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Min 09/03/2019 City of Wichita Falls City Council Meeting Minutes September 3, 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 - 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 th Ken Holsberry, Pastor, 10 & Broad Church of Christ, gave the invocation. - - - - - - - - Item 2b Pledge of Allegiance Mayor Santellana led the Pledge of Allegiance. - - - - - - - - Item 3a Employee of the Month Jimmy Young, Fire Department 8:32 a.m. Ken Prillaman, Fire Chief, recognized Jimmy Young as the Employee of the Month for September 2019. Mayor Santellana congratulated Mr. Young and presented him with a plaque, letter of appreciation, restaurant voucher, and check, and thanked him for his service. - - - - - - - - Item 3b Proclamation National Literacy Day, Wichita Adult Literacy Council 8:34 a.m. Mayor Santellana read a proclamation proclaiming September 8, 2019 as National Literacy Day in Wichita Falls and asked the public to take awareness of the necessity and value of adult literacy and education because the need for literate citizens is undeniably essential. - - - - - - - - Item 3c Proclamation National Emergency Preparedness Month, Wichita Falls Emergency Management Office 8:36 a.m. Mayor Santellana read a proclamation proclaiming September 2019 as National Emergency Preparedness Month in Wichita Falls and encouraged all citizens to take preparedness seriously and to review their home, school, and business plans for dealing with disasters. - - - - - - - - Item 4-5 Consent Items 8:39 a.m. City Manager Darron Leiker gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Chenault to approve items on the consent agenda. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, West, and Whiteley Nays: None CITY COUNCIL MINUTES September 3, 2019 Page 2 Item 4 Approval of minutes of the August 20, 2019 Regular Meeting of the Mayor and City Council Item 5 Receive Minutes (a) Metropolitan Planning Organization-TAC, April 11, 2019 (b) Landmark Commission, June 25, 2019 - - - - - - - Item 6a Public Hearing on the Proposed Property Tax Rate for the 2019-2020 Fiscal Year 8:41 a.m. Mayor Santellana opened the public hearing at 8:41 a.m. Jessica Williams, CFO/Director of Finance, discussed the proposed tax rate for the 2019- 2020 fiscal year budget. On August 20, 2019 the City Council voted on a proposed maximum property tax rate of $0.763323 which is above the effective tax rate of $0.706083. .72988 which is the same rate as last year. Mayor Santellana stated that he has had questions from citizens in reference to how the budget looks higher than last year and asked for clarification. Ms. Williams discussed the $8.7 million in one-time projects that are in the preliminary budget are being funded with surplus fund balance. In accordance with proper accounting principles, the City is now recognizing the transfers in of revenue and the expenditures in the current budget. Darron Leiker, City Manager, stated that without these items the difference between the revised budget from 2018-2019 to the proposed fiscal year 2019-2020 budget is actually a decrease of .81%. Mr. Leiker discussed how the city saves for large projects over several years to fund one-time projects in the budget and that removing these one-time items from the budget gives a better budget comparison from year to year. T.P. Hillman, 3616 Alexandria, discussed Wichita Appraisal District numbers for commercial real property and single housing real property, Wichita Falls Independent School District (WFISD) enrollment numbers, and the total tax rate for Wichita County. Mr. Hillman noted there were slight decreases in the number of commercial and residential properties as well as a decrease in WFISD enrollment. Mr. Hillman stated that our tax rate places us among the highest 25% of taxed areas in Texas, meaning that 75% of Texas has a lower tax rate. The median household income in Wichita Falls is $45,267 and in Texas it is $59,206 which is 25.3% less and this places a strain on families to pay higher taxes each year. Mr. Hillman believes the proposed tax rate will drive a wedge in economic growth for Wichita Falls and he urged council to adopt the City Mana Mr. Tillman thanked the Council for their time and provided them with copies of the information he shared. CITY COUNCIL MINUTES September 3, 2019 Page 3 Sgt. John Spragins, President, Wichita Falls began by sending prayers to the Midland Odessa area where three law enforcement officers were injured and seven citizens were killed over the weekend in a mass shooting. Sgt. Spragins discussed the life and death situations addressed by Police and Fire personnel on a daily basis and how law enforcement officers are being attacked without consideration of the facts. Sgt. Spragins discussed the proposed increase to the tax rate and how it could help bring Law Enforcement and Fire personnel to average pay in comparison to our comparable cities. Sgt. Spragins believes the City Manager has a good plan for raising pay and retirement rates for non civil service employees, and this plan is supported by the public safety employees. In order to remain competitive with other cities we have to start maintaining average pay. Mr. Spragins believes that with the recent legislative changes to property taxes, this is a critical situation and he encouraged the council to raise the tax rate to implement this plan. Darron Leiker, City Manager, discussed the proposed pay plan Sgt. Spragins referred to. It would include a 5% cost of living increase for Police and Fire, 2% cost of living increase for non-civil service personnel and raise Texas Municipal Retirement System contributions from 5% to 7%. This can be accomplished with the current maximum tax rate proposed. Mr. Leiker stated if Council considers an increase in the tax rate this would be his recommendation for pay increases. Sgt. Spragins expressed his appreciation for the Council and Staff for their assistance throughout this process. Our police officers and firefighters are the best and they deserve average pay in comparison to our comparable cities, and this is an opportunity for the council to fix this issue. Mayor Santellana discussed the tax rate recommendations from both sides and how it all depends on the tax threshold the city is willing to accept. Mayor Santellana expressed his appreciation to Sgt. Spragins for his dedication and for the thorough work he has done researching pay. Sgt. Spragins discussed how other cities are marketing police and fire positions. With the proposed pay increases and the TMRS contribution increase, this can assist with recruitment for the entire city. Sgt. Spragins acknowledged that the increase in TMRS for non-civil service is also supported by public safety. Mayor Santellana asked Mr. Leiker to discuss the new tax caps that will be in effect next year. Mr. Leiker discussed the 3.5% revenue cap on taxes per the new legislation that will take effect next year and how this is a substantial decrease from the previous 8% cap. Mayor Santellana asked what, if any, opposition there was to public safety asking the citizens to vote for a public safety pay increase. Sgt. Spragins stated that speaking to the council is the first path they would use but that a referendum election is a possibility if needed. Mr. Leiker discussed how City Charter allows police and fire to petition for a CITY COUNCIL MINUTES September 3, 2019 Page 4 referendum election for certain pay increases and how this would still be an option under the new laws. Councilor Brewer asked about the cost of an academy and how many officers are lost due to pay. Sgt. Spragins stated that we do lose a few officers a year due to pay. Instead of being reactive to this problem he is asking that we be proactive. The Police Department was down 22 officers until the academy graduation. This is a reoccurring cycle year to year and retirements play into this as well. Sgt. Spragins stated that he does not want to see us get 30-35 officers short and be unable to hire in the number of officers needed. Sgt. Spragins discussed that it is not just the pay that there are other factors such as good benefits. Mayor Santellana stated that the council is pro police and fire and discussed the current staffing numbers with graduating 15 new officers and currently being 5 short. We will be testing this Saturday, but we will be 10-15 officers short by the time the next academy graduates. Mayor Santellana asked if this is a Wichita Falls issue or statewide, and Sgt. Spragins acknowledged that this is a nationwide problem but that a pay adjustment would be a step in the right direction since Wichita Falls is currently at the bottom of the list for pay. Mayor Santellana asked Sgt. Spragins if it feels like there is a retention and recruitment problem, and Sgt. Spragins stated he believes we are doing the best that we can. Mayor Santellana discussed the retention and recruitment data, and Sgt. Spragins discussed the unemployment rate and the reduced number of people testing for police and fire jobs. Sgt. Spragins stated that we do not want to be a training facility for other departments and how our academy is more extensive than what is offered at Vernon College. Councilor Whiteley discussed how the investment in our Fire and Police personnel is much greater than the average city employee. When these employees leave, the money investing in them walks out the door. Employees in other departments come to us trained for the most part, but we are training our police and fire. Sgt. Spragins discussed how the TMRS contribution increase could assist other departments with recruitment. Councilor Whiteley stated that the TMRS contribution increase is a big part of taking care of our employees in the future. We are the only city our size with a 5% matching TMRS rate and that causes recruitment and retaining issues. Councilor Whiteley stated that he Sgt. Spragins has discussed. Our citizens deserve the best that we can give them, and it comes with a cost factor. Councilor Jackson asked what the starting pay is for officers just out of the academy. Sgt. Spragins stated it is just over $50,000 with a fifteen-year step increase program. Sgt. Spragins stated that he does not have the pay scale with him but will get the information to Councilor Jackson. Sgt. Spragins stated that starting pay at other cities range from $52,000 $62,000 starting pay. CITY COUNCIL MINUTES September 3, 2019 Page 5 Councilor West discussed what a tax increase would look like to the citizens in terms of real money. For a home with an appraised value of $100,000, the property tax at the rate of $0.72988 would be $730 per year, and with the option of the higher rate of $0.763323, it would be $763 per year. This is an increase of $2.75 per month in property taxes. Mayor Santellana addressed Mr. Hillman and stated that it is hard to just take the tax rate and not marry it with the cost of living to get a true idea of what it costs to live in Wichita Falls. Mr. Hillman discussed that a tax increase just accelerates the city towards the top of the 25% highest tax rates in Texas. Mayor Santellana asked Mr. Hillman if he had ever taken a look at the cost of living and marrying it with the tax rate and Mr. Hillman stated that he has not. Mr. Leiker discussed that the tax rate is one component and the other major component is the property values as well as the tax levy comparison between Wichita Falls and other cities. Although our tax rate is higher, we bring in less tax revenue than almost all of our peer cities. This is important since funds to pay Police/Fire and other general services comes from our general fund. Tyler, Texas has a tax base that is double the amount of ours and a one penny increase generates double what it does in Wichita Falls. Mr. Leiker appreciates Mr. Hillman for his research and comments but stressed that the total tax levy is important. If we were collecting more tax revenue than other cities that would be an issue, but our tax per capita is still low in comparison to other cities. Mr. Leiker stated there is almost $2 billion of property that is exempt from taxes in Wichita Falls. Battalion Chief Randall Reel, President, Wichita Falls Fire Fighters Association, addressed the Council and stated the Firefighters are in favor of this proposal even though it is never a good time to increase taxes, but sometimes it is necessary. Chief Reel discussed how a referendum election would be focused on Police and Fire and the proposed higher tax rate would benefit all city employees with the TMRS rate increase included. Firefighters were close to average pay a few years ago, but we are back down. We currently have 17 new firefighter recruits and 15 vacancies with a few more expected. With loss of personnel there are experience gaps and it can affect the overall public safety for the City. Wichita Falls Fire Fighters Association is in favor of the proposed pay plan with the increase in tax rate. Councilor Jackson asked the starting pay rate for firefighters, and Chief Reel stated it is $42,000. Mayor Santellana and Assistant Chief Hughes discussed the current vacancies and the gap in staffing that will still exist after the academy. Mayor Santellana asked Christi Klyn about recruitment and retention in the Fire and Police Departments and how many have been lost to pay. Since 2013 to current 18-20 officers left for pay reasons but went to various agencies and professions. Our comparisons are done to our benchmark cities, and we look at officers that go to other cities. Mayor Santellana asked if the TMRS increase from 5% to 7% would help with recruitment and retention in other departments. Ms. Klyn stated that it would and especially in our professional/director level positions. Mr. Leiker stated that the cit recruiter asked that we remove the TMRS rate off our recruitment brochure because it was a deterrent. Ms. Klyn stated that we try to CITY COUNCIL MINUTES September 3, 2019 Page 6 sell our positions, our organization and the city itself and hope that we can recruit based upon other factors. There was brief discussion about city wide vacancies and how this is an issue in all departments. There is high turnover in Public Works, Streets, and Wastewater. Mayor Santellana closed the public hearing at 9:25 a.m. - - - - - - - Item 7a Ordinance 36-2019 9:25 a.m. Conduct a public hearing and take action on an ordinance 36-2019 rezoning th approximately +/- 0.36 acres of land located at 1705 11 Street (Lot 2, Block 8, Southland Addition) and abutting right-of-way from Single Family - 2 (SF-2) to Limited Commercial (LC) to allow the property to be used as accessory parking for an adjacent medical office; and amending the Land Use Plan to change the area from Low Density Residential to Light Commercial Mayor Santellana opened the public hearing at 9:26 a.m. Paul Menzies, Assistant City Manager, addressed the council and discussed the tract of th land at 1705 11 Street and discussed how the rezone would facilitate the sale of the . The rezone would extend the limited commercial zoning adjacent to the property, and Planning and Zoning unanimously recommends this rezone. Mr. Menzies stated that this area is within the targeted revitalization area. Councilor West and Councilor Jackson inquired about the one property owner that opposed the rezone and their stated reason for their opposition. Mr. Menzies stated that he did not recall. Mayor Santellana closed the public hearing at 9:30 a.m. Moved by Councilor Browning to approve Ordinance 36-2019. Motion seconded by Councilor Chenault and carried with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, West, and Whiteley Nays: None - - - - - - - Item 7b Public Hearing Municipal Setting Designation (MSD) at 2400 Burkburnett Road, Wichita Falls, TX CITY COUNCIL MINUTES September 3, 2019 Page 7 9:31 a.m. Public Hearing on the Application of Wichita Falls Chamber of Commerce & Industry to the Texas Commission on Environmental Quality (TCEQ) for a Municipal Setting Designation (MSD) at 2400 Burkburnett Road, Wichita Falls, Texas Mayor Santellana opened the public hearing at 9:31 a.m. Russell Schreiber, Director of Public Works, discussed Municipal Setting Designations and their purpose and background. An MSD allows for redevelopment in areas with groundwater contamination and allows TCEQ to issue a Certificate of Completion which then allows the buyer to obtain financing to purchase property. There are currently three On July 3, 2019 the Chamber of Commerce, on behalf of the Economic Development Corporation, approached the City to obtain an MSD for the old ATCO building. Application has been submitted and reviewed, is complete, and approval is recommended. Henry Florsheim, Chamber of Commerce, representing the Wichita Falls Economic Development Corporation, addressed the council and stated that there is an industrial prospect that has a commitment to purchase the property if we can obtain the MSD. This commitment would include a renovated building and over 100 new jobs if this is approved. Councilor Whiteley thanked Mr. Florsheim and acknowledged that this has been a long process. Councilor Whiteley stated that this is exactly what we have been discussing and will help increase our tax base. Closed at 9:35 a.m. - - - - - - - Item 8a Ordinance 37-2019 8:59 a.m. Ordinance Authorizing the Acceptance of Deed Restrictions Prohibiting the use of Designated Groundwater from Beneath the Property Located at 2400 Burkburnett Road, Wichita Falls, Texas, 76306, to Facilitate Certification of a Municipal Setting Designation (MSD) of Said Property by the Texas Commission on Environmental Quality (TCEQ) Pursuant to the Texas Solid Waste Disposal Act; and Providing for an Effective Date of this Ordinance. Moved by Councilor Chenault to approve Ordinance 37-2019. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, West, and Whiteley CITY COUNCIL MINUTES September 3, 2019 Page 8 Nays: None - - - - - - - Item 8b Ordinance 38-2019 9:37 a.m. Ordinance approving a negotiated settlement between the Atmos Cities Steering -Tex Division regarding the . Moved by Councilor Chenault to approve Ordinance 38-2019. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, West, and Whiteley Nays: None - - - - - - - Item 8c Ordinance 39-2019 9:39 a.m. Ordinance making an appropriation to the Special Revenue Fund for the Women, Infants and Children Grant in the amount of $94,886 received from the Department of State Health Services Moved by Councilor Brewer to approve Ordinance 39-2019. Motion seconded by Councilor Jackson and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, West, and Whiteley Nays: None - - - - - - - Item 8d Ordinance 40-2019 9:41 a.m. CITY COUNCIL MINUTES September 3, 2019 Page 9 Ordinance making an appropriation to the Special Revenue Fund for the Community and Clinical Health Bridge Project (CCHB) in the amount of $11,364 received from the Department of State Health Services. Moved by Councilor Brewer to approve Ordinance 40-2019. Motion seconded by Councilor Jackson and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, West, and Whiteley Nays: None - - - - - - - Item 8e Ordinance 41-2019 9:44 a.m. Ordinance declaring unopposed candidates as elected to Councilor At-Large, Councilor District 1, and Councilor District 2 positions, and declaring the general election cancelled in accordance with Chapter 2 of the Texas Election Code. Moved by Councilor Brewer to approve Ordinance 41-2019. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, West, and Whiteley Nays: None - - - - - - - Item 9a Resolution 84-2019 9:45 a.m. Resolution in Support of the Application of Wichita Falls Chamber of Commerce & Industry to the Texas Commission on Environmental Quality (TCEQ) for a Municipal Setting Designation (MSD) at 2400 Burkburnett Road, Wichita Falls, Texas Moved by Councilor Chenault to approve Resolution 84-2019. Motion seconded by Councilor Browning and carried by the following vote: CITY COUNCIL MINUTES September 3, 2019 Page 10 Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, West, and Whiteley Nays: None - - - - - - - Item 9b Resolution 85-2019 9:46 a.m. Resolution to accept or reject a sealed bid as presented for one (1) Trustee parcel located at 1307 Buchanan and authorizing execution of the deed to convey title to Nicholas and Catheryn Delgadillo. Moved by Councilor Chenault to approve Resolution 85-2019. Motion seconded by Councilor Browning and carried with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, West, and Whiteley Nays: None - - - - - - - Item 9c Resolution 86-2019 9:49 a.m. Resolution authorizing The City Manager to execute all documents necessary to purchase 135 computer workstations from CDW Government LLC and 135 Microsoft Office Licenses from SHI/Government Solutions, Inc. in the amount of $115,099.65. Moved by Councilor Chenault to approve Resolution 86-2019. Motion seconded by Councilor Browning. Councilor Whiteley inquired about the number of computers at the Fire stations and the reasons additional computers are needed. There was brief discussion about connectivity issues and options available, and Mr. Leiker stated city staff would look into this issue. Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, West, and Whiteley Nays: None CITY COUNCIL MINUTES September 3, 2019 Page 11 - - - - - - - Item 10a Staff Presentation Proposed 2020-2024 Capital Improvement Program (CIP) Jessica Williams, CFO/Director of Finance 9:53 a.m. Jessica Williams, CFO/Director of Finance, provided an overview of the proposed 2020- 2024 Capital Improvement Plan. The Capital Improvement Plan includes one-time large projects with an anticipated cost of $25,000 or more. The 2019-2020 costs are the only project costs that will be approved for funding. The other four years are used for financial planning purposes. Ms. Williams discussed the revenues that will be used to fund CIP projects, the 2019-2020 projects, and how the numbers tie to the 2019-2020 fiscal budget. th Mr. Leiker reminded everyone of the special council meeting on September 10 for the th second tax rate public hearing and the regular meeting on September 17 when the budget and CIP will be approved. - - - - - - - Item 10b Items of Concern to Members of the City Council 9:59 a.m. Councilor Jackson thanked fire and police personnel for attending and stated that he appreciates what Sgt. Spragins shared. No one likes to raise taxes but feels in this case it needs to be considered. Councilor Jackson discussed family and friends that are retired police and fire and expressed his appreciation. Councilor Chenault said good morning and thanked everyone for attending. This weekend th on September 7 at 10:00 a.m., Our Lady of Guadalupe Catholic Church will have a parade, and Councilor Chenault will be riding on a float throwing candy. This Thursday, September th 5 is the Art Walk, please come out and join the activities. Glad to have Councilor Brewer back after illness last council meeting. Councilor Whiteley welcomed Councilor Brewer back and stated he was glad he is feeling better. Appreciated the employee of the month as we have great employees. Some of the pay issues are hard to talk about, but Wichita Falls is a wonderful place to live and our cost of living encourages people to live and retire here. We are the best kept secret in Texas. Councilor Whiteley wished his wife Christi a happy birthday. Mayor Santellana wished Councilor Chenault an early happy birthday, and thanked Mr. Hillman for time and research and to Sgt. Spragins and Chief Reel for their input today. We CITY COUNCIL MINUTES September 3, 2019 Page 12 encourage public comments and participation and asked citizens to reach out to council or staff. - - - - - - - Item 11 Comments from the Public to Members of the City Council Concerning Items That Are Not on the City Council Agenda. 10:01 a.m. There were no comments from citizens. - - - - - - - Item 12 Executive Session 10:02 a.m. (Councilor West left the meeting at this time) City Council went into Executive Session at 10:06 a.m. in accordance with Texas Government Codes §551.074. City Council reconvened at 10:26 a.m. Mayor Santellana announced that no votes or polls were taken. - - - - - - - Item 13 Appointments to Boards and Commissions 10:27 a.m. Moved by Councilor Browning to make the following appointments to the Construction Board of Adjustment and Appeals: Move Anthony Inman from Place 12 Alternate 1 to Place 1 for a term to expire 12/31/2020 and appoint Doug Marchand to Place 12 Alternate 1 with a term to expire 12/31/2019. Motion seconded by Councilor Brewer and carried with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, and Whiteley Nays: None Moved by Councilor Browning to make the following appointments to the Planning and Zoning Commission: CITY COUNCIL MINUTES September 3, 2019 Page 13 Move Dan Leslie from Place 11 Alternate 2 to Place 7 with a term to expire 12/31/2019 and appoint Michael Grassi to Place 11 Alternate 2 with a term to expire 12/31/2019. Motion seconded by Councilor Chenault and carried with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, and Whiteley Nays: None Moved by Councilor Browning to make the following appointments to the Landmark Commission: Place 5 Blake Haney Motion seconded by Councilor Brewer and carried with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, and Whiteley Nays: None - - - - - - - Item 14 Adjourn Mayor Santellana adjourned the meeting at 10:29 a.m. th PASSED AND APPROVED this 17 day of September, 2019. ________________________________ Stephen L. Santellana, Mayor ATTEST: ____________________________________ Marie Balthrop, TRMC, CMC City Clerk CITY COUNCIL MINUTES September 3, 2019 Page 14