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Min 02/04/2025 City of Wichita Falls City Council Meeting 4/ .....� Minutes Nj 4 15 \-1111)1C. 5TEXAS7( February 4, 2025 4 w91,1 Rime. res 46,ides-CiTaftcrtait 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 Austin Cobb - At-Large Whitney Flack - District 1 Robert Brooks - District 2 Jeff Browning - District 3 Mike Battaglino - District 4 Tom Taylor - District 5 James McKechnie - Interim City Manager Kinley Hegglund - City Attorney Marie Balthrop - City Clerk Mayor Short called the meeting to order at 8:32 a.m. Item 2a — Invocation Pastor Joe Cook, Grace Church, gave the invocation. Item 2b — Pledge of Allegiance Mayor Short led the Pledge of Allegiance. Item 3a — Employee of the Month — Armando Orozco, Resource Recovery Mayor Short recognized Armando Orozco as Employee of the Month for February 2025 and shared a brief video. He congratulated Mr. Orozco and presented him with a plaque, letter of appreciation, dinner for two, and a check and thanked him for his service. Item 3b — Proclamation — Black History Month, Wichita Falls Alliance for Arts and Culture Mayor Short read a proclamation proclaiming February as Black History Month. Item 3c— Proclamation — Meals on Wheels Month, Meals on Wheels Wichita County Mayor Short read a proclamation proclaiming March as Meals on Wheels Month. Item 3d — Proclamation — Teen Dating Violence, First Step of Wichita Falls, Inc. Mayor Short read a proclamation proclaiming February as Teen Dating Violence Awareness Month. Samantha McWinney recognized Kiawa Martinez as Advocate of the Year for the Texas Council on Family Violence. Mayor Short made a special presentation of a proclamation to Lorelei Mitchell, proclaiming January 23, 2025, as Lorelei Mitchell Eagle Scout Day. Item 3e — Proclamation — Youth Leadership Wichita Falls Mayor Short read a proclamation proclaiming February 4, 2025, as Youth Leadership in Wichita Falls, Texas Day. Item 4 — Comments from Citizens Ken Lambert, 1809 Eden Lane, discussed concerns about the health hazards of adding fluoride to the water. CITY COUNCIL MINUTES February 4, 2025 PAGE 2 OF 14 Karen Thompson, Wichita Falls, discussed concerns with drug cartels in Wichita Falls. Item 5-6 — Consent Items James McKechnie, Interim City Manager, gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Browning to approve the consent agenda. The motion was seconded by Councilor Battaglino and, with no comments or questions from the public, carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Brooks, Browning, Cobb, Flack, and Taylor. Nays: None Item 5 — Approval of the January 21, 2025 minutes of the Mayor and City Council Item 6 — Receive Minutes (a) Wichita Falls-Wichita County Public Health Board, January 12, 2024 (b) Wichita Falls — Wichita County Public Health Board, May 10, 2024 (c) Wichita Falls-Wichita County Public Health Board, July 12, 2024 (d) Central Wichita Falls Neighborhood Revitalization Committee, June 4, 2024 (e) Wichita Falls 4B Sales Tax Corporation (WF-4BSTC), September 5, 2024 (f) Wichita Falls Economic Development Corporation (WFEDC 4A), September 19, 2024 (g) Central Wichita Falls Neighborhood Revitalization Committee, October 8, 2024 (h) Wichita Falls MPO — Technical Advisory Committee, October 10, 2024 (i) Wichita Falls 4B Sales Tax Corporation (WF-4BSTC), November 4, 2024 CITY COUNCIL MINUTES February 4, 2025 PAGE 3 OF 14 (j) Wichita Falls Economic Development Corporation (WFEDC 4A), November 21, 2024 (k) Lake Wichita Revitalization Committee, December 10, 2024 (I) Central Wichita Falls Neighborhood Revitalization Committee, January 7, 2025 Item 7a(i) — Public hearing on an ordinance to rezone 1446 Trout Street (.75 acres out of Block 10, A-296 -J) from Single Family -2 (SF-2) to Residential Mixed Use (RMU) zoning district and amend the Land Use Plan from Low Density Residential to High Density Residential to allow for development of a self-storage facility Mayor Short opened the public hearing at 9:00 a.m. Terry Floyd, Director of Development Services, discussed the timeline of the proposed rezone at 1446 Trout Street from SF-2 to RMU to allow for additional tenant amenities for the Lions Court Apartments and the addition of a 4,450 sf self-storage facility, separate and independent of the complex. The Planning and Zoning Commission approved this at their January meeting. Councilor Browning asked if anyone in the area had objections to the rezoning, and Mr. Floyd said they did not receive any protests from the notices mailed to residents in the surrounding area. Jessie Lanier, 1451 Trout, expressed concerns regarding traffic issues at the apartment complex, the increase in traffic with the addition of the storage facility, and possible crime associated with the storage being located in front of the property, which is close to her home. She is against having the storage area in the front and asked that it be moved to the back. Councilor Browning discussed the current building code, which requires a fence and parking. He feels that the entrance should be in the back for its intended purpose. Kurt Keck, Lions Court Apartments, said they purchased the additional property to add additional amenities for the residents. Sixty percent of the storage will be for the apartment complex owners, and the rest will be for residents. Initially, it will not be advertised to the public, but they wanted it to be zoned properly should public use be allowed in the future. There will be two entrances to the storage area, one from Trout Street and one on the other side of the property, and the facility will be offset and fenced. CITY COUNCIL MINUTES February 4, 2025 PAGE 4 OF 14 Councilor Brooks asked what would be done to make the residents around the area feel more secure about criminal activity. Mr. Keck said they have had no issues in the community, have made extensive improvements to the property, and the crime rate has reduced since they fenced it and made it a gated community. Councilor Flack clarified that the new storage facility will be absorbed into the current property and will have only new on-site amenities, and Mr. Keck agreed. Councilor Brooks asked again about how the area would be secured to protect surrounding residents from crime. Mr. Keck stated that residents are heavily vetted before they are allowed to move in, and the storage area will have a fence and alarm. Chief Borrego discussed the reduction of crime in the area since it changed to Lions Court. They do make calls there, but it is not a problem area. He stated that storage buildings do occasionally get broken into, but typically the surrounding houses are not targeted. Beverly Ellis, 1605 Parkdale, said the problem is not the crime rate but the creation of more traffic on the Trout and Thompson Street side and asked if the storage could be moved to the back of the property behind their current office location for easier access to the apartment residents. She asked about the notification process and stated Ms. Lanier only received notification last week. Councilor Flack asked if this item was just the zoning to allow for the expansion, and Mr. Floyd said that was correct. Mr. Floyd stated that residents were notified per state law, and the issues discussed will be considered during the site review. Mayor Short closed the public hearing at 9:23 a.m. Item 7a(ii) — Ordinance 06-2025 Ordinance to rezone 1446 Trout Street (.75 acres out of Block 10, A-296 -J) from Single Family-2 (SF-2)to Residential Mixed Use (RMU)zoning district and amend the Land Use Plan from Low Density Residential to High Density Residential to allow for development of a self-storage facility. Moved by Councilor Battaglino to approve Ordinance 06-2025. The motion was seconded by Councilor Taylor and, with no comments or questions from the public, carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Brooks, Browning, Cobb, Flack, and Taylor. CITY COUNCIL MINUTES February 4, 2025 PAGE 5 OF 14 Nays: None Item 7b — Ordinance 07-2025 Ordinance of the City of Wichita Falls, Texas, amending the Code of Ordinances by amending Chapter 2 Administration, Article VII Public Records, Division 3 Records Management, and providing for severability. Moved by Councilor Battaglino to approve Ordinance 07-2025. The motion was seconded by Councilor Browning and, with no comments or questions from the public, carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Brooks, Browning, Cobb, Flack, and Taylor. Nays: None Item 7c — Ordinance 08-2025 Ordinance making an appropriation to the Special Revenue Fund in the amount of $10,000.00 for grant funding from the Dallas Internet Crimes Against Children Task Force, which is administered by the City of Dallas Reimbursement Program. Moved by Councilor Battaglino to approve Ordinance 08-2025. The motion was seconded by Councilor Browning and, with no comments or questions from the public, carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Brooks, Browning, Cobb, Flack, and Taylor. Nays: None Item 7d — Ordinance 09-2025 Ordinance accepting $175,205 for the Public Transportation Division from the Federal Transit Administration for FY 2024 Section 5339 Bus and Bus Facilities Formula Grants. Moved by Councilor Battaglino to approve Ordinance 09-2025. CITY COUNCIL MINUTES February 4, 2025 PAGE 6 OF 14 The motion was seconded by Councilor Taylor. Valerie Rhodes, 1701 Avalon Place, expressed concerns about the bus shelter at East Linwood not being rebuilt after the pad was replaced, requested that shelters always face the East, and discussed the possibility of changing the shape to make them more user- friendly. The motion carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Brooks, Browning, Cobb, Flack, and Taylor. Nays: None Item 7e — Ordinance 10-2025 Ordinance appropriating $2,023,546 in Federal Transit Administration funds and $416,133 in State Funds for the FY 2024 Section 5307 Transit System and authorizing the City Manager to execute all necessary funding agreements related hereto. Moved by Councilor Battaglino to approve Ordinance 10-2025. The motion was seconded by Councilor Taylor and, with no comments or questions from the public, carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Brooks, Browning, Cobb, Flack, and Taylor. Nays: None Item 8a — Resolution 11-2025 Resolution authorizing the City Manager to execute a professional services agreement with Denton Navarro Rodriguez Bernal Santee & Zech, P.C., for legal services related to 2025 collective bargaining with the Wichita Falls Professional Fire Fighters Association. Moved by Councilor Battaglino to approve Resolution 11-2025. The motion was seconded by Councilor Taylor and, with no comments or questions from the public, carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Brooks, Browning, Cobb, Flack, and Taylor. CITY COUNCIL MINUTES February 4, 2025 PAGE 7 OF 14 Nays: None Item 8b — Resolution 12-2025 Resolution authorizing the City Manager to award bid and contract for the 2025 Transfer Station Wall Repairs Project to First Construction LLC in the amount of $192,397.34. Moved by Councilor Battaglino to approve Resolution 12-2025. The motion was seconded by Councilor Taylor and, with no comments or questions from the public, carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Brooks, Browning, Cobb, Flack, and Taylor. Nays: None The City Council adjourned into Executive Session at 9:41 a.m. in accordance with Texas Government Code §551 .071 . Mayor Short reconvened the meeting in open session at 10:57 a.m. and announced that no votes or polls were taken. Item 8c — Resolution 13-2025 Resolution authorizing the City Manager to Execute a Professional Services Agreement (PSA) with Freese and Nichols Inc. (FNI) for the Development of the Section 404 Application for Lake Ringgold in the amount of up to $3,053,000.00. Moved by Councilor Battaglino to approve Resolution 13-2025. The motion was seconded by Councilor Cobb. Russell Schreiber, Director of Public Works, provided an update on the Lake Ringgold project, outlining its history and timeline. He emphasized that the next step is the 404 permit application and that further delays will increase costs. The funding approved today will be paid as work is completed, and the contract can be stopped at any point, and the application process takes two years, followed by two years of review. CITY COUNCIL MINUTES February 4, 2025 PAGE 8 OF 14 Councilor Battaglino highlighted the drought's impact on Sheppard Air Force Base (SAFB), which accounts for approximately 35% of our economy, and the possibility of losing missions if we cannot provide adequate water. Mr. Schreiber stressed the importance of securing a long-term water supply for SAFB, not only for Wichita Falls but the entire North Texas region. Mayor Short stated that we are the regional water supplier for fifteen other entities and have looked at twenty-two other options for a long-term water supply. Mr. Schreiber stated the Lake Ringgold area was identified in 1950 and is the only viable freshwater reservoir site in this region. Shane Cody, a resident of Henrietta, spoke in opposition and requested that the Council not execute the PSA and wait for clarity on Senator Charles Perry's plan to meet the water supply needs in North Texas, which will be revealed in mid-March. He discussed HB 2114, which proposes that engineering firms that help to identify a project cannot be the firm to build the project, and how this could affect the project. He also discussed the high cost and asked when taxpayers would get to vote on this project. Lyle Horwood, Henrietta, spoke in opposition and asked how this would affect the tax base, given the large amount of land that would be removed. He asked that the City hold off on this application until we hear what the State Legislature has to say. Debra Clark, East of Henrietta, whose ranch sits in the footprint of the proposed lake, spoke in opposition. She discussed how the state is focusing on water, and it is a top priority for Governor Abbott. Senator Perry, Chair of the Water, Agriculture, and Rural Affairs Committee, has studied and developed a water plan that aims to meet state needs with less environmental impact. She discussed Senator Perry's concerns about the challenges of using eminent domain for reservoirs and his plan to use pipelines, which he will unveil in the next few months. Given that this project has been in progress since the 1950s, an additional three months is not a significant amount of time to wait. The twenty- two options previously considered are outdated and have not been updated, and new technologies have provided more options and lower costs. She discussed the contested case hearing and the recommendation to deny this reservoir and asked the Council to table this item and wait to see if there is a viable option that is less expensive. Valerie Rhodes, 1706 Avalon, discussed the new industry coming to our city that will increase the population, and they will need water. She asked that the environmental side be considered but thinks we should move forward now. Stephen Santellana, 1905 Lake Bend, discussed Council responsibilities, what the project means to the citizens and other water users, and how moving forward is the only viable solution. The state may be proposing a solution, but the pipeline will require purchasing land and could take years to complete. Future Councils will have difficult decisions if the state doesn't step up to share regional water. He discussed the vision Russell had to CITY COUNCIL MINUTES February 4, 2025 PAGE 9 OF 14 begin earmarking funds to help pay for the steps being taken. Rather than talking about eminent domain and taking of land, he suggested discussing purchasing land. Every state highway requires purchasing land, and other lakes like Kickapoo and Arrowhead have been built in the same way. We are not that far removed from the drought of record and how that affected the community. The vote today should be an easy decision, as tabling this is just kicking the can down the road. This is the only viable solution, and we should press forward with this long-term regional water solution, as our region depends on it. Steve Garner, 2806 S. Shepherds Glenn, said we are ten years out of the drought of record, and he discussed the amount of rain over the years prior to the drought and how we are behind the average annual rainfall amount every year. During the drought, we could have lost SAFB, which affects Wichita Falls and the surrounding areas. Had Sheppard moved their mission, we would probably never have gotten that mission back. He urged the Council to move forward as the quicker it gets done, the less it will cost and the more water security our combined communities will have going forward. This is the most viable project, and this is the next step in the process. He asked the Council to vote yes on this process, which is already funded. Ron Kitchens, Wichita Falls, discussed how he hears others saying Austin is going to fix this problem. They were supposed to fix school funding, and 10 years later, it isn't fixed, so he does not believe Austin will fix the water issue either. He asked us to envision a statewide Water Board, like California, and how communities there must feel about water not being available during the fire due to water rights, and how it took a federal order to make the water board do the right thing. We are in an important place, but we are on our own, as we are not in the metroplex, panhandle, or Interstate 35 areas. If there is a state- wide water board, our representation versus those areas will not be equal. We have one State Representative and one Senator for each half of the city, while the metroplex area has dozens. Our future depends on moving forward. No community thrives standing in the middle of the road, and if we want to be victors, not victims, we have to own our future. No one in Austin is worried about water in Wichita Falls, and our local officials will best represent our community. Glen Barham, 900 8th Street, President/CEO of the Sheppard Military Affairs Committee (SMAC), and former Mayor during the drought of record, discussed how it took 2 1/2 years of fighting the Texas Commission on Environmental Quality for the water reuse program to be approved and if we had not received that approval to have a viable water source, we would have lost missions from SAFB. He also serves as the chair of the Water Resources Commission, which approves the Lake Ringgold project, and SMAC supports it. SAFB was ready to move missions at a moment's notice if we had not fixed the water issue during the drought, and we would not have gotten those missions back. We need to move forward, continue our efforts, and be prepared as opposed to having to rush to get caught up. SAFB is closer to 40% of our economy and is vital to our region. Senator Perry is introducing legislation that may or may not provide solutions to our problem, and he has also stated Wichita Falls needed to move forward with the Lake Ringgold project. Mr. Barham asked the Council to approve the Resolution. CITY COUNCIL MINUTES February 4, 2025 PAGE 10 OF 14 Kerry Maroney, President of Biggs and Mathews, provided a history of the regional water planning group beginning in 1997 when Senate Bill 1 created a grassroots regional water plan, which divided the state into sixteen regions to implement a plan for the future water supply. Wichita Falls is in Region B, which covers eleven counties. In 1998, Biggs and Mathews, Freese and Nichols, and Alan Plummer and Associates were selected to assist with the first regional water plan and have been part of every regional plan since. It has always been in the plan to develop Lake Ringgold, and the plan has been updated every 5 years and continues to include this project. Seventy percent of municipal water demand in Region B is provided by Wichita Falls. Lake Ringgold has been designated as a unique reservoir site and is recognized in the 2007 State Water Plan, which provided protection for this area for future development. Studies over the last sixty years show that Lake Ringgold is the only remaining viable reservoir site in Region B. He encouraged the council to move forward with the PSA and development of Lake Ringgold. Councilor Cobb thanked everyone for their input. He supported Lake Ringgold during his campaign and still does. We have to take care of ourselves, and the contract can be stopped at any point if needed. This is the best option at this point and we have to continue to move forward. Councilor Taylor has been in favor of this proposal, and today's comments solidified it. We are on the cusp of tremendous growth, and water is necessary for growth. Let's move forward. Mayor Short thanked everyone for attending. No one knows what the future holds, and delays got us here sixty years later. We have to move forward for water security. Lakes work every time, water is our new currency, and this is our opportunity to move forward. The motion was carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Brooks, Browning, Cobb, Flack, and Taylor. Nays: None Item 8d — Resolution 14-2025 Resolution authorizing the City Manager or his designee to make an application for a grant from the Office of the Governor, Criminal Justice Assistance Grant Program FY' 2026, in the amount up to $93,000.00. Moved by Councilor Battaglino to approve Resolution 14-2025. CITY COUNCIL MINUTES February 4, 2025 PAGE 11OF14 The motion was seconded by Councilor Cobb and, with no comments or questions from the public, carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Brooks, Browning, Cobb, Flack, and Taylor. Nays: None Item 8e — Resolution 15-2025 Resolution authorizing the City Manager or his designee to make an application for a grant from the Office of the Governor, State Homeland Security Program, Law Enforcement Terrorism Prevention Activities (SHSP-LETPA), FY' 2026, in the amount up to $40,000.00. Moved by Councilor Battaglino to approve Resolution 15-2025. The motion was seconded by Councilor Cobb and, with no comments or questions from the public, carried by the following vote: Ayes: Mayor Short, Councilors Battaglino, Brooks, Browning, Cobb, Flack, and Taylor. Nays: None Item 9a — Discussion on Sidewalk Infrastructure and Policy Paul Menzies, Assistant City Manager, stated that Councilor Taylor and Planning and Zoning Commission member Jack Browne asked to discuss our current sidewalk infrastructure, gaps, and solutions to fill those gaps. The general rule is that sidewalks are installed by the developer and development is put in. The city has never installed or maintained sidewalks, nor do we budget for that. Terry Floyd, Director of Development Services, gave a presentation regarding the Code of Ordinance section dealing with sidewalk construction and maintenance. He discussed how existing sidewalks could be damaged during construction, how the Texas Department of Transportation could also be involved when state right-of-way is used, and discussed new development on Southwest Parkway and Hwy 277 and how the sidewalk was built by the developer to connect to the existing sidewalk. He discussed a gap in the sidewalk along Lenore Lane, how the land in the gap is owned by Union Pacific Railroad, and discussed barriers that often make sidewalk connections impractical. CITY COUNCIL MINUTES February 4, 2025 PAGE 12 OF 14 Jack Browne, 2000 Margaret Drive, lives across from the 10-foot sidewalk gap in the railroad area. He says the city owns the right-of-way, and it has a water line going to SAFB, and kids end up walking in the street due to this 10-foot sidewalk gap. Mr. Browne discussed how he lost weight walking, various gaps in sidewalks he has found, and other citizens who have expressed concerns. He discussed grants available for schools to build sidewalks and the two variances in the current ordinance that can be granted to developers. He understands there is no current funding, but we need a plan that moves us toward doing a better job. He asked that the council consider solutions moving forward. Council briefly discussed other possible solutions and grants, replacing current curbs with ADA ramps when water line repairs are made, the lack of sidewalks in Eastside, safety issues, and possible future funding. Mr. McKechnie discussed exploring the current variances to see if changes are needed, discussing this issue in the upcoming budget, and researching grant opportunities. Item 9b — Announcements concerning items of community interest from members of the City Council. No action will be taken or discussed. Councilor Cobb will participate in Principal for the Day next week as principal at Franklin Elementary. He appreciates everyone who attended today and the community participation. Councilor Brooks thanked everyone who assisted with the cleanup on Pine Street. He read a list of volunteers who helped and thanked the Serve Team from City Hope Church for their assistance. He hears a lot of complaints from District 2 residents, and he discussed the history of his district and how he intends to keep working to fix issues in District 2. Councilor Flack thanked Councilor Brooks and said she loves hearing about Wichita Falls coming together and causing a ripple effect and for his passion for his district. Stay healthy. Councilor Browning congratulated Councilor Brooks for the successful cleanup. Councilor Taylor thanked Councilor Brooks. He said he felt sad driving over to Pine Street, and it broke his heart to see how some people in our city have to live. He discussed the need for wildfire mitigation and the need to continue to work toward helping others. Councilor Battaglino discussed various upcoming events over the next two weeks. He will participate in Principal for the Day on the 12th at Memorial High School, and next Friday, he and his wife will participate in Dancing with the Stars, which benefits Big Brothers and CITY COUNCIL MINUTES February 4, 2025 PAGE 13 OF 14 Big Sisters. He encouraged donations for that event and encouraged everyone to get a bingo card from Downtown Wichita Falls Development and support local businesses. Mayor Short thanked Councilor Brooks and other individuals who participated in the cleanup. Four roll-offs were filled by 9:00. He thanked Hayden Hansen for bringing additional dumpsters and for making six trips to the dump. It was a great event, and he loves this city and appreciates everyone showing up. Item 10 — Executive Sessions City Council adjourned into Executive Session at 12:33 pm. in accordance with Texas Government Code §551 .087 and §551 .074. Mayor Short reconvened the meeting in open session at 1 :25 p.m. and announced that no votes or polls were taken. Item 11 — Adjourn Mayor Short adjourned the meeting at 1 :26 p.m. PASSED AND APPROVED this 18th day of February 2025. l inn! short, Mayor ATTEST: Marie Balthrop, TRM MMC City Clerk CITY COUNCIL MINUTES February 4, 2025 PAGE 14 OF 14