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Min 05/07/2019 City of Wichita Falls City Council Meeting Minutes May 7, 2019 Item 1 - Call to Order The City Council of the City of Wichita Falls, Texas met in regular session on the above with the following members present. Stephen L. Santellana - Mayor DeAndra Chenault - Mayor Pro Tem Tim Brewer - Councilors Jeff Browning - Steve Jackson - Darron Leiker - City Manager Kinley Hegglund - City Attorney Marie Balthrop - City Clerk Absent: Eric West - Councilor District 1 Bobby Whiteley - Councilor At-Large - - - - - - - - Mayor Santellana called the meeting to order at 8:30 a.m. - - - - - - - - Item 2a Invocation Tim Brewer, Councilor District 4, gave the invocation. - - - - - - - - Item 2b Pledge of Allegiance Mayor Santellana led the Pledge of Allegiance. - - - - - - - - Item 3a Employee of the Month Brenda Beltran, WIC Health Department 8:32 a.m. Lou Kreidler, Director of Health, recognized Brenda Beltran as the Employee of the Month for May 2019. Mayor Santellana congratulated Ms. Beltran and presented her with a plaque, letter of appreciation, restaurant voucher, and check, and thanked her for her service. - - - - - - - - Item 3b Proclamation Stamp Out Hunger Day, Wichita Falls Area Food Bank 8:37 a.m. Mayor Santellana read a proclamation proclaiming May 11, 2019 as Letter Carriers Stamp Out Hunger Food Drive Day in Wichita Falls and asks our community to join in this special observance by making a donation to the Wichita Falls Area Food Bank. - - - - - - - - Item 3c Proclamation National Bike Month, Bicycle Friendly Community Application Team 8:41 a.m. Mayor Santellana read a proclamation proclaiming May as National Bike Month in Wichita Falls and encouraged all citizens to join in this special observance. - - - - - - - - th Item 3d Proclamation 50 Office 8:45 a.m. Mayor Santellana read a proclamation proclaiming May 5-11, 2019 as Municipal Clerks Week, extended his appreciation to Marie Balthrop, City Clerk and Amanda Ruddy, Deputy City Clerk, and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they serve. - - - - - - - - Mayor Santellana recognized Truitt Copeland Mayor for the Day, and thanked him and his mother for attending the meeting. - - - - - - - - Item 4-6 Consent Items 8:52 a.m. City Council Minutes May 7, 2019 2 City Manager Darron Leiker gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Brewer to approve items on the consent agenda. Motion seconded by Councilor Chenault and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, and Jackson Nays: None Item 4 Approval of minutes of the April 16, 2019 Regular Meeting of the Mayor and City Council Item 5 Resolutions (a) Resolution 40-2019 authorizing the City Manager to purchase a Baldor Blower Motor for the Aeration System at the Wichita Falls Resource Recovery Facility from Evans Enterprises, Inc., in the amount of $58,105. (b) Resolution 41-2019 authorizing the City Manager to award bid and contract for the 2019 Alley Rehabilitation Project to Cage Construction and Management Co. dba Gary Baker Construction in the amount of $303,349.00. Item 6 Receive Minutes Minutes of the following boards and commissions were received: (a) MPO-TAC, January 17, 2019 (b) MPO-TPC, January 30, 2019 (c) Wichita Falls 4B Sales Tax Corporation, February 4, 2019 (d) Wichita Falls Economic Development Corporation, March 21, 2019 (e) Landmark Commission, March 26, 2019 - - - - - - - Item 7a Ordinance 09-2019 8:53 a.m. Ordinance authorizing the emergency purchase and installation of a Freight Elevator at Memorial Auditorium from Aspen Elevator, Inc. in the amount of $107,125 and appropriation of expenditure up to $130,000 to complete this project. Moved by Councilor Chenault to approve Ordinance 09-2019. Motion seconded by Councilor Browning and carried by the following vote: City Council Minutes May 7, 2019 3 Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, and Jackson Nays: None - - - - - - - Item 7b Ordinance 10-2019 8:56 a.m. Ordinance making an appropriation to the Special Revenue Fund for HIV Prevention in the amount of $58,650 received from the Department of State Health Services and authorizing the City Manager to execute contract accepting same. Moved by Councilor Chenault to approve Ordinance 10-2019. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, and Jackson Nays: None - - - - - - - Item 7c Ordinance 11-2019 8:58 a.m. Ordinance making an appropriation to the Special Revenue Fund for Public Health Emergency Preparedness in the amount of $120,556 received from the Department of State Health Services and authorizing the City Manager to execute contract accepting same. Moved by Councilor Chenault to approve Ordinance 11-2019. Motion seconded by Councilor Jackson and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, and Jackson Nays: None - - - - - - - Item 7d Ordinance 12-2019 9:00 a.m. Ordinance appropriating $12,978.36 to the Special Revenue Fund for additional grant revenue from the State of Texas for the Texas Department of Transportation Selective City Council Minutes May 7, 2019 4 2019 and authorizing the City Manager to accept said funds. Moved by Councilor Chenault to approve Ordinance 12-2019. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, and Jackson Nays: None - - - - - - - Item 7e Ordinance 13-2019 9:03 a.m. Ordinance appropriating $392,418.26 to the Special Revenue Fund from the Office of the Governor, Criminal Justice Division, FY 2019 NCS-X Implementation Assistance Program, Grant Number 3712501 and authorizing the City Manager to accept said funds. Moved by Councilor Brewer to approve Ordinance 13-2019. Motion seconded by Councilor Jackson and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, and Jackson Nays: None - - - - - - - Item 7f Ordinance 14-2019 9:06 a.m. Ordinance amending the FY 2019 Public Transportation Budget in an amount of $52,611 for after-hour public transportation services. Moved by Councilor Chenault to approve Ordinance 14-2019. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, and Jackson Nays: None - - - - - - - City Council Minutes May 7, 2019 5 Item 8a Resolution 42-2019 9:10 a.m. Resolution of the City of Wichita Falls to establish and appoint members to a 2020 Census Wichita Falls Complete Count Committee (WFCCC) to plan and conduct local educational initiatives, publicity and promotional activities to increase community awareness and participation in the upcoming 2020 U.S. Census. Moved by Councilor Chenault to approve Resolution 42-2019. Motion seconded by Councilor Jackson. Karen Montgomery-Gagné, Planning Administrator, presented information about the 2020 Census, and explained the importance of collecting accurate data, ways the census has been improved with technology, how the census information impacts the city, and the confidentiality of the data. Mayor Santellana expressed his concern for obtaining accurate counts in our hard to count tracts, and the importance of accurate population counts. Ms. Montgomery-Gagné introduced Pat Daughtery, Partnership Specialist Dallas Regional Census Office, who will be working closely with the Wichita Falls Complete Count Committee. Motion carried with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, and Jackson Nays: None - - - - - - - Item 8b Resolution 43-2019 9:18 a.m. Resolution approving the programs and expenditures of the Wichita Falls 4B Sales Tax Corporation Board of Directors and amending the budget to include funding up to $65,000 to 922 Indiana, LLC for infrastructure improvements at 922 Indiana Street. Moved by Councilor Chenault to approve Resolution 43-2019. Motion seconded by Councilor Browning. Jim Dockery, Deputy City Manager, discussed the recommendation for continuation of funding and scope of work changes to this project. City Council Minutes May 7, 2019 6 Councilor Browning asked if it was correct that this project had been ongoing over the past two years. Jim Dockery, Deputy City Manager, confirmed that the initial project started in 2017, and discussed issues that caused changes in the scope of work. Beau Dameron, Legacy 922, addressed the Mayor and Council and discussed the initial plans, timelines, and reasoning for the changes in the scope of work. One obstacle he noted was the need for architectural/engineering plans required by city ordinance, due to the size of the building, that took fifteen months to obtain. The current plan is to move forward with this property serving as a retail space once a certificate of occupancy is received. There was brief discussion about requirements to receive a certificate of occupancy, which will be when the building is rentable. Councilor Browning asked about the details of the performance agreement and if the 4B Board was in the position to be giving funds to businesses that are not open yet. Jim Dockery, Deputy City Manager, discussed the goals of 4B and addressed other projects that utilized the same funding structure in the past to revitalize buildings downtown. Darron Leiker, City Manager, discussed that the philosophy of the 4B Board is that although they hope the business is successful, the funds will ensure good infrastructure in our historic buildings downtown for future use as well. Councilor Brewer asked Mr. Dameron how much he had invested in the project and Mr. Dameron stated that he has invested around $170,000 outside of the sprinkler system. Anthony Carlisle, 1638 Pearl Ave, stated that he feels the way the 4B Board spends the money downtown is ridiculous, and this project is a perfect example holding up 4B money for fifteen months. Mr. Carlisle stated that every time the 4B gives money the businesses receiving money come back in two years asking for more money or have closed and he feels the board does a horrible job handing out this money. Darron Leiker, City Manager, stated that this project encumbrance has not held up any other 4B funding or project and the funds have not been paid out. Jim Dockery, Deputy City Manager, stated that there are around twelve to fourteen revitalization projects that the 4B have funded and at least ten of them have been completed, with only a few being delayed. Mayor Santellana discussed the difference between the 4B encumbering money versus paying out money and the requirements that must be met before funds are paid out. Mayor Santellana respectfully disagreed with Mr. Carlisle and stated that he feels that the 4B Sales Tax Board has done an excellent job selecting which projects to fund. Darron Leiker, City Manager, stated that the success of these projects has been evidenced through property values and improvements to the buildings. Anthony Carlisle, 1638 Pearl Ave, addressed the council and inquired about the money given to Gatehouse Capital, and how they pulled out of the project. So he disagreed that all City Council Minutes May 7, 2019 7 of the projects are successful and that the money is spent wisely, since Gatehouse did not want to do business with the City. Motion carried with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, and Chenault Nays: Councilor Jackson - - - - - - - Item 8c Resolution 44-2019 9:35 a.m. Resolution approving the programs and expenditures of the Wichita Falls 4B Sales Tax Corporation Board of Directors and amending the budget to include funding up to $17,500 to Lloyd Lovely for infrastructure improvements at 914 Scott Street related to an exercise studio. Moved by Councilor Chenault to approve Resolution 44-2019. Motion seconded by Councilor Browning Jim Dockery, Deputy City Manager, discussed the request versus the approved expenditure, and clarified that the funds will only be granted for use to renovate the exercise studio portion of the building, and the amount of the expenditure was substantially reduced from the amount initially requested. Mr. Dockery also discussed the performance agreement requirements, and that this project is another instance of bringing a historical building up to code and improving infrastructure for future use. Mayor Santellana stated that as the liaison of the 4B Board he wants to reiterate that these type of projects are exactly what these funds are to be used for, and the 4B Board does an excellent job culling through the projects and presenting the best projects for funding to the City Council. In 1997, the 4B Sales Tax Corporation was approved by voters for a quarter percent of sales tax dollars collected to be used for these purposes. Darron Leiker, City Manager, added that this is hallmark of the Strategic Plan to revitalize downtown and many other cities with successful downtown areas across the nation do these type of projects because they work. Mayor Santellana stated that we beg for growth and quality of life projects, and we are charged with this by the public to encourage growth and quality of life and retention of millennials to grow our population. The projects being accomplished are exactly what these funds have been collected to do. Not every project may be a success but we are improving our infrastructure downtown for future use of the building. City Council Minutes May 7, 2019 8 Motion carried with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, and Chenault Nays: Councilor Jackson - - - - - - - Item 8d Resolution 45-2019 9:43 a.m. concrete and flowable fill to Ingram Concrete, LLC in the amount of $446,075.00. Moved by Councilor Chenault to approve Resolution 45-2019. Motion seconded by Councilor Browning and carried with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, and Jackson Nays: None - - - - - - - Item 8e Resolution 46-2019 9:45 a.m. Amend its Distribution Cost Recovery Factor pursuant to 16 Tex. Admin. Code §25.243 to increase distribution rates within the City rate case expenses shall be reimbursed by the Company; finding that the meeting at which this resolution is passed is open to the public as required by law; requiring notice of this resolution to the Company and legal counsel. Moved by Councilor Chenault to approve Resolution 46-2019. Motion seconded by Councilor Browning. Kinley Hegglund, City Attorney, discussed the Oncor Electric Delivery filing to increase their distribution ratesrship in the steering committee, how the steering committee serves Wichita Falls and other member cities, and the reasons for the City Council to vote to deny the increased distribution rates. Motion carried with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, and Jackson City Council Minutes May 7, 2019 9 Nays: None - - - - - - - Item 8f Resolution 47-2019 9:49 a.m. Resolution authorizing the Wichita Falls Public Transportation Division to provide free transportation to local youth utilizing the various Wichita Falls Public Library summer reading programs. Moved by Councilor Chenault to approve Resolution 47-2019. Motion seconded by Councilor Browning. John Burrus, Director of Aviation, Traffic and Transportation, addressed the council and addressed this very worthwhile project brought forward by Michael Smith that will assist our youth to participate in summer reading programs, and will be of no additional cost to the City, other than the loss of fares. Michael Smith, 4312 Berwick, addressed the council and stated that this project is so wonderful. Mr. Smith serves on the Education Committee and the task force that has been formed to enhance learning and overcome adverse effects on children and adults. The various summer library programs offer an opportunity to provide transportation to children that would otherwise not be able to attend. Mr. Smith expressed his appreciation to John Burrus and his staff for their work on this project and for their enthusiasm. Mayor Santellana stated that it is a wonderful idea and he is glad Mr. Burrus was excited to assist. Mayor Santellana stated that not everyone can afford to take off work or have the means to get children to these programs, and all children can benefit from these programs. Councilor Jackson expressed his appreciation to Mr. Smith and Mr. Burrus for their work on this project. Motion carried with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, and Jackson Nays: None - - - - - - - Item 9a(1) Staff Reports National Travel and Tourism Week Lindsay Barker, CVB City Council Minutes May 7, 2019 10 9:56 a.m. Lindsay Barker, Director of Convention and Visitors Bureau, addressed the council highlighting National Travel and Tourism Week and discussed how travel and tourism impacts our community. on travel impact figures showed substantial increases in direct travel spending from 2017 to 2018 by 6.2% which equals an approximate $14 million increase in spending, for a total of $239,950,000 for Wichita County. Wichita Falls MSA direct travel spending increased from 2017-2018 increased 6.6% for almost $16.5 million increase for a total of $264,807,000. First quarter hotel and motel tax revenues have increased and the hotel/motel occupancy rate has increased as well. Ms. Barker discussed local events being held to celebrate National Travel and Tourism Week. There is a scavenger hunt, Instagram take over, and Travel Rally Day on Friday at the Travel Information Center on I-44. Ms. Barker recognized the CVB staff for their hard work and shared a short video highlighting why travel matters. - - - - - - - Item 9a(2) Staff Reports Fire Department Training Academy Christi Klyn, HR Director 10:02 a.m. Christi Klyn, Human Resources Director, addressed the council and discussed the current fire fighter vacancies and the need to post for applicants to apply for these positions and provide testing. This needs to be accomplished around the end of June or first of July, which is around the time the new budget is in the final processes. Staff needs direction from the City Council on how to move forward. Ms. Klyn presented information on the history of the Fire Academy. In fiscal year 2016/2017 a proposed cost savings was brought forward to move the Fire Academy from Wichita Falls to the Vernon College academy at approximately a $220,000 cost savings. The savings came in the form of salary and benefit savings paid to recruits. In fiscal year 2018/2019 it was discovered that the savings was not as high as expected due to overtime costs due to the Vernon College academy is approximately 90 days longer than the in house academy. Staff is proposing moving the academy back in house, and adding the salary and benefit costs for recruits back into the 2019-2020 fiscal budget. Interim Chief Hughes discussed issues with recruitment since the change in the academy. There have been issues finding recruits that are willing to work all day and attend night/weekend classes, current firefighters have less time to engage with the recruits, testing is delayed, and the Vernon College Academy takes longer to complete. This results in more overtime costs to cover the positions that are vacant. With the Vernon College Academy there is also a gap in the vital link between school and preparing them for station life, and this is causing retention issues. Training with firefighters in house gives the recruits more exposure to ensure they are ready for the firefighter way of life. The proposed academy would be 24 weeks, and would be held at City Council Minutes May 7, 2019 11 would be paid and receive full benefits. Councilor Jackson asked how many positions the fire department is short. Interim Chief Hughes stated currently there are 12 open positions with a total of 15 in the near future. Jim Dockery asked for clarification on the timeline of testing with both options and the benefits on moving in-house to more quickly fill the vacancies. Darron Leiker, City Manager, stated that staff needs to know if there are any City Council concerns as this item will be included in the budget and staff will move forward with posting for the recruitment process that will lock us into the upcoming budget request. Moving in house would allow completion Matthew Childs, Legislative Director with Wichita Falls Professional Fire Fighter Association, addressed the council and stated the association is 100% behind moving the academy back in house. Mr. Childs stated the results are a much more qualified recruit when the academy is in house. Jimmy Young, 4829 Angelina, addressed the council and thanked Interim Chief Hughes for trying to move this program back in house. As an instructor he truly feels that this is the best option for our citizens and as an instructor he is committed to this process. Ms. Klyn stated that the intent is to post the notice within the next week, so please reach out to her if you have any concerns or hesitation to the change. Jim Dockery, Deputy City Manager, discussed the initial cost savings realized with the move to the Vernon College Fire Academy, and how that savings reduced over time due to overtime costs. - - - - - - - Item 9b(1) Items of Concern to Members of the City Council, Wichita Appraisal District Property Valuation 10:17 a.m. Mayor Santellana discussed the misinformation on property tax appraisals that has been going around, and the duty of the city, which is to set the city tax rate. Mayor Santellana discussed the misinformation that has been put out insinuating that the city has influence over property tax values, and how that is untrue. The appraisal district has a specific process used for appraisals and they are audited. The City Council duty is only to set the city Mayor stated that he has no intentions of getting involved in the process since that is The City has two appointed members on the Appraisal Board to set policy, and have no influence over appraisal values. Mayor Santellana discussed the appeals process, and questions that have been brought to him via other council members. Mayor Santellana City Council Minutes May 7, 2019 12 stated that no matter how many times he gets called out he has no intention of suing the Appraisal District. Lisa Stephens-Musick, Chief Appraiser, addressed the City Council, and discussed how appraisal districts were created, and the reason they were created was to take politics out of the appraisal process, and equalization of value specifically for school districts. Ms. Stephens-Musick discussed the audit requirements and how the school districts suffer and can potentially lose school funding if property is appraised under value. The job is to follow the market when appraising property. The City has not seen a decrease in values over the past five years. She addressed rumors of collusion between the appraisal district and city leaders and she stated these rumors are not true. Appraisers must take ethics classes every two years to renew their license, and as the chief appraiser she must take a chief appraiser ethics class yearly to ensure that politics are taken out of the equation. Councilor Jackson stated that he appreciated Ms. Stephens-Musick meeting with him last week. He stated his issue is with undeveloped land that belongs to his family that has increased substantially in value from $2,752 in 2005, $15,000 in 2017, and is currently valued at $18,000. It is four and a half acres of undeveloped land and he does not understand the justification for this increase. Ms. Stephens-Musick stated that acreage increases in value substantially from the value at time of purchase, especially the first year protest for this property. Ms. Stephens-Musick discussed the Board of Directors and their duties, versus the appraisal review board, and the appraisers. Lisa encouraged property owners to submit a protest and supply evidence if they feel their property has been overvalued, and discussed the protest process. Councilor Jackson encouraged everyone whose property taxes went up to protest it and go through the proper channels. Ms. Stephens-Musick corrected that the Appraisal Districts role is not property taxes, but property values. Councilor Chenault asked what phone number citizens can call for assistance. Ms. Stephens-Musick stated the Appraisal District phone number is (940) 322-2435 and encouraged that property owners visit their website. Mayor Santellana stated that he feels the council has been dragged into this discussion, but in his opinion it is most important that politics be left out of the process, without threats of lawsuits. Wichita Falls has had modest growth in values over the past few years, and reiterated that the Appraisal Board is there for property values, not taxes. increased 2.6% and preliminary numbers before protests this year are just under 3.5% and that includes new growth. Ms. Stephens-Musick stated that in light of the 4B discussions today she checked with her office and in 2018 the city had $2.1 million of additional values in the downtown area City Council Minutes May 7, 2019 13 due to the revitalization process, and this year they anticipate an additional $2 million of additional values in the downtown area. Darron Leiker, City Manager, recognized the Appraisal District for achieving the International Association of Assessing Officers Distinguished Award and pointed out that they are one of eleven districts in Texas and one of forty-four in the world to achieve this. Councilor Jackson encouraged those that want to protest to go through the proper channels. Councilor Brewer stated that he enjoyed the Fire Department Retirement Banquet and thanked them for the invitation. Councilor Chenault thanked everyone for attending and Happy Mo the mothers. - - - - - - - Item 10 Comments from the Public to Members of the City Council Concerning Items That Are Not on the City Council Agenda. 10:10 a.m. Anthony Carlisle, 1648 Pearl Ave, stated that last Friday he got hit and the person did not stop. The driver was driving a Budget Car rental, so he followed them because he was going to turn in the vehicle. Mr. Carlisle called 911, a cop showed up, but no incident report or accident report was provided. Mr. Carlisle feels that if a police officer responds to a 911 call there should be a report made. Then Mr. Carlisle discussed and accident he had on Holliday and Keeler last year. A motorcycle struck him from behind and under the seat of the motorcycle was a towel wrapped up, and there were boxes strapped to the back of the motorcycle. Mr. Carlisle stated he nor the officers could see what was in the towel or boxes, but stated that we wonder why the drug problem is so bad in this town. He felt the response was unbelievable and the police did not take control over the scene. Kevin Hunter, 1647 Hursh, addressed the council and addressed the notice in the newspaper from the school district that stated the appraisal values were up $144 million dollars or 3% and asked if that was normal. It was stated that on average over the last ten years values has increased less than 3%, but this year for the City it is slightly under 3.5%. Mr. Hunter discussed his house value being up $29,000 and the current tax rates, and depending on how much of the school bond passes, his taxes have increased twenty percent. Mr. Hunter stated eighty-six percent of taxpayers are 55 and over winding things down and he is concerned how much more they can take. Mr. Hunter stated that Monty with the appraisal district has been very professional with him and he appreciates that. He has been a homeowner in this town since 1993 and he sees trends in Wichita Falls that he wanted to address. Personally he does not see the City Council Minutes May 7, 2019 14 values going up, and discussed homes where values have gone up, but he does not believe the homes will sell for what they are appraised for. Mr. Hunter has spent time on the appraisal district website and stated it is very informational. Mr. Hunter thanked the council for their time. - - - - - - - Item 11 Executive Session 10:43. No executive session was held. - - - - - - - Item 12 Adjourn Mayor Santellana adjourned the meeting at 10:43 a.m. st PASSED AND APPROVED this 21 day of May, 2019. ________________________________ Stephen L. Santellana, Mayor ATTEST: ____________________________________ Marie Balthrop, TRMC, CMC City Clerk City Council Minutes May 7, 2019 15