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AGD 03/18/2025 City of Wichita Falls City Council Agenda Tim Short, Mayor ciov Austin Cobb, At Large • Whitney Flack, District 1 0,1\ Robert Brooks, District 2 '- I Jeff Browning, Mayor Pro-Tem/District 3 Mike\jtI )c4iiV a2� Batta rl IfN Q4ir 3 S glino, District 4 TEXAS td Tom Taylor, District 5 �. *it 'W P`' S/ue5Aie:4o/deo 0 ortumities: �� James McKechnie, City g Interim Manager � 5, 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, Seminar Room, Tuesday, March 18, 2025, 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: Deacon David Bindel Sacred Heart Catholic Church (b) Pledge of Allegiance 3. Presentations (a) Proclamation — Red Cross Month, American Red Cross (b) Proclamation — World Theatre Day, Backdoor Theatre (c) Recognition of Foreign Exchange Students — Dave Clark (d) Recognition of Karen Montgomery-Gagne for being named the 82nd MSG Community Partner of the Year (e) Recognition of Wichita Falls Police Department Motor Unit for Texas Police Motorcycle Rodeo, Round Rock, Texas, honors. 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 March 4, 2025, Regular Meeting of the Mayor and City Council. 6. Receive Minutes (a) Planning & Zoning, February 14, 2024 (b) Planning & Zoning, December 11 , 2024 REGULAR AGENDA 7. Ordinances (a) Ordinance making an appropriation to the special revenue fund for the Vector Control Collaborative Project in the amount of $10,000 received from the National Association of County and City Health Officials (NACCHO)and authorizing the City Manager to execute contract accepting same (b) Ordinance appropriating $150,000 in Opioid Settlement Funding Grants for assistance to not-for-profit organizations and authorizing the City Manager to execute contracts accepting same (c) Ordinance amending Chapter 50 of the Code of Ordinances by amending Article V Outdoor Burning; providing for severability; and setting an effective date 8. Resolutions (a) Resolution authorizing the City Manager, or his designee, to make application to the Texas A&M Forest Service (TFS) for the Texas Intrastate Fire Mutual Aid System (TIFMAS) Vehicle Grant (b) Resolution approving a development agreement with 7Crew Enterprises, LLC, (dba 7Brew) related to the construction of an additional turn lane on Piedmont Place and Kemp Boulevard CITY COUNCIL AGENDA PAGE 2 OF 4 (c) Resolution approving a development agreement pursuant to Texas Local Government Code §212.071 with WinCo Foods, LLC, related to the construction of South Wenonah Avenue and associated utilities in the amount of$1 .284 million from Tax Increment Finance Zone #2 (TIF #2) funding 9. Other Council Matters (a) Announcements concerning items of community interest from members of the City Council. No action will be taken or discussed. 10.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 City Manager) (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, economic development update, WinCo Foods, LLC, and 7Crew Enterprises, LLC). 11 .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 items under Texas Government Code Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.084, and/or 551.087. CITY COUNCIL AGENDA PAGE 3 OF 4 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 12th day of March, 2025 at 3:45 o'clock p.m. ak,Bc� City Clerk I CITY COUNCIL AGENDA PAGE 4 OF 4 City of Wichita Falls City Council Meeting 4 .....� Minutes \-111')Ic. March 4, 20251 o.mkt5gi TEXAS �+ "' -"J w. Rimeiskres Glai/derI OIpe-I'tcewires � ',+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 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 8:30 a.m. Item 2a — Invocation Reverend John McLarty, First United Methodist Church, gave the invocation. Item 2b — Pledge of Allegiance Mayor Short led the Pledge of Allegiance. Item 3a — Employee of the Month —Jared Burchett, Fire Department PAGE 1 of 5 AGENDA ITEM NO.5. Mayor Short recognized Jared Burchett as Employee of the Month for March 2025 and shared a brief video. He congratulated Mr. Burchett and presented him with a plaque, letter of appreciation, dinner for two, and a check and thanked him for his service. Item 3b— Proclamation — Meals on Wheels Month, Meals on Wheels Wichita County Mayor Short read a proclamation proclaiming March as March for Meals Month in Wichita Falls. Item 3c — Presentation — Texas Association of City and County Health Officials (TACCHO) Education Through Innovation Awards, Wichita Falls Health Department Mayor Short recognized the Wichita Falls Health Department for being awarded the Texas Association of City and County Health Officials Education Through Innovation award for the Play Well Children's Education Program. Item 4 — Comments from Citizens Andrew Crites, 708 8th Street, discussed the need for a crosswalk on Scott Street across from the County Annex since pedestrians are crossing between the 6th and 7th Street crosswalks. He asked the Council to consider a crosswalk with flashers and an overhead yield to pedestrian sign and asked that this be put on a future agenda. Al Vitolo, 5408 Blazing Star, thanked the Council for their action and leadership in adopting Chapter 174. He appreciates their leadership, foresight, change in city administration, and positive tone. Adrian Colbert Jr., 1308 Bluebonnet, Prosper, TX, discussed the cleanup on Eastside that he participated in and asked what is being put in place to elevate that side of the community. He feels that in order for Wichita Falls to rise to its potential, we have to support all areas of Wichita Falls. Mayor Short expressed his appreciation to Mr. Colbert. Ricky Lowe commended Mr. Colbert for his work and thanked the City Council and staff for what is happening in District 2. He appreciates their collaboration and leadership. Item 5-6 — Consent Items CITY COUNCIL MINUTES March 4, 2025 PAGE 2 OF 5 PAGE 2 of 5 AGENDA ITEM NO.5. 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 February 18, 2025 minutes of the Mayor and City Council Item 6 — Receive Minutes (a) Public Safety Facility Committee, December 19, 2024 (b) Landmark Commission, January 28, 2025 (c) Central Wichita Falls Neighborhood Revitalization Committee, February 4, 2025 Item 7a — Ordinance 11-2025 Ordinance appropriating $90,000 of grant funds pursuant to the Texas Motor Vehicle Crime Prevention Authority (MVCPA), FY 2025, SB 224 Catalytic Converter Grant Program, appropriating said funds to the Special Revenue Fund, and authorizing the City Manager or his designee to execute all documents necessary to accept and share said funds. Moved by Councilor Browning to approve Ordinance 11-2025. 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 CITY COUNCIL MINUTES March 4, 2025 PAGE 3 OF 5 PAGE 3 of 5 AGENDA ITEM NO.5. Item 7b — Ordinance 12-2025 Ordinance appropriating $34,017.00 of grant funds pursuant to the 2024 Edward Byrne Memorial Justice Assistance Grant (JAG) Program, appropriating said funds to the Special Revenue Fund, and authorizing the City Manager or his designee to execute all documents necessary to accept and share said funds. Moved by Councilor Browning to approve Ordinance 12-2025. 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 8 — Announcements concerning items of community interest from members of the City Council. No action will be taken or discussed Councilor Cobb discussed the upcoming St. Patrick's Day event and the positive changes happening in District 2 and thanked Ricky Lowe for his work. Councilor Brooks thanked Adrian Colbert, current NFL player for the Chicago Bears, for his assistance with cleanup in District 2 and Ricky Lowe for his help removing a billboard on Martin Luther King and Rosewood that was falling down. He thanked Mayor Short for feeding the volunteers and thanked Jeff McAlister for the free screenings he provided to senior citizens at the MLK Center. He stated that District 2 has been behind, and he is no longer speaking about change in District 2; he is speaking about an impact in District 2. Councilor Flack said it is inspiring to hear about great things happening in District 2 and thanked everyone for supporting and taking pride in the community, as that is what makes Wichita Falls a great place. Councilor Browning thanked Leadership Wichita Falls for their attendance. Councilor Taylor stated that he had lunch at Davenport's last week with Mr. Lowe and Councilor Brooks and they discussed what they can do to concentrate their efforts to improve the appearance and quality of life in District 2. One of the challenges is District 2 being in the flood plain. He discussed the need for appropriate-priced housing, continued cleanup, and working in concert with the City. CITY COUNCIL MINUTES March 4, 2025 PAGE 4 OF 5 PAGE 4 of 5 AGENDA ITEM NO.5. Councilor Battaglino discussed the sold-out production of Grease at Backdoor Theater and the St. Patrick's Day festival. He gave a special shout-out to Leadership Wichita Falls 2025 and said his participation in Leadership Wichita Falls inspired him to run for City Council and encouraged others to serve. He invited them to his town hall on April 14th at 5:30 p.m. at the Thomas Fowler American Legion Post 169. Mayor Short thanked Leadership Wichita Falls for attending. He appreciates the pride in all of our districts in keeping them clean and taking care of our community and thanked Mr. Lowe and Mr. Colbert for their efforts. Item 9 — Executive Sessions City Council adjourned into Executive Session at 9:07 a.m. in accordance with Texas Government Code §551 .074 and §551 .087. Mayor Short reconvened the meeting in open session at 10:59 a.m. and announced that no votes or polls were taken. Item 10 — Adjourn Mayor Short adjourned the meeting at 10:59 a.m. PASSED AND APPROVED this 18th day of March 2025. Tim Short, Mayor ATTEST: Marie Balthrop, TRMC, MMC City Clerk CITY COUNCIL MINUTES March 4, 2025 PAGE 5 OF 5 PAGE 5 of 5 AGENDA ITEM NO.5. MINUTES PLANNING & ZONING COMMISSION February 14, 2024 PRESENT: David Cook •Chairman Jeremy Woodward •Vice Chair Brady Enlow •Alternate No. 1 Michael Grassi •Member Blake Haney •Member Matt Marrs •Member Noros Martin •Member Doug McCulloch •Member Wayne Pharries •Member Allan Sizemore •Member Steve Wood •Member James McKechnie, Legal Department •City Staff Terry Floyd, Development Services Director •City Staff Fabian Medellin, Planning Manager •City Staff Christal Cates, Neighborhood Revitalization Coordinator •City Staff Jennifer Loeffler, Admin Assistant • City Staff ABSENT: Mark McBurnett •SAFB Liaison Counselor Bobby Whiteley *Counselor Liaison I. CALL TO ORDER The meeting was called to order by Chairman, Mr. David Cook, at 2:00 p.m. Chairman Cook proceeded to make the following comments: II. PUBLIC COMMENTS Chairman Cook asked if there were any comments from the public. With no comments, Mr. Cook closed public comments. III. APPROVAL OF MINUTES Vice-Chairman, Mr. Jeremy Woodward, made a motion to adopt the January 10, 2024, minutes. Mr. Matt Marrs seconded the motion. The motion was passed unanimously, 8-0 IV. REGULAR AGENDA PAGE 1 of 2 AGENDA ITEM NO.6.a Planning and Zoning 2 February 14, 2024 Planning and Zoning Commission Training by Fabian Medellin and James McKechnie. V. OTHER BUSINESS Update from Director, Terry Floyd. Director Terry Floyd updated the commission regarding the Subdivision Input Meeting with the stakeholders to take place on February 27, 2024 at 5:30pm in the City Hall Council Chambers. Mr. Floyd also informed the members that future meetings would take place in a different location until the remodel of City Hall is complete. Mr. Floyd stated Planning and Zoning and other city divisions would move to The Wichita Tower during the first part of March, 2024, and that the renovations would take approximately 2 years to complete. Noros Martin asked if there would be enough parking for the committee members. Mr. Floyd answered that there is plenty of parking within walking distance. VI. ADJOURN Chairman Cook adjo eeting at 2:41 pm. 3/l3/zy 410 ,/r"e ok•-Chairman ard, Vice Chair, signing for: Date: David •o , 3A 3 /01 Terry , Director velopment Services Date: PAGE 2 of 2 AGENDA ITEM NO.6.a MINUTES PLANNING & ZONING COMMISSION December 11th, 2024 PRESENT: David Cook *Chairman Jeremy Woodward •Vice-Chair Blake Haney •Member Michael Grassi •Member Noros Martin •Member Wayne Pharries •Member Steve Wood *Member Doug McCulloch •Member Matt Marrs •Member Richard Milhollon •SAFB Liaison Fabian Medellin, Planning Manager •City Staff Cedric Hu, Planner I •City Staff Tyson Traw-Deputy Director Public Works •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. II. PUBLIC COMMENTS Chairman Cook asked if there were any comments from the public for any items not on the agenda. No one from-the public had any comments. III. APPROVAL OF MINUTES Chairman Cook asked if any of the members of the Commission have a motion to approve the November 13th, 2024 meeting minutes. Commissioner Matt Marrs made the motion, and Commissioner Noros Martin seconded the motion. Chairman Cook took the motion to a vote and the motion passed 9-0. PAGE 1 of 5 AGENDA ITEM NO.6.b IV. CONSENT AGENDA Chairman Cook asked if there are any items on the consent agenda that needed to be moved down to the regular agenda. Mr. Fabian Medellin stated that there were none. Chairman Cook asked if there was a motion to approve the consent agenda. Commissioner Matt Marrs made a motion to approve and Commissioner Jeremy Woodward seconded the motion. Chairman Cook asked if there was anyone from the public that wished to speak. No one came forward. Chairman Cook asked if there were any comments from anyone on the Commission, and no comments were made. Chairman Cook took the motion to vote, and the motion passed 9-0. v. Regular Agenda 1. Case C24-27—2206 Princeton Ave-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: Ms. Esthela Dominguez Location: 2206 Princeton Avenue Chairman Cook asked if there was a motion to approve the case. Mr. Matt Marrs made the motion and Commissioner Blake Haney seconded the motion. Mr. Cedric Hu presented the case and stated that the applicant is seeking approval of a duplex at 2206 Princeton Avenue. Mr. Hu presented pictures, from different viewpoints, showing the property in question and the properties surrounding this parcel. He stated that this property is surrounded by other residential properties. Mr. Hu then presented the site plan for the proposed duplex, stating that the building would be 1,149 square feet which will be divided into two 1-bedroom units. The site plan showed that the owner will be converting an existing home into the two-unit duplex. All setbacks will remain the same, so the structure will still be in compliance with setbacks. Mr. Hu then presented PAGE 2 of 5 AGENDA ITEM NO.6.b maps of current zoning for this address and surrounding parcels. This property is in the Single Family 2 Zoning District, to the west of this property is Limited Commercial Zoning District. As part of the Conditional Use process, staff has sent out notices to property owners within a 200 radius of 2206 Princeton Ave. There were twenty-five notification letters sent out to the property owners, and there were no responses returned. Staff does recommend the approval of the Conditional Use Permit for this duplex under the conditions: 1) Four parking spots will be provided meeting design standards of Section 6200, Off Street Parking Regulations. 2)That the duplex complies with all building code regulations, permitting and inspections. Chairman Cook asked if the applicant was in the audience and wished to make a statement. The applicant was present, but did not make a statement. Chairman Cook then asked if any one from the audience would like to make a statement, and no statements were made. Chairman Cook then opened the discussion to the Commission. Mr. Noros Martin asked the applicant if the current structure would be torn down, and the applicant clarified that the current structure would not be tom down. There were no further questions or comments from the Commission. Chairman Cook took the motion to vote, and it passed 9-0. 2. Case C 24-28 -2301 Tinker Trail - Consider taking action for a conditional use for a carport in the required side interior setback in a Single Family 2 (SF-2) residential zoning district. Owner: Mr. John Ward Location: 2301 Tinker Trail Chairman Cook asked if there was a motion to approve the case. Mr. Matt Marrs made the motion and Commissioner Wayne Pharries seconded the motion. PAGE 3 of 5 AGENDA ITEM NO.6.b Mr. Cedric Hu presented the case and stated that the request is for use of a carport that will be in the required interior side setback (the proposal is within the five-foot required setback). Mr. Hu provided slides of the property and the submitted Site Plan. Per the Site Plan, the proposed carport will be 20 feet by 20 feet, and will be built one foot from the side interior property line. The post heights will be limited to eight feet tall and will be supported by a total of four columns. Mr. Hu pointed out that this property is completely in a Single Family 2 Zoning District. Following procedures for the Conditional Use process, staff sent notification letters to the property owners within a 200-foot radius of 2301 Tinker Trail, having sent a total of twenty-five letters out. Staff received only two responses, one that was opposed to the carport and one that was undecided. Both letters had no additional feedback. Staff does recommend approval of the carport request at 2301 Tinker Trail, subjected to conditions that a site plan review, by planning and building inspections, be done at the time of permitting to verify conformance with Section 4220 as well as all other codes and ordinances. Chairman Cook asked if the applicant was present and wanted to make a statement. Mr. Ward was at the meeting and gave a little background of his work and time in Wichita Falls. Mr. Ward is a 100% disabled veteran and needs to use a wheelchair. He stated that he cannot park his car in his garage becausewrs,, he can't open the door of his car enough to get out of it. He told the Commission that he appreciated their consideration of his request. Chairman Cook asked if there was anyone in the audience that would like to speak, and no one came forward. Chairman Cook asked the Commission if there was any additional discussion, which there were no more comments made by the panel. Chairman Cook took the motion to a vote, and it passed 9-0. VI. STAFF UPDATE Mr. Fabian Medellin updated the Commission on the Neighborhood Revitalization Committee that was attended by a few of the members of the P&Z PAGE 4 of 5 AGENDA ITEM NO.6.b Commission. He offered his appreciation for those members that were able to attend the meeting. He stated that the meeting focused more on the residential district of the districts inside the Revitalization area, and what residential types are appropriate within those areas. They discussed that single family homes are the primary use, but explored some of the other uses that are allowed by right or by Conditional Use, being duplexes and multifamily homes. Discussion was had on the suggestion of a member regarding a possible condo/townhouse concept, which currently is not allowed there. Mr. Medellin stated that there was a lot of good feedback at this meeting and they had some general public input on what should be incorporated in the long term in the neighborhood. He said that the conversation was mainly that multifamily should be geared towards the commercial thoroughfare area. He explained that the 9th/10th Street area being the primary areas, and some on Brook, Kell and Kemp as well. They discussed duplexes at length, if they would be appropriate for the area and if there could be any kind of regulations put in place regarding the form/looks of new duplexes to make them more fitting with what is already in place. Mr. Medellin said that after the meeting, one of the Committee members asked about density, as this area already is one of the densest areas in our city. He stated that this issue will be brought up at the next Neighborhood Revitalization Meeting. With very targeted questions specifically about the density of the area. VII. ADJOURNMENT Chairman Cook adjourned the meeting at 2:15pm 411101" // )/ J' Jer..--04rilood :rd, Vice-Chairman Date i (AO, I /8101 Te Flo ,, Director of Development Date 4 PAGE 5 of 5 AGENDA ITEM NO.6.b CITY COUNCIL AGENDA March 18, 2025 ITEM/SUBJECT: Ordinance making an appropriation to the special revenue fund for the Vector Control Collaborative Project in the amount of $10,000 received from the National Association of County and City Health Officials (NACCHO) and authorizing the City Manager to execute contract accepting same. INITIATING DEPT: Health STRATEGIC GOAL: Actively Engage and Inform the Public STRATEGIC OBJECTIVE: Practice Effective Governance COMMENTARY: The Health District was selected from a number of applicants nationwide to receive this new funding opportunity from NACCHO. This opportunity is for the `Vector Control Collaborative: A Vector Control and Surveillance Mentorship Program.' The program brings together subject-matter experts at NACCHO, the Centers for Disease Control and Prevention (CDC), and cohort members to engage in assessments, discuss best practices and lessons learned, and hold one site visit with an assigned mentor. The work will serve as a resource for future vector control programs. A final report may be used by NACCHO as a `Story from the Field' featuring our Health District. The overarching goal of participating in this program is to improve our local mosquito control program. The contract is in the amount of $10,000 for the period of contract execution to July 31 , 2025. Staff recommends approval of the ordinance. ® Director of Health ASSOCIATED INFORMATION: Ordinance ® Budget Office Review ® City Attorney Review ® Interim City Manager Approval PAGE 1 OF 2 PAGES AGENDA ITEM NO. 7.A Ordinance No. Ordinance making an appropriation to the special revenue fund for the Vector Control Collaborative Project in the amount of$10,000 received from the National Association of County and City Health Officials (NACCHO) and authorizing the City Manager to execute contract accepting same WHEREAS, the Health District and the National Association of County and City Health Officials desire to enter into a contract for continued public health services; and, WHEREAS, approval of these funds could not have been anticipated prior to the adoption of the Fiscal Year 2025 budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: It is hereby approved to accept funds in the amount of $10,000 for the Vector Control Collaborative Project and the Interim City Manager or his designee is hereby authorized to execute any necessary documents. PASSED AND APPROVED this the 18th day of March 2025. MAYOR ATTEST: City Clerk PAGE 2 OF 2 PAGES AGENDA ITEM NO. 7.A CITY COUNCIL AGENDA March 18, 2025 ITEM/SUBJECT: Ordinance appropriating $150,000 in Opioid Settlement Funding Grants for assistance to not-for-profit organizations and authorizing the City Manager to execute contracts accepting same. INITIATING DEPT: Health & Finance STRATEGIC GOAL: Actively Engage and Inform the Public STRATEGIC OBJECTIVE: Continue Supportive Partnerships with the Local Not-for- Profit Community BACKGROUND: • August 30, 2024: Mayor Short requested $150,000 of Opioid Settlement Funds received by the City of Wichita Falls be released to the local community. The Plan of Action proposed by the Director of Health was approved. • September 15, 2024: Reviewed any requirements described in the funding guidelines. • September 30, 2024: Developed guidelines and published availability of funding on the City of Wichita Falls website and social media. Agencies that had expressed interest in the past were notified. • October 30, 2024: Deadline for interested entities to submit an application to the Director of Health. • November 30, 2024: Reviewed applications and provided a recommendation to the Council Subcommittee on Outside Agencies. • February 18, 2025: Subcommittee met to hear proposals from applicants and finalize funding recommendations. • March 18, 2025: Council consideration of an Ordinance to Appropriate $150,000 in Funding to not-for-profit Organizations The subcommittee included: • Councilor Jeff Browning • Councilor Michael Battaglino • Councilor Robert Brooks Staff received applications from four organizations during the application period and provided recommendations to the subcommittee. All four organizations were invited to give a presentation to the subcommittee at the February 18, 2025 meeting. COMMENTARY: Per discussion and recommendation of the subcommittee, funding for the following four organizations is being recommended for Council consideration. The recommended award amounts are as follows: PAGE 1 OF 4 PAGES AGENDA ITEM NO. 7.B • Action Against Opioids: $45,000 • East of the Falls Community Development Corporation: $4,400 • Helen Farabee Centers: $85,600 • Homeless Lives Matter: $15,000 If approved by Council, staff will finalize the agreements for funding and work to distribute funding directly to the organizations. This process is anticipated to take less than 30 days. Staff recommends approval of the ordinance. ® Director of Health ASSOCIATED INFORMATION: ORDINANCE ® Budget Office Review ® City Attorney Review ® Interim City Manager Approval PAGE 2 OF 4 PAGES AGENDA ITEM NO. 7.B Ordinance No. Ordinance appropriating $150,000 in Opioid Settlement Funding Grants for assistance to not-for-profit organizations and authorizing the City Manager to execute contracts accepting same WHEREAS, the City Council adopted and approved the Texas Opioid Abatement Fund Council and Settlement Allocation Term Sheet; and, WHEREAS, the City of Wichita Falls received two distributions of settlement funds; and; WHEREAS, an appointed subcommittee and City staff have reviewed the applications and have made a formal recommendation to City Council for funding of local not-for-profit organizations in the amounts listed in the Attachment included in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to execute all necessary funding agreements and associated documents, in forms approved by the City Attorney, related hereto to distribute funding to local not-for-profit organizations in the amounts as recommended by an appointed subcommittee outlined in this Ordinance and associated Attachment. PASSED AND APPROVED this the 18th day of March 2025. MAYOR ATTEST: City Clerk PAGE 3 OF 4 PAGES AGENDA ITEM NO. 7.B Attachment Not-for-profit Organizations and Associated Opioid Settlement Funding Amounts: • Action Against Opioids: $45,000 • East of the Falls Community Development Corporation: $4,400 • Helen Farabee Centers: $85,600 • Homeless Lives Matter: $15,000 PAGE 4 OF 4 PAGES AGENDA ITEM NO. 7.B CITY COUNCIL AGENDA March 18, 2025 ITEM/SUBJECT: Ordinance amending Chapter 50 of the Code of Ordinances by amending Article V Outdoor Burning; providing for severability; and setting an effective date. INITIATING DEPT: Fire Department STRATEGIC GOAL: Actively Engage and Inform the Public STRATEGIC OBJECTIVE: Practice Effective Governance COMMENTARY: The City of Wichita Falls has experienced an increase in probability of wildfires in the city limits and in the Wildland Urban Interface (WUI) areas surrounding our city. According to the United States Department of Agriculture (USDA) and the United States Forest Service (USFS), Wichita Falls is considered an "at risk" community and has a higher wildfire risk to homes than 94 percent of communities in the nation. The use of controlled "outdoor burning" is an effective mitigation tool in preventing wildfires and the damage that occurs from them. The Wichita Falls Fire Department is proposing changes to the "Outdoor Burning" ordinance to reflect the goals and mission of the City's approved Community Wildfire Protection Plan (CWPP) that outlines the City's options to reduce overall damage and impact from Wildfires. Staff recommends approval of the ordinance. ® Fire Chief ASSOCIATED INFORMATION: Ordinance ® Budget Office Review ® City Attorney Review ® Interim City Manager Approval PAGE 1 OF 4 PAGES AGENDA ITEM NO. 7.0 Ordinance No. Ordinance amending Chapter 50 of the Code of Ordinances by amending Article V Outdoor Burning; providing for severability; and setting an effective date WHEREAS, Wichita Falls is experiencing growth and development in areas that were once rural; coupled with the increase in the occurrence of wildfires it is essential to partner with landowners to effectively mitigate the potential for devastating wildfires; and, WHEREAS, it is in these areas where development meets vegetation or the wildland urban interface that the greatest risk to public safety and property from wildfire exists; and, WHEREAS, Wildfires in and around the City of Wichita Falls area historically have caused significant damage to homes, property, and natural resources; and, WHEREAS, one of the most effective ways to mitigate the dangers that wildfire poses to the residents and natural resources of the City of Wichita Falls is with the use of controlled "outdoor burning". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: ARTICLE V— OUTDOOR BURNING 1 . The Code of Ordinances of the City of Wichita Falls, Texas, be amended by amending Chapter 50 Fire Prevention and Protection, Article V Outdoor Burning, Section 50 to read as follows: Sec. 50-110 Burning prohibited unless pursuant to permit issued by Fire Chief. (a) It shall be unlawful for any person to burn municipal solid waste or yard waste within the city limits. (b) The Fire Chief may issue, to a property owner, a permit to burn trees and brush as part of a project of an approved Community Wildfire Protection Plan or other fire mitigation projects approved by the Fire Chief. Additionally, such a permit may be issued to the owner of a property exceeding 50 acres within the city or property located in the floodway (as depicted on the flood insurance rate map issued by the Federal Emergency Management Agency). All such permits must be conditioned on compliance with the requirements of the Fire Chief that are shown on the face of said permit and the following provisions: PAGE 2 OF 4 PAGES AGENDA ITEM NO. 7.0 (1) Any open burning shall occur at least 500 feet from any residence; (2) Any open burning shall occur only on the day and time and exact locations shown on the face of the permit; (3) All open burning shall be closely supervised on the site of the burning by personnel equipped to promptly extinguish all fires started pursuant to the permit; (4) All open burning shall be conducted in compliance with all state requirements concerning air pollution, including, but not limited to, title 30, Environmental Quality, TAC section 111.219(3), (4), (6), and (7) (30 TAC sec. 111.219(3), (4), (6), (7)); and (5) Open burning material shall consist only of trees, brush, grass, leaves, branch trimmings; and other plant growth generated from the property upon which the burning is occurring. (c) The fire chief may refuse to issue a permit to burn trees and brush if the fire chief determines that open burning pursuant to said permit will pose an unreasonable risk of conflagration, danger to neighboring property, air pollution, or other danger to health or safety. (d) It shall be a defense to prosecution for a violation of this section and the open burning provisions of the fire code adopted by this code, including section 307 of the fire code, that a person was burning in compliance with all conditions of a permit to burn trees and brush issued pursuant to this section. (e) This section and the remainder of this code is found to be consistent with the Texas Clean Air Act (see Texas Health and Safety Code ch. 382, subch. E, Authority of Local Governments) and title 30, Environmental Quality, TAC section 111.219(3), (4), (6) and (7) (30 TAC sec. 111.219(3), (4), (6), (7)). 2. If any section, subsection, sentence, clause, phrase, or word of this ordinance is for any reason held to be unconstitutional, invalid, or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance, which shall continue in full force and effect. 3. This ordinance shall become effective on April 18, 2025 PASSED AND APPROVED this the 18th day of March 2025. PAGE 3 OF 4 PAGES AGENDA ITEM NO. 7.0 MAYOR ATTEST: City Clerk PAGE 4 OF 4 PAGES AGENDA ITEM NO. 7.0 CITY COUNCIL AGENDA March 18, 2025 ITEM/SUBJECT: Resolution authorizing the City Manager, or his designee, to make application to the Texas A&M Forest Service (TFS) for the Texas Intrastate Fire Mutual Aid System (TIFMAS) Vehicle Grant. INITIATING DEPT: Fire STRATEGIC GOAL: Efficiently Deliver City Services STRATEGIC OBJECTIVE: Practice Efficient Governance COMMENTARY: Approval of this item would authorize the submittal of application via TFS for the TIFMAS Vehicle Grant which, if awarded, is 100% grant funded requiring no local match. ETA on grant award notification is October 2025. Grant applications not funded in October automatically roll forward to the next TIFMAS funding meeting and will remain on file and active until approved or canceled in writing by the applicant. The vehicle would be acquired on behalf of the City by TFS from a vendor of their selection with an estimated cost of $575,000. Staff recommends approval of the resolution. ® Fire Chief ASSOCIATED INFORMATION: Resolution ® Budget Office Review ® City Attorney Review ® Interim City Manager Approval PAGE 1 OF 3 PAGES AGENDA ITEM NO. 8.A e-"'- C,, _ � y I �S , � i :IN.:: r. ' -1 �.x II -off-z..s,i f 1=., �+ _+y i �I1rr �. kiliNti44..' 1,1, !two n7132FZE SI ° , ' ; .. . F5" * 4" - __--,.__-- -__ . _-,-__, ,r w ti,r Example vehicle if grant awarded PAGE 2 OF 3 PAGES AGENDA ITEM NO. 8.A Resolution No. Resolution authorizing the City Manager, or his designee, to make application to the Texas A&M Forest Service (TFS) for the Texas Intrastate Fire Mutual Aid System (TIFMAS) Vehicle Grant WHEREAS, the City Council finds it in the best interest of the citizens of Wichita Falls that the TIFMAS Vehicle Grant be applied for through TFS; and, WHEREAS, the TIFMAS Vehicle Grant is a competitive process, the City Council agrees that it is in the best interest of the citizens to apply for various fire departmental needs; and, WHEREAS, if awarded, the City is not required to provide matching funds; and, WHEREAS, the City Council agrees that in the event of loss or misuse of the vehicle provided by the TIFMAS Vehicle Grant, the City Council assures that the vehicle will be returned to TFS; and, WHEREAS, the City Council authorizes the City Manager to apply for the TIFMAS Vehicle Grant on behalf of the applicant agency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Interim City Manager or his designee is hereby authorized to apply for the submission of the grant application for the TIFMAS Vehicle Grant Program. PASSED AND APPROVED this the 18th day of March 2025. MAYOR ATTEST: City Clerk PAGE 3 OF 3 PAGES AGENDA ITEM NO. 8.A CITY COUNCIL AGENDA March 18, 2025 ITEM/SUBJECT: Resolution approving a development agreement with 7Crew Enterprises, LLC, (dba 7Brew) related to the construction of an additional turn lane on Piedmont Place and Kemp Boulevard. INITIATING DEPT: Development Services Department STRATEGIC GOAL: Accelerate Economic Growth STRATEGIC OBJECTIVE: Identify & expand economic development opportunities COMMENTARY: The proposed agreement would represent a public/private partnership (P3) between the City and 7Crew Enterprises, LLC (7Brew) as part of the company's planned new coffee shop location on the long-vacant tract at Kemp/Piedmont: 7Brew will, at their expense, dedicate right-of-way and construct a right turn lane on Piedmont to better facilitate Piedmont west to Kemp north traffic movements, and the City at City's expense will relocate the existing traffic signal to be "out of the way" of the new turn lane. The improvements resulting from this P3 assist in both improving existing mobility conditions at the intersection and those additional impacts directly related to this development. Timeline • March 11th, 2025 — Plat for a new 7-Brew Coffee development approved by the Planning and Zoning Commission • March 18, 2025—City Council to consider approval of the development agreement • Late March/Early April 2025 — 7-Brew construction slated to begin • Late May/Early June 2025 — Construction anticipated to be completed Summary The main points of the agreement include: • A public/private partnership agreement to provide for the construction of a turn lane on Piedmont Place at the developer's cost (est. $100,000)to help alleviate existing and new traffic impacts at the intersection with Kemp Boulevard; • The city would be responsible for the relocation of the eastern traffic signal mast arm pole (est. not to exceed $30,000); • There is no direct payment of funds from the City to 7-Brew in this agreement. 7Brew is currently in development of final project plans for submittal for building permit in the next few weeks. Relocation of the traffic signal arm will be coordinated with the 7Brew contractors. City staff and a representative from 7Brew will be at the Council meeting to provide additional information and to answer any questions. Staff recommends approval. PAGE 1 OF 14 PAGES AGENDA ITEM NO. 8.B ® Director of Development Services ® Assistant City Manager ASSOCIATED INFORMATION: Location Map; Resolution ® Budget Office Review ® City Attorney Review ® Interim City Manager Approval PAGE 2 OF 14 PAGES AGENDA ITEM NO. 8.B Location Map AVENUE t 1 , i . I ., r- y, �' 'yj , !. r d �..I 2903 2t}O _. .�tiu✓u+, a *P`a Union Square • Credit Union kix ii Ci f iNew 7 Brew Coffee _ - e, �. Y F m ,, ; + Relocated Traffic Signal-1 . t - A ' DTnposed Right Turn Lane-› ., J a s � r 1 , ,' '' * If -. 'AVENUE 11 °` . . _ -_'P!EDMQNT p� ~.:,; --� _.L r t "I r+ w P _r25 • �r '^ i / ; r t� d 3101' m ,�, ,'Wf.` M1 af l 4 . .Z.''- . 4/11141/0, l :i 0 bU 'OU 206 Fee; li .. .4-' - I Legend. New 7 Brew Coffee Aerial Map Relocated Traffic Signal I CITY OF WICHITA FALLS,PLANNING DIVISION • • - MAP PRODUCED ErfJ Hu al Right Turn Lane I M DATE PROpUGED I I Mach 2425 _ Subject Property Parcels PAGE 3 OF 14 PAGES AGENDA ITEM NO. 8.B Resolution No. Resolution approving a development agreement with 7Crew Enterprises, LLC related to the construction of an additional turn lane on Piedmont Place and Kemp Boulevard WHEREAS, the City Council and 7Crew Enterprises, LLC, desire to enter into a development agreement to allow for a public/private partnership to facilitate commercial construction in the city; and, WHEREAS, the proposed development agreement would allow for the construction of needed traffic improvements to facilitate not only the traffic generated by a new 7Brew location but also current traffic at the intersection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1 . The approval and funding of the following programs and expenditures as described below are approved: • A public/private partnership agreement to allow for the construction of a turn lane on Piedmont Place at the developer's cost to facilitate current and new traffic at the intersection with Kemp Boulevard. • The City would be responsible for the relocation of the eastern traffic signal mast arm pole. • Expenditures for the relocation of the traffic signal will not exceed $30,000. 2. The Interim City Manager is authorized to execute this agreement in a form approved by the City Attorney. PASSED AND APPROVED this the 18th day of March 2025. MAYOR ATTEST: City Clerk PAGE 4 OF 14 PAGES AGENDA ITEM NO. 8.B Exhibit 1 AVENUE•R I 3 1•• ‘•-• 0 %-0-."4° . F`� ,4 ti 0 Ci I ` -----AVENUE T [ _ 1 New 7 Brew Coffee AVENUE U 0 MflNT PL----- z—_ Z I 1- z II cr 2 .1U / 0 Z i IY I "`'PRELL-ST I AVENUE V .r us dII 1 4 0IL 0 ifr t I III I I' m co (61 AVENUE yV_ I II fI 3co I �p1N STa a I I 1 I I I I I I I i I I 0 210 420 840 Feet New 7 Brew Coffee Location Map CITY OF WICHITA FALLS,PLANNING DMA ON MAP PRODUCED BY:Cedric Hu DATE PRODUCED:7 March 2025 Legend .= m : a 11 Subject Property PAGE 5 OF 14 PAGES AGENDA ITEM NO. 8.B Exhibit 2 ' JACK STREE , CCNIBGS PREP.4 BJCEfi"� TOE(.F.CCRC.ALLEY r, ... �ocJTE ,.4t .... .._... _ .... 1 ---�. Ina _ s 'fRO0147L 3 i.PFUGP RALF-TI OpOLER SEE f1 ypR a — Y " j ' R.w�— '` f `-utcN.FL.°M`'pay kar¢oET.awL� ll/ oi,aua ,i . s M ❑. • 1 FA.OP.CiWE;1YUJ tt11TOUll FEB, Ft) ,,,. -L— E�onm y�pw'dp eslrn% - y��I1 �tY' CC 5 ARCR PLANS PAR MOnE DEMO ". .. >. ,r y^'I 'irI g I t+ cAMONY a GOLIIMG i t; 11 W� - �V'rM1� rryp.isEE ARCM. Fit Y 1 U I , 1 y tlL ^ � I k , , , i i _. El 4 • lAl ti1 µ am { § ii ,ai} : mo W • SCR KY1'.1 SEE dR{# E :R DUALS.. ... - ir R. r r I i{FAP 5 MOW,.PL9L.1G 01 } .REF9z VEX c TRAFFIC.DP`°" 1 4 T I _ Ili. I ��11� _ 1 - n_.. PREPARED cm FOR v�� ,i�� - �., Tom. .Jiilt!ivli!N1.. ''�PROp.49EENY561iWJ6t :1111i1' EL RF14GA.TH3TRIJFC&06I Pd-E:' l.% r . _ _ __ — — umw.�nsf®� _+r .r E REFER:RN C.FcRIEACIRI'L PULE r.as, ...L.....- `a _ —ti . . .w. ___ — i._....R _ ' � ._-_ PREPARED FOR'61CFE ./ >L - ..� _ �. wr - PROP.F SpEMU''' x' a ruvu.'T xsaa �.�-,.., .�_�,�.� FTa.OP.RJ TUYa+UVIE' o,v.:„„a-..,..,.,,ri ,, r_ Y , Y • 1 PAGE 6 OF 14 PAGES AGENDA ITEM NO. 8.B DEVELOPMENT AGREEMENT BETWEEN 7CREW ENTERPRISES, LLC AND THE CITY OF WICHITA FALLS This Development Agreement ("Development Agreement") is made as of this day of ; 2025 between 7Crew Enterprises L.LC, a Texas limited liability company ("7-Brow") and the City of li ichita Fails ("'CWF"). WHEREAS, RS WIC FAL TX 7B1 LLC. a Texas limited liability company CRS") has entered into a certain Contract of Purchase and Sale (Purchase Agreement") to acquire a a - .77-acre tract of real properly located in the City of Wichita Falls Wichita County., Texas, as depicted on Exhibit A attached hereto, rtlle "Property") and Whereas 7-Brew has entered into a Cri_:ani: Leos'_' Acirec'rientt with f=S as landlord, and 7-Brew as tenant granting Ere' •cosf'laoliri f' ;I_;_]I_i=' rl {_I''i=' F'rnr'nrt'y' WHEREAS in connection with 7-Brew's planned de",;f_lapmcnt of the Property into a coffee shop development (the ''Development' ) i=;'i,'F and 7-Brew li,rr_'r that certain improvements to the adjacent right-of-way commonly known as -Piedmont Place" are necessary to support the increased traffic anticip,iI.r'ii ,as a result el .lac' Develop"Sent such work being more particularly described in E>:3iinit • B' and WHEREAS. subject to the conditions set forth herein 7-Brow will construct a dedicated right turn lane on the north-side of Piedmont Place to include the associated drainage improvements and utility relocations if required (as defined below and collectively referred to herein as the "Improvements"); and WHEREAS subject to the conditions set forth herein. CWF will relocate the northern traffic signal at the intersection of Kemp Boulevard and Piedmont Place: and all required relocation of all necessary infrastructure related to the operation of the traffic signal. and NOW.. THEREFORE for and in consideration of the mutl.l-.al l.rrol'lir,r and agreements contained herein. the parties hereto do hereby agree as iollo':r I. 7-Brew Duties 7-Brew agrees to provide the engineering design, permitting and cororaction of the r•Iprovements _aL; further specified in ° 1 . a �a :7-Brc'.'," it II. ; r;1.al r.' experrr;'.' l l,iii construct a dedicated rcll ll. Min I orae on than, north-side of Pir,ia'v.:onl. Place to include the aL.3. ec iatr,;i drainage IrHprnvervienl..`= and LILI II__r rc'locLationi`_s If regl.Hr+_'d II. CWF Duties PAGE 7 OF 14 PAGES AGENDA ITEM NO. 8.B 2 1. CWF will at is sole expense relocate the northern traffic signal at the intersection of Kemp Boulevard and Piedmont Place, and all required relocation of all necessary infrastructure related to the operation of the traffic signal Ill. Permits and Governmental Approvals. C`v'JF hereby :Acknowledges that none of the obligations of 7-Erey,v c t forth herein shall he c',ndi'acl against 7-Brew until such tame as 7 E°rr_s t:ct° lip and po',e re gi permits and obtains all neees are, cievc'rnr°ir nt:11 .cippro.,als in connection with the Development NotwitivAanding anything to the r orrI-r._tnr contained herein. CVVF agrees that not.cilhsslanding it is ex;_,rr_-esI'i., agreed that nothing contained in this Decclopr^- enl Agreement. shall be construed to contain a co r_n_1rit either ,.:iirr-`;`ce 1 or InIpl ied to eitner commence the corm.;triction ei a building or tire operation of _a ,..rcint ss or thereoite'r continuously oni-F-Ve _i turidrins err thr, Frepc'rt,, r:VIF further agrees that none of the obligations of ?.-Brew r;d. t forth hert..' n be binding againm;t 7-Brow if RS fails to acquire tic Property pursuant to the Purch:i°;r� Agreement IV. License and Temporary Easement to Construct. CWF hereby grants 7- Brew, its agents.. contractors, successors and;or assigns, a license and temporary construction and grading easement to enter onto property of CWF and to regulate pedestrian and vehicular traffic to such areas during the construction of the Improvements and for all ollic'r I_iliit _r°;c s lac _c,s5OP to construct the mprovements V. No Improvement District or Special Assessments. CFW shall riot create a special assessmerat district for the purpose of •_15505slil{:i Orr_ Improvements 7-Brew is constructing ,_'!_!rso11ro_ t0 the terms ul tills Development Agreement 7-Brews CorrsI_'!_ii•rjrin of tire 'eprovercerrtc as set forth herein represent the maximum II_ Nlity of 7-Ere',v to fund and pay for such improvements. VI. Dedication and Acceptance. Subject to all of the other provisions of this Development Agreement and any exhibits hereto attached; to the extent any of the Improvements constructed pursuant to this Development Agreement are not considered already owned by C'^WF 7-Brew shall upon completion of any public improvements contemplated herein, unconditionally give, grant, convey and fully dedicate such improvements to C"I.F its successors and assigns All such improvements and perpetual maintenance thereof will be accepted by CWF according to C'WF's standard specifications and otherwise in compliance with Slate law VII. Term. This Agreement shall immediately terminate when each Part completes its duties as set forth in this Agreement. PAGE8 OF 14 PAGES AGENDA ITEM NO. 8.B VIII. Insurance and Bond a) 7-Brew or its contractor shall maintain commercial general liability insurance in an amount of S500,000 per occurrence. Current insurance certificates shall remain on file with OAT during the term of this Development Agreement Policies shall provide ONE with El minimum of thirty (30) days" notice cancellation, non-payment of premium, or non- renewal The policy shall name and cover COIF as an additional insured on liability insurance policies except for employer's liability and include El waiver of subrogation in favor of MT. b) 7-Brew shall furnish and maintain with CWF performance bonds in accordance with Texas Government Code Chapter 2255 in the amount of the Cost of the Improvements. All bonding companies shall be listed an the U.S. Treasury list of approved sureties. IX. Venue This Development Agreement shell be governed by and construed according to the laws of the State of Texas, without giving effect to its choice of law principles. The parties agree that all actions and proceedings arising Out of or relating directly or indirectly to this Development Agreement or any encillery agreement or any other related obligations shall be litigated solely and exclusively in the state or federal courts of Texas. X. Governmental Function Clause_ All parties agree that this Development Agreement is one wherein the CWF is solely performing e governmental function. All parties expressly agree that the CWF is not engaging in any proprietary functions. XI. Contractual Damages Limitation Clause. All parties agree that damages in this Development Agreement are limited only to those authoriLed under Texas Local Government Code Section 271 153 Specifically CWF is not liable for consequential damages or exerxiplaryr XII. Verification. I, (authorized official) Kendra Burris do hereby depose and verify the truthfulness and accuracy of the contents of the statements submitted on this certification under the provisions of Subtitle F Title 10, Government Code Chapter 2270 and that the company named below 1) does not boycott Israel currently; and PAGE 9 OF 14 PAGES AGENDA ITEM NO. 8.B 4 2) will not boycott Israel during the term of the contract; and 3) is not currently listed on the State of Texas Comptrollers Companies that Boycott Israel List located at https://comptroll er_texas_govlpurchasingfpubli cations/divestment_php 7Crew Enterprises, LLC Company Name Signature of Authorized Official Chief Executive Officer 03/1012025 Title of Authorized Official Date PAGE 10 OF 14 PAGES AGENDA ITEM NO. 8.B Executed this day of 2025 7Crew Enterprises, LLC, a City of Wichita Falls Texas limited liability company By . By City Manager Printed Name Kendra Burns Title. Chief Executive Officer Attest City Clerk Approved as to form City Attorney PAGE 11 OF 14 PAGES AGENDA ITEM NO. 8.B 6 EXHIBIT A Property Depiction Lc!1: L(Y 21. EL(_:L;K ' ' LOU'H SIDE ADDITION. AN ADDITION 'D 'HE CITY OF W'ICHI'A FALLS, L;L:I_111 .} E:<: ,L. .,L;L;0HL1INC C' HE f'L'S OF KECOHU IN VOLUME 3. PACE 17, '.IVIL;HI :+ L;UUfd .} I'L. I.EGUI,L1;. Lot 2: THE V. E'S- 10 FEET OF L(_:" 20. BLOCK 1'. L(_:I_I HL ILIE i-1)L11 ION TO THE CITY OF'V;'VICHI"A FALLS, I'L.'. iA,f.1L1 L1EL11L;. I(_:f1 LL. EL1 HA) (_:F I:EL;L:1-tL) IN VOLUME,3, I . .L:E I'L... I;E(_;(_:I:L]L (_:F ,:I(_;HI COUN '7 E's '. . (_, '.'•,HI(_:H I:EFEI:ENCE IS HERE MADE, L]EL.L;I;IE.EL} ..L HE Er,L. 0 FEET C:F LOT E. E.LL:L;K L:F HE c.HEPPAI;L) ICES •L]L]I IC.• N1 (.: HE GI .y (.:F ';'VI(_HI f FALLS. ';'VICHITA CoUN;Y, ;C ?C+ . 1.EL;L:1.L)EL) IN 1 I'ACE.,OC. ',:I(_;HI A L;L:I_I11 .} I'L.. HEL;(_:HLI . L.ot 3: LO" 2A., BLOCK . SHE I'PARC) ES"/CESADDIYI0N. AN AUDI 'ION"0-HE CI-YOFVv9CHI 'A FALLS. WICHIVA COUN "7 E:t::.L• +CCOHLUIfIC '0 HE FLA OF HECOHLU IN VOLUME 28. PACE 2(2. WICHIVA COUN—1 I'L I E(.;L.•HLI . PAGE 12 OF 14 PAGES AGENDA ITEM NO. 8.B EXHIBIT B General Project Description Construction of dedicated right turn lane on the north-side of Piedmont Place to include the associated drainage improvements and utility relocations if required and subsequent relocation of the northern traffic signal at the intersection of Kemp Boulevard and Piedmont Place and all required relocation of all necessary infrastructure related to the operation of the traffic signal The construction of this roadway will also conform to the standards and specifications as outlined in the adopted City Ordinances and Design Standards. All final plans and construction will be approved and accepted by the City of Wichita Falls Public Works Engineering Division and will be compliance with the designed plan and local standards. PAGE 13 OF 14 PAGES AGENDA ITEM NO. 8.B Wichita Falls - Developmet Agreement - 7Brew and CWF - Turn Lane and Traffic Signal Improvments 031025 7CE Revisions (Final Version) Final Audit Report 2025 ' C•eafed: 2025-03-10 By: Aubrey Siuler(aaorey:277=- r,. Slates: Signed CBIC-i_ . .n_ ... -_. _-Cta2s--jP}A "Wichita Falls - Developmet Agreement - 7Brew and CWF - Turn Lane and Traffic Signal Improvments - 031025 7CE Revisions Final Version)" History • Loam-lent created by Aubrey''tttlker iuLrbro, ( '=rev,.ce 1'1I 202.5-o2-'.i-10:57:17 PM GMT Docur�cnt 'la Ile to lt Oil dr.t burrlt rkoricird.o"ores: _orti lar si:naturo 2 _-5210-1V:G . ._ . [=Flail sent to anrlrorr:"redsk.y holding s.cr1 bourloed and could not be delivered 2)20-03-10-1©:57:i7 Pv sv- t Email viewed by Kendra Burris(kendra@l7crew.cam) 2025-03-10-11:20:59 PM GMT Document e-signed by Kendra Burris(kendra@7crew.can) S.gnature Dale:2025.00-11-0:06:42 AM GMT-Time Source:serve- Agreement completed. 2025-03-1 i-0fl6:42AM GMT Adobe Acrobat Sign PAGE 14 OF 14 PAGES AGENDA ITEM NO. 8.B CITY COUNCIL AGENDA March 18, 2025 ITEM/SUBJECT: Resolution approving a development agreement pursuant to Texas Local Government Code §212.071 with WinCo Foods, LLC, related to the construction of South Wenonah Avenue and associated utilities in the amount of up to $1 ,284,000 from Tax Increment Finance Zone #2 (TIF #2) funding. INITIATING DEPT: Development Services Department STRATEGIC GOAL: Accelerate Economic Growth STRATEGIC OBJECTIVE: Identify & expand economic development opportunities COMMENTARY: This item would approve an expenditure of up to $1 .284M of TIF #2 funds to support a public/private partnership (P3) with WinCo for the construction of S. Wenonah Ave from Kell Blvd south to Gregory Rd as part of the company's overall development of a new 84,000 square foot grocery store. The stated funds would reimburse WinCo for constructing that section of the road from their southern property line to Gregory Rd. Once completed, the P3 results in an approximately $800,000 - $1 ,000,000 savings to the taxpayers had the entire road section been bid and constructed by the city alone. Timeline • April 5, 2023 — The TIF #2 Board approves the allocation of all then-current and future funds towards the S. Wenonah project. • May 2, 2023 — City Council approves resolution accepting the allocation of the remaining TIF #2 funds for the S. Wenonah Avenue project. • December 2024 — WinCo, LLC bids road construction plans for S. Wenonah Avenue. • March 18, 2025 — City Council to consider a resolution approving a development agreement with WinCo, LLC, for the construction of a portion of S. Wenonah Avenue. Summary The new WinCo Grocery store represents over $30M in new investment in our community. WinCo anticipates completion of the store and roadway by August/September of 2025, depending on the weather. The main points of the performance agreement include: • A public/private partnership agreement to utilize WinCo funds and TIF #2 funds for the construction of S. Wenonah Avenue from Kell to Gregory Road; • The total expenditure of$1 .284M by the City/TIF2 is a not to exceed amount based on bids received by WinCo. PAGE 1 OF 11 PAGES AGENDA ITEM NO. 8.0 • The payment will be transferred in full when the roadway is completed and accepted by the city. • The portion of S. Wenonah adjacent to the WinCo property (Kell to the southern WinCo property line) is being constructed by WinCo at their expense, approximately $800,000. Additionally, sidewalks will be constructed by WinCo along their adjacent Kell frontage and along the entire section of S. Wenonah from Kell to Gregory on the east side of the roadway. Design is underway for the remainder of the S. Wenonah Avenue project from Gregory Road to Maplewood Avenue. The remaining available TIF #2 funds for the project, estimated at $2.7M by the end of 2025, will be utilized to construct this section. Cost estimates are not known at this time. City Council will consider and possibly award the project in late summer or early fall 2025 after bids are received. City staff and a representative from WinCo will attend the Council meeting to provide additional information and answer any questions. ® Director of Development Services ® Assistant City Manager ASSOCIATED INFORMATION: Resolution ® Budget Office Review ® City Attorney Review ® Interim City Manager Approval PAGE 2 OF 1 1 PAGES AGENDA ITEM NO. 8.0 Resolution No. Resolution approving a development agreement pursuant to Texas Local Government Code §212.071 with WinCo Foods, LLC, related to the construction of South Wenonah Avenue and associated utilities in the amount of$1.284 million from Tax Increment Finance Zone #2 (TIF #2) funding WHEREAS, Texas Local Gov't. Code §212.071 (a) provides that "...a municipality with 5,000 or more inhabitants may make a contract with a developer of a subdivision or land in the municipality to construct public improvements, not including a building, related to the development."; and, WHEREAS, on May 2, 2023, the City Council approved Resolution No. 49-2023 to accept the allocation of the remaining TIF #2 funds for the South Wenonah Avenue project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1 . The approval and funding of the following programs and expenditures as described below are approved: • A development agreement to utilize TIF #2 funding for the construction of a portion of South Wenonah Avenue to connect to Gregory Road as outlined in Exhibit 1 . • The total expenditure of $1 .284 million is a not to exceed amount based on bids conducted by WinCo. • The payment will be transferred in full when the roadway is completed and accepted by the City. 2. The Interim City Manager is authorized to execute this agreement in a form approved by the City Attorney. PASSED AND APPROVED this the 18th day of March 2025. MAYOR ATTEST: City Clerk PAGE 3 OF 1 1 PAGES AGENDA ITEM NO. 8.0 Exhibit 1 naNJ 005 104 .,,,Am =_ 3012 Erin11 3007 1.1, +07 5Da �Q Y 3 ++ 1n�SV-- AVENUE MO 3,5 F1 9 act VIM 5411EV - 3608 �Y`f � 3239 ++ ., 3 331 0ViV ' '311' 3 ►S V. + 3110 , NC-t' MEN 1 mg igin 015 e 3117 an AVENUEV �■ 0/1/1 1�O/H 3201 *TO aged am _ 3111 3301 0 ° Ill Q Proposed WinCo Location 0 a o o c I I af.. � GL1:5L'' MO . WM 321r d3207 Z WO e 1 amrii Z ND321 324-3 EiCIO AVENUE W 3303 GREGORY ST • u� m �11 ti 11 3305 • OrPr mgamsst '1 a ,r -121 ' 3 09 10 1, 1 709 1mrm fi - 09{1 3,31- 3316 MY 41 (I _ HAMPSTEAD LN m_ 3800 , I •0°1 %01J 3�401 Milt -gri Ea M Wag TARRY ST 3408 mil 3406 Mk7 k34Q6 gaw 7127 �l�. 0 dFmTh b gm y d it h.Y:!!Il 1 1 it - ,,..,,,��,,,,o� G , _ 3201 3513 Cm � Fm1IF1 95°2 sicv LY eii t, 515 1� LLJ 3201 'I"",r 3201 + Z 200, 300 330 2201 3509 Z 71 �4 0 �,� + r 1 3511 x l — " 1» W3 i 3513 _._'.1 Ea 3806 Q ,r q] 3606 M - I 1 _ ...I1 " ,, .,.' 6Q9 3618 3809 Y+ gaS wit k P- F, 3615 3619 +15 1' MAPLEWOdO AVEE ARIZONAAVE O -- J -a 611 p :08B Q I I I I I I I I 0 250 500 1,000 Feet g3 3510 +5° !4 South Wenonah Avenue Proposal Legend are OF WICHITA FALLS,PLANNING DIVISION MAP PRODUCED BY:Cehic Hu Future Wenonah Extension DATE PRODUCED=31 December 2024 ���. ..,. .,�_.:�r ,a. �.��.,...�.� Proposed Wenonah Extension e ;,1—:.'-�,:M.�;»R�.,. :::: . _ Subject Area PAGE 4 OF 11 PAGES AGENDA ITEM NO. 8.0 Docusign Envelope ID:A73F9198-50OD-4E24-9552-3A7EDA7E7953 DEVELOPMENT AGREEMENT BETWEEN WINCO FOODS LLC AND THE CITY OF WICHITA FALLS This Development Agreement ("Development Agreement') is made as of this 4t- day of March, 2025, between WinCo Foods, LLC (WinCo")and the City of Wichita Falls ("CW F"). WHEREAS, WINCo or its affiliate has acquired a +/- 13.17-acre tract of real property located in the City of Wichita Fails, Wichita County, Texas, as depicted on Exhibit A attached hereto (the "Property); and WHEREAS, in connection with WinCo's planned development of the Property into a grocery storelcommercial development (the 'Development"), CWF and WinCo agree that certain improvements to the adjacent right-of-way commonly known as "South Wenonah Avenue" are necessary to support the increased traffic anticipated as a result of the Development; and WHEREAS, subject to the conditions set forth herein, WinCo will construct the South Wenonah Avenue Street Improvements to extend from Kell Boulevard southward to Gregory Drive to include the associated drainage improvements and utility relocations (as defined below and collectively referred to herein as the "Improvements"); and WHEREAS, subject to the conditions set forth herein, CWF will reimburse WinCo for a portion of the costs WinCo incurs for constructing these Improvements as outlined in the agreement; and WHEREAS, this Development Agreement is being entered into under Texas Local Government Code 212.071 and CWF's duties to reimburse WinCo as provided herein shall not exceed $1-284 million of the total cost incurred by WinCo for bidding, performing the work and constructing the Improvements; and WHEREAS, CWF has sufficient funds on hand and appropriated to reimburse WinCo in accordance with this Development Agreement NOW, THEREFORE, for and in consideration of the mutual promises and agreements contained herein, the parties hereto do hereby agree as follows: I, WinCo Duties 1) WinCo agrees to provide the engineering design, permitting, bidding and construction of the Improvements as further specified in I. 1. a. & b. a) WinCo, at its sole expense, shall complete a portion of the Improvements between Kell Blvd. and South line of the Property, as described in the approved plans titled WinCo Footed Store No. 173 PAGE 5 OF 1 1 PAGES AGENDA ITEM NO. 8.0 Dmuggn Envelope I D:A73F919€ OD4E24-R552-3`ThDA7E7953 prepared by ISA-Civil. LLC and dated September, 23, 2024. Concrete material will be utilized for the paving portion of South Wenonah Avenue. b) WinCo shall complete a portion of the Improvements between the South line of the Property to Gregory Street, as in the approved plans titled Roadway Plans Wenonah Avenue prepared by JSA Civil, LLC and dated December 11, 2024. Upon substantial completion of this portion of the Improvements, WinCo shall submit a request for cost reimbursement to CWF. CWF will reimburse WinCo for 100%of the costs of this portion of the Improvements. 2) WinCo shall provide to CWF the contractor bid for that portion described in I. 2_ b_, of the Improvements to include a full schedule of values or line items_ II. CWF Duties 1. CWF will provide construction and materials testing for the Improvements to ensure the construction is in conformance with the approved plans_ 2. Upon substantial completion of the Improvements and final inspection, in accordance with the approved plans and acceptance by CWF, CWF shall reimburse WinCo for limited expenses incurred on portion B of the Improvements between the South line of the Property and Gregory Drive_ Limited expenses to be reimbursed by CWF shall include geotechnical work, hazardous materials testing, design and construction, including any necessary and approved change orders. The reimbursement amount shall be based on actual installed quantities and bid prices, not to exceed the agreed amount ►1.284 million. Payment will be distributed by CWF to WinCo in one lump sum payment upon substantial completion of the Improvements, final inspection and acceptance of the Improvements by CWF. III. Permits and Governmental Approvals. CWF hereby acknowledges that none of the obligations of WinCo set forth herein shall be binding against WinCo until such time as WinCo picks up and pays for all permits and obtains all necessary governmental approvals in connection with the Development. Notwithstanding anything to the contrary contained herein, CWF agrees that notwithstanding it is expressly agreed that nothing contained in this Development Agreement shall be construed to contain a covenant, either expressed or implied, to either commence the construction of a building or the operation of a business or thereafter continuously operate a business on the Property_ IV. License and Temporary Easement to Construct. CWF hereby grants WinCo, its agents, contractors, successors andior assigns, a license and PAGE 6 OF 1 1 PAGES AGENDA ITEM NO. 8.0 DacusIgn Enloeloim I0}:A.73F9196-50UD4E24-9552-3A713DA7E7953 3 temporary construction and grading easement to enter onto property of CWF and to regulate pedestrian and vehicular traffic to such areas during the construction of the Improvements and for all other purposes necessary to construct the Improvements. V. No Improvement District or Special Assessments. CFW shall not create a special assessment district for the purpose of assessing the Improvements 'dinCo is constructing pursuant to the terms of this Development Agreement. WinGo's construction of the Improvements as set forth herein represent the maximum liability of WinCo to fund and pay for such improvements. VI. Dedication and Acceptance. Subject to all of the other provisions of this Development Agreement and any exhibits hereto attached, to the extent any of the Improvements constructed pursuant to this Development Agreement are not considered already owned by CWF, WinCo shall, upon completion of any public improvements contemplated herein, unconditionally give, grant, convey and fully dedicate such improvements to CWF, its successors and assigns. All such improvements and perpetual maintenance thereof will be accepted by CWF according to CWF's standard specifications and otherwise in compliance with State law. VII. Term, The Improvements shall be complete within two years of the date WinCo picks up and pays for all permits and governmental approvals in connection with the Development. VIII. Insurance and Bond. a) WinCo or its contractor shall maintain commercial general liability insurance in an amount of $540,000 per occurrence. Current insurance certificates shall remain on file with CWF during the term of this Development Agreement. Policies shall provide OWE with a minimum of ten (10) days' notice cancellation, non-payment of premium, or non- renewal. The policy shall name and cover CWF as an additional insured an liability insurance policies, except for employers liability and include a waiver of subrogation in favor of CWF. b) WinCo shall furnish and maintain with CWF performance bonds in accordance with Texas Government Code Chapter 2253 in the amount of the cost of the Improvements. All bonding companies shall be listed on the U.S. Treasury list of approved sureties. All bonds shall be accompanied by a valid power of attorney authorizing the execution thereof. IX. Venue. This Development Agreement shall be governed by and construed according to the laws of the State of Texas, without giving effect to its choice of law principles. The parties agree that all actions and PAGE 7 OF 1 1 PAGES AGENDA ITEM NO. 8.0 Daxislgi Envelope ID:A73F'9196-00D-E24-9552-3A7FDA7E7953 4 proceedings arising out of or relating directly or indirectly to this Development Agreement or any ancillary agreement or any other related obligations shall be litigated solely and exclusively in the state or federal courts of Texas. X. Governmental Function Clause., All parties agree that this Development Agreement is one wherein the CWF is solely performing a governmental function. All parties expressly agree that the CWF is not engaging in any proprietary functions. Xl. Contractual Damages Limitation Clause. All parties agree that damages in this Development Agreement are limited only to those authorized under Texas Local Government Code Section 271.153. Specifically, CWF is not liable for consequential damages or exemplary damages. XII. Verification. I, {authorized official) Isaac Kimball , do hereby depose and verify the truthfulness and accuracy of the contents of the statements submitted on this certification under the provisions of Subtitle F, Title 10, Government Code Chapter 2270 and that the company named below: 1) does not boycott Israel currently; and 2)will not boycott Israel during the term of the contract; and 3) is not currently listed an the State of Texas Comptrolleras Companies that Boycott Israel List located at https:Ncomptroller.texas.govipurchasing/publicationsldivestment_php WinCo Foods, LLC Company Name Signature of Authorized Official SYP & cF3 2/26/2025 Title of Authorized Official Date PAGE 8 OF 1 1 PAGES AGENDA ITEM NO. 8.0 daaaskin Envelope I D:A73F9195-00D-4E24-95S2-3A;@DA.7E7953 S Executed this day of ,20_. WinCo Foods City of Wichita Falls 8vicJ 4� By: By: City Manager Printed Nance: =saac ririba-1 Attest: City Clerk Approved as to farm: City Attorney PAGE 9 OF 11 PAGES AGENDA ITEM NO. 8.0 D Env elope ID:A73F9d9&-5IMD-'1E24- 52-3A713DA7E7953 6 EXHIBIT A Property Depiction wile y N 1:?JS1VuJV1441 h. 3'iaSa r - twiEriut ILI' I ate „re ^ ,- ..t.x.ra j ale t; lini • I tat, Il®ti • ° w a ' n , r iYo`S4° w,u l 1 k m m m ± 7h14fi '47'.� 44. '}ir" km._'. . 14.1V. 541 IFE V• ( y GREGORYST -'n3l F r,a. ; aeik .. I•E LE', ['7u 1111100410 # xx EtSt to 1 w w iVid .F.Sir aPF' :1'' � ?I *pP° IIANIRmTEAI]LM flA] two ran; Zvi ii.q a)s: .T '�?.3GJ' ;---"In''mi"•:°i i•4 F"PLS. 3 ' . TJ4lIIRY STwa g F mixint " "+ + Pot H� � ..Y,, > .. - „�.,...�.., e,^ ' email lin AY } m i.r� o llGu' YS� .rizi: ` I � x :I .' I r ' I 1f 4A1 ilcTk 'sxlYh• Ps{°4 aL I :r,.. 'i J I I w.'Xw rvy .,�u F_II k:Gvw F-w !I C., M I W F.Y;.1 Y Y I R 4I g� M m7" aM_ 'O ' R h7 Ft r L 154::1. Ilav A���r�'A AVE :4 01'1114: ., '''"',,„ -, '' . 4111. i .s. .".I ".I1tY w ����Ill f rrl del 11 all Weronah Avenue Proposal Legend . Iry yi.r.rcl',NI-r+ I;11h 1 . '.:slR'MIAmaF4 PAGE 10 OF 1 1 PAGES AGENDA ITEM NO. 8.0 DoDusIgn E71Melope I D:A73F9196-61:OD- E24-9552-3A713DA7E7953 T EXHIBIT B General Prolect Description The construction of the project will extend from the intersection of Kell Freeway East and South Wenonah Avenue southward to the intersection of South Wenonah Avenue and Gregory Street, as depicted in Exhibit A_The project will include the construction of three lane collector street as outlined in the proposed project plans and in accordance with the City of Wichita Falls Thoroughfare Plan. The construction of this roadway will also conform to the standards and specifications as outlined in the adopted City Ordinances and Design Standards. All final plans and construction will be approved and accepted by the City of Wichita Falls Public'NO Its Engineering Division and will be compliance with the designed plan and local standards. PAGE 11 OF 11 PAGES AGENDA ITEM NO. 8.0