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Min 09/18/2018 City of Wichita Falls City Council Meeting Minutes September 18, 2018 Item 1 - Call to Order The City Council of the City of Wichita Falls, Texas met in regular session on the above date in the Council Chambers of the Memorial with the following members present. Stephen L. Santellana - Mayor Jesse Brown - Councilors Jeff Browning - DeAndra Chenault - Mitesh Desai - Eric West - Bobby Whiteley - Darron Leiker - City Manager Kinley Hegglund - City Attorney Marie Balthrop - City Clerk - - - - - - - - Mayor Santellana called the meeting to order at 8:30 a.m. - - - - - - - - Item 2a Invocation Christopher Yanker, Pastor, Trinity Lutheran Church, gave the invocation. - - - - - - - - Item 2b Pledge of Allegiance Mayor Santellana led the Pledge of Allegiance. - - - - - - - - Item 3a Proclamation 8:35 a.m. Mayor Santellana read a proclamation declaring September 22, 2018 as Walk to End educate, bring awareness and raise necessary funds everyone to come to Bud Daniel Park and participate in the walk, or if they know for assistance. - - - - - - - - Item 3b Proclamation National Arts and Humanities Month, Wichita Falls Alliance for Arts and Culture 8:38 a.m. Mayor Santellana read a proclamation declaring the month of October as National Arts and Humanities Month in Wichita Falls, TX and called upon our citizens to celebrate, support, and promote the arts and culture in our city. Margie Reese, Executive Director, Wichita Falls Alliance for Arts and Culture, thanked the Mayor and Council and city leaders for the recognition on behalf of all of the organizations represented. - - - - - - - - Item 3c Proclamation Hunger Action Month, Wichita Falls Area Food Bank 8:40 a.m. Mayor Santellana read a proclamation declaring the month of September as Hunger Action Month and urged everyone to continue assisting in the fight against hunger and poverty. Kara Nickens, CEO, Wichita Falls Area Food Bank, addressed the council and thanked them for helping bring awareness to the issue of hunger in our community, and asked everyone to help out by advocating, educating, volunteering or donating. - - - - - - - - Item 3d Presentation Recognition for Police and Fire Employees who participated in the 2018 Dallas 9/11 Memorial Stair Climb in honor of those Fire and Police personnel who died in the line of duty on September 11, 2001 8:43 a.m. Chief Reese addressed the council and recognized Wichita Falls Police Officers and Firefighters that participated in the 2018 Dallas 9/11 Memorial Stair Climb at the fifty-six story Renaissance Tower in downtown Dallas, TX. Officer Walter Vermillion, Officer Eron Awakuni, Sergeant Donald Miller, Firefighters Patrick Skjelstad, Justin McCord and Garrett Dowty, and Fire Equipment Operator Stuart Sutherland, climbed the fifty-six flights of stairs twice wearing full tactical gear or bunker gear, and carried the name, City Council Minutes September 18, 2018 Page 2 picture, and accountability tag of a firefighter or police officer killed in the September 11, 2001 attacks. Chief Reese thanked each of the gentleman for their participation. Mayor Santellana thanked the participants for taking part in this honorable event. - - - - - - - - Item 4-5 Consent Items 8:47 a.m. City Manager Darron Leiker gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Desai that the consent items be approved. Motion seconded by Councilor Chenault and carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Browning, Chenault, Desai, West and Whiteley Nays: None - - - - - - - Item 4 Approval of minutes of the September 11, 2018 Special Meeting of the Mayor and City Council. - - - - - - - Item 5 Receive Minutes Park Board, May 24, 2018 - - - - - - - Item 6a Public Hearing on the 2018-2019 Preliminary Budget 8:47 a.m. Mayor Santellana opened the public hearing at 8:47 a.m. Jim Dockery, Deputy City Manager, gave an overview of the budget process and proposed budget. The budget includes a tax increase that is due to the bond proposal passed in May for street improvements. Mr. Dockery discussed major changes in revenues and expenditures and stated that utility rates will remain the same with the exception of a six percent increase in sanitation fees. Mr. Dockery noted two typos that will be corrected in the budget narrative. Diane Krombel, 8 Freedom Circle, resident of District 5 addressed the council and stated that she is all for giving fire and police a pay raise, but she is a resident whose appraisal value went up $30,000, and all she hears is increase increase increase. Her husband works City Council Minutes September 18, 2018 Page 3 civil service, and civil service is not getting a pay increase this year. She asked that the council keep in mind that expenses are going up and most people are not getting pay increases. She also addressed the town hall meeting and stated that unfortunately the town hall meeting will be after the budget and tax rates are passed. Mayor Santellana thanked Ms. Krombel for attending and speaking at the public hearing. Mayor Santellana clarified that there is not any additional tax rate proposed except for the $.0239 due to the bond proposal that passed for street improvements. Mayor Santellana stated the purpose of the town hall meeting, reminded citizens that there were three opportunities to speak about the budget and tax rate prior to it being passed, and reiterated that his door is always open and there is no reason to not reach out to any council member or the City Manager and staff if you have questions or concerns. Ms. Krombel stated that the understanding in the community was that taxes were being increased both due to the street improvement bond proposal and for city employee raises. Mayor Santellana stated that the employee raises would be funded by additional sales tax revenue and not property tax. Ms. Krombel stated that there was miscommunication between the city council and citizens on this matter. Mayor Santellana stated that the city has used several avenues of communication to get the information out to the citizens, and encouraged all citizens with questions to reach out to the city council or staff. Mayor Santellana closed the public hearing at 9:01 a.m. - - - - - - - Item 6b Ordinance 39-2018 9:02 a.m. Ordinance adopting the Annual Budget for the fiscal year beginning October 1, 2018 and ending September 30, 2019, approving revisions to the FY 2017-2018 Budget, and declaring an emergency Moved by Councilor Chenault to approve Ordinance 39-2018. Motion seconded by Councilor Browning. Moved by Councilor Desai to adopt this budget that will raise more total property taxes than by $1,881,328 or 5.35 percent increase, and of that amount $275,235 is tax revenue to be raised from new property added to the tax roll this year. Motion seconded by Councilor Brown, and both motions carried with the following vote: Ayes: Mayor Santellana, Councilors Brown, Browning, Chenault, Desai, West and Whiteley Nays: None City Council Minutes September 18, 2018 Page 4 - - - - - - - Item 6c Ordinance 40-2018 9:04 a.m. Ordinance levying, assessing, and fixing the tax rate for the use and support of the Wichita Falls Municipal Government and providing for the Interest and Sinking Fund for the 2018-2019 fiscal year; and declaring an emergency. Moved by Councilor Desai that the property tax rate be increased by the adoption of a tax rate of $0.72988, which is effectively a 5.35 percent increase in the tax rate. Motion seconded by Councilor Brown. Jim Dockery, Deputy City Manager, stated that as discussed, the proposed property tax rate is a 5.35 percent increase and that this is due to growth in the tax base and the additional debt for the street improvements bond proposal passed in May. Councilor Brown acknowledged that there is sometimes a disconnect between the city council and the public, and that is sometimes due to the complexity of the subjects. Councilor Brown addressed the audience to discuss the property tax rate setting process. Councilor Brown discussed the effective rate, versus the tax rate being set and that even though the rate set is slightly higher than the effective rate, the rate being passed is exactly the same as last year with the exception of the increase from the bond passed in May. The council is not recommending any additional tax increase. Councilor Brown discussed the higher proposed tax rate that was published and the reason the higher rate was published, which was to allow the city council some leeway in the event of some unforeseen emergency situation, but that is not the rate the council is recommending. Councilor Brown stated that the reason the city is able to give a three percent cost of living allowance to employees this year is due to sales tax growth and we are thankful for this economic growth. Mayor Santellana stated that they do all they can to educate the public and the press does an outstanding job, but he would like to see if there is a way to simplify the process. Darron Leiker, City Manager, stated that the entire process and Ordinances drafted are all in compliance with state law, and required language, which is complicated. Jim Dockery, Deputy City Manager, stated that last year no adjustments were made to pay plans, and the prior year there was a one percent adjustment. Over the last three years there has been a four percent increase in pay plans. Motion passed with the following vote: Ayes: Mayor Santellana, Councilors Brown, Browning, Chenault, Desai, West and Whiteley City Council Minutes September 18, 2018 Page 5 Nays: None - - - - - - - Item 6d Ordinance 41-2018 9:11 a.m. Ordinance adopting the Five-Year Capital Improvement Plan for the Fiscal Year beginning October 1, 2018 and ending September 30, 2023 Moved by Councilor Desai to approve Ordinance 41-2018. Motion seconded by Councilor Brown and carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Browning, Chenault, Desai, and West Nays: Whiteley - - - - - - - Item 6e Ordinance 42-2018 9:14 a.m. Ordinance amending Ordinance 51-2017, the fee schedule applied to City operations; providing for severability and that such ordinance shall not be codified Moved by Councilor Desai to approve Ordinance 42-2018. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Browning, Chenault, Desai, West and Whiteley Nays: None - - - - - - - Item 6f Ordinance 43-2018 9:16 a.m. Ordinance partially closing, abandoning and vacating a 10-foot wide utility easement located in Lot 3-B, Block 7, of the Midwestern Park Addition, aka 4537 Maplewood Ave., Wichita County, Wichita Falls, Texas, which consists of approximately 2,112 square feet more or less as depicted and indicated on the attached Survey City Council Minutes September 18, 2018 Page 6 Moved by Councilor Desai to approve Ordinance 43-2018. Motion seconded by Councilor Chenault and carried with the following vote: Ayes: Mayor Santellana, Councilors Brown, Browning, Chenault, Desai, West and Whiteley Nays: None - - - - - - - Item 6g Ordinance 44-2018 9:19 a.m. Ordinance closing, abandoning, and vacating a 10-foot wide utility easement located in Lot 1, Block 1, of the Tesco T & D Center out of Abstract 425 and 302, aka 1121 Galveston St., Wichita County, Wichita Falls, Texas which consists of approximately 3,305 square feet more or less as depicted and indicated on the attached Field Notes and Plat Moved by Councilor Desai to approve Ordinance 44-2018. Motion seconded by Councilor Brown and carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Browning, Chenault, Desai, West and Whiteley Nays: None - - - - - - - Item 6h Conduct public hearing and take action on Ordinance 45-2018 9:21 a.m. Ordinance amending Chapter 106 Utilities Article 5 Division 3 On Site Sewage Facilities Sec 106-408 (3) and (7) in their entirety; providing a repealer clause; providing for inclusion, and providing for severability Mayor Santellana opened the public hearing at 9:22 a.m. Lou Kreidler, Director of Health, addressed the council and discussed the On Site Sewage Facility ordinance that has not been updated in nine years. Changes include required inspections upon selling the property, maintenance agreement changes, and the requirement for installers/maintenance providers to register with the city. There will be no charge for this registration. Homeowners will now be limited on the ability to maintain their own septic systems without proper training or licensing. Mrs. Kreidler discussed the requirement for maintenance providers to turn in their paperwork within City Council Minutes September 18, 2018 Page 7 fourteen days, and that state law requires that if paperwork is turned in late two times, the provider will be unable to issue new or renewal contracts. Contractors will be given notice after the first late submission, and a formal letter after the second late submission followed by suspension. Mrs. Kreidler stated that the Texas Commission on Environmental Quality has approved the proposed changes. There are 2630 septic systems in the City of Wichita Falls, and Wichita County, with 900 being aerobic systems that these changes apply to. Councilor West asked how notifications were made, other than the newspaper posting. Mrs. Kreidler stated that letters were sent out to all area installers that have maintenance contracts in our area, and to cities. Councilor West asked how a suspension affects the homeowner. Mrs. Kreidler stated that if a homeowner has an active maintenance agreement with a contractor, then the homeowner will not be affected by a suspension. If the homeowner performs their own maintenance and fails to turn in required paperwork, then the homeowner will be required to stop their own maintenance and obtain a maintenance provider. Mayor Santellana closed the public hearing at 9:29 a.m . Moved by Councilor Brown to approve Ordinance 45-2018. Motion seconded by Councilor Desai and carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Browning, Chenault, Desai, West and Whiteley Nays: None - - - - - - - Item 6i Ordinance 46-2018 9:30 a.m. Ordinance making an appropriation to the Special Revenue Fund for the Women Infant and Children (WIC) Program in the amount of $83,871 received from the Department of State Health Services and authorizing the City Manager to execute contract accepting same Moved by Councilor Desai to approve Ordinance 46-2018 Motion seconded by Councilor Chenault and carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Browning, Chenault, Desai, West and Whiteley Nays: None City Council Minutes September 18, 2018 Page 8 - - - - - - - Item 7a Resolution 96-2018 9:35 a.m. Resolution allowing one (1) trustee property, 1407 N. Rosewood Rear, to be sold for less than the total amount of the judgement against said property as authorized by Section 34.05(i) of the Texas Tax Code. Moved by Councilor Desai to approve Resolution 96-2018. Motion seconded by Councilor Brown and carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Browning, Chenault, Desai, West and Whiteley Nays: None - - - - - - - Item 7b Resolution 97-2018 9:38 a.m. Resolution approving the programs and expenditures of the Wichita Falls Economic Development Corporation (WFEDC) and amending the budget to include up to $91,770 for Braun Intertec to prepare an Affected Property Assessment Report for the former ATCO Structures USA site located at 2400 Burkburnett Road. Moved by Councilor Desai to approve Resolution 97-2018. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Browning, Chenault, Desai, West and Whiteley Nays: None - - - - - - - Item 7c Resolution 98-2018 9:45 a.m. Resolution accepting the Downtown Development Steering Committee Recommendations and directing Staff to begin implementation. Moved by Councilor Brown to approve Resolution 98-2018. City Council Minutes September 18, 2018 Page 9 Motion seconded by Councilor Desai. Paul Menzies, Assistant City Manager, addressed the council and discussed the Downtown Steering Committee recommendations. Mr. Menzies stated that approval of this item does not change any regulations, it simply directs staff to move forward with recommendations from the Downtown Development Steering Committee that have been developed over the last 18 months. Following are the eight recommendations from the Regulatory subcommittee: 1. Realign zoning districts in the greater downtown area 2. Update the Central Business District regulations 3. Develop an overlay district for the downtown area 4. Adopt the International Property Maintenance Code in the greater downtown area 5. Direct code enforcement efforts in downtown 6. Revise regulations for the existing River Development District 7. Resolve parking issues in the downtown area 8. Incorporate a schedule of the development process in the Project Development Guide. Recommendations of Finance sub-committee: 1. 2. Either enhancement of the existing Downtown Improvements Grant to assist with potential costs to the property owners for compliance or the creation of a new program. 3. The Downtown Tax Increment Financing District (TIF 4) should be activated so that the Board might establish their priorities for funding activities under the TIF #4 plan. 4. Consideration be given to the creation of a Business/Public Improvement District (PID). This would be petitioned by business owners and property owners downtown, and not by the city. Recommendations of Streetscapes sub-committee: th 1. Focused Street improvement on 8 Street from Indiana to Scott. Motion carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Browning, Chenault, Desai, West and Whiteley Nays: None - - - - - - - City Council Minutes September 18, 2018 Page 10 Item 7d Resolution 99-2018 9:58 a.m. Resolution approving the programs and expenditures of the Wichita Falls 4B Sales Tax Corporation Budget for Fiscal year 2018-2019. Moved by Councilor Desai to approve Resolution 99-2018. Motion seconded by Councilor Chenault and carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Browning, Chenault, Desai, West and Whiteley Nays: None - - - - - - - Item 7e Resolution 100-2018 10:09 a.m. Resolution authorizing the City Manager to execute an Advance Funding Agreement (AFA) with the Texas Department of Transportation for the construction of a shared use path from Loop 11 to Lucy Park in the amount of $67,552 Moved by Councilor Chenault to approve Resolution 100-2018. Motion seconded by Councilor Brown and carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Browning, Chenault, West and Whiteley Nays: None Councilor Desai did not vote as he had left the meeting, and returned after the vote had been taken. - - - - - - - Item 7f Resolution 101-2018 10:11 a.m. Resolution authorizing the City Manager to execute an Advance Funding Agreement (AFA) with Texas Department of Transportation for the construction of a shared use path along Lake Wichita, West of Lake Wichita Park, in the amount of $45,862 Moved by Councilor Desai to approve Resolution 101-2018. City Council Minutes September 18, 2018 Page 11 Motion seconded by Councilor Brown and carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Browning, Chenault, Desai, West and Whiteley Nays: None - - - - - - - Item 8 Items of Concern to Members of the City Council 10:12 Members of the City Council presented the following matters: Councilor Desai thanked everyone for attending, and encouraged everyone to attend the town hall meeting. Go Huskies! Councilor Chenault thanked everyone for attending. Councilor Whiteley addressed the 3% cost of living allowance and stated that although this is a good increase he wished there was more we could do this year. Councilor Whiteley promised that throughout the next year he would continue to look at the pay issue, and stated that our employees are our number one asset. Councilor West discussed miscommunication/misinformation that was brought up earlier. Ms. Krombel stated earlier that there is a disconnect between citizens and the local government, and he agrees, but asked that citizens use the council to discuss any concerns. Used example of letter to the editor on Lake Wichita and discussed misinformation on funding stated in this letter. If you see things and you are concerned please contact your district councilor, at-large, or Mayor. Councilor West also discussed a news interview he gave on the tax rate, and discussed that news clips are limited and do not always tell the entire story, although he places no blame on the reporters. Councilor West again asked for citizens to reach out to city staff or city council and be informed. Mayor Santellana discussed that there is a gap in communication, but there are responsibilities on both sides. He encouraged citizen responsibility and for citizens to tutional right to have an opinion, but he discouraged misinformed attacks. Mayor Santellana encouraged everyone to attend the town hall meeting at 6:00 p.m. tonight at the Ray Clymer Exhibit Hall seminar room. - - - - - - - City Council Minutes September 18, 2018 Page 12 Item 9 Comments from the Public to Members of the City Council Concerning Items That Are Not on the City Council Agenda. 10:20 There were no comments from the public. - - - - - - - Item 10 Executive Sessions (a) City Council went into Executive Session at 10:19 a.m. in accordance with Texas Government Code §551.087, to discuss or deliberate the offer of a financial or other incentive, including modification to an existing agreement, for 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; and Texas Government Code §551.071, consultation with attorney on matter involving pending or contemplated litigation or other matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act. City Council reconvened at 11:16 a.m. Mayor Santellana announced that no votes or polls were taken. - - - - - - - Item 11 Adjourn Mayor Santellana adjourned the meeting at 11:16 a.m. nd PASSED AND APPROVED this 2 day of October, 2018. ________________________________ Stephen L. Santellana, Mayor ATTEST: ____________________________________ Marie Balthrop, TRMC, CMC City Clerk City Council Minutes September 18, 2018 Page 13