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Min 11/05/2024 City of Wichita Falls f M7°s City Council Meeting 4/ .....� Minutes ,� �.` �r� M \-1111)1C. 4 517(5 November 5, 2024 9d ':OS " � TEXAS ',^ Rhteiskres Glades-Oipe-Iiwaires � . �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 Michael Smith - District 1 Larry Nelson - District 2 Jeff Browning - District 3 Mike Battaglino - District 4 Tom Taylor - District 5 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 Reverend David Zapata, DAV TX Chapter 41 , gave the invocation. Item 2b — Pledge of Allegiance Mayor Short led the Pledge of Allegiance. Item 3a — Employee of the Month — Annie Hasson, Finance 8:32 a.m. Mayor Short recognized Annie Hasson as Employee of the Month for November 2024 and shared a brief video. He congratulated Ms. Hasson and presented her with a plaque, letter of appreciation, dinner for two, and a check and thanked her for her service. Item 3b — Proclamation — Mindful Movements: A Call to Recognize Stress, Girl Scouts 8:34 a.m. Mayor Short read a proclamation proclaiming November 7, 2024, as Mindful Movements: A Call to Recognize Stress Day in Wichita Falls. Item 4 — Comments from Citizens 8:37 a.m. William Hodges, 4203 Rivercrest Dr., discussed safety and crime concerns at 4126 Rivercrest Dr. due to the deterioration of the property. Mike Mitchell, 1805 10th Street, discussed the Revitalization Block Party that will be held Saturday in Bridwell Park and invited everyone to attend Item 5-7 — Consent Items 8:41 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 Mayor and City Council (a) October 15, 2024 Regular Meeting CITY COUNCIL MINUTES November 5, 2024 PAGE 2 OF 15 (b) October 28, 2024 Special Meeting Item 6a — Resolution 137-2024 Resolution authorizing the purchase of a Sewer Cleaner Truck for the Sewer Rehabilitation Division through the Houston-Galveston Area Council (H-GAC) Purchasing Cooperative from SanTex Truck Centers, LTD. in the amount of $389,999.00. Item 6b — Resolution 138-2024 Resolution authorizing the purchase of replacement 3/4 inch through 4 inch water meters and associated parts for the Distribution Division, from Thirkettle Corporation dba Aqua Metric Sales Company, in the amount of $147,532.48. Item 6c — Resolution 139-2024 Resolution authorizing the award of a sole-source purchase of four return activated sludge pumps for the River Road Resource Recovery Facility from Odessa Pumps and Equipment, Inc., in the amount of $361 ,668.00. Item 7 — Receive Minutes (a) Park Board, June 27, 2024 (b) WFEDC (4A), August 15, 2024 (c) Lake Wichita Revitalization Committee, September 10, 2024 (d) Planning & Zoning Commission, September 11 , 2024 (e) Central Wichita Falls Neighborhood Revitalization Committee, October 1 , 2024 Item 8a(i) — Public hearing to rezone Property ID 124584, #469495, & #123371 (227.25 Acres out of G.W. Scott Survey, Abst. 254)from Single Family-1 (SF-1)to Light Industrial (LI) zoning district; and amend the Land Use Plan from Low Density Residential to Light Industrial to allow for a data center warehouse and battery storage units. 8:43 a.m. Mayor Short opened the public hearing at 8:44 a.m. Terry Floyd, Director of Development Services, discussed the timeline for the request to rezone the 227.5 acre area on State Highway 287 from Single-Family-1 (SF-1) to Light CITY COUNCIL MINUTES November 5, 2024 PAGE 3 OF 15 Industrial (LI) and amend the Land Use Plan to allow the development of a multi-building industrial warehouse project that will include a data center and battery storage facility. The land is currently adjacent to other Light Industrial and Commercial property. Staff received protest notices from more than 20% of the adjacent property, and a 4/5 majority vote is required for approval. Councilor Smith asked if there would be an inordinate use of water and electricity, and Mr. Floyd said that technology has evolved where they use much less water and electricity than in the past, and it will be well within our capacity. Tyson Traw, Assistant Director of Public Works, stated that a 20" water line is available, sewer service is available on the South end, and this property is ready for development. Councilor Nelson asked about a portion of the property being in the flood plain, and Mr. Floyd stated it was a small portion that would not affect the development. Mark Calvano, Calvano Development, discussed the location for the proposed data center and battery storage project, the need for the data center to be located close to a substation, and the fact that this project will be located next to an Oncor substation. It will be a hyperscale data center with one tenant, such as Microsoft, Meta, Apple, Google, or Amazon. He provided pictures of example data centers, discussed the low traffic and high electricity usage, and stated that the battery storage would store excess electricity from the grid to be used when needed. Councilor Browning asked if the main entrance would be off 287, and Mr. Calvano said yes. Councilor Battaglino asked about the number of construction jobs and the project length. Mr. Calvano discussed the phased-out construction process and possible future growth. Councilor Taylor discussed the increased property tax base and potential growth that will result from the project. Ron Kitchens, CEO of the Wichita Falls Chamber of Commerce, said it would require around 2,000 construction workers and approximately $5 billion in investment, including equipment. He discussed the strategy, electricity availability, and economic impact of the project and expressed his appreciation to Councilor Whiteley for his support of economic development during his time on the Council. Matt McLemore, broker/agent for the property, read a letter from the property owners supporting the rezoning. Jack Brown, 2000 Margaret Dr., discussed an email he sent to the City Council urging the approval of this rezoning. CITY COUNCIL MINUTES November 5, 2024 PAGE 4 OF 15 Mayor Short closed the public hearing at 9:05 a.m. Item 8a(ii) — Ordinance 56-2024 9:05 a.m. Ordinance to rezone Property ID #124584, #469495, & #123371 (227.25 Acres out of G.W. Scott Survey, Abst. 254) from Single Family -1 (SF-1) to Light Industrial (LI) zoning district; and amend the Land Use Plan from Low Density Residential to Light Industrial to allow for a data center warehouse and battery storage units. Moved by Councilor Nelson to approve Ordinance 56-2024. The motion was seconded by Councilor Taylor and carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None Item 8b — Ordinance 57-2024 9:06 a.m. Ordinance amending the Fee Ordinance to allow for the water connection application deposit to be waived for active-duty military personnel. Moved by Councilor Nelson to approve Ordinance 57-2024. The motion was seconded by Councilor Battaglino. Beverly Ellis, 1605 Parkdale, asked if any other individuals would have waived deposits, such as senior citizens, veterans, etc., and asked about where the money was going. Stephen Calvert stated that the current deposit is $100, deposits are refunded to seniors with accounts with good status, and deposits are held to cover unpaid water bills when individuals move. Others may be considered later, but this is specifically for active duty military. The motion was carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley. CITY COUNCIL MINUTES November 5, 2024 PAGE 5 OF 15 Nays: None Item 8c — Ordinance 58-2024 9:10 a.m. Ordinance amending Chapter 14, Animals, in specific sections, and providing for codification. Moved by Councilor Nelson to approve Ordinance 58-2024. The motion was seconded by Councilor Browning. Amy Fagan, Director of Health, discussed the various areas where restrictions are being reduced for adoption, quarantine requirements, owner surrender requirements, and the addition of a responsible pet owner class. All proposed changes were approved unanimously by the Animal Shelter Advisory Board. The motion was carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None Item 8d — Ordinance 59-2024 9:19 a.m. Ordinance making an appropriation to the Special Revenue Fund for the Health Equity Program in the amount of $80,000; received from the Department of State Health Services; authorizing the City Manager to execute contract accepting same. Moved by Councilor Nelson to approve Ordinance 59-2024. 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 November 5, 2024 PAGE 6 OF 15 Item 8e — Ordinance 60-2024 9:21 a.m. Ordinance making an appropriation to the Special Revenue Fund for STD/HIV-DIS Prevention Services Program in the amount of $174,947; received from the Department of State Health Services; authorizing the City Manager to execute contract accepting same. Moved by Councilor Browning to approve Ordinance 60-2024. The motion was seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None Item 8f— Ordinance 61-2024 9:23 a.m. Ordinance amending Section 2-33 to Chapter 2, Article II, Division 1 , of the Wichita Falls Code of Ordinances to provide for the appointment of the Mayor Pro-Tem and providing an effective date. Moved by Councilor Nelson to approve Ordinance 61-2024. 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 8q — Ordinance 62-2024 9:25 a.m. Ordinance authorizing the City Manager to execute and grant an Easement and Right of Way to Oncor Electric Delivery Company, LLC consisting of 0.054 acres located in the Anna Cummings Survey, A-610 and the Cyrus Eakman Survey, A450 within the City of Wichita Falls, Wichita County, Texas. Moved by Councilor Nelson to approve Ordinance 62-2024. CITY COUNCIL MINUTES November 5, 2024 PAGE 7 OF 15 The motion was seconded by Councilor Battaglino. Mr. Floyd said that this easement is for the upcoming South Wenonah Blvd. project and provided an update on the project, which will include a WinCo Foods grocery store and the use of Tax Increment Financing District #2 funds. The motion was carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None Item 9a — Resolution 140-2024 9:33 a.m. Resolution authorizing the purchase of pipe rehabilitation services for the improvements to the Cypress 61 Plant Pipe Gallery from Insituform Technology, LLC, in the amount of $848,000.00. Moved by Councilor Browning to approve Resolution 140-2024. The motion was seconded by Councilor Nelson and carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None Item 9b— Resolution 141-2024 9:37 a.m. Resolution authorizing the purchase of one (1) Container Handler truck from Bruckner Truck Sales, Inc. in the amount of $143,452.18. Moved by Councilor Nelson to approve Resolution 141-2024. The motion was seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley. CITY COUNCIL MINUTES November 5, 2024 PAGE 8 OF 15 Nays: None Item 9c — Resolution 142-2024 9:39 a.m. Resolution authorizing the purchase of one (1) John Deere excavator for the Stormwater Fund through the Sourcewell Purchasing Cooperative from Yellowhouse Machinery Co. in the amount of $318,204.71 . Moved by Councilor Nelson to approve Resolution 142-2024. 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 9d — Resolution 143-2024 9:43 a.m. Resolution authorizing the purchase of twelve (12) 2025 Ford Utility Police Interceptors for the Wichita Falls Police Department and the Wichita Falls Fire Department through the BuyBoard Purchasing Cooperative from Rockdale Country Ford in the amount of $622,340.00. Moved by Councilor Nelson to approve Resolution 143-2024. The motion was seconded by Councilor Taylor and carried by the following vote: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None Item 9e — Resolution 144-2024 9:45 a.m. CITY COUNCIL MINUTES November 5, 2024 PAGE 9 OF 15 Resolution authorizing the City Manager to execute a contract for the purchase and installation of a totalAMH RFID System for the Wichita Falls Public Library to Tech Logic Corporation in the amount of $129,195. Moved by Councilor Nelson to approve Resolution 144-2024. The motion was seconded by Councilor Taylor and carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None Item 9f— Resolution 145-2024 9:48 a.m. Resolution authorizing the City of Wichita Falls to execute an interlocal agreement with the City of Burkburnett for the purchase of used Wichita Falls Police Department vehicles. Moved by Councilor Nelson to approve Resolution 145-2024. 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 9q — Resolution 146-2024 9:51 a.m. Resolution Accepting the Sale of Excess City Owned Property Consisting of a 0.344-acre tract of land out of William Anglin Survey, A-2, Wichita County, Texas located at 3601 Armstrong Drive in the Amount of $5,368.13. Moved by Councilor Browning to approve Resolution 146-2024. The motion was seconded by Councilor Smith. Pat Hoffman, Property Management Administrator, recommended passing on this bid and rebidding in the new year. There was a brief discussion regarding the need to remove/update the building. CITY COUNCIL MINUTES November 5, 2024 PAGE 10 OF 15 Mike Minter, 3400 Armstrong Dr., stated that this property is 1/3 acre and an acre of land sales for 10,000-15,000, and that is how he calculated his bid. He discussed boundary, approach, and drainage issues and his proposed plan to clean up and create a desert landscape look on the property. The motion was carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None Item 9h — Resolution 147-2024 10:03 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 to the City of Wichita Falls for the demolition of the existing structures on the 12.7+ acre tract of land otherwise known as 100 Central East Freeway. Moved by Councilor Nelson to approve Resolution 147-2024. The motion was seconded by Councilor Taylor. Paul Menzies thanked all City staff, the Council, and the Wichita Falls 4B Sales Tax Corporation for their work on this project. He discussed the project's history and stated that the 4B Corporation approved funding up to $381 ,000. Moved by Councilor Battaglino to amend the main motion to include an amount of up to $381 ,000 to the City of Wichita Falls for the demolition of the existing structures on the 12.7+ acre tract of land, otherwise known as 100 Central East Freeway. The motion to amend was seconded by Councilor Taylor and carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None The main motion, as amended, carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None CITY COUNCIL MINUTES November 5, 2024 PAGE 11OF15 Item 9i — Resolution 148-2024 10:08 a.m. Resolution awarding a contract to the low bidder, Midwest Wrecking Company of Texas, Inc., for the demolition of the existing structures on the 12.7+ acre tract of land otherwise known as 100 Central East Freeway, and authorizing the City Manager to execute all related documents. Moved by Councilor Nelson to approve Resolution 148-2024. The motion was seconded by Councilor Taylor. Moved by Councilor Battaglino to amend the main motion to amend the amount to up to $381 ,000. The motion to amend was seconded by Councilor Nelson. The motion to amend was carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None Hayden Hansen, 6907 Seymour Highway, asked where the demolition will be taken. Mr. Menzies stated that the steel and concrete would be repurposed, with the remaining going to the landfill. Mr. Hansen asked what would happen if the contractor could not complete the demolition and removal for that price, and staff said use the performance bond. The main motion, as amended, carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None Item 10a—Staff Reports— Update on the Wildfire Mitigation Project and Community Wildfire Protection Plan 10:14 a.m. CITY COUNCIL MINUTES November 5, 2024 PAGE 12 OF 15 Donald Hughes, Fire Chief, provided an update on the Wildfire Mitigation Plan, citizen input meeting, benefits, and possible significant additional grant funding for a Community Wildfire Protection Plan. Chief Hughes noted that the state will use our plan written by Assistant Fire Marshal Burchett as an example for the rest of the state, and expressed his appreciation to him for his work. Jared Burchett, Assistant Fire Marshal, discussed rising temperatures, increased vegetation for fuel, high temperatures, and increased fire risk over the past 20 years and stated that this is projected to double by 2036. Wildfires are among the top climate disaster events with significant economic costs. They can affect property values, local industry, tourism, and agriculture and greatly increase the workload of firefighters. The goal of the plan is to help assess wildfire risk, prioritize areas for fuel reduction, improve emergency preparedness and response, and provide a coordinated approach with local, state, and federal agencies for effective response. They have identified 37 mitigation areas, and the plan includes wildfire response education and mitigation with timelines. Although the rain has helped, there is still a high wildfire risk outlook for the next few months. Item 10b—Announcements concerning items of community interest from members of the City Council. No action will be taken or discussed. 10:24 a.m. Councilor Taylor thanked the City staff for their work on the Veteran's Day Parade, discussed wildfire mitigation concerns, thanked staff for their work on the mitigation plan, and stated that the grant is important to help supplement our budget costs. He congratulated Annie Hassen, Employee of the Month, and thanked supervisors for looking to promote within. He addressed the concerns on Rivercrest Drive, thanked the Code Enforcement staff for their work, and thanked the Parks Board for their work on the Master Plan that is nearing completion. Councilor Taylor congratulated Lindsay Lewis on the birth of her baby girl and thanked Amy Fagan for her work on the animal ordinance and collaboration with others. Councilor Whiteley thanked Russell and the contractor who completed the water line replacement on Lamar Street. It is election day, and he encouraged everyone to vote if they have not already. He also expressed his appreciation to Michael Smith and his wife Karen for his over a decade of service on the Council and stated that we need more citizens like them. Councilor Browning expressed his appreciation to Councilor Smith for his service and encouraged everyone to vote and make their voice heard. CITY COUNCIL MINUTES November 5, 2024 PAGE 13 OF 15 Councilor Battaglino thanked Councilor Smith for his over 15 years on council and lifetime of service to this community. He discussed various upcoming events in the next couple of weeks and encouraged community participation. November is Movember, an organization that focuses on men's health and is the reason for his mustache. He discussed the program Supportive Services for Veteran's Families, which can house homeless veterans for 6 months in an apartment at no charge through Catholic Charities of Fort Worth. We currently have 7 veterans in the program, and he encouraged more participation. Councilor Nelson encouraged participation in the Bridwell Block Party, discussed the Amtrak project, thanked Councilor Smith and Councilor Whiteley for their inspiration, and stated that individuals asking for City funding need to attend meetings. He encouraged everyone to vote. Mayor Short encouraged everyone to vote and recognized Councilor Smith for his dedication to our city and citizens as the longest-serving member of the Council. The growth we are experiencing now can be attributed to his previous work. He is always ready with a thoughtful invocation and is one of the nicest gentlemen he has had the privilege to know and work with. He is a deep thinker who does not talk much, but when he does, his words have weight. He loves his family and is passionate about education, the city, and pets. He is thoughtful and has a heart for service, and we hope he will continue to serve the City in other ways. May God continue to bless you; our City is better because of you. Councilor Smith stated that this is his last Council meeting, and he thanked everyone who has served with him over his 15 years of service. In the last 15 years, there has been much progress, and as he leaves, a new council will arrive. He feels this is just the beginning of growth for Wichita Falls and the surrounding area. It takes our City staff and involved citizens, and he expressed his appreciation to all of them. He discussed various challenges and accomplishments of the Council and staff. He thanked his wife Karen and said he could not have done it without her. He thanked everyone who has been involved with the Council and City staff during his years of service. Item 11 — Executive Sessions No executive session was held. Item 12 — Adjourn Mayor Short adjourned the meeting at 10:42 a.m. CITY COUNCIL MINUTES November 5, 2024 PAGE 14 OF 15 PASSED AND APPROVED this 19th day of November 2024. Tim Short, Mayor ATTEST: 47q Marie Balthrop, TRW, MMC City Clerk CITY COUNCIL MINUTES November 5, 2024 PAGE 15 OF 15