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AGD 10/01/2024 City of Wichita Falls City Council Agenda Tim Short, Mayor Bobby Whiteley, Mayor Pro Tem/At Large Michael Smith, District 1\--1;1 - Larry Nelson, District 2 • Jeff Browning, District 3 rA IJc4� Q a �S Mike Battaglino, District 4 TEXAS Tom Taylor, District 5 "� &/ue e�:4o/der�Oyportumities: �/y� 'P- Paul Menzies, Acting City Manager �AA,LL Kinley Hegglund, City Attorney Marie Balthrop, City Clerk Notice Of Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas, To Be Held At The MPEC, 1000 Fifth Street, Hayley Eye Clinic Seminar Room, Tuesday, October 1, 2024, Beginning At 8:30 A.M. This meeting can be accessed and viewed at the following locations: 1. A livestream will be shown on the Spectrum/Time Warner Cable Channel 1300 2. A livestream will be shown on the City's Facebook page (City of Wichita Falls, Texas Government) (https://www.facebook.com/citvofwichitafalls) 3. A video of the meeting will be posted on the City's YouTube page (https://www.voutube.com/citvofwf) Item # 1 . Call to Order 2. (a) Invocation: Minister Scott Franks Edgemere Church of Christ (b) Pledge of Allegiance 3. Presentations (a) Employee of the Month — Antonio Smith, Recreation (b) Proclamation —Arts and Humanities Month, Wichita Falls Alliance for Arts and Culture (c) Proclamation — Domestic Violence Awareness Month, First Step, Inc. (d) Presentation — International Municipal Lawyers Association: IMLA Local Government Fellows Awards 4. Comments from the public to members of the city council concerning items that are not on the city council agenda. People wishing to address the council should sign up prior to the start of the meeting. A three-minute time frame will be adhered to for those addressing their concerns. Since comments from citizens are not posted agenda items, the City Council is prohibited from deliberating or taking any action, other than a proposal to place the item on a future agenda. Staff may provide factual statements in response to inquiries or recite existing policy. CONSENT AGENDA 5. Approval of minutes of the September 17, 2024 Regular Meeting of the Mayor and City Council. 6. Receive Minutes (a) Library Advisory Board, June 18, 2024 (b) Planning & Zoning Commission, August 14, 2024 (c) Landmark Commission, August 27, 2024 (d) Central Wichita Falls Neighborhood Revitalization Committee, September 3, 2024 (e) Town Hall Meeting, September 9, 2024 REGULAR AGENDA 7. Resolutions (a) Resolution Approving Extension of The Contract for Operation and Maintenance of Jointly Owned Lake and Canal Systems Between the City of Wichita Falls and The Wichita County Water Improvement District No. 2 In the Amount Of $309,562.00 (b) Resolution authorizing the change of the Authorizing Official from the City Manager (Darron Leiker)to the Chief Financial Officer/Director of Finance (Stephen Calvert) on all existing active grants through the Office of the Governor, Public Safety Office (c) Resolution authorizing City staff to accept and approve applications for placement of memorial markers in City right-of-way (ROW) (d) Resolution approving the programs and expenditures of the Wichita Falls Type B (4B) Sales Tax Corporation Board and amending the budget to include funding in an amount up to $500,000 to Sheppard Air Force Base (SAFB), and approving the programs and expenditures of the Wichita Falls Economic Development Corporation (4A) Board and amending the budget to include funding in an amount CITY COUNCIL AGENDA PAGE 2 OF 4 up to $500,000 to SAFB; both to support the strobe light repair project for the main runway at SAFB for a total of $1 ,000,000 (e) Resolution authorizing the Acting City Manager to apply for a Defense Economic Adjustment Assistance Grant (DEAAG) for the Sheppard Air Force Base (SAFB) Runway 15C/33C Strobe Light/Control Panel Replacement Project 8. Other Council Matters (a) Announcements concerning items of community interest from members of the City Council. No action will be taken or discussed. 9. Executive Sessions (a) Executive session in accordance with Texas Government Code §551 .074 to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, dismissal of a public officer or employee (including but not limited to the interim city manager and city manager positions). (b) Executive Session in accordance with Texas Government Code § 551 .087, to discuss or deliberate the offer of a financial or other incentive to a business prospect that the City Council seeks to have, locate, stay, or expand in or near the territory of the City of Wichita Falls and with which the City and/or economic development corporations created by the City are conducting economic development negotiations (including, but not limited to, the SABF runway light project and an economic development update). 10.Adjourn Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours' notice. Please call the City Clerk's Office at 761-7409. Every item on this agenda shall be considered a public hearing. Regardless of the agenda heading under which any item is listed, any word or phrase of any item listed on this agenda shall be considered a subject for consideration for purposes of the Texas Open Meetings Act and other relevant law, and City Council may deliberate and vote upon any such subject and resolutions related thereto. Resolutions, ordinances, and other actions concerning any word, phrase, or other subject may be voted upon, regardless of any language of limitation found in this agenda or any document referring to such action. Any penal ordinance, development regulation or charter provision of the City of Wichita Falls or item which is funded by the current or next proposed City of Wichita Falls budget, including, without limitation, any street, water pipe, sewer, drainage structure, department, employee, contract or real property interest of the City of Wichita Falls, may be discussed and deliberated, and the subject is hereby defined as such without further notice. Any item on this agenda may be discussed in executive session if authorized by Texas law regardless of whether any item is listed under "Executive Sessions" of this agenda, regardless of any past or current practice of the City Council. Executive sessions described generally hereunder may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice. Executive sessions described generally hereunder are closed meetings, may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice, and may include CITY COUNCIL AGENDA PAGE 3 OF 4 items under Texas Government Code Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.084, and/or 551.087. CERTIFICATION I certify that the above notice of meeting was posted on the bulletin board at the Wichita Falls Public Library, Wichita Falls, Texas on the 25th day of September, 2024 at 5:00 o'clock p.m. iqa,aL City Clerk CITY COUNCIL AGENDA PAGE 4 OF 4 CITY COUNCIL AGENDA 10/01/2024 ITEM/SUBJECT: Employee of the Month INITIATING DEPT: Recreation NAME: Antonio Smith DEPARTMENT: Recreation HIRE DATE: 5/9/1986 PRESENT POSITION: Facility Monitor COMMENTARY: Presentation of the Employee of the Month Award (plaque, letter of appreciation, gift card for dinner at a local restaurant, and a check for $200.00). ® Director of Human Resources ® Budget Office Review ® City Attorney Review ® Acting City Manager Approval PAGE 1 OF 1 PAGES AGENDA ITEM NO. 3.A City of Wichita Falls City Council Meeting .....� Minutes \-111')Ic. . September 17, 2024 14A�r 'N TEXAS ; ,x. 7. Ptu�Skres Gla/derl 97f'7 tai res +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 Mike Battaglino - Councilors Jeff Browning - Larry Nelson - Michael Smith - Paul Menzies - Acting City Manager Kinley Hegglund - City Attorney Marie Balthrop - City Clerk Absent: Tom Taylor, Councilor District 5 Mayor Short 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 Short led the Pledge of Allegiance. Item 3a — Proclamation — Blue Star Welcome Week, Wichita Falls Chamber of Commerce PAGE 1 of 10 AGENDA ITEM NO.5. 8:32 a.m. Mayor Short read a proclamation proclaiming September 21-29, 2024, as Blue Star Welcome Week. Item 3b — Proclamation — Puppy Mill Awareness Day, Texas Humane Legislation Network 8:33 a.m. Mayor Short read a proclamation proclaiming September 21 , 2024, as Puppy Mill Awareness Day. Item 3c — Proclamation — National Forensic Science, Wichita Falls Police Department Crime Scene Unit 8:35 a.m. Mayor Short read a proclamation proclaiming September 15-21 , 2024, as National Forensic Science Week. Item 3d — Proclamation — Hispanic Heritage Month, Wichita Falls Alliance for Arts and Culture 8:42 a.m. Mayor Short read a proclamation recognizing September as Hispanic Heritage Month in Wichita Falls. Item 3e — Proclamation — Suicide Awareness Month Walk 8:45 a.m. Mayor Short read a proclamation proclaiming September 28, 2024, as the Suicide Awareness Month Walk in Wichita Falls. Item 4 — Comments from Citizens 8:47 a.m. CITY COUNCIL MINUTES September 17, 2024 PAGE 2 OF 10 PAGE 2 of 10 AGENDA ITEM NO.5. There were no comments from citizens. Item 5-6 — Consent Items 8:48 a.m. Paul Menzies, Acting City Manager, gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Nelson to approve the consent agenda. The motion was seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, and Whiteley. Nays: None Item 5 — Approval of Minutes of the September 3, 2024, Regular Meeting of the Mayor and City Council Item 6 — Receive Minutes (a) Wichita Falls 4B Sales Tax Corporation (WF-4BSTC), June 7, 2024 (b) Wichita Falls 4B Sales Tax Corporation (WF-4BSTC), August 1 , 2024 (c) Lake Wichita Revitalization Committee, August 13, 2024 (d) Central Wichita Falls Neighborhood Revitalization Committee, August 20, 2024 Item 7a — Ordinance 53-2024 8:49 a.m. Ordinance making an appropriation to the Special Revenue Fund for the Alzheimer's Disease and Related Dementias (ADRD) Grant Program in the amount of $150,000 received from the Texas Department of State Health Services (DSHS), and authorizing the City Manager to execute contract accepting same. Moved by Councilor Browning to approve Ordinance 53-2024. CITY COUNCIL MINUTES September 17, 2024 PAGE 3 OF 10 PAGE 3 of 10 AGENDA ITEM NO.5. The motion was seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, and Whiteley. Nays: None Item 7b — Ordinance 54-2024 8:52 a.m. Ordinance making an appropriation to the Special Revenue Fund in the amount of $50,993.52 for grant revenue from the Texas Department of Transportation (TxDOT) for a Comprehensive Selective Traffic Enforcement Program (STEP) Grant for Fiscal Year 2025 and authorizing the City Manager to execute all documents necessary to accept said funds. Moved by Councilor Browning to approve Ordinance 54-2024. The motion was seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, and Whiteley. Nays: None Item 8a — Resolution 112-2024 8:55 a.m. Resolution authorizing award of bid for the estimated annual requirement of Lime Slurry for wastewater treatment from the low bidder, Lhoist North America of Texas, LLC, in the amount of $422,400.00. Moved by Councilor Browning to approve Resolution 112-2024. The motion was seconded by Councilor Nelson and carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, and Whiteley. Nays: None CITY COUNCIL MINUTES September 17, 2024 PAGE 4 OF 10 PAGE 4 of 10 AGENDA ITEM NO.5. Item 8b— Resolution 113-2024 8:57 a.m. Resolution authorizing the City Manager to award bid and contract for the Miscellaneous Drainage Repairs (Wichita Christian School) Project to Insituform Technologies, LLC in the amount of $164,058.00. Moved by Councilor Nelson to approve Resolution 113-2024. The motion was seconded by Councilor Battaglino and carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, and Whiteley. Nays: None Item 8c — Resolution 114-2024 9:00 a.m. Resolution authorizing the City Manager to execute the Joint Funding Agreement for Water Resources Investigations, Number 25SJJFATX039000, with the U.S. Geological Survey for $91 ,310.00. Moved by Councilor Nelson to approve Resolution 114-2024. The motion was seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, and Whiteley. Nays: None Item 8d — Resolution 115-2024 9:02 a.m. Resolution authorizing the City Manager to award bid and contract for the 2024 Sewer Budget Utility Improvement Project to Bowles Construction Co. in the amount of $1 ,338,699.00. Moved by Councilor Nelson to approve Resolution 115-2024. The motion was seconded by Councilor Browning and carried by the following vote: CITY COUNCIL MINUTES September 17, 2024 PAGE 5 OF 10 PAGE 5 of 10 AGENDA ITEM NO.5. Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, and Whiteley. Nays: None Item 8e — Resolution 116-2024 9:04 a.m. Resolution authorizing the City Manager to award bid and contract for the 2024 Lift Station 20, 58 & 65 Rehabilitation Project to Bowles Construction Co. in the amount of $1 ,117,401.00. Moved by Councilor Nelson to approve Resolution 116-2024. The motion was seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, and Whiteley. Nays: None Item 8f— Resolution 117-2024 9:06 a.m. Resolution authorizing the purchase of two %-ton pickups for the Fire Department and Animal Control Division through The Interlocal Purchasing System (TIPS) purchasing cooperative from Chuck Nash Chevrolet Buick Inc. (dba Chuck Nash Chevrolet Buick GMC) in the amount of $102,591 .67. Moved by Councilor Browning to approve Resolution 117-2024. The motion was seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, and Whiteley. Nays: None Item 8q — Resolution 118-2024 9:08 a.m. CITY COUNCIL MINUTES September 17, 2024 PAGE 6 OF 10 PAGE 6 of 10 AGENDA ITEM NO.5. Resolution authorizing the City Manager to execute all documents necessary to purchase the EMS Record Management System from ESO Solutions, Inc. in the amount of $54,658.20. Moved by Councilor Nelson to approve Resolution 118-2024. The motion was seconded by Councilor Browning. Donald Hughes, Fire Chief, stated this purchase is being made through the Savvik Buying Group. The motion carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, and Whiteley. Nays: None Item 8h — Resolution 119-2024 9:10 a.m. Resolution approving the Wichita Falls Type B (4B) Sales Tax Corporation Budget for Fiscal Year 2024-25. Moved by Councilor Nelson to approve Resolution 119-2024. The motion was seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, and Whiteley. Nays: None Item 8i — Resolution 120-2024 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 in an amount up to $2.1M to the City of Wichita Falls to support capital improvements at the Sports Complex (2nd turf project). CITY COUNCIL MINUTES September 17, 2024 PAGE 7 OF 10 PAGE 7 of 10 AGENDA ITEM NO.5. Moved by Councilor Nelson to approve Resolution 120-2024. The motion was seconded by Councilor Battaglino and carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, and Whiteley. Nays: None Item 9a(i) — Staff Report — Parks Master Plan Update — Blake Jurecek. 9:22 a.m. Blake Jurecek, Assistant City Manager, gave a presentation and update on the progress of the Parks Master Plan. He discussed the purpose, timeline, schedule, engagement opportunities, engagement findings, survey results, assessment of current facilities, community partners, and the project webpage. They are currently at the recommendation stage and anticipate completing the plan by the end of the year. Mr. Jurecek discussed the five main goals: Enhance Amenities and Facilities, Accessible Systems, Management and Maintenance, Leverage Partnerships, and Parks and Recreation Destinations. There was a brief discussion regarding the importance of the community input provided and being able to target the needs based on the input. Mike Mitchell, 1805 10th Street, discussed his educational background in Parks and Recreation and the various parks he has visited. He discussed the importance of recreational opportunities for revitalization in our community, and thanked the Council for supporting recreation opportunities. Item 9a(ii) — Staff Report— Memorials in the Right of Way— Terry Floyd. 9:39 a.m. Terry Floyd, Director of Development Services, discussed requests for allowing memorials in the right-of-way, the proposed application process with one-year renewals, applicant responsibilities, and placement standards based on TxDOT standards. Applications will be accepted in the Property Management Division and coordinated with other departments. There was a brief discussion about the proposed standards and meetings that will be held with families that have recently requested memorials. Item 9b - Announcements concerning items of community interest from members of the City Council. No action will be taken or discussed. CITY COUNCIL MINUTES September 17, 2024 PAGE 8 OF 10 PAGE 8 of 10 AGENDA ITEM NO.5. 9:46 a.m. Councilor Whiteley thanked Mr. Mitchell for attending and providing positive feedback, and for his involvement in the community. Councilor Smith discussed the recent Town Hall Meeting regarding wildfire mitigation and prevention and reminded citizens of the importance of mowing the grass around their property. He expressed his appreciation for the Town Hall and hopes meetings like this will continue in the future. Councilor Smith also expressed his appreciation for the recent Police Awards, Promotion, and Retirement ceremony and his excitement for the Fire Academy Graduation. Councilor Battaglino thanked Amy Fagan and her team for their work on the Alzheimer's grant and discussed various community events over the next two weekends. Councilor Nelson asked about the Quail Creek project, and Mr. Schreiber stated it was a little behind schedule. Councilor Nelson discussed two restaurants that closed and two additional restaurants that are opening and expressed concerns about possibly losing the Gun Show at the MPEC. Mayor Short discussed various community events, encouraged citizens to participate, and asked everyone to continue praying for rain. Item 10 — Appointments to Boards and Commissions 9:54 a.m. Moved by Councilor Whiteley to appoint Rhonda McClung to Place 7 on the Library Advisory Board with a term to expire on 07/31/2027. The motion was seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, and Whiteley. Nays: None Item 11 — Executive Sessions No executive session was held. CITY COUNCIL MINUTES September 17, 2024 PAGE 9 OF 10 PAGE 9 of 10 AGENDA ITEM NO.5. Item 12 — Adjourn Mayor Short adjourned the meeting at 9:56 a.m. PASSED AND APPROVED this 1st day of October 2024. Tim Short, Mayor ATTEST: Marie Balthrop, TRMC, MMC City Clerk CITY COUNCIL MINUTES September 17, 2024 PAGE 10 OF 10 PAGE 10 of 10 AGENDA ITEM NO.5. LIBRARY ADVISORY BOARD MINUTES June 18, 2024 MEMBERS PRESENT: Zachary Carlton Kristen Garrison Suhua Huang Daniel Juarez Shunta McFadden Jana Hausburg MEMBERS ABSENT Amy Bobrowitz Marianne Dowdy Katherine Love Betty Richie Blake Jurecek Guest: Fox Baker, Program specialist librarian Librarian's report Chair Suhua Huang at 4:35 p.m. and called for a vote to approve minutes from March of 2024. Motion was made and seconded. There being no old business to discuss, Ms. Hausburg gave an update on the migration from the library's old integrated library system software from SirsiDynix to a new system — LS2 — purchased from TLC. Many things went well right at the beginning. And many things did not. The library's Migration Team has spent the last couple of months fixing issues with vendors being able to communicate with the software. The most problems encountered were with the product's Acquisition module. That is now finally working, and TLC issued to the library a credit for next year due to all the aggravation staff went through.Staff have been thoroughly trained on processes and customers seem to like the new public access catalog and other features. Ms. Hausburg was happy to announce that the City Council accepted and voted to spend the two grants she was seeking from The Priddy Foundation—one for up to$285,824 worth of new computer and technology equipment,and one for $80,000 which will be used to purchase a light commercial van to use as an outreach vehicle to attend community events such as Art Walk and the back-to-school fair as well as visit retirement communities, schools, neighborhoods, and so forth. PAGE 1 of 2 AGENDA ITEM NO.6.a Next, Ms. Hausburg introduced Fox Baker, Program specialist librarian, who highlighted the new Large Format Printer recently installed in the Research Room of the library. It will shortly be available for the public to use to printer poster size pictures and other graphics. He then previewed upcoming fall and winter programs such as Touch-a-Truck (Oct. 5) and the Holiday Open House (Dec. 7) and some programs aimed at adults featuring a night light and a cloud lamp. Mr. Baker also talked about the Summer Reading kick-off party,with 215 in attendance. It was an "Amazing Race"theme with four major destinations, prizes, music, and crafts. Everyone seemed to have a great time. Lastly, Ms. Hausburg talked about the addition of a police presence at the library. Off duty officers spend 10 hours a week patrolling the library and this has led to a significant decrease in Code of Conduct violations and disruptive incidents. There being no further business, meeting was adjourned at 4:56 p.m. The next meeting will be Sept. 17, 2024, at 4:30 p.m. Signature: _'""�, .._�Y — niel Juar-4tj e-rson PAGE 2 of 2 AGENDA ITEM NO.6.a MINUTES PLANNING &ZONING COMMISSION August 14, 2024 PRESENT: David Cook *Chairman Jeremy Woodward •Vice-Chair Steve Wood *Member Blake Haney •Member Michael Grassi •Member Noros Martin •Member Doug McCulloch •Member Matt Marrs •Member Wayne Pharries •Member Councilor Bobby Whiteley *Council Liaison Mark McBurnett •SAFB Liaison James McKechnie, Legal Department •City Staff Terry Floyd, Director of Development Services •City Staff Russell Schreiber, Director of Public Works •City Staff Fabian Medellin, Planning Manager •City Staff Tyson Traw, City Engineer •City Staff Cedric Hu, Planning Technician •City Staff Robin Marshall, Admin Assistant •City Staff ABSENT: Brady Enlow *Alternate No.1 Alan Sizemore *Alternate No.2 I. CALL TO ORDER The meeting was called to order by Chairman David Cook, at 2:00 p.m. II. PUBLIC COMMENTS Chairman Cook asked if there were any comments from the public for any items not on the agenda. With no response, Mr. Cook closed public comments. III. APPROVAL OF MINUTES Commissioner, Jeremy Woodward, made a motion to adopt the July 10th, 2024, minutes. Commissioner, Noros Martin seconded the motion. The motion was passed unanimously, 9-0. PAGE 1 of 14 AGENDA ITEM NO. 6.b Planning and Zoning 2 August 14, 2024 IV. CONSENT AGENDA P 24-30 WinCo Foods Addition, Lots 1-4, Block A— Final Plat P 24-32 Short Track Motor Sports Addition, Lot 1A, Block 1— Final Plat Chairman Cook asked if there are any items on the consent agenda that should be moved down to the regular agenda. Mr. Fabian Medellin stated that there are not any items that should be moved to the regular agenda. Chairman Cook asked if there is a motion to approve the consent agenda. Mr. Woodward made the motion to approve the consent agenda, and Commissioner Marrs seconded the motion. The motion passed 9-0. V. Regular Agenda 1. Case C 24-19 1417 East Cortez Drive Consider taking action on a conditional use to allow for the development of a duplex in a Single-Family 2 Residential (SF-2) zoning district. Owner: Mindy Holbrook Address: 1417 East Cortez Drive Chairman Cook asked if there was a motion to approve the case. Commissioner Michael Grassi makes the motion and Mr. Marrs seconded the motion. Cedric Hu presented the case and stated that the applicant met with staff to discuss allowing a duplex at 1417 East Cortez Drive. Mr. Hu stated that an approved conditional use permit would be required to allow a duplex in a Single- Family 2 Residential zoning district. Mr. Hu presented slides of the location and stated this property is located on the NW side of town, just NE of City View Elementary. Continuing showing aerial views, slides of the applicants site plan, and a map based on the applicants site plan, Mr. Hu stated that the duplex would have a total of 1916 square feet and the proposed site does meet all of the setback requirements in the ordinance.The entirety of the property sits within the SF2 zoning district. As part of the conditional use process, we have notified all properties within the 200-foot radius. We have mailed out a total of 31 notices and have received one response back, which was in favor. Mr. Hu stated after taking everything into consideration, staff does recommend approval of the conditional use for a duplex, with the conditions that four parking stalls be provided that meet the design standards of Section 6200 Chairman Cook asked if the applicant was present and would like to make a presentation. The applicant was not present. Chairman Cook put the motion to vote, and the motion passed 9-0. 2. Case C 24-20 4208 Iowa Park Road PAGE 2 of 14 AGENDA ITEM NO. 6.b Planning and Zoning 3 August 14, 2024 Consider taking action on a conditional use to allow for the development of a manufactured home in a Residential Mixed Use (RMU) zoning district. The applicant: Russell Moore Address: 4208 Iowa Park Road Commissioner Cook asked if there was a motion to approve the case. Mr. Woodward made the motion and Mr. Marrs seconded the motion. Cedric Hu presented the case, and he stated: "The applicant is seeking a conditional use approval in regards to this property to place a manufactured home in this property that is zoned as residential mixed-use. City ordinance does require a proof of conditional use to place a manufactured home inside residential districts, which is why we are here today." Mr. Hu displayed a location map and aerial views, pointing out that the property is located in the northwest side of Wichita Falls, just west of the intersection with Iowa Park Road/Wellington Lane. He showed the applicant's proposed site plan for the manufactured home, and stated that the building will be 28 feet by 58 feet with an approximate total of 1475 square feet. It will be a four-bedroom, three-bathroom model and stated that the actual parcel is about 118 by 1,838 feet, which will exceed all setback requirements. Mr. Hu continued to present a variety of slides showing different views of the property and provided the zoning and land use map of the property, stating the subject property is located next to other residences, primarily within the residential mixed use zoning district. And just West and East of the property are various other residential uses in both the RMU and a single-family one zoning districts. Mr. Hu stated that the Planning Dept. sent out notices as part of the conditional use process, notifying 11 properties in total, and have received one response back which was in favor of the proposed manufactured home. After taking this into consideration, the staff does recommend approval of this conditional use for a manufactured home with the following conditions: 1) The home must meet the requirements of Section 5600 for infill manufactured housing. 2) The proposed home must comply with all codes and ordinances at the time of construction permitting. Chairman Cook asked if the applicant was in the audience and would like to make a presentation. The applicant was not present. Chairman Cook opened it to the entire audience, but no one wished to make a comment. Chairman Cook took the motion to vote, and it passed 9-0. 3. R 24-04 5135 Ditto Lane, 5126 & 5150 Henry S Grace Freeway Public hearing of a request to rezone +/- 13.98 acres of land located at 5135 Ditto Lane, 5126 Henry S. Grace Freeway, and 5150 Henry S. Grace Freeway (Lots 1,2-A, and 9, K.C. Gray Estates)from Light Industrial(LI)to General Commercial (GC) zoning district; and amend the Land Use Plan from Light Industrial to PAGE 3 of 14 AGENDA ITEM NO. 6.b Planning and Zoning 4 August 14, 2024 Commercial to allow for an expansion of allowed uses including multifamily residential. Chairman Cook declares the public hearing at 2:10, and stated that no action would be taken at this time. The Applicants: Omer Farooq Asad Farooq One Eyed Moose Ventures, LLC. Address: 5135 Ditto Lane 5126 Henry S. Grace Freeway 5150 Henry S. Grace Freeway Mr. Fabian Medellin presented the case and stated that this was only a request to change the land use and zoning designation. There is no particular proposed development at this time—only an opportunity to expand the allowable uses on the three properties. Mr. Medellin stated that the One-Eyed Moose Ventures, LLC representative met with staff regarding the Ditto Lane property and discussed the zoning designation, Light Industrial. Staff told the representative that rezoning the property in question would not be possible because of the geographical location and the zoning designation of all the properties surrounding it, which are Light Industrial. Staff informed the representative that a joint application could be submitted to extend the neighboring General Commercial zoning over the neighboring property and their own. The representative met with those adjacent lot owners, the Henry S. Grace Freeway property owners, and they decided to apply together for all three properties to convert them from Light Industrial to General Commercial. The purpose was to expand the uses to include those multifamily uses prohibited in the Light Industrial Zoning District. The subject site is located south of Kickapoo Airport on Henry S. Grace Freeway and Ditto Lane. Mr. Medellin presented the location map to indicate the approximate site and showed that the land is undeveloped. He then pointed out a couple of the neighboring land uses. There are a few rows of homes on Ditto Land that are non-conforming and stated that they are all within the same Light Industrialized zoning district. North of Kickapoo Airport are a few more residential uses to the Northwest and the Southwest, and directly to the South is a kennel/pet daycare. The property immediately to the South of the airport is undeveloped. In discussing airport zoning regulations, Mr. Medellin talked about some approved new developments and went through the process. One is under construction, and the other has been issued a CO, Spare Feet Storage, which is PAGE 4 of 14 AGENDA ITEM NO. 6.b Planning and Zoning 5 August 14, 2024 Southeast of the airport. Mr. Medellin said, "We take a look at every aspect of the actual proposed developments, everything from the building placement, the height of the buildings, trees, landscaping because that could potentially have impacts to the airport, lighting, signage, anything that can potentially even create electrical interferences that can interfere with communication devices for the airplanes. All that's taken into consideration at the time of a project proposal when we are sitting down reviewing that site. Included with that is an FAA review. For those two projects to move forward, they had to provide us with a clearance letter from the FAA, a determination of no impact, which they did provide. Then, after we approved their permits, they went away to construct their projects." He then continued to point out some developmental impacts to the site that will limit the ability to develop when it comes to height. Mr. Medellin said, "Here we have invisible layers that dictate the height allowances around the airport. The primary surface covers the runway strip and is set at a thousand feet above sea level. Everything is based on elevation from that runway. Then, we have a couple of other zones. The one directly south is the approach departure zone. In our ordinance, we outline a set distance of 34 feet. A foot of height is allowed for every 34 feet at the end of the primary surface or the runway zone. For every 34 feet out, they can go one foot higher. Based on some measurements, we just wanted to outline some of those heights allowed within that light pink area in the approaching departure. In the 5126 Ditto Lane, the approach departure, you're looking at a maximum height of about 28 feet. And, like I said, that's based on elevation from the runway.The same is true:the further you get from the runway, the higher you can go. That's the furthest north portion of the property. The furthest south border of those properties is about 48 feet. Now, 5126 and 5150, they're split. They're also a part of what's called the transitional zone. There, the height loss is measured a little bit differently. As the name implies, it is measured perpendicular to the runway strip. Now, for every seven feet out, you can go one foot up. But if you look at the diagram, we would measure east-west with the runway. It is so, measuring out east in line with the runway. That frontage portion is minimal as far as the north part is concerned. It's only limited to about 16 feet, and that's everything on top of the building. So that's parapets, any kind of HVAC equipment, that's all taken into account, and it has to be below that height allowance. But the further east you go, the higher you can build. So that leads up to 62 feet. That transitional plane leads up to what's called the horizontal plane. And that's a flat 150-foot limitation that goes about two miles around the airport. All of this is based on elevation." The elevation around the area is flat, and there is not a lot of change, but for the most part, there's a few feet difference. He stated that someone could still change the grade of their site to go lower so they could work within those allotted height maximums. Mr. Medellin showed some views of the subjects' sites and stated that staff is proposing to change just the land use of those three properties PAGE 5 of 14 AGENDA ITEM NO. 6.b Planning and Zoning 6 August 14, 2024 and extend that general commercial designation from the East to encompass the subject sites, as well as the land use plan. Mr. Medellin discussed the other site, stating that it was annexed in 1968, and zoning here started in 1985. The site has essentially remained the same for 40 years. Mr. Medellin said, "When we hear the proposal, we always weigh the options, weigh out the benefits, benefit to property owners, benefit to potential businesses, benefit to the city and the public. After weighing out all the options, we determined that classification hasn't helped out a lot because it's remained vacant for forty years." He continued, "Change is sometimes necessary to spur development. In 40 years, we've only gotten a couple of storage facilities adjacent to the lot or south of the lot of the airport. We felt that we could recommend it. But as part of our process, we do engage the public. We do reach out to neighboring properties. Mr. Medellin explained that the Planning department is only required to send notices within 200 feet of the subject sites, so 12 notices were sent out for these properties. The responses were one in favor, four opposed, and one undecided. A few were also received via email, both from airport tenants and a couple of other neighboring properties. Some of those notices came in at the last minute, so the Commissioner's books were updated this morning with those two loose notices opposing that proposal. The staff weighed all the options, considerations, potential impacts, and the still requirements for in-depth review at the time of construction permits; staff did feel that we can recommend this approval for zone request for the 13 acres located at 5135 Ditto Lane, 5126 Henry S. Grace Freeway, and 5150 Henry S. Grace Freeway." Chairman Cook asked if the applicants were present and wished to speak. The applicant for Ditto property did not want to speak. He then opened it to the audience. Mary Latimer stated that she has been a pilot for over 50 years and operated out of Kickapoo Airport on and off for that time. She cited FARs from the FAA and said, "Federal Aviation Regulation 77.9 says that the FAA has to evaluate a 1- 100 ratio for any height obstructions within 20,000 feet of the runway. So, 1 to 100 will require an evaluation by the FAA. The hangers and other objects will be approved, but anything off that extended center line will be a problem." Ms. Latimer then explained that as an instrument-rated pilot, when bad weather is in the area, the approach plate for pilots over the proposed location is somewhere between 500 feet above the ground and 250 feet above the ground over the top of the proposed buildings, which would be a noise problem for those in the apartments. She spoke of the possible dangers if there was a mechanical 4,44, emergency, stating it is a safety issue for the pilots and a safety issue for any PAGE 6 of 14 AGENDA ITEM NO. 6.b Planning and Zoning 7 August 14, 2024 tenants of a proposed apartment complex. Ms. Latimer also indicated that it would affect those who fly large airplanes into that airport who own businesses in our community and said if houses are built there, there will be a displaced threshold. Also, it will shorten the available usage of the existing runway, which would not meet the accelerated stop distances for their giant airplane and would not be able to land at Kickapoo Airport. She felt that it would have an economic impact on our community. Commissioner McCulloch discussed the Light Industrial businesses to the north end of the airport with Ms. Latimer and how it is okay for businesses and housing to be near other airports in other cities. Ms. Latimer said that the firms to the North of Kickapoo Airport are not along the center line, so the center line is clear. They then discussed the noise problems for tenants if an apartment building was built there. Mr. McCulloch stated that the renters would choose to live there. Ms. Kimberly Jackson came forward to speak, stating that she is a commercial pilot and the squadron commander for the Civil Air Patrol,which has emergency services bases at Kickapoo. She said, "Predominantly out of Kickapoo, you have general aviation, commercial aviation, and then, of course, you have the Civil Air Patrol, which is an auxiliary of the Air Force operating emergency services out of the base." She stated that the proposed development is less than 1,200 feet from the departure end of the active runway. She added, "according to some statistics that I found online, approximately 25,000 general aviation or commercial aviation operations happen out of that airport. The predominant winds will put most of those operating, taking off to the south. Taking off to the south at a low altitude will be a loud disturbance for any resident. And that's why the FAA has developed several documents discussing compatible usage. The land is currently at light industrial warehouse storage units. Those are compatible uses. Multifamily housing is not compatible with the use of the FAA, according to TXDOT. One of the documents Ms. Latimer referred to was the Advisory Circular 150-5190-4B. It's called the Airport Land Use Compatibility Planning, which outlines runway-safe zones. Another document that discusses compatibility issues would be in the federal regulation code, Title 14, Part 77, which also includes safe, efficient use and preservation of navigable airspace. From operating out of that airport, I can tell you you have a whole housing community on the east side. Kickapoo gets several complaints about noise because the predominant direction of traffic is flying over that neighborhood. That would only accelerate if you had houses on the south end with low-altitude aircraft because, over the houses on the downwind, we're a thousand feet above the ground. Taking off from the runway, we'll be 100 feet climbing." Density altitude is going to lower that. It depends on how quickly the aircraft has the performance to climb out. But I wanted to draw attention to the fact that the PAGE 7 of 14 AGENDA ITEM NO. 6.b Planning and Zoning 8 August 14, 2024 city has received federal grant money. With that federal grant money to develop the airport hangers and ramp, you signed an assurance with the FAA, particularly Assurance 20 and 21. I'll quote this: The FAA obstacle evaluation study must be completed, but more importantly, any kind of residential development is not considered compatible with the airport, particularly under the final approaches, with safety and noise being the primary concerns. This rezoning would certainly raise flags with the FAA and TXDOT and whether the city has adequately protected the airspace and the airport per the federal regulation grant assurances you signed. I'm happy to discuss anything further, and I can share those documents with you and elaborate on any of them. One document that I want to express also is that I spoke with the FAA. I had lunch with him this morning, and he is a safety advisor, but he looked over the approach plate Mary had discussed. His opinion was that the approach would go away. They can't modify the approach by raising those minimums for aircraft operating a general commercial operation. They won't be able to increase the. It's a 3% glide slip that comes in. The FAA's opinion would be that that approach would go away." Mr. Andrew Holly stepped up to the mic and stated that he is the Airport Administrator with the city of Wichita Falls, and said, in the opinion of the Airport's Department, that any rezoning that would allow for any future residential occupation of any land within the prescribed area would most probably violate our grant assurances with the FAA. I am responsible for both the regional airport and the Kickapoo Airport. Commissioner Grassi asked Mr. Holly to describe the grant in more detail. He stated that the FAA grants allow them to build facilities at the airport, make renovations, and provide maintenance. TXDOT provides the airport with a maintenance grant of$100,000 annually, and they utilize those funds yearly. Mr. Holly continued by saying that the airport operations are currently revenue- neutral to the city budget. If they lost any of their grants, that would become extremely difficult to maintain. Mr. Grassi asked if Mr. Holly knew the percentage of that grant as far as the budget was concerned, and Mr. Holly stated that he did not. Commissioner Pharries asked if Mr. Holly was saying that rezoning the property, not necessarily building anything, just the act of rezoning, would endanger the grant, to which Mr. Holly replied that it would be possible. It said it would cause the FAA to look closely at it. City Attorney James McKechnie added that the FAA grants are dense and complex and require multiple reviews by both the city manager's office and the PAGE 8 of 14 AGENDA ITEM NO. 6.b Planning and Zoning 9 August 14, 2024 city attorney's office, as well as the Department of Transportation within the city. Chairman Cook stated that any further talks about this now are unnecessary as the grants need to be reviewed how this could impact the grant with the FAA since the departments mentioned above have not yet reviewed it, and that a review needs to be done before any further discussion on the subject. Chairman Cook asked if any in the audience favored the rezoning, and Mr. Sanders, a representative for Mr. Shallenberger, said what we are discussing is all preliminary. They may end up just putting in single-story fourplexes or something that won't affect the in and out of the runways. He said the only purpose of this meeting was to see if they could develop that land for the future instead of just letting it sit there. Chairman Cook Closed the public hearing at 2:38pm. Chairman Cook asked if there was a motion to table to bring the case back at the September 11th P&Z meeting. Mr. Pharries motions to table the case, Mr. Marrs seconded the motion. Chairman Cook takes the motion to vote and it passed 9-0. 4. TA 24-01 Subdivision and Development Regulations Amendment- Public Hearing Discussion and possible action on the City of Wichita Falls Pavement Manual Detail 2000, specifically 6 inches of pavement versus 5 inches of pavement. Commissioner Cook opened the public hearing at 2:39 pm, and stated that there will be no action taken at this time. Mr. Russell Schreiber, Director of Public Works, presented the case and said we believe the current standard is correct. The local engineers also think they were in the right place with those standards. Mr. Tyson Traw presented a PowerPoint summarizing the book sent to the commissioners. Mr. Traw reiterated some of the points from past presentations in this PowerPoint. Note that the proposed changes ranged from 6-inch to 5-inch concrete, and the reinforcement was reduced to 3 bars on 18-inch centers. Both are about a 40% reduction in steel reinforcement and about 17% reduction in concrete thickness. Then, examples of distress and failures were shown through slides. He discussed crack spacing, delamination, spalling, faulting, and using patching to fix some of those issues temporarily. He continued about erosion, and when water gets into the material beneath the pavement over time, you lose the support of the base material. It creates a void underneath the pavement. Crack width plays an essential role in this. PAGE 9 of 14 AGENDA ITEM NO. 6.b Planning and Zoning 10 August 14, 2024 Mr. McCulloch questioned the placement of the rebar, and Commissioner Noros Martin stated it looked like it had been placed close to the surface, with little concrete coverage. Mr. Traw admitted that concrete cover is a big problem that we face. They continued to speak about the rebar's placement and spacing and discussed how they are placed during construction using "chairs" to hold the rebar up. Mr. Pharries asked if there has been any investigation on some of the streets while being built to verify proper placement/work and if any core samples have ever been done on the sites to test the concrete depths. Mr. Schreiber responded that they perform core samples, and the subgrade can vary slightly since the concrete is not placed on a perfectly flat surface. Generally, the samples are five-inch results. Mr. Traw then presented a list of cities in our state that are compared. Some cities listed have no standards; those cities generally require asphalt/pavement for residential streets. He states the depth of concrete, PSI, and spacing between rebars compared to what we currently use. Those listed used six or more inches of concrete. The cost analysis was discussed and stated for pavement; it's typically on a per-square-yard basis, shown on a unit price basis. Looking at similar work, six-inch concrete and eight-inch concrete were reviewed for comparison. Mr. Traw found a difference of around $1000, but it can change slightly depending on the added assumptions. He broke down material, labor, excavation, soil stabilization, design, and construction management costs. Mr. Traw spoke about the concrete pavement design manuals that are used, listing the Federal Highway Administration Continuously Reinforced Concrete Pavement manual in 2016 (which he said has the best practices for continuously reinforced concrete), Federal Highway Administration's Performance and Best Practices of the Continuously Reinforced Concrete Pavement, and TXDOT has a grand pavement manual. In the packet provided to the Commission, a project summary and how it works was provided. The streets of Wichita Falls are considered to be continuous reinforced concrete pavement. Mr. Grassi asked why traverse saw cutting of pavement is done here. Mr. Traw explained that it is done so you can create a spot where that crack will occur, and you can better maintain that pavement after the fact. When cracks form,we can see that and then fill it back with a sealer. Chairman Cook opens the platform to anyone in the audience that wants to speak. Mr. Stephen Gamer states that as a layman doing his research, he believes the depth of concrete for our streets should be six inches in the long term. He felt PAGE 10 of 14 AGENDA ITEM NO. 6.b Planning and Zoning 11 August 14, 2024 going to five inches would be taking a step backward and trying to save a little money. Mr. Randy Wachsman came forward and stated that he felt the problem was more with the laying of the rebar being too high to the surface, causing issues in the streets. He also said he disagrees with the city's definition of failure. Mr. Tanner Wachsman said he believes the construction of streets is "more uniform, more continuously uniform, increasing the strength.We are using better concrete, better testing methods, better placement methods, and weather prediction methods. We are using better chemical additives. We are using better designs on the street. We are getting it right more often, and our streets now are better than they were." He feels there should not be a comparison of work done in the past to what is done now. He disagrees with the cost models. He stated that in 2018 the 6-inch depth was forced on them, and the cost was significant because they used 20% more concrete. Chairman Cook closed the public hearing at 3:26 pm. Mr. McCulloch states that the thickness and the PSI play a role in this and whether to stay at 3,600 PSI or drop back to 3,000 PSI. He also wanted to verify that size and placement are factors that will influence what they will be voting on today. Mr. Traw stated that it is part of today's vote. He said, "It's my understanding that the previous recommendation was to go from 6-inch, which is the current thickness, to 5, and the reinforcement was also reduced from number 4s at 18 inches each way to number 3s at 18 inches each way." Mr. McCulloch then asked if weather conditions affect the outcome of the poured concrete. Mr. Traw said they do and stated we go by the North Central Texas Council of Governments, at least for the city projects. We also rely on the American Concrete Institute for their recommendations. They do have recommendations on both cold weather and warm weather concreting." Then, talking about the sub-base, Mr. McCulloch stated, "If the sub-base fails, everything's If it's going to fail, I don't care if it's 6 inches or 8 inches. If they put the rebar too high, if it's going to fail, it doesn't matter if it's 6 inches or 8 inches. I'm more like myself; I'm more concerned about the applications than I have the actual how much concrete. I know more concrete will add more to the cost, but it will still fail if we don't put the steel in the right place. It will still fail if the subgrade hasn't done well, and it will still fail if we don't have the correct aggregate. We're poured in ice weather or too hot weather, and the hydration is going to be sucked right out of it or what." Mr. Schreiber said, "it's a North Central Texas Council government specification. So, all municipalities in North Texas typically adopt Jk"^. those and use those practices." "If their concrete reaches the 3,600,we typically PAGE 11 of 14 AGENDA ITEM NO. 6.b Planning and Zoning 12 August 14, 2024 ..................... take that. We don't ever modify their designs for their particular pavement. The imor amount of coarse aggregate versus fine aggregate versus the Watt cement ratio, that type of thing. We don't modify those." Mr. Schreiber, speaking of the depth of concrete, said, "The standard was changed because we don't think the streets are thick enough because we don't think we're getting the right embedment of the steel. The 6-inch street will be a better product for our community." Chairman Cook talked about quality control and asked, "What is the city's process in that to ensure that from the time they're on site to start pouring these streets to the time it gets signed off by city inspectors saying, yes, that was poured, two code, two specs, whatever. What is the process for the quality assurance of the construction?" Mr. Schreiber stated, "I can tell you that our inspectors now check the depth of the concrete. They pull the strings across the forms to see if the depth is there and check the rebar spacing.They take concrete samples or tests. They pull the cylinders. I think it's one or two set over 40 cubic yards or something like that. Then we go, we break the concrete." Commissioner Steven Wood motioned that we remain with the current standard of the 6-inch paving with the 4-inch at 18-inch on centers each way. Mr. McCulloch seconded the motion. Chairman Cook asked if there was any additional discussion by the commission. Commissioner Grassi added, "This is from Texas A&M, the Texas Real Estate Research Center. For every$1,000 we add to the cost of a home, we price out $24,000 households."And then stated, "For every$1,000 in Texas, you price out 24,000 households." Chairman Cook asked if there were any additional comments, and there were none. Chairman Cook took the motion to a vote, reiterating that the Commission was voting on maintaining the 6-inch concrete depth and number 4 rebar. All in Favor: Steve Wood Doug McCulloch All Opposed: Blake Haney Wayne Pharries Noros Martin Iti Jeremy Woodward PAGE 12 of 14 AGENDA ITEM NO. 6.b Planning and Zoning 13 August 14, 2024 Michael Grassi Matt Marrs David Cook The motion fails. 2-7 Chairman Cook asks the Commission if anyone has a motion for a different proposal. Mr. Grassi asked about if we have pavement management, and how if we manage pavement elements after they have been installed, and Mr. Traw stated that we do. He continued that we spend about two and a half million on all of our street rehabs, typically over the last fifteen years. Mr. Traw said, "Generally, our concrete rehab, which is the type of street we're talking about here, we spend around a million dollars to repair. We have about 560 centerline miles of street or road. Just to be frank, that million dollars doesn't go very far." Mr. Schreiber stated that we have a company that comes in and evaluates them and scores the streets. Mr. Grassi responds that that would be pertinent information for the Commission to see. Chairman Cook asked if there was a motion that this case will be sent back to council as presented previously. Mr. Michael Grassi makes the motion and Noros seconded the motion. Chairman Cook takes the motion to a vote. Those in favor: Blake Haney Wayne Pharries Noros Martin Jeremy Woodward Michael Grassi Matt Marrs David Cook Those opposed: Steve Wood Doug McCulloch The motion passes 2-7 PAGE 13 of 14 AGENDA ITEM NO. 6.b Planning and Zoning 14 August 14, 2024 VI. STAFF UPDATE Mr. Medellin made the staff update, and stated that the Parks Board is not meeting again until September,which we hope to get the Commission and the Parks Board together when they get back from their summer hiatus. To make the Conditional Use Permit process improved, we are setting up QR codes and Google forms, so hopefully next month we will have a beta version for you to test out. VII. ADJOURNMENT Chairman Cook adjourns the meeting at 4:01 7/ft/Z `I _ •• - • '"Sore..,,, coog., vice ch.,r Date � y //47/47-' (I. ( (2. y Thy Floyd, Director of Development Date PAGE 14 of 14 AGENDA ITEM NO. 6.b LANDMARK COMMISSION MINUTES August 27, 2024 MEMBERS PRESENT: Marcela Medellin • Chairperson Christy Graham •Vice-Chair Michele Derr ■ Member Andy Lee ■ Member Joel Hartmangruber • Member Janel Ponder Smith ■ Member John Dickinson • Member Michael Smith • Council Liaison Monica Aguon, Assistant City Attorney • City Staff Terry Floyd, Development Services Director • City Staff Robin Marshall, Admin Assistant • City Staff ABSENT: Noros Martin • P&Z Liaison Karen Montgomery-Gagne ■ City Staff GUESTS: Gary Douglas, 1412 Buchanan ■Applicant I. Call to Order, Introductions and Welcome: Chairperson Marcela Medellin called the meeting to order at 12:02p.m. Ms. Medellin had Commission members, staff and guests introduce themselves. II. Review & Approval of Minutes from: June 25th 2024: Chairperson Medellin called for review and approval of the June 25th, 2024 Landmark Commission meeting minutes. Mr. Joel Hartmangruber made a motion to approve the minutes as presented, Ms. Michele Derr seconded the motion. Minutes were unanimously approved 7-0. III. Regular Agenda: Action Item: Design Review— 1412 Buchanan Request replacement of chain link fencing with 6ft cedar fencing and a walk-through gate along the alley/rear yard, and demolition of a deteriorated non-original wood shed. District— West Floral Heights HD Owner— Mr. Gary Douglas PAGE 1 of 4 AGENDA ITEM NO.6.c Landmark Commission 2 August 27,2024 Chairperson Medellin introduced the case. Mr. Terry Floyd presented to the Commission that Mr. Douglas is looking to replace an existing chain link fence with a six-foot cedar privacy fence and a walk-through gate near the rear alley of the property. In addition, Mr. Douglas was proposing to demolish a wood shed, that is deteriorated and in the back of the property where the fence will connect. Mr. Floyd stated that this property is located in the Floral Heights district and presented aerial photos, street view photos and photos from through out the years of the 1412 Buchanan property. The home was built in 1919 and is a Tudor style property, which the Douglas' have owned since 2017. It is a one and a half story home that is largely unchanged. There had been gargoyles on the roofline in 2013, but the insurance company requested for those to be removed. Mr. Floyd continued showing pictures that showed the back of the property which showed the existing chain link fence, the fencing panel, the garage and the accessory structure. Mr. Floyd stated that the chain link fence and gates were new. The chain link fence and a 6 ft cedar privacy fence were approved in May of 2023. Mr. Douglas currently is proposing a similar cedar privacy fence with a walk-through gate in the back area to replace some old chain link fence as well. Mr. Floyd showed photos of the shed proposed for removal. It abuts the attached brick garage apartment, and was an add-on but it is unknown when it was added. This shed has deteriorated throughout the years, with the wood being badly rotted, and the entire structure is in bad condition. Being in such bad condition and being non-original, it really could not be restored, and that is the reason the owners are requesting it be approved to demolish. It was noted by staff, that if Mr. Douglas does get approval to remove the shed, that care would have to be taken of any attached elements to the existing brick garage apartment, so damage is not cause to the existing garage structure during the removal. Residential construction and demolition are allowed as part of the design review process, and part of what this board is asked to do. Mr. Floyd added, "one thing that's noted here in our design guidelines and part of the consideration is that they reflect the materials and architectural character of the landmark district." He also noted that front yard fences are not approved within West Floral Heights, pointing out that the chain link fence that was approved prior, is in the side-yard area. Mr. Floyd stated that staff is recommending approval of both the new fence with a gate, and the removal of the wood shed. Adding that Mr. Douglas will be pulling the appropriate permits that are necessary for the demolition of the structure and/or fencing, if any are needed. Ms. Janel Ponder Smith stated that she is a neighbor to the Douglas's and attested to the fact that the shed is in disrepair, and that the fencing would be a nice addition. Chairperson Medellin asked if anyone from the public would like to make any comments or ask any questions, and there was none made. Ms. Derr made a motion to approve the application as presented, and Ms. Ponder Smith seconded the motion. Chairperson Medellin took the motion to a vote, and the commission voted unanimously to approve the application 7-0. PAGE 2 of 4 AGENDA ITEM NO.6.c Landmark Commission 3 August 27,2024 IV. West Floral Heights Historic District: Volunteer District Design Review Committee Consider accepting resignations and making new appointments. Chairperson Medellin introduced the case and Mr. Floyd stated there were two vacancies on the West Floral Heights Historic District Volunteer Design Review Committee, and there were two applicants for the appointments. Dr. Sarah Olson and Robert Rhoades, both of them living in the district on 10th and Buchanan Streets. The minimum number to be on the committee is five, which they have now, and the maximum number is seven. If the applicants are appointed, this would put the committee at full capacity with seven members. It is a three-year term, and the appointed volunteers assist in the design review process with non-binding recommendations to Ms. Karen Montgomery-Gagne (Historic Preservation Officer) and/or the Commission for those projects in the district. Mr. Floyd stated staff recommends appointment of both applicants to the committee. Chairperson Medellin asked if there were any comments/questions from the public, which there were none. Ms. Christy Graham motioned to approve the appointment of the two applicants (Olson and Rhoades) to the WFH HD Volunteer District Design Review Committee and acceptance of the resignations (Phillips and York). Ms. Ponder Smith seconded the motion. Chairperson Medellin took the motion to a vote, and it was approved by 7-0. V. Other Business: Monthly Report— Depot Square HD and West Floral Heights HD Ms. Graham reported that the Hotter'n Hell event was a success! She mentioned the art walk that will be on Sept. 5th, Wichita Theater production of Steel Magnolia's at Stage Two through Sept. 28th, and Beauty and the Beast will be opening this month. The Backdoor Theatre will have an evening at the Improv on Sept. 21st, and the farmers market will have their Taco Fest on Sept. 21st Ms. Ponder Smith cited there were still problems with residents doing projects without contacting the Commission. She has started to send letters to real estate agents when she sees a property in the district come up for sale to make them aware to inform potential buyers of the guidelines that are posted on the City website. More historic plaques are being put up on the homes to show they are designated historical sites. Window companies are being contacted to inform them of the guidelines as well. Ms. Ponder Smith also acknowledged one local realtor that is doing her own research on the historical backgrounds of homes in the district, using that as a selling point for the homes. The WFH Design Com. is volunteering to help the realtors do research on local historical homes. One home of historical interest, that Ms. Ponder Smith mentioned, was the Krueger Home, Mr. Krueger was a local jeweler that helped the Zale's family start the Zale's Jewelry Store in Wichita Falls. Also mentioned was the WFH HD Association bylaws were rewritten and finalized on Sun., Aug. 25, 2024. Mr. Floyd updated that Ms. Montgomery-Gagne was currently working with the Wichita Co. Historical Commission marker liaison on some items concerning the Memorial PAGE 3 of 4 AGENDA ITEM NO.6.c Landmark Commission 4 August 27,2024 Auditorium nomination. The initial nomination to THC for a subject marker at Memorial Auditorium was not approved and staff have been working to appeal based on the history, events and community importance of the facility in the cultural development of the city. THC is strongly encouraging the nomination be altered to request a Recorded Texas Historic Landmark (RTHL) designation/marker which comes with additional regulatory review in addition to the building having been inappropriately altered to a significant extent in past decades that it shouldn't qualify for an RTHL nor is the City interested in additional regulations. Staff continue to pursue avenues to consider and have contacted the Certified Local Government (CLG) coordinator for assistance. Ms. Montgomery-Gagne attended the THC subject marker unveiling and dedication for the Church of the Good Shepherd on Aug. 17th which was also covered by KFDX. Also noted by Mr. Floyd, that were worked on by preservation staff with regards to design review and authorized projects included: 1) Morningside NR District - 110 Pembroke — Staff issued citations for unauthorized demo and trash in front yard. Property was observed by Building Inspections and Code to have additional infractions with illegal construction of a new, detached garage placed within the required setbacks. Pictures were shown of the property and infractions. Staff is working with the owner (Stratosphere) to address the issue. 2) The West Floral Heights marker project was submitted to the Texas Municipal League (TML) in the spirit category for a city award. The awards presentation will be a part of the TML presentation, so we are hoping to hear results soon. It was nominated because we thought it was a great community collaboration project. Ms. Ponder Smith asked if 1703 Hayes was administratively approved, and there was some confusion if it had been approved or if a stop work order had been put in place. Mr. Floyd stated Ms. Montgomery-Gagne will follow up with information about the project. Chairperson Medellin asked if there were any other items, which there were none. VI. Adjourn: Chairperson Medellin stated the next Landmark Commission meeting will be held on September 24th, 2024 at 12:00pm Chairperson Medellin adjourned the meeting at 12:30pm. Viv\A , r .,�,�, bi . z�L . 2.1 Ms. Marcela Medellin, Chairperson Date PAGE 4 of 4 AGENDA ITEM NO.6.c MINUTES Central Wichita Falls Neighborhood Revitalization Committee September 3,2024 PRESENT: Ann Arnold-Ogden •Member Wendy Browder •Vice Chair Jose Garcia •Member Nadia Menchaca •VUFAAC Liaison Nike Mitchell •Chairman Councilor Michael Smith • Member Fabian Medellin, Planning Manager •City Staff Christal Cates, Neighborhood Revitalization Coordinator •City Staff ABSENT: Larry Fox •Member Councilor Larry Nelson • Member Andrea Robles •Member GUEST: Sydney Fosnaugh, Arts Alliance Intern •Guest Whitney Flack, District 1 City Council Candidate •Guest I. CALL TO ORDER The meeting was called to order by Chairman Mike Mitchell, at 4:04 p.m. and introductions of all attendees made. III. PUBLIC COMMENTS Chairman Mitchell asked if there were any members of the public that wished to speak. No comments from the public. VII. ADOPTION OF THE MINUTES Chairman Mitchell asked for a motion to approve the minutes from August 20th, 2024. Councilman, Michael Smith made a motion to approve the minutes as presented. Vice-Chairwomen, Wendy Browder seconding. The motion passed unanimously with a vote of 5-0. VIII. REGULAR AGENDA 1. Continued Discussions on the Community Change Grant PAGE 1 of 4 AGENDA ITEM NO.6.d Neighborhood Revitalization Committee 2 September 3, 2024 Mrs. Cates briefly discussed progress made on the Community Change Grant application as well as meetings that were held with potential partners. Staff directed the Committee to review the draft Partnership Agreements that were provided in the meeting book distributed before the start of the meeting for any revisions or suggestions they may have had. Staff advised two draft agreements were provided for their review, the first for the potential partnership of Habitat for Humanity of Wichita Falls and the second for Ms. Selena Hurtado, owner of 1600 Monroe Street. Mrs. Cates advised that staff was invited to attend the next Habitat for Humanity board meeting that would be held on Monday, September 9th at 5 p.m. to present the Community Change Grant from the U.S. Environment Protection Agency and a potential partnership agreement for the Board to take action on. The partnership agreement listed specific roles and responsibilities both the City and Habitat for Humanity would agree to. Mrs. Cates stated essentially the partnership would be for the City of Wichita Falls to rehabilitate structures within the Neighborhood Revitalization Area, reducing indoor toxins and making the structures energy efficient, and gift to Habitat for Humanity for placement of low-income families. The second draft potential partnership for Ms. Hurtado listed the specific roles and responsibilities both the City and Ms. Hurtado would agree to. One of the requirements for Ms. Hurtado would be to provide a leased tenant space for two years at $0 for the time of the lease. This lease would be to provide fresh produce, diary and meats for the neighborhood in return for rehabilitating the commercial property Ms. Hurtado owns to reduce indoor toxins and make the structure energy efficient. Committee discussed the partnerships and what responsibilities would be for both all parties involved. Committee members advised to proceed with other potential partnerships for the Community Change Grant as needed. 2. Continued Discussions on the Neighborhood Empowerment Zones (NEZ) Mrs. Cates presented the draft Neighborhood Empowerment Zone (NEZ) for the Neighborhood Revitalization Area to the Committee and gave a review of what a NEZ was as well as how it is structured and potential benefits it would provide for the zone. Staff advised the Committee what incentives could be offered in detail to see what the Committee would like to have in the draft NEZ. The Committee stated they would like to see the incentives that were listed: • Building Permit Fees • Right-of-Way Permit Fees • Demolition Fees • Inspection Fees • Fire Permit Fees • Plan Review Fees • Zoning Application Fees PAGE 2 of 4 AGENDA ITEM NO.6.d Neighborhood Revitalization Committee 3 September 3, 2024 • City Plat Application Fees • City Plat Application Fees • City Tax Abatements • City Tax Abatements • Release of City Liens • Release of City Liens Committee member, Mr. Jose Garcia suggested to add Landfill fees to the list of incentives that could be waived. Staff advised they would add it in the next draft of revisions. Staff also discussed tax abatements with the Committee and advised what tax law stated could and could not be offered, as well as what terms and requirements the Committee would like to recommend to City Council. After discussions among staff and the Committee it was decided to offer the incentive of tax abatement on any new construction or rehabilitation project in the NRA. The Committee came to a consensus to offer 100% abatement for five years in the exchange for a minimum of 10% up to 50% of the Base Value of the property. To apply for a ten-year abatement the Committee recommended 100% abatement for the first five years, and to decrease the percentage of abatement by 20% per year Staff also discussed tax abatements with the Committee and advised what tax law stated could and could not be offered. After lengthy discussions the Committee agreed to base the percentage and length of tax abatement on a percentage (based off the value of the home) of the cost of the rehabilitation proposed. Staff advised these revisions would be reflected in the next draft of the NEZ for their review. IX. OTHER BUSINESS Bridwell Park Update Mrs. Cates gave a brief update on Bridwell Park. Photos were displayed and Mrs. Cates stated all concrete had been poured. The date for the Bridwell Park Block Party had been delayed due to construction and material delays. Staff advised once the Parks Director had completed the project, a new date for the party would be scheduled. City Council Staff asked the Committee to please attend the upcoming City Council meeting on September 3rd, at 8:30 a.m. to show support of the recommendation they had given for staff to proceed with applying for the Community Change Grant from the U.S. Environment Protection Agency. VII. ADJOURN Staff advised the next meeting was scheduled for Tuesday, September 17th at 4 p.m. to be held at the Arts Alliance conference room. A reminder for the sub- committee meeting for Bridwell Park unveiling event would be held Tuesday, September 10th at Wichita Tower, 705 8th Street, 6th Floor Planning Conference Room at 4pm. PAGE 3 of 4 AGENDA ITEM NO.6.d Neighborhood Revitalization Committee 4 September 3, 2024 Chairman Mitchell adjourned the meeting at 5:08 p.m. 9//7/AY ike Mitchell, Chairman Date edellin, AICP, Planning Manager Date PAGE 4 of 4 AGENDA ITEM NO.6.d City of Wichita Falls _ Town Hall Meeting ¢� .....� Minutes ; ,r' ` ' � ` 4/ ��_� )). 4 517(5 September 9, 2024 a Vi�1aK ,4 w TEXAS r � vicr. Ptu�Skres Glatdes-0ip tctni re5' 3 a'Lg " Item 1 - Call to Order The City Council of the City of Wichita Falls, Texas, met in a regular session at 6:00 p.m. on the above date in the Seminar Room at the MPEC with the following members present. Tim Short - Mayor Mike Battaglino - Councilors Michael Smith - Tom Taylor - Paul Menzies - Acting City Manager Kinley Hegglund - City Attorney Marie Balthrop - City Clerk Absent: Bobby Whiteley — Mayor Pro Tem/At-Large, Larry Nelson — Councilor District 2, and Jeff Browning — Councilor District 3, Mayor Short announced that a quorum was present and called the meeting to order at 6:03 p.m. Mayor Short gave the invocation and led the Pledge of Allegiance. Item 1 — Introductions Mayor Short welcomed everyone and thanked them for attending. Councilor Taylor introduced the Council and staff members present, asked participants to sign in, addressed the five-minute time limit for Questions from the Public, and discussed the rules of decorum. Item 2 — Presentation: City of Wichita Falls' Wildfire Mitigation Efforts, Donald Hughes, Fire Chief Chief Hughes shared a video regarding wildfires, mitigation, and escape planning. He discussed past wildfires and mitigation efforts and shared a map showing the high wildfire threat in the area. Chief Hughes and Assistant Fire Marshall Burchett discussed the wildfire threat on the North Side of town, mitigation efforts, and the steps of a mitigation plan. There was a brief discussion regarding landowner cooperation and the current mitigation project in District 5. There was a brief discussion regarding how mitigation will continue throughout the City, how citizens can report areas needing mitigation, and ways to receive assistance. Brad Darnell, 2489 Wranglers Retreat, Sue Cook, 2212 Hunters Glen, and Mickey Fincannon, Wichita County Commissioner, spoke during this discussion. Item 3 — Good Neighbor Awareness — Councilor Taylor Councilor Taylor encouraged residents to make a plan and be prepared for a wildfire. He discussed the importance of property maintenance, being good neighbors, and working together and thanked Chief Hughes and Assistant Fire Marshall Burchett for their presentation. Item 4 — Questions from the Public Tim Sheppard, 167 Blackfeet Trail, asked if there were plans for mitigation at Lake Arrowhead, and Chief Hughes discussed past mitigation and partnerships. Mr. Sheppard asked if there had been any movement to allow residents of Lake Arrowhead to purchase their lots. Mayor Short discussed the survey that was sent to residents. Mr. Menzies discussed the history of lake lot lease increases, surveys, and the interest of residents purchasing their lots at market value. Mr. Sheppard asked about inspection fees at Lake Arrowhead versus the fees inside the City and asked that those rules be revisited. There was a brief discussion regarding a committee for Lake Arrowhead residents, and that the understanding was that the leaseholders would set up the committee. Stacey Darnell, 6785 FM 2606 at Lake Arrowhead, discussed the importance of mitigation efforts and expressed her thanks for the mitigation plan. She discussed her concerns about the lack of action from citizen committees and her desire to have a formal City board for Lake Arrowhead, concerns with their inability to vote or have representation, and stated she did not receive a survey for the additional lot they own. Mayor Short stated that Lake Arrowhead deannexed themselves from the City. There was a brief discussion regarding forming a neighborhood committee, City representation, and responsibilities. Mayor Short stated that the decisions to raise lease rates were put off for a year and that the Council and City staff are their committee. Lisa McLaughlin, 266 Cherokee Trail, thanked the staff for the excellent wildfire mitigation presentation. She discussed how Lake Arrowhead is not inside City limits but the City does own the property, and asked that the City lead by example on the mitigation efforts by maintaining the lots they own that are not leased. She discussed the vagueness of the surveys sent to residents and expressed the need for more facts to be shared. There was City Council Minutes September 9, 2024, Town Hall PAGE 2 OF 4 a brief discussion regarding the need for appraisals and property values assessed by Clay County. Mayor Short discussed the current law that requires a third-party appraiser. Daisy, Smith Street, discussed the lack of support Wichita Falls offers and regulations regarding chickens inside city limits and suggested that all churches be required to have community gardens. Amy Fagan, Director of Health, discussed rules regarding chickens and the demonstration garden and community garden days at the Martin Luther King Center. Councilor Taylor encouraged citizens to report their concerns using the Access City Hall app or the Report a Concern button on the City website. Paul Barham, 7853 FM 2606, stated that after the May meeting, he understood that the City would form a committee, but he received a letter stating that the Council had not shown interest in creating one. He discussed how some residents panicked after receiving the survey since they could not afford to purchase their lot and were afraid they might be forced to. He thanked staff for the presentation, asked for a copy of the video, and discussed concerns about open lots and the city's policy to let them return to their natural state. Brad Darnell, 2489 Wranglers Retreat, discussed concerns with fires caused by fireworks and the lack of enforcement of the fine for popping fireworks at the Lake. He stated Clay County would not enforce any city rules at the Lake and suggested having a City police officer available. Stacey Darnell, 6785 FM 2606, clarified that her expectation for the committee was to be a City Board or Commission. She said the expectation and direction they understood was that the City would form the committee. She asked for direction, and Mayor Short said he thought it would be a Town Hall meeting with Lake Arrowhead residents. Tim Sheppard, 167 Blackfeet Trail, stated that at a recent meeting, he asked what the lake lot lease funds pay for. He said that the amount more than covers the operation of the Property Management division, discussed his recent conversation with Pat Hoffman, and alleged that she said not raising lake lot leases caused fire and police not to get raises, and said he had the conversation recorded. Mr. Menzies asked for a copy of the recording. Stephen Calvert explained that lake lot revenues go into the General Fund and discussed what that fund supports. Mr. Calvert stated the land owned by the City is an asset, and it is in the best interest of the City to charge market value for the use of the land. He stated the majority of the General Fund comes from property tax and sales tax, and making the most of what we have is the standard of stewardship. Mayor Short thanked everyone for attending and stated he would like to meet with the residents of Lake Arrowhead before the spring. City Council Minutes September 9, 2024, Town Hall PAGE 3 OF 4 Item 5 — Adjourn Mayor Short adjourned the meeting at 7:10 p.m. PASSED AND APPROVED this 1st day of October 2024. Tim Short, Mayor ATTEST: Marie Balthrop, TRMC, MMC City Clerk City Council Minutes September 9, 2024, Town Hall PAGE 4 OF 4 CITY COUNCIL AGENDA October 1, 2024 ITEM/SUBJECT: Resolution Approving Extension of The Contract for Operation and Maintenance of Jointly Owned Lake and Canal Systems Between the City of Wichita Falls and The Wichita County Water Improvement District No. 2 In the Amount Of $309,562.00. INITIATING DEPT: Public Works / Utilities Administration STRATEGIC GOAL: Provide Quality Infrastructure STRATEGIC OBJECTIVE: Complete Public Improvements Projects COMMENTARY: The City of Wichita Falls has contracted with Wichita County Water Improvement District No. 2 (WCWID #2) for the operation and maintenance of the Irrigation Canal System, Lake Kemp, and Lake Diversion since 1961 . The current agreement which was adopted in 2022 is set to expire on October 1, 2024. City Staff and the District Manager have discussed the current agreement and agree that due to the increase in costs of operation over the past 3 years, an increase in the annual maintenance costs associated with this contract is in order. The increase in the annual amount is approximately a 2.2% annual increase over the past 3 years and is the average of the Consumer Price Index for the same period. The WCWID#2 Board approved the agreement at their September 17, 2024 board meeting. The new contract will be effective October 1 , 2024, and will expire on September 30, 2027. City staff has budgeted for the new contract amount in the 24/25 budget and therefore recommend approval of the agreement for continued operation and maintenance of the Lake Kemp, Lake Diversion, and Irrigation Canal System. ® Director of Public Works ASSOCIATED INFORMATION: Resolution, Contract document ® Budget Office Review ® City Attorney Review ® Acting City Manager Approval PAGE 1 OF 9 PAGES AGENDA ITEM NO. 7.A Resolution No. Resolution Approving Extension of The Contract for Operation and Maintenance of Jointly Owned Lake and Canal Systems Between the City of Wichita Falls and The Wichita County Water Improvement District No. 2 In the Amount Of $309,562.00 WHEREAS, the City of Wichita Falls has previously entered into an agreement with the Wichita County Water Improvement District No. 2 for operation and maintenance of Lake Kemp, the Diversion Reservoir, main canals, laterals, and other facilities used in connection therewith; and WHEREAS, the City of Wichita Falls and the Wichita County Water Improvement District No. 2 are willing to extend the current contract for an additional three-year term commencing on October 1 , 2024, and have agreed on a new annual fee of $309,562.00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The extension of the attached Contract For Operation And Maintenance Of Jointly Owned Lake And Canal Systems By The City Of Wichita Falls And Wichita County Water Improvement District No. 2 in the amount of $309,562.00 per year, for a term of 3 years from October 1 , 2024, is approved, and the City Manager is authorized to execute said contract for the City, with changes as are approved by the City Attorney. PASSED AND APPROVED this the 1st day of October, 2024. MAYOR ATTEST: City Clerk PAGE 2 OF 9 PAGES AGENDA ITEM NO. 7.A STATE OF TEXAS § COUNTY OF WICHITA § CONTRACT FOR OPERATION AND MAINTENANCE OF JOINTLY OWNED LAKE AND CANAL SYSTEMS BY CITY OF WICHITA FALLS AND WICHITA COUNTY WATER IMPROVEMENT DISTRICT NO.2 This agreement, made and entered into by and between the City of Wichita Falls, Texas, hereinafter called "City," and Wichita County Water Improvement District No. 2, hereinafter called "District," both being municipal and political corporations and subdivisions of the State of Texas, each acting herein by and through its respective officers hereunto duly authorized, WITNESSETH: WHEREAS, City and District, who are the joint owners of Lake Kemp, the Diversion Reservoir, main canals, laterals, and other facilities used in connection therewith, make and enter into this agreement for the maintenance and operation thereof for the mutual benefits to be derived therefrom by each of these contracting parties, and for the consideration hereinafter set out, the covenants and agreements to be paid, kept and performed, it is agreed by the parties as follows: 1. Notwithstanding anything herein contained, it is agreed that no construction or interpretation of any of the terms of this agreement shall be construed to alter, change or modify the ownership of the jointly owned facilities, including the ownership of or rights to the use of the waters in Lake Kemp and the Diversion Reservoir, but that such ownership shall remain the same as set out in a certain agreement made and entered into by and between Wichita County Water Improvement District No. 1 and Wichita County Water Improvement District No. 2 dated April 4, 1923. PAGE 3 OF 9 PAGES AGENDA ITEM NO. 7.A As established by that agreement, City owns an undivided 66.11% interest in said facilities, and District owns 33.89% interest. 2. As provided in the said contract dated April 4, 1923, District shall have the full use of sufficient water for the irrigation of lands in said District. City shall have the full use of sufficient water required by it for municipal purposes. City shall have and retain the right to the prior use of the water of said entire system to the extent of a supply of water sufficient for the uses of the City, not to exceed a reserve supply of 50,000 acre feet of stored water, so that if at any time the supply of water available to said system in the reservoirs should be used to the extent that only that amount of water is available or in storage, then same shall be reserved for the uses of said City. If the storage reservoir is at any time emptied, then all waters in the Diversion Reservoir shall be reserved for the use of the City. 3. Except as set out in the two paragraphs immediately preceding, this agreement is made and entered into in lieu of and instead of any and all contracts and agreements which may have heretofore been made and entered into by City and District or District and Wichita County Water Improvement District No. 1. 4. It is expressly not the intent of City and District to create, participate in, operate or maintain a joint enterprise by entering into this agreement. As a part of the consideration of this agreement, District shall have total and compete control of all maintenance, operational, design and improvement functions of the jointly owned facilities,to the complete exclusion of the City, regardless of ownership interests, except as provided herein. It is agreed that District shall, when requested by City, release so much water as is required by City for its purposes. PAGE 4 OF 9 PAGES AGENDA ITEM NO. 7.A District shall have total and complete control over the hiring and firing of its employees, as well as the sole right of control over its employees, to the complete exclusion of City. District and City acknowledge the only commonality of purpose in the ownership of the jointly owned facilities is the furnishing of water, as required, from Lake Diversion to City and American Electric Power Company, with the transport, delivery and sale of irrigation water being the sole purpose and responsibility of District. City shall not participate in revenues from the sale of irrigation water. 5. The term of this agreement shall be for a period of three years from October 1, 2024. 6. Further, as a part of the consideration for this agreement, City shall pay to District $309,562.00 per year for each of the remaining years of the contract. Such payments shall be made in monthly installments; the first such monthly installment shall be paid on or before October 15, 2024, and other monthly installments shall be paid on or before the 15th day of each month thereafter during the term of this agreement. In consideration of the City's payment to the District, the District shall perform the following services: a. provide a full-time employee at Lake Kemp to provide routine and preventive maintenance at Lake Kemp, for municipal irrigation and flood control. b. maintain adequate and constant water supply for the City's MF/RO reservoir and pump station, except during periods of time when it PAGE 5 OF 9 PAGES AGENDA ITEM NO. 7.A becomes necessary for the District to engage in maintenance work on the supply canal. c. provide maintenance and operation of the Lake Diversion Dam and main canal outlet works. d. maintain and operate approximately 160 miles of canal and lateral irrigation systems. e. provide water to Lake Wichita, as requested by City not to exceed the amount permitted by the State of Texas. f. provide adequate and constant supply of water to Oklaunion Power Station (OPS) at Lake Diversion. g. maintain approximately 75 miles of drainage ditches. h. perform administration and billing for the Lake Kemp Project with the U.S. Corps of Engineers. 7. In addition to all other consideration herein agreed upon, City and District with the United States Army Corps of Engineers shall annually agree to and implement a maintenance and operation plan and proposed budget for Lake Kemp separately from the operation and maintenance activities and division of costs as covered by this agreement. It is mutually agreed and understood that costs to implement the Lake Kemp operation and maintenance plan shall be borne as follows: Corps of Engineers shall bear 51.6%of the total cost, District shall bear 66.11%of the remaining local share of 48.4%, and the City shall bear 33.89%of the remaining local share of 48.4%. District shall invoice, with back-up material, City and Corps of Engineers monthly for the Lake Kemp operation and maintenance costs. PAGE 6 OF 9 PAGES AGENDA ITEM NO. 7.A 8. Any expense of unforeseen and emergency repairs to Lake Kemp, the Diversion Reservoir and the main canals occasioned by an act or acts of God, as that term is usually defined, in addition to all other consideration herein agreed upon, shall be borne by both parties in proportion to their joint ownership therein; that is, City shall bear 66.11% and District shall bear 33.89%. Such repairs shall be recommended solely by District and before the repairs provided for in this paragraph are made, they shall be approved by both City and District. 9. The proceeds of the sale of water shall be collected by District and shared equally by City and District, with the exclusion of proceeds from the sale of irrigation water for which District is exclusively entitled. The accounting and distribution of shared proceeds shall be made quarterly, providing that any water sales contracts shall be mutually agreed upon by District and City before the same shall be binding. 10. District shall, during the term of this agreement, keep its accounting records to conform to the fiscal year of City and such records shall be open for inspection by City at all times. Such records shall continue the chart of accounts as now used. There shall be made annually an outside audit by an auditor acceptable to both City and District, and a copy of such audit shall be submitted to City within ninety (90) days after the close of District's fiscal year. 11. If either party hereto shall become dissatisfied with the terms of this agreement, excluding that part of this agreement contained in paragraph 1 hereof, then in such event, such dissatisfied party shall, only during the final year of the term of this agreement and on or prior to six months preceding the termination date, notify the other party in writing setting forth specifically its grounds therefore, immediately following PAGE 7 OF 9 PAGES AGENDA ITEM NO. 7.A which the parties shall attempt to renegotiate this contract by mutual agreement. If on or prior to four months of the expiration of the final year term the parties are unable to agree upon a renegotiation, or having failed or neglected to agree upon a renegotiation, the matter or point of disagreement shall be submitted to a Board of Arbitration in the manner provided by law, such Board consisting of the City Manager of City, the General Manager of District, and a third disinterested and unbiased person selected by a majority of the district judges of Wichita County, Texas. The decision or renegotiation of this contract by such Board shall be final and binding upon the parties hereto unless the substantive legal rights of either party are violated. 12. City and District jointly owning the facilities, anticipating their continued ownership perpetually in themselves, their successors or assigns, recognize their ownership responsibility one to the other, and by this and the immediately preceding paragraph, it is meant that this ownership responsibility shall not cease or fail but that during such joint ownership of such facilities there shall exist an operation agreement between the parties hereto reached by mutual agreement or arbitration as the case may be. 13. The District has occupied office space in City-owned structures for many years. The City will, during the term of this agreement, authorize the District to occupy office space at 402 East Scott. There will be no charge to the District for such office space, but the District will in turn, and as consideration, not levy any taxes against the City for City-owned property within the District during the term of this agreement and for all previous years in which the District has occupied City-owned office space. The City, after reasonable notice to the District, shall be allowed to furnish comparable facilities PAGE 8 OF 9 PAGES AGENDA ITEM NO. 7.A mutually agreeable to both parties at a different location if City needs this space for other City purposes, or if City disposes of such property. Such comparable facilities shall be furnished under the same terms and conditions set forth above. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized officers on this the day of , 2024. CITY OF WICHITA FALL, TEXAS By: City Manager ATTEST: City Clerk WICHITA COUNTY WATER IMPROVEMENT DISTRICT No. 2 By: - , 'u .-' Preside , Board of Directors ATTEST: • C.J S retary, B and of D. ectors PAGE 9 OF 9 PAGES AGENDA ITEM NO. 7.A CITY COUNCIL AGENDA October 1, 2024 ITEM/SUBJECT: Resolution authorizing the change of the Authorizing Official from the City Manager (Darron Leiker) to the Chief Financial Officer/Director of Finance (Stephen Calvert) on all existing active grants through the Office of the Governor, Public Safety Office. INITIATING DEPT: Police Department STRATEGIC GOAL: Actively Engage and Inform the Public STRATEGIC OBJECTIVE: Practice Effective Governance COMMENTARY: The City of Wichita Falls is currently active in these following grants with the State of Texas using the eGrants website. The current grants have the City Manager (Darron Leiker) as the Authorizing Official and in his departure a new Authorizing Official needs to be named. We are requesting the new Authorizing Official to be changed to Chief Financial Officer (Stephen Calvert) on the following active grants. Grant #5001901 (Project Burnside", Grant #4466201 "LPR Equipment Acquisition Project", Grant #4727401 "Homeland Security Training" and Grant #4738901 "Officer Training Events". ® Police Chief ASSOCIATED INFORMATION: Resolution ® Budget Office Review ® City Attorney Review ® Acting City Manager Approval PAGE 1 OF 2 PAGES AGENDA ITEM NO. 7.B Resolution No. Resolution authorizing the change of the Authorizing Official from the City Manager (Darron Leiker) to the Chief Financial Officer/Director of Finance (Stephen Calvert) on all existing active grants through the Office of the Governor, Public Safety Office WHEREAS, the Wichita Falls City Council finds it in the best interest of the citizens of Wichita Falls, that the City of Wichita Falls continue to be complying and in good standards with the Office of the Governor, Public Safety Office by naming a new Authorizing Official; and, WHEREAS, the Wichita Falls City Council agrees that in the event of loss or misuse of funding from any active grant, the Wichita Falls City Council assures that the funds will be returned to each grant project in full; and WHEREAS, the Wichita Falls City Council designated Stephen Calvert, Chief Financial Officer, as the grantee's Authorized Official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Staff is authorized to change the "authorizing official" from the City Manager, Darron Leiker, to the Chief Financial Officer/Director of Finance, Stephen Calvert, on all existing active grants through the Office of the Governor, Public Safety Office. PASSED AND APPROVED this the 1st day of October, 2024. MAYOR ATTEST: City Clerk PAGE 2 OF 2 PAGES AGENDA ITEM NO. 7.B CITY COUNCIL AGENDA October 1, 2024 ITEM/SUBJECT: Resolution authorizing City staff to accept and approve applications for placement of memorial markers in City right-of-way (ROW). INITIATING DEPT: Development Services STRATEGIC GOAL: Actively Engage and Inform the Public STRATEGIC OBJECTIVE: Practice Effective Governance/Improve the City's Reputation COMMENTARY: The following Resolution authorizes City staff to accept and approve applications for placement of memorial markers in City right-of-way. Recently, staff has received requests from the public to provide a process to allow for these private memorial markers for victims of traffic fatalities. Non-City related structures/items are not currently allowed in the City right-of-way. Staff researched applications from Texas cities that currently have a process for placement of these markers (Houston, Austin, El Paso) and the standards and application process from the Texas Department of Transportation (TxDOT). The standards included in the attached DRAFT application and standards are largely based on TxDOT standards. After initial application and approval of the monument, monuments can be renewed on an annual basis via a request in writing (i.e. email). An appeal process is also included in the event that extenuating circumstances or other factors may not allow for compliance with the established standards and guidelines. The attached application and standards were presented to Council as part of a staff update at the September 17th meeting. ® Development Services Director ® Director of Public Works ® Director of Transportation and Aviation ASSOCIATED INFORMATION: Resolution ; DRAFT Application and Standards ® Budget Office Review ® City Attorney Review ® Acting City Manager Approval PAGE 1 OF 10 PAGES AGENDA ITEM NO. 7.0 Resolution No. Resolution authorizing City staff to accept and approve applications for placement of memorial markers in City right-of-way (ROW) WHEREAS, the City Council of Wichita Falls desires to allow memorial markers for victims of traffic fatalities in City right-of-way (ROW); and, WHEREAS, the City Council recognizes that memorial markers may help grieving families and friends to better cope with the loss of ones and raise awareness of safe driving; and, WHEREAS, the City Council wishes to develop a process by which these markers can be installed, while still providing safety and non-hindrance of City operations/ maintenance of public infrastructure and amenities that may be needed in the ROW. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: City staff is authorized to accept and approve applications to allow for memorial markers in the City ROW and set-forth design guidelines and installation standards by which those markers can be authorized for placement. PASSED AND APPROVED this the 1st day of October, 2024. MAYOR ATTEST: City Clerk PAGE 2 OF 10 PAGES AGENDA ITEM NO. 7.0 a FXA5 Property Management Division 1300 7th Street,PO Box 1431 Wichita Falls, TX 76307 Application Requesting the Placement of a Memorial Marker in City Right-of-Way (ROW) Complete applications are reviewed by the Property Management Division to determine the eligibility of the requested memorial. The individual preparing the application shall sign the application and agree to the terms, conditions, and representations contained in the application. Name of Applicant: Primary Contact Secondary Contact Name: Name: Title: Title: Address: Address: Zip: Zip: Daytime Phone#: Daytime Phone#: Email: Email: Please include the following with your signed application: • A general map(or description)of the area of the proposed location • General description and/or design of proposed memorial marker City staff will contact you to schedule an on-site meeting at the proposed location to discuss and finalize the marker placement after the application is received. I agree to be the contact person for the above request. I understand and agree to adhere to all of the Application Obligations and Conditions listed on the back of this application. Signature of Applicant: Date: PAGE 3 OF 10 PAGES AGENDA ITEM NO. 7.0 Memorial Markers Within the Right-of-Way Guidelines The City of Wichita Falls may authorize the placement of a memorial marker for any traffic-related fatality. The owner agrees at its sole cost and expense to fabricate, install, and maintain the memorial to the City's requirements, subject to the supervision, direction, and control of the City. The owner shall comply with all city codes,rules,regulations, and other requirements and will obtain any and all necessary permits as part of the process of installation. Owners will be required to complete a formal application to the City of Wichita Falls and meet with designated City staff to determine the exact placement of the marker to ensure proper and safe placement. The owner will submit a preliminary design along with an application from City of Wichita Falls Property Management Division. The preliminary design shall include color, text, shape, and size of the memorial. The Property Management Division will provide comments and assist owner with City's standards and requirements for the design. Qualifications Markers are limited to traffic-related fatalities occurring on City roadways,unless an appeal from the Director is granted. The request to place a marker should be submitted by the victim's family or designee (with written permission from the victim's family). No more than one marker will be allowed per victim. Markers are approved on an annual basis. After initial approval via application, markers can annually be approved administratively via a written notification from the owner. Placement The marker should be located in such a way that it does not distract motorists. Overly ornate markers may tend to draw motorists' attention from the road, which could present a safety hazard. The marker should be located as near the right of way line as possible,preferably near a utility pole or at the edge of a non-mow area. A two-foot(2 ft.)buffer around the marker should be mowed/maintained by the victim's owner to allow for City staff to perform any maintenance required in the ROW.The marker may not be placed in medians that are less than 25' in width, unless approved via an appeal to the Director. The marker should not be located in front of developed property unless the adjacent property owner has given written permission to the owner. The owner shall make every effort possible to contact adjacent property owners. Markers should not be affixed to traffic control devices such as signs, signals, etc., or their supports. Owners will be required to complete a formal application to the City of Wichita Falls and meet with designated City staff to determine the exact placement of the marker to ensure proper and safe placement. Fabrication and Materials The markers may incorporate various types of symbols. The marker should be no more than 30 inches high and no wider than 18 inches. This height limitation will help prevent debris from hitting a windshield should a vehicle impact the marker. In addition, concrete footings are not allowed. The marker's components should be fabricated from wood no larger than a 2"x 4". Small plaques are allowed. The plaque may contain the victim's name, date of birth and date of death. The plaque MAY NOT state that the death was the result of intoxicated driving unless the request is accompanied by proof of a DWI CONVICTION. Photographs are not allowed. The photographs may encourage drivers to stop and view the victim's photo. Vehicles inappropriately parking on the roadside may PAGE 4 OF 10 PAGES AGENDA ITEM NO. 7.0 create a safety hazard. The marker is primarily intended to remind passing motorists of the dangers of unsafe driving. Hazardous or Non-Conforming Markers The placement of non-conforming markers should be discouraged. If a marker presents a potential safety hazard to the public or an operational problem, the marker should be removed immediately or relocated on the right of way. If a marker is placed within the right of way without approval and/or does not meet the criteria stated here, City staff will attempt to locate the marker's owner and encourage them to replace the marker with one that meets the standard requirements. If the marker is not made to meet the criteria as outlined, or if the owner cannot be contacted, the marker may be removed. Markers removed from the right of way will be kept 30 days before final disposal.Additional attempts will be made to determine the marker's owner prior to disposal. Removal of Markers If the memorial must be removed, as a result of a construction or other reasons, the City shall notify the owner at least 30 days in advance, to allow time for the owner to take possession of the memorial. The owner will be solely responsible for the removal and/or reinstallation of the memorial. If the memorial is not removed within 30 days of notification, the City will remove the memorial. In the event that emergency repair of infrastructure or other City maintenance is needed,the City reserves the right to forgo the 30-day notification requirement so as to facilitate any needed repairs. Staff will make a reasonable effort to limit damage to the memorial and notify the applicant as soon as practical of the removal and subsequent location of the memorial marker. Staff will coordinate with the owner for any reinstallation efforts following completion of repairs. The owner will be solely responsible for any reinstallation of the marker following emergency repairs. If markers are unmaintained by the owner for more than 30 days,the City reserves the right to remove the marker and/or dispose of any unmaintained materials. Prior to removal of any items, City staff will make every attempt to contact and work with the owner to allow time for maintenance to take place. If a marker is voluntarily removed by the owner, the owner should contact the City so records can be updated. PAGE 5 OF 10 PAGES AGENDA ITEM NO. 7.0 Sketch of Typical Marker The following sketch illustrates the size and construction limitations for right of way markers. Figure 1: Example of a conforming marker MEMORIAL MARKERS WITHIN THE RIGHT OF WAY Texas Department of Transportation January 2001 8» Plaque 3'/N": 18" 30" • 12" (maximum) Vertical and horizontal members may be only of 2" X 4" construction. The use of concrete footings is not permitted. Other symbols may also be allowed. All types of markers should conform to the height, width,below ground depth and member(2x4) limitations shown above. Appeals In the event an application is denied, an appeal can be made in writing to the Director of Development Services. Appeals may be granted based on a lack of conformance to the standards outlined due to site conditions or other extenuating circumstances that warrant consideration at the Director's discretion. All decisions of the Director shall be considered final. PAGE 6 OF 10 PAGES AGENDA ITEM NO. 7.0 I\JP"It ""I PIO FXAS Division de Gestion de Propiedades 1300 7th Street,PO Box 1431 Wichita Falls,TX 76307 Solicitud para la Colocacion de un Marcador Conmemorativo en la Via Publica (ROW) Las solicitudes completas son revisadas por la Division de Gestion de Propiedades para determinar la elegibilidad del conmemorativo solicitado. La persona que prepara la solicitud debera firmarla y aceptar los terminos, condiciones y declaraciones contenidas en la solicitud. Nombre del solicitante: Primario Contacto Secundario Contacto Nombre: Nombre: Titulo: Titulo: Direccion: Direccion: Codigo Postal: Codigo Postal: Telefono durante el dia: Telefono durante el dia: Correo Correo electronico: electronico: Por favor,incluya to siguiente con su solicitud firmada: • Un mapa general (o descripcion) del area de la ubicacion propuesta • Descripcion general y/o diseno del marcador conmemorativo propuesto El personal de la ciudad se comunicara con usted para programar una reunion en el lugar propuesto para discutir y finalizar la colocacion del marcador despues de recibir la solicitud. Acepto ser la persona de contacto para la solicitud mencionada anteriormente. Entiendo y acepto cumplir con todas las obligaciones y condiciones de solicitud enumeradas en el reverso de esta solicitud. Firma de Solicitante: Fecha: PAGE 7 OF 10 PAGES AGENDA ITEM NO. 7.0 Marcadores Conmemorativos Dentro de la Via Publica Directrices La Ciudad de Wichita Falls puede autorizar la colocacion de un marcador conmemorativo por cualquier fatalidad relacionada con el trafico. El propietario acepta, a su costo y gasto exclusivo, fabricar, instalar y mantener el conmemorativo de acuerdo con los requisitos de la Ciudad, sujeto a la supervision, direccion y control de la Ciudad. El propietario debera cumplir con todos los codigos, reglas, regulaciones y otros requisitos de la ciudad y obtendra todos los permisos necesarios como parte del proceso de instalacion. Se requerira que los propietarios completen una solicitud formal a la Ciudad de Wichita Falls y se reunan con el personal designado de la Ciudad para determinar la colocacion exacta del marcador y garantizar una colocacion adecuada y segura. El propietario presentara un diseno preliminar junto con una solicitud de la Division de Gestion de Propiedades de la Ciudad de Wichita Falls. El diseno preliminar debera incluir color, texto, forma y tamano del conmemorativo. La Division de Gestion de Propiedades proporcionara comentarios y asistira al propietario con los estandares y requisitos de la Ciudad para el diseno. Cualificaciones Los marcadores estan limitados a fatalidades relacionadas con el trafico que ocurren en las vias de la Ciudad, a menos que se otorgue una apelacion por parte del Director. La solicitud para colocar un marcador debe ser presentada por la familia de la victima o un designado (con permiso por escrito de la familia de la victima). No se permitira mas de un marcador por victima. Los marcadores son aprobados anualmente. Despues de la aprobacion inicial a traves de la solicitud, los marcadores pueden ser aprobados anualmente de forma administrativa mediante una notificacion escrita del propietario. Colocacion El marcador debe ubicarse de tal manera que no distraiga a los automovilistas. Los marcadores excesivamente ornamentales pueden desviar la atencion de los conductores de la carretera, lo que podria presentar un peligro de seguridad. El marcador debe ubicarse lo mas cerca posible de la linea de la via publica, preferiblemente cerca de un poste de servicios publicos o al borde de un area no cortada. Un area de dos pies (2 ft.) alrededor del marcador debe ser cortada/mantenida por el propietario de la victima para permitir que el personal de la Ciudad realice cualquier mantenimiento necesario en la via publica. El marcador no puede colocarse en medianas que tengan menos de 25 pies de ancho, a menos que se apruebe mediante una apelacion al Director. El marcador no debe ubicarse frente a propiedades desarrolladas a menos que el propietario de la propiedad adyacente haya dado permiso por escrito al propietario. El propietario debera hacer todo lo posible para contactar a los propietarios de propiedades adyacentes. Los marcadores no deben estar fijados a dispositivos de control de trafico, como senales, semaforos, etc., o a sus soportes. Los propietarios deberan completar una solicitud formal a la Ciudad de Wichita Falls y reunirse con el personal designado de la Ciudad para determinar la colocacion exacta del marcador y garantizar una colocacion adecuada y segura. Fabricacion y Materiales Los marcadores pueden incorporar varios tipos de simbolos. El marcador no debe tener mas de 30 pulgadas de altura y no mas de 18 pulgadas de ancho. Esta limitacion de altura ayudara a prevenir que los escombros golpeen un parabrisas si un vehiculo impacta el marcador. Ademas, no se permiten cimientos de concreto. Los componentes del marcador deben estar fabricados de madera no mas grande que un 2"x 4". Se permiten pequenas placas. La placa puede contener el nombre de la victima, la fecha de nacimiento y la fecha de fallecimiento. La placa NO PUEDE indicar que la muerte fue el resultado de conducir en estado de ebriedad, a menos que la solicitud este acompanada de prueba de una CONVICCION DE DWI. No se PAGE 8 OF 10 PAGES AGENDA ITEM NO. 7.0 permiten fotografias. Las fotografias pueden alentar a los conductores a detenerse y ver la foto de la victima. Los vehiculos estacionados inapropiadamente al costado de la carretera pueden crear un peligro de seguridad. El marcador esta destinado principalmente a recordar a los automovilistas que pasan sobre los peligros de conducir de manera insegura. Marcadores Peligrosos o No Conformes Se debe desalentar la colocacion de marcadores no conformes. Si un marcador presenta un potencial peligro de seguridad para el publico o un problema operativo, el marcador debera ser removido inmediatamente o reubicado en la via publica. Si un marcador se coloca dentro de la via publica sin aprobacion y/o no cumple con los criterios establecidos aqui, el personal de la Ciudad intentara localizar al propietario del marcador y alentarlo a reemplazarlo por uno que cumpla con los requisitos estandar. Si el marcador no se ajusta a los criterios establecidos o si no se puede contactar al propietario, el marcador puede ser retirado. Los marcadores retirados de la via publica se mantendran durante 30 dias antes de su disposicion final. Se haran intentos adicionales para determinar el propietario del marcador antes de la disposicion. Remocion de Marcadores Si el conmemorativo debe ser retirado, debido a construccion u otras razones, la Ciudad notificara al propietario con al menos 30 dias de anticipacion,para permitir tiempo al propietario para hacerse cargo del conmemorativo. El propietario sera el unico responsable de la remocion y/o reinstalacion del conmemorativo. Si el conmemorativo no es retirado dentro de los 30 dias posteriores a la notificacion, la Ciudad retirard el conmemorativo. En caso de que se necesiten reparaciones de emergencia en la infraestructura u otro mantenimiento de la Ciudad, la Ciudad se reserva el derecho de renunciar al requisito de notificacion de 30 dias para facilitar las reparaciones necesarias. El personal hard un esfuerzo razonable para limitar el dano al conmemorativo y notificara al solicitante tan pronto como sea practico sobre la remocion y posterior ubicacion del marcador conmemorativo. El personal coordinard con el propietario para cualquier esfuerzo de reinstalacion despues de completar las reparaciones. El propietario sera el unico responsable de cualquier reinstalacion del marcador despues de las reparaciones de emergencia. Si los marcadores no son mantenidos por el propietario durante mas de 30 dias, la Ciudad se reserva el derecho de retirar el marcador y/o disponer de cualquier material no mantenido. Antes de la remocion de cualquier elemento, el personal de la Ciudad hard todo to posible para contactar y trabajar con el propietario para permitir tiempo para que se realice el mantenimiento. Si un marcador es retirado voluntariamente por el propietario, el propietario debe contactar a la Ciudad para que los registros puedan ser actualizados. PAGE 9 OF 10 PAGES AGENDA ITEM NO. 7.0 Bosqueio de tipico Marcador El siguiente boceto ilustra las limitaciones de tamano y construccion para los marcadores de la via publica Figura 1 :Ejesnplo de a conforme marcador MEMORIAL MARKERS WITHIN THE RIGHT OF WAY Texas Department of Transportation January 2001 8» Plaque 3% I 18" 30" • 12" (maximum) Los miembros verticales y horizontales pueden ser solo de construccion de 2" x 4". No se permite el use de cimientos de concreto. Tambien se pueden permitir otros simbolos. Todos los tipos de marcadores deben cumplir con las limitaciones de altura, ancho, profundidad bajo tierra y miembro (2x4) mostradas arriba. Apelaciones En caso de que una solicitud sea denegada, se puede presentar una apelacion por escrito al Director de Servicios de Desarrollo. Las apelaciones pueden ser concedidas por falta de conformidad con los estandares establecidos debido a condiciones del sitio u otras circunstancias atenuantes que justifiquen consideracion a discrecion del Director. Todas las decisiones del Director se consideraran finales. PAGE 10 OF 10 PAGES AGENDA ITEM NO. 7.0 CITY COUNCIL AGENDA October 1, 2024 ITEM/SUBJECT: Resolution approving the programs and expenditures of the Wichita Falls Type B (4B) Sales Tax Corporation Board and amending the budget to include funding in an amount up to $500,000 to Sheppard Air Force Base (SAFB), and approving the programs and expenditures of the Wichita Falls Economic Development Corporation (4A) Board and amending the budget to include funding in an amount up to $500,000 to SAFB; both to support the strobe light repair project for the main runway at SAFB for a total of $1 ,000,000. INITIATING DEPT: City Manager's Office STRATEGIC GOAL: Accelerate Economic Growth STRATEGIC OBJECTIVE: Support a Thriving SAFB COMMENTARY: TEXAS LOCAL GOVERNMENT CODE § 501 .073(a) provides "The corporation's authorizing unit will approve all programs and expenditures of a corporation and annually review any financial statements of the corporation." Timeline • September 5, 2024 —WF Type B/4B Sales Tax Corporation Board approves up to $500,000 for the project, subject to WFEDC/4A, State, and grant funding awards; • September 19, 2024 — WFEDC/4A Board approves up to $500,000 for the project subject to State and grant funding awards; • October 1, 2024 — City Council to consider ratification of both 4A and 4B funding approvals ($1 .0M total). The attached letter describes the request to support a $3M piece of an overall $45M runway renovation project at SAFB. The lighting and control vault replacement project is a critical component of the Runway 15C/33C renovations. Existing equipment and circuit boards are obsolete and no longer manufactured. However, since this key ancillary portion of the project was originally identified in February 2023, the equipment and material costs have experienced a 427% increase, going from $702,000 to an estimated $3M. Additionally, widening of the main runway necessitates the removal and then replacement of the equipment. Ultimately, in order to fund the project to ensure installation timing aligns with the center runway project reducing downtime, multiple funding sources are being considered to address the significant gap: • $1 M - Defense Economic Adjustment Assistance Grant (DEAAG) program; o anticipate applying for state funding assistance; deadline October 11, 2024; PAGE 1 OF 7 PAGES AGENDA ITEM NO. 7.D • $1 M - Department of Defense (DOD)/International ENJJPT partners; • $500,000 — Type B/4B Sales Tax Corporation (approved, subject to Council ratification) • $500,000 —WFEDC/4A (approved, subject to Council ratification) Total: $3.0M The Chamber, SMAC, and representatives from Sheppard AFB will be at the meeting to answer any project related questions. ASSOCIATED INFORMATION: Resolution ® Budget Review ® City Attorney Review ® Acting City Manager Approval PAGE 2 OF 7 PAGES AGENDA ITEM NO. 7.D 900 8411 Strom[,Su to 100,Wichita Falb,TX 76301 0 940.7 23.2741 0, "rAlo),:1147 Fit. {Ha,MEEA OF COMMEICE wichutafallschambr=r_com Wichita Falls 4A Economic Development Corporation Attn: Mr.Leo Lane,President 1300 7th Street, PO. Box 1431 Wichita Falls,TX 76307 To the Wichita Falls 4A Economic Development Corporation: On behalf of the Wichita Falls Chamber of Commerce and the Sheppard Military Affairs Committee(SMAC)please accept this letter of support for the request for funding for Sheppard Air Force Base (SAFE)for the strobe light repair project for the main runway.This sequence of flashing lights(SFL)serves to delineate the runway and taxiway boundaries,as well as indicate various points of rercrcnce for pilots. Recently the Air Force awarded a$45M project to repair the inside and center runways at SAFE_ These improvements are critical for ongoing and future pilot training.This repair project will begin construction mid-2025, and repairing the airfield lighting during this construction project is the least disruptive to the Euro-NATO Joint Jet Pilot Training(ENJJPT) program. By aligning construction times,it would prevent the runway from being taken down again in the future and possibly reducing pilot training output.The repair of the strobe lighting is critical, due to the visual guidance the SFL provides for all landing categories(CAT I, CAT II, and CAT Illy The total project cost is estimated to be around$3M.At this time$1 M has been committed from the Department of Defense and NATO, $500k has been secured from the Wichita Falls 4B Sales Tax Corporation,and $1 M will be requested through a Defense Economic Adjustment Assistance Grant Program (DEAAG)_ We are requesting the Wichita Falls 4A Economic Development Corporation consider funding the remaining$500K needed. Not only does this project directly impact the efforts of Sheppard Air Force Base and its flying training mission, the international Euro-NATO Joint Jet Pilot Training (ENJJPT)Program, but it also offers safety benefits during low visibility and night arrivals for civilian aviation through the Wichita Falls Municipal Airport which utilizes Runway 17135 in addition to Air Force facilities under the long-standing Department of Defense lease agreement Sincerely, Ron Kitchens Glenn Barham Wichita Falls Chamber of Commerce Sheppard Military Affairs Committee President President PAGE 3 OF 7 PAGES AGENDA ITEM NO. 7.D co o• { {� .6 0,N o - C '� �'r x _ 3 w Z p 'k w ice, n' N c' _ N r a u� -- 2 w.W lPdi . ti0 �✓ u 1 d ti u l i,yj 6 a is ' 1 ,, ...1%1 0 C' fA�I. L1 el11, dw �y I 12 s F P 1 ,11:.,1,):,,,.:1.,... 1., '4*..4", , ,'.^' . L k v OAro >- ti p �d N . CAI ,�W ,L,.,, ,,,,7''°, 'i Ctoot W V V! 1I . ' L I'' ' ,:'''.',.:.,,',.,',„i,',,:,''',.:-,:ir,,,,,.'''.,,,„,,,'. w 4L4Argr 'rr't n s I c, (V .AF6 Pratas cf Existing SEgJe--'_e F ashi-:: L ghts ;:Strobe L ,hts; and par GIs PAGE 5 OF 7 PAGES AGENDA ITEM NO. 7.D Resolution No. Resolution approving the programs and expenditures of the Wichita Falls Type B (4B) Sales Tax Corporation Board and amending the budget to include funding in an amount up to $500,000 to Sheppard Air Force Base (SAFB), and approving the programs and expenditures of the Wichita Falls Economic Development Corporation (4A) Board and amending the budget to include funding in an amount up to $500,000 to SAFB; both to support the strobe light repair project for the main runway at SAFB for a total of$1,000,000 WHEREAS, Texas Local Gov't. Code § 501.073(a) provides "The corporation's authorizing unit will approve all programs and expenditures of a corporation and annually review any financial statements of the corporation;" and, WHEREAS, on September 5, 2024, the Wichita Falls Type B Sales Tax Corporation approved the project listed below and as stated in its agenda; and WHEREAS, on September 19, 2024, the Wichita Falls Economic Development Corporation approved the project listed below and as stated in its agenda NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1 . The Wichita Falls Type B Sales Tax Corporation's approval and funding of the following programs and expenditures, in a total amount not to exceed $500,000 as described below and in said corporation's agenda, is approved: $500,000 to SAFB to support the strobe light repair project for the main runway. 2. The Wichita Falls Economic Development Corporation's approval and funding of the following programs and expenditures, in a total amount not to exceed $500,000 as described below and in said corporation's agenda, is approved: $500,000 to SAFB to support the strobe light repair project for the main runway. 3. The current fiscal year budgets of the Type B Sales Tax Corporation and Economic Development Corporation is amended to provide for the aforementioned expenditures and changes thereto. PASSED AND APPROVED this the 1st day of October, 2024. PAGE 6 OF 7 PAGES AGENDA ITEM NO. 7.D MAYOR ATTEST: City Clerk PAGE 7 OF 7 PAGES AGENDA ITEM NO. 7.D CITY COUNCIL AGENDA October 1, 2024 ITEM/SUBJECT: Resolution authorizing the Acting City Manager to apply for a Defense Economic Adjustment Assistance Grant (DEAAG) for the Sheppard Air Force Base (SAFB) Runway 15C/33C Strobe Light/Control Panel Replacement Project. INITIATING DEPT: Development Services/Planning STRATEGIC GOAL: Accelerate Economic Growth STRATEGIC OBJECTIVE: Support a Thriving Sheppard Air Force Base COMMENTARY: City staff is requesting authorization to apply for a DEAAG for the purpose of assisting Sheppard Air Force Base to further protect both the military mission and value while benefiting the general public. DEAAG is an infrastructure program managed via the Governor's Office: Texas Military Preparedness Commission (TMPC) setup to assist defense communities with critical projects that increase military value or help grow the installation with new missions. In past years, grants awarded have ranged from $50,000 to $5M/project. • 2015 — Wichita Falls awarded a $1.75M DEAAG to acquire land abutting SAFB main gate and demolish derelict/security risk structures. • 2017-Wichita Falls awarded a $1 .5M DEAAG to assist with redesign of SAFB main gate entry plaza improving force protection and military missions. • 2023-2024 Biennium - Texas Legislature appropriated $30M in funds for the competitive DEAAG program; $15M remains for allocation by TMPC fall 2024 • May 29, 2024 — City Manager meets with SAFB leadership; authorizes city staff to begin coordination with SAFB for potential DEAAG project submission. • June 2024—Staff level coordination meetings among SAFB and Sheppard Military Affairs Committee (SMAC) regarding project details, funding, and potential eligibility/competitiveness for fall submission. • July 15, 2024 — Meeting with SAFB/City staff, SMAC and area TMPC Commissioner Darrell Coleman seeking input regarding tentative proposal and funding scenario; concerns regarding proposal competitiveness. Determination in order to be competitive statewide, consider seeking local funding assistance (Type A & B) combined with federal/NATO partner funding; critical to not request more than 50% DEAAG assistance. • Sept. 5, 2024 — Chamber/SMAC request Type B STC financial assistance; Board recommends $500,000 allocation pending DEAAG approval by TMPC. • Sept 19, 2024 — Chamber/SMAC request Type A (WFEDC) financial assistance; Board recommends $500,000 allocation pending DEAAG approval by TMPC. PAGE 1 OF 5 PAGES AGENDA ITEM NO. 7.E • Oct. 1, 2024 — Council considers authorizing approval to apply for DEAAG funds in support of SAFB military installation; also consider amending Type A WFEDC and Type B STC budgets in financial support for SAFB Runway Lighting project. • Oct. 11 , 2024 — TMPC deadline for competitive DEAAG applications. The lighting/control panel $3M project is a critical piece to a $43M center runway renovation. By aligning repair of airfield lighting during runway reconstruction slated for mid-2025, it is least disruptive to the Euro-NATO Joint Jet Pilot Training (ENJJPT) program thus helping maintain Sheppard's military mission while also preparing for the future transition to the T-7A aircraft. Existing lighting/control vault equipment and circuit boards situated at north/south ends of the runway (Exhibit A) are obsolete and no longer manufactured. Strobe lighting is vital due to the visual guidance the sequence of flashing lights provides for all landing categories, including inclement weather diversions for civilian aircraft. Initially, the lighting/control panel project was identified in early 2023 at a cost of $702,000 but equipment/materials experienced a 427% increase. Ultimately, in order to fund the project to ensure installation timing aligns with center runway renovation reducing military mission downtown, multiple funding sources/partnerships were considered to address the significant gap: • $1 M - Defense Economic Adjustment Assistance Grant (DEAAG) program (pending); • $1 M - Department of Defense (DOD)/International ENJJPT partners; • $500,000 —Type A/WFEDC (approved; pending Council ratification) • $500,000—Type B/4B Sales Tax Corporation (approved; pending Council ratification) Staff recommends City Council approve the attached resolution allowing application development and submittal for the 2024 Defense Economic Adjustment Assistance Grant in support of SAFB military missions. ® Principal Planner ® Director Development Services ASSOCIATED INFORMATION: Exhibit A — Project Location; Exhibit B — Project Photos - SAFB Runway Elements; Resolution ® Budget Office Review ® City Attorney Review ® Acting City Manager Approval PAGE 2 OF 5 PAGES AGENDA ITEM NO. 7.E CO Lu w • CD r' <cca z Li) 2 : q - . , 0 , .•?.. E ;=...13, co — • 0 i ,,.,L, a 1-1-1 0 ......., -.+F. 2 4-' 'ft ,''''',' ' • •.13 w - E' 0- 0 ,, 4. CV•-•- ,n sq. L aoefe, ,. 1 g. ( ,A ' ' 1::' '41'.'f 4* ; % LI - , 6 k .. ,.0:1 a) r•a: u_ •--. , a < s_ U) Cu .. ,. ' A ''' f" -. .41•‘,. ',41' I < _C) () 2 ..,.,' "', ,.... *6 • 1 ,....--• " ,,,,.. 0 .,-,--, o - / _1 Cl) , /4.-4„. ,' ' ,,,',. , et . r... . ,__AiLi I— -0 N'''',b I 1 V t; i • —) s— 6A,',. O < 1 ,,, 44 • , • 1 inill, _ Ct , , - . .,, • CO 't / LJ_ , . 'I id , ,. y H .— :/744„ ,,y '''.1..' 1 11 co o... //-...-tv ' _ ,- 1 x a) ,:''' u j = ,,,,' U) '. .„.: • ,.... litr . , tl.... _ ,t„,„. , ,:„.„. 1, I .. x nJ R i-.,- , , ., EXHIBIT B — PROJECT PHOTOS: RUNWAY 15C/33C ELEMENTS Photos of Existing Sequence Flashing Lights (Strobe Lights) and Outdated Control Panels PAGE 4 OF 5 PAGES AGENDA ITEM NO. 7.E Resolution No. Resolution authorizing the Acting City Manager to apply for a Defense Economic Adjustment Assistance Grant (DEAAG) for the Sheppard Air Force Base (SAFB) Runway 15C/33C Strobe Light/Control Panel Replacement Project WHEREAS, the City of Wichita Falls finds it is in the public's best interest to provide for continued airspace safety for Sheppard AFB military missions, the NATO partners, and the general public by ensuring compliance with federal military airfield lighting standards so the strobe lighting sequence of flashing lights (SFL) continues to provide visual guidance for all landing categories, military and civilian; WHEREAS, applying for Defense Economic Adjustment Assistance Grant (DEAAG) funds and coordinating the process among Sheppard AFB, Wichita Falls Chamber of Commerce, and Sheppard Military Affairs Committee (SMAC) will enable and assist in facilitating Sheppard AFB Runway 15C/33C Strobe Light/Control Panel Replacement Project timing to align with construction of a much larger $43M Runway 15C/33C renovation project thus reducing downtown in military pilot training; and WHEREAS, the City Council desires to authorize the Acting City Manager to submit an application to obtain funds from the Texas Military Preparedness Commission (TMPC), out of the Governor's Office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Acting City Manager is hereby authorized to execute all necessary documents for the City in order to apply for the 2024 Defense Economic Adjustment Assistance Grant, through the Governor's Office — TMPC, for funds up to $5 million related to the Sheppard AFB Runway 15C/33C Strobe Light/Control Panel Replacement Project helping ensure military aviation safety, maintaining the military mission, and protecting the general public as a whole. PASSED AND APPROVED this the 1st day of October, 2024. MAYOR ATTEST: City Clerk PAGE 5 OF 5 PAGES AGENDA ITEM NO. 7.E