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Min 10/15/2024 City of Wichita Falls AWL Council Meeting ro .___ Minutes ,'`'� } . 517(5 October 15, 2024,IlC 14 TEXAS Ricreiskres Gla/des-Oipaftcrniyres 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 - Tom Taylor - Paul Menzies - Acting City Manager Kinley Hegglund - City Attorney Marie Balthrop - City Clerk Mayor Short called the meeting to order at 8:30 a.m. Item 2a — Invocation Pastor Craig Lile, Faith Baptist Church, gave the invocation. Item 2b — Pledge of Allegiance Mayor Short led the Pledge of Allegiance. Item 3a — Proclamation — Cancer Awareness Day, American Cancer Society 8:33 a.m. Mayor Short read a proclamation proclaiming October 12, 2024, as Cancer Awareness Day. Item 4 — Comments from Citizens 8:35 a.m. There were no comments from citizens. Item 5-7 — Consent Items 8:36 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 Smith and carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None Item 5 — Approval of Minutes of the October 1, 2024, Regular Meeting of the Mayor and City Council Item 6a — Resolution 126-2024 Resolution authorizing the purchase of a 2024 John Deere 310P Backhoe for the Street Department through the C&F Sourcewell Purchasing Cooperative from Yellowhouse Machinery Company in the amount of $150,973.32 for the Streets Division. Item 6b — Resolution 127-2024 Resolution authorizing the purchase of one (1) commercial front-end loader solid waste collection truck through the BuyBoard Purchasing Cooperative from Bond Equipment Company, Inc. in the amount of $414,289.00. Item 6c — Resolution 128-2024 CITY COUNCIL MINUTES October 15, 2024 PAGE 2 OF 9 Resolution authorizing the purchase of one (1) Automated Side Loader solid waste collection truck through the Houston-Galveston Area Council (H-GAC) Purchasing Cooperative from Bruckner Truck Sales, Inc. in the amount of $415,417.00. Item 7 — Receive Minutes (a) Public Safety Assessment Committee, August 8, 2024 (b) Central Wichita Falls Neighborhood Revitalization Committee, September 17, 2024 Item 8a — Ordinance 55-2024 8:37 a.m. Ordinance amending the code of ordinances Chapter 50, Article II, Section 34 to increase the number of Fire Captains from 15 to 16 for the purposes of adding a Deputy Fire Marshal position to assist with fire code enforcement and fire investigation. Moved by Councilor Nelson to approve Ordinance 55-2024. The motion was seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None Item 9a — Resolution 129-2024 8:39 a.m. Resolution establishing Wichita Falls as a Purple Heart Community in recognition of the service and sacrifice of our combat-wounded veterans. Moved by Councilor Browning to approve Resolution 129-2024. The motion was seconded by Councilor Battaglino. John Burrus, Director of Aviation, Traffic, and Transportation, recognized Sharon McCann, Patti Cook, and the Public Information Office team for their work on this project. He also recognized all veterans and Purple Heart recipients, introduced Ismael Sagredo, and read his Silver Star award citation. CITY COUNCIL MINUTES October 15, 2024 PAGE 3 OF 9 Ismael Sagredo, retired Marine Master Gunnery Sergeant, thanked the Council, staff, citizens, and all veterans for their service and read a statement explaining the purpose and criteria of the Purple Heart community designation and the purpose and history of the Purple Heart award. Mr. Segredo recognized Wichita Falls Purple Heart recipient Army 2nd Lieutenant Thomas Weldon Fowler, who passed away from wounds suffered on the battlefield in Italy at the age of 22. He is buried in Wichita Falls at Crestview cemetery, and American Legion Post 169 is named in his honor. Austin Cobb, 3603 Cedar Elm, Chair of the Lake Wichita Revitalization Committee, expressed his support of this resolution and discussed future plans to recognize Purple Heart recipients at the Veterans Memorial at Lake Wichita Park and to add a Thomas Fowler memorial. The motion carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None Item 9b— Resolution 130-2024 8:51 a.m. Resolution authorizing the Acting City Manager to execute all documents necessary to provide for paramedic training from Axon Education, LLC d/b/a Texas EMS School in the amount of $169,560.00. Moved by Councilor Nelson to approve Resolution 130-2024. The motion was seconded by Councilor Battaglino and carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None Item 9c — Resolution 131-2024 8:59 a.m. Resolution authorizing the City Manager or Authorizing Official to apply for non-matching Grant Funds from the Department of Justice (DOJ) FY 2024 Edward Byrne Memorial CITY COUNCIL MINUTES October 15, 2024 PAGE 4 OF 9 Justice Assistance Grant (JAG) Program in the amount of $34,017.00 with co-applicant, Wichita County Sheriff's Office. Moved by Councilor Nelson to approve Resolution 131-2024. The motion was seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None Item 9d — Resolution 132-2024 9:01 a.m. Resolution authorizing the purchase of two (2) Automated Side Loaders solid waste collection trucks through the BuyBoard Purchasing Cooperative from Bond Equipment Company, Inc. in the amount of $859,706.00. Moved by Councilor Nelson to approve Resolution 132-2024. The motion was seconded by Councilor Battaglino and carried by the following vote: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None Item 9e — Resolution 133-2024 9:04 a.m. Resolution authorizing the City Manager to execute a Professional Services Agreement to Biggs and Mathews Environmental, Inc. for engineering services for the City of Wichita Falls Landfill in the amount of $78,000.00. Moved by Councilor Nelson to approve Resolution 133-2024. The motion was seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None CITY COUNCIL MINUTES October 15, 2024 PAGE 5 OF 9 Item 9f— Resolution 134-2024 9:06 a.m. Resolution authorizing the purchase of one (1) HG6800TX Horizontal Grinder from Vermeer Equipment of Texas, LLC dba Vermeer Texas-Louisiana for $1,370,408.00 through the Sourcewell Purchasing Cooperative. To be used for the City Landfill. Moved by Councilor Browning to approve Resolution 134-2024. The motion was seconded by Councilor Battaglino and carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None Item 9g — Resolution 135-2024 9:08 a.m. Resolution authorizing the City Manager to execute all documents necessary for the purchase and installation of synthetic turf on the four (4) south fields at the Wichita Falls Sports Complex by Hellas Construction, Inc. in the amount of $3,687,380. Moved by Councilor Browning to approve Resolution 135-2024. The motion was seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None Item 10 — Discussion and possible direction to staff related to potential noise regulations downtown. 9:15 a.m. Kinley Hegglund, City Attorney, presented information regarding downtown festivals and concerts, which have resulted in noise complaints. He stated that this discussion allows all involved parties to discuss whether further regulation is needed, and the Legal CITY COUNCIL MINUTES October 15, 2024 PAGE 6 OF 9 department drafted an ordinance based on the City of Austin's regulations for outdoor noise. James McKechnie, Deputy City Attorney, gave a presentation on the proposed noise ordinance, which would regulate the noise levels at outdoor concerts and events in the greater downtown area. Mr. McKechnie discussed the proposed rules regarding the times, sound levels, permitting requirements, restrictions for permits near residential homes, exceptions to the rules, and fines for violating the ordinance. There was a brief discussion of examples of various decibel levels, outdoor events, the number of residential areas downtown, enforcement, equipment required for enforcement, punishment for violations, the number of complaints filed, and whether additional regulations are needed. Councilor Whiteley discussed complaints he has received from downtown residents and stated he did not think there was a problem, but there was a need for more specific parameters in the ordinance. Cathy Dodson, 3503 Glenwood Ave, discussed her concern regarding decibel limits, concerts held by the City at Bud Daniels Park, and concerns with how the City can regulate specific noises. Mr. McKechnie clarified that it was for all outdoor noise. Ron Kitchens, 5307 Waterford Drive, stated that this is one more fee for the business community that is already struggling. He discussed decibel levels at recent events being higher than the proposed level, and feels there is a failure to communicate, not a problem. He asked that the Chamber be allowed to form a committee of involved parties, both pro and con, and bring back a recommendation to the Council. He expressed concerns about Police involvement in civic activity, adding more burden on the department, more fees for businesses, and concerns with the proposed hours and decibel levels as they will deter future events downtown. Dusty Potter, Chair of Downtown Wichita Falls Development and board-certified hearing instrument specialist, discussed the different decibel levels, such as dbA and dbC, and stated the decibel type should be specified in the ordinance as there are twelve different types. He expressed his concern about 70 decibels being the highest level, as normal conversation is between 55-65 decibels. Mr. Potter said you cannot have a concert at 70 decibels, and he feels the proposed rules are a little aggressive and require more conversation and investigation. Dwayne Jackson, 919 Indiana, Wichita Theater, agreed with Mr. Kitchens that this should be referred to a committee of involved parties. He discussed the festivals and events that have moved from the Farmer's Market to behind the Wichita Theater, how this has affected the theater's attendees and performers, and issues with previous agreements with sound engineers and event organizers to regulate sound. He feels there is a need for an ordinance that ties everything together and addresses the location of stages and both high-end and low-end sounds. Two years ago, they had 343 households 40 miles CITY COUNCIL MINUTES October 15, 2024 PAGE 7 OF 9 outside of Wichita Falls purchasing tickets, which has increased to over 3500 households, and everyone deserves a theater experience that is not disrupted by outdoor noise. Valerie Rhodes, 1706 Avalon Place, discussed the lack of coordination for events and what could be done to help reduce the concerns while still supporting downtown events. She also discussed concerns with only regulating downtown noise when there are noise issues in other areas of town, and concerns with using police time to regulate noise. She suggested using Code Enforcement employees to enforce noise regulations. Bill Weske, owner of a downtown business, discussed concerns with food truck generator noise that affects his outside seating area. He agrees that a committee should be formed to discuss this, and asked that generator noise also be considered. The Mayor and Councilors discussed concerns about shutting down events, lost revenue resulting in possible legal actions, the importance of downtown events, the need for a stakeholder group to find a solution for all involved parties, and the need for better communication. Item 11- Announcements concerning items of community interest from members of the City Council. No action will be taken or discussed. 9:51 a.m. Councilor Taylor discussed the Veterans Day parade on November 2nd and encouraged everyone to participate. He thanked Chief Hughes for his work on wildfire mitigation and discussed the importance to the community. He also asked for information to help him understand what it costs the City to provide sanitation services each year. Councilor Whiteley encouraged citizens to participate in downtown events and said that they would be missing out if they did not. The Kelly Crush chili cookoff is on Saturday at P2 and proceeds fund scholarships provided by our firefighters. He expressed his appreciation for the Purple Heart Community designation and his gratitude and support for the EMS training. Councilor Browning discussed the upcoming elections and encouraged everyone to vote. Councilor Smith thanked everyone for attending, encouraged everyone to vote, and stated that early voting starts Monday, October 21 st Councilor Battaglino thanked everyone who attended his Town Hall meeting last night. He stated that the presentation for the Purple Heart community designation was the most moving thing the Council has done during the time he has served. He said on November 11 th at 5:30 p.m., there will be a memorial event and unveiling of the Veterans Park master CITY COUNCIL MINUTES October 15, 2024 PAGE 8 OF 9 plan at the Thomas Fowler American Legion Post 169, and he discussed various other upcoming community events. Councilor Nelson discussed Amtrak and the train museum, the need to include all Purple Heart veterans in town, and the importance of inclusiveness for all things. He encouraged everyone to vote and expressed his support for public safety. Councilor Battaglino discussed the plan for a Purple Heart monument to include all recipients in the community. Mayor Short stated that the City has received Opioid settlement funding and that $150,000 will be made available through an application process. All information can be found on the Health Department website. Applications must be received by 5:00 p.m. on October 31 st Item 12 — Memorial Auditorium Tour to meet at the City Council Chambers, Memorial Auditorium, 1300 Seventh Street. Mayor Short recessed the meeting at 10:01 to reconvene at Memorial Auditorium on the first floor. He stated that the live recording would end, the tour would be recorded and streamed on Facebook Live, and the entire meeting would be posted to the website. The meeting reconvened on the first floor of Memorial Auditorium for a building tour to see the renovation progress. Item 13 — Adjourn from 1st floor of Memorial Auditorium, 1300 Seventh Street. Mayor Short adjourned the meeting at 11 :05 a.m. PASSED AND APPROVED this 5th day of November 2024. Tim Short, Mayor ATTEST: ✓! � i EJG 11I.7 Marie Balthrop, TRW, MMC City Clerk CITY COUNCIL MINUTES October 15, 2024 PAGE 9 OF 9