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Min 09/07/2021 City of Wichita Falls City Council Meeting re- .�c4i4_ Minutes ,, } \tt), 4if.. / September 7, 2021 m�� � ,. b TEXAS 4'�y T rM*L T Nye Skies Cle'/der-OiTorturut/ 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 Auditorium Building at 8:30 o'clock a.m., with the following members present. DeAndra Chenault - Mayor Pro Tem Tim Brewer - Councilors Jeff Browning - Michael Smith - Bobby Whiteley - Darron Leiker - City Manager Kinley Hegglund - City Attorney Marie Balthrop - City Clerk Absent: Mayor Stephen Santellana, Councilor Steve Jackson Mayor Pro Tem Chenault called the meeting to order at 8:30 a.m. Item 2a — Invocation Craig Lile, Pastor, Faith Baptist Church, gave the invocation. Item 2b — Pledge of Allegiance Mayor Pro Tem Chenault led the Pledge of Allegiance. Item 3a — Employee of the Month — David Maywald, Fire Department 8:34 a.m. Ken Prillaman, Fire Chief, recognized David Maywald as the Employee of the Month for September 2021. Mayor Pro Tem Chenault congratulated Mr. Maywald and presented him with a plaque, letter of appreciation, restaurant voucher, and check, and thanked him for his service. Item 3b — Proclamation — Hunger Action Month, Wichita Falls Area Food Bank 8:36 a.m. — not present Mayor Pro Tem Chenault read a proclamation proclaiming September 2021 as Hunger Action Month in Wichita Falls and encourage all citizens to increase their understanding and awareness of food insecurity, and how it impacts our nation, state, county, and community. Item 4-6 — Consent Items 8:39 a.m. Darron Leiker, City Manager, gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Brewer to approve the consent agenda. Motion seconded by Councilor Whiteley and carried by the following vote: Ayes: Mayor Pro Tem Chenault, Councilors Brewer, Browning, Smith, and Whiteley. Nays: None Item 4 — Approval of minutes of the August 17, 2021 Regular Meeting of the Mayor and City Council Item 5 — Resolution 97-2021 Resolution authorizing the City Manager to award bid and contract for the 2021 Sewer Budget Utility Improvement Project — Phase II to A&M Construction and Utilities, Inc. in the amount of$866,948.00 Item 6 — Receive Minutes (a) Planning & Zoning Commission, June 9, 2021 CITY COUNCIL MINUTES September 7, 2021 PAGE 2 OF 13 (b) Landmark Commission, June 22, 2021 (c) Planning & Zoning Commission, July 14, 2021 (d) Wichita Falls Economic Development Corporation, July 15, 2021 Item 7a — Public Hearing and Ordinance 41-2021 8:40 a.m. Conduct a public hearing and take action on an ordinance to rezone +/- .52 acres of land located at 522 6th Street (Lots 8-10, Block 138, Original Town), from Light Industrial to Central Business District (CBD) zoning district and amend the Land Use Plan from Light Industrial to Downtown to allow for expansion of commercial uses and alignment with adjacent districts. Mayor Pro Tem Chenault opened the public hearing at 8:41 a.m. Terry Floyd, Director of Development Services, discussed the proposed rezone from Light Industrial to Central Business District, and the amendment of the Land Use Plan from Light Industrial to Downtown for property located at 522 6th Street. The lot is currently vacant, the Planning and Zoning Commission unanimously voted to approve the rezone and amendment, and staff recommends approval. Councilor Smith asked if there are any plans that we are aware of at this time. Mr. Floyd said there are not any immediate plans, and the rezone does not allow for any type of residential component. John Dickinson, 1602 PB Lane, owner of the property, stated there are no current plans and the intent was to open up their options for the property. Councilor Whiteley thanks Mr. Dickinson and his group for everything they have done downtown as they are vital to the revitalization of downtown. Mayor Pro Tem Chenault closed the public hearing at 8:46 a.m. Moved by Councilor Browning to approve Ordinance 23-2021. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Pro Tem Chenault, Councilors Brewer, Browning, Smith, and Whiteley. Nays: None Item 7b — Public Hearing on the Fiscal Year 2021-22 Proposed Operating Budget CITY COUNCIL MINUTES September 7, 2021 PAGE 3 OF 13 8:46 a.m. Mayor Pro Tern Chenault opened the public hearing at 8:46 a.m. Jessica Williams, CFO/Finance Director, discussed the proposed balanced budget and proposed tax rate of$0.760928/$100, which is a decrease from $0.763323/$100. Carla Schmehl, 1 Summer Tree Court, commented on the MAG Study, positions she feels are overpaid, and expressed her displeasure with the salaries of upper level positions. Ms. Schmehl compared city management salaries with salaries in the Governor's office, commented on the total salaries of the top one hundred city employees, and that lower level employees were underpaid. Ms. Schmehl expressed her displeasure with additional benefits included in upper management salaries. She commented on her concern of the lack of citizen involvement in the Strategic Planning session, and requested that the City Council hold one meeting a month in the evening. Brenda Rich, 4679 University Avenue, commented on the proposed budget, her astonishment at the amount of the budget, and stated that the budget is well done but several items need to be addressed. Ms. Rich asked were the COVID funds are listed and where the money would be used. She suggested giving those funds to small businesses that had to close during the pandemic and are struggling, and broadening the focus from downtown and include all small businesses. Ms. Rich commented on the debt fund and that the Council work towards being debt free, which would decrease taxes. She commented on the rollover of budget funds and suggested these funds be used to pay down debt. Ms. Rich said she believes all memberships need to be removed from all city accounts, and asked what is included in the "other expenditures" line item in the budget. She supports the MAG study and would like to see the report, stated that she supports the citizens of Lakeshore Drive, and asked the Council to hold an evening meeting. Maurice Gauther, 4809 Whirlwind Dr., commented on the wage increases, how the city is compared to Tyler, the differences in staffing between the two cities, and that he believes upper management is overpaid when compared to other cities with higher cost of living. He feels we are paying the top 100 employees too much, lower level employees need a raise, and the budget needs to be cut. Al Vitola, 5408 Blazing Star, addressed the Council as the Legislative Director for the Wichita Falls Professional Fire Fighters Association. He applauded Council for working to improve the fire apparatus fleet, and addressing capital improvement needs. The Association is excited about the MAG study and the implementation for all city employees. In the preliminary budget hearing there was discussion regarding excess funds due to savings during pandemic. One of the first suggestions discussed was the possibility of purchasing firefighters a second set of bunker gear. He discussed the need for the second set of gear due to carcinogens firefighters are exposed too, and that this is a national recommendation. As a self-insured City in a time when occupational cancers are being recognized, he feels it is a sound financial decision to purchase the bunker CITY COUNCIL MINUTES September 7, 2021 PAGE 4 OF 13 gear. He discussed the difference in contribution rates for City employees and Fire Department employees, and recent increases to TMRS funding. These issues have been discussed at Meet and Confer meetings and he wants everyone to understand the need. He discussed the differences between TMRS and the Fire Pension, commented on questions regarding solvency, and stated he feels the additional city contribution would assist with the solvency issues. Mayor Pro Tem Chenault closed the public hearing at 9:06 a.m. Mr. Leiker addressed some incorrect statements made during the public hearing. In regards to Ms. Schmehl's comments on the MAG Study regarding overpaying top employees, he noted that the study actually states that across the board all positions were underpaid including the City Manager. In regards to the comparison of city management salaries to higher elected officials, he noted that their elected positions were not their career, and that both the Governor and Attorney General have many high paid employees under them. In regards to raises for council appointed positions, no decision has been made, and those decisions will be made after evaluations for Council appointees are completed. Mr. Leiker stated that the Strategic Planning process was open to the public, it was a posted meeting, there was some public attendance, and the media was there. In regards to granting COVID funds to small businesses, Mr. Leiker noted that the large ARPA grant just received has not been appropriated as we are awaiting final guidance from the U.S. Treasury on how the funds can be spent. We have received half of the funds and the other half will be received around May of 2022. He noted that the majority of CARES Act funds previously received was spent dealing with the pandemic via the Health Department , purchasing personal protective equipment for first responders, and we assisted several non-profits that provide services to low income citizens. In reference to city debt, Mr. Leiker stated that for a city our size we have relatively little debt and we have an excellent credit rating, which we would not have if we were too far in debt. He noted that the majority of the debt is paid by water funds and not property tax funds, as the majority of the debt is related to water/sewer infrastructure. In regards to the comparison to the City of Tyler, Mr. Leiker noted that they may not have Assistant City Managers but they have employees that have titles that have been changed to Managing Directors that are equivalent to our Assistant City Managers. Councilor Whiteley thanked Mr. Leiker for the clarification, and he wanted citizens to know that he also had questions regarding the budget, and that not all budget questions are answered during the public meeting. He reaches out to staff via email to receive answers. Councilor Whiteley stated that he agrees with concerns regarding memberships and other expenditures. He expressed his concern about the receiving the proposed budget and MAG study one week prior to the budget meeting. He does not want the public to feel Council rubber stamps the budget as that is not the case. Councilor Whiteley also expressed concern regarding the MAG study, stated citizen concerns are valid, and suggested possibly getting the budget in parts in the future. He stated that the Council is working hard and he appreciates citizens attending and asking questions. CITY COUNCIL MINUTES September 7, 2021 PAGE 5 OF 13 Item 7c — Ordinance 42-2021 9:16 a.m. Ordinance accepting funds in the amount of $89,920.00 received from the FY 2020 Assistance to Firefighters Grant (AFG) and authorizing the City Manager to execute contracts and other documents related thereto. Moved by Councilor Brewer to approve Ordinance 42-2021. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Pro Tem Chenault, Councilors Brewer, Browning, Smith, and Whiteley. Nays: None Item 7d — Ordinance 43-2021 9:18 a.m. Ordinance making an appropriation to the Special Revenue Fund for The COVID-19 Epidemiology grant funding in the amount of $96,329 received from the Department of State Health Services and authorizing the City Manager to execute contract accepting same. Moved by Councilor Brewer to approve Ordinance 43-2021. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Pro Tem Chenault, Councilors Brewer, Browning, Smith, and Whiteley. Nays: None Item 7e — Ordinance 44-2021 9:22 a.m. Ordinance making an appropriation to the Special Revenue Fund for The COVID-19 Health Disparities Grant funding in the amount of$400,000 received from the Department of State Health Services, and authorizing the City Manager to execute contract accepting same. Moved by Councilor Browning to approve Ordinance 44-2021. CITY COUNCIL MINUTES September 7, 2021 PAGE 6 OF 13 Motion seconded by Councilor Smith. Ms. Schmehl asked if there is any funding in these grants for known therapeutic and prophylactic therapies such as Hydroxychloroquine, and Ivermectin. Ms. Kreidler stated that no funds brought forward today nor funds the department has received so far cover treatment of COVID-19. Ms. Kreidler thanked Ms. Schmehl for her questions and stated that Ivermectin is a good drug being prescribed but the issue the Center for Disease Control, Department of Health Services, and the Health department have is citizens buying Ivermectin over-the-counter at agriculture and feed stores that is formulated for animals and not for human use. The number of calls to poison control has increased due to Ivermectin overdoses, and the animal formulation can be dangerous for humans. Ms. Kreidler stated Ivermectin should only be used when prescribed by a physician. Motion carried by the following vote: Ayes: Mayor Pro Tem Chenault, Councilors Brewer, Browning, Smith, and Whiteley. Nays: None Item 8a — Resolution 98-2021 9:29 a.m. Resolution authorizing the Mayor to execute a Tax Abatement Agreement with CMH Manufacturing, Inc., related to its project to invest approximately $15 million into operations to build manufactured housing and modular homes for the property at 2400 Burkburnett Road in Wichita Falls, Texas, which is owned by the Wichita Falls Economic Development Corporation and located in the Clayton Homes Reinvestment Zone. Moved by Councilor Brewer to approve Resolution 98-2021. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Pro Tem Chenault, Councilors Brewer, Browning, Smith, and Whiteley. Nays: None Item 8b — Resolution 99-2021 9:34 a.m. Resolution authorizing the City Manager to execute a contract with Work Services Corporation for services provided by vocationally handicapped persons, in a total amount not to exceed $118,963. CITY COUNCIL MINUTES September 7, 2021 PAGE 7 OF 13 Moved by Councilor Browning to approve Resolution 99-2021. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Pro Tem Chenault, Councilors Brewer, Browning, Smith, and Whiteley. Councilor Smith's vote did not register on the electronic voting equipment but he confirmed after the meeting his intent was to vote for the Resolution. Nays: None Item 8c — Resolution 100-2021 9:36 a.m. Resolution expressing the City Council's intent to place a proposal on a future Council agenda approving a property tax rate that exceeds the no new tax rate, but does not exceed the voter-approval tax rate; scheduling one public tax rate hearing, and establishing the date to vote on same. Moved by Councilor Brewer to approve Resolution 100-2021. Motion seconded by Councilor Browning and carried by the following vote: Ms. Williams discussed the current property tax rate of $0.763323/$100, the no new revenue rate of$0.718807/$100, the voter approval rate of$0.760928/$100 which is the highest rate that can be adopted without an election, and stated that the Proposed Budget is based on the voter approval rate. The intent is to vote on the tax rate at the September 21, 2021, regular meeting, and Council will need to establish the rate, which they intend to vote on. Moved by Councilor Smith to amend the main motion to consider adopting a property tax rate or $0.760928/$100 on September 21, 2021. Motion to amend the main motion was seconded by Councilor Whiteley and approved with the following vote: Ayes: Mayor Pro Tem Chenault, Councilors Brewer, Browning, Smith, and Whiteley. Nays: None The amended main motion carried by the following required record vote: CITY COUNCIL MINUTES September 7, 2021 PAGE 8 OF 13 Councilor Smith —Aye Councilor Whiteley —Aye Councilor Browning —Aye Councilor Brewer—Aye Councilor Chenault —Aye Item 8d — Resolution 101-2021 9:43 a.m. Resolution authorizing the City Manager to make application with the Texas Department of Transportation (TxDOT) for a Comprehensive Selective Traffic Enforcement Program (STEP) Grant for fiscal year 2022. Moved by Councilor Brewer to approve Resolution 101-2021. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Pro Tem Chenault, Councilors Brewer, Browning, Smith, and Whiteley. Nays: None Item 8e — Resolution 102-2021 9:46 a.m. Resolution authorizing award of bid for airfield striping services at Wichita Falls Regional Airport from the low bidder Hi-Lite Airfield Services, LLC in the amount of $73,750.15. Moved by Councilor Browning to approve Resolution 102-2021. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Pro Tem Chenault, Councilors Brewer, Browning, Smith, and Whiteley. Nays: None Item 8f— Resolution 103-2021 9:48 a.m. Resolution approving the programs and expenditures of the Wichita Falls Economic Development Corporation (WFEDC/4A) by amending the budget to include an up to CITY COUNCIL MINUTES September 7, 2021 PAGE 9 OF 13 $72,750 expenditure to Howmet Aerospace to upgrade their wastewater filtration system at the company's Wichita Falls location. Moved by Councilor Browning to approve Resolution 103-2021. Motion seconded by Councilor Whiteley and carried by the following vote: Ayes: Mayor Pro Tem Chenault, Councilors Brewer, Browning, Smith, and Whiteley. Nays: None Item 8g — Resolution 104-2021 9:51 a.m. Resolution approving the programs and expenditures of the Wichita Falls Economic Development Corporation (WFEDC) Budget for Fiscal Year 2021-22. Moved by Councilor Brewer to approve Resolution 104-2021. Motion seconded by Councilor Browning. Paul Menzies, Assistant City Manager, discussed the proposed WFEDC budget and debt service. Councilor Smith asked that Mr. Menzies remind citizens that these funds come from quarter cent sales tax, which was voted on by citizens and approved in 1997. Councilor Whiteley asked about a reduction of the budget in some funds but increases in the payment to the City. Mr. Menzies stated the increase is reflective of actual costs of city resources contributed to support the WFEDC. Jana Schmader, Downtown Wichita Falls, Inc., Glenn Barham, Sheppard Military Affairs Committee, Henry Florsheim, Chamber of Commerce, and Dr. Scott Manly, i.d.e.a. Wichita Falls, each addressed the Council and discussed their proposals for the WFEDC budget. Motion carried by the following vote: Ayes: Mayor Pro Tem Chenault, Councilors Brewer, Browning, Smith, and Whiteley. Nays: None Item 9a—Staff Report—COVID-19 Update—Amy Fagan, Assistant Director of Health 10:25 a.m. CITY COUNCIL MINUTES September 7, 2021 PAGE 10 OF 13 Mrs. Fagan provided a COVID-19 update for Wichita County and stated they are currently providing daily and weekly updates. She discussed the number of vaccine breakthrough cases and stated there are more breakthrough cases with the Pfizer vaccine. There have been seven deaths in breakthrough cases, three from the Janssen vaccine, three from the Pfizer vaccine, and one from the Moderna vaccine. Ms. Fagan discussed subtype testing and confirmed that we have the Alpha and Delta variants in our community. She discussed the percent of unvaccinated cases, and stated that currently 90% of new cases are unvaccinated. Ms. Fagan discussed the four-week analysis, which showed increases in cases, deaths, positivity rate, and hospitalizations. There has been a dramatic rise in cases over the summer, and this increase happened in a shorter time in 2021 as compared to 2020. She discussed the percent of cases by age and stated that the under 50 age group accounts for 70% of cases with the 11-19 age group leading the way which is attributed to schools being back in session. Community spread continues to be the largest type of spread and little intervention can be done other than vaccinations and masking. Ms. Fagan discussed sub-categories of spread with family spread being the highest, and stated that 88% of hospitalizations are unvaccinated. She discussed deaths over time and stated there has been an increase in deaths in the younger population in the last 47 deaths, and deaths in unvaccinated cases are much higher. Currently there are two adult ICU beds and no pediatric ICU beds in our Trauma Service Area, and limited transfers within the State as there are very limited beds and healthcare staff. Forecasting shows the number of cases are forecasted to increase substantially. This is a concern and employees are working on weekends to keep up as 1100 cases per week exceeds the capacity of staff. The trends do not look good, but the vaccination rate is finally increasing. She encouraged individuals to be vaccinated if not to protect themselves then to protect our families, our co-workers, and our community. Item 9b — Announcements concerning items of community interest from members of the City Council. No action will be taken or discussed. 10:41 a.m. Councilor Whiteley thanks Mrs. Fagan for her report, and stated he appreciates the input from citizens and Mr. Vitola. He stated he continues to seek equality in the pension contribution for all employees, and thanked David Maywald employee of the month. Councilor Browning stated that he hopes that people are paying attention to the health reports and making good decisions to protect the community. Councilor Chenault thanked everyone for attending, and stated that Hotter'N Hell held two weeks ago was an enjoyable time and she met many riders. She wished Councilor Brewer a Happy Birthday. CITY COUNCIL MINUTES September 7, 2021 PAGE 11OF13 Item 10 — Comments from the Public to Members of the City Council Concerning Items That Are Not on the City Council Agenda 10:45 a.m. Ellen Gutow, Brook Village, requested the City Council hold a meeting in the evening each month so people have easier access to attend. She commented on a POLICOM article that shows Wichita Falls ranked 377 out of 384 metro areas in 2021 in economic performance. Since 2017 Wichita Falls has fallen 48 spots in economic performance according to POLICOM, and read a statement from the POLICOM website regarding Wichita Falls' economic performance. Debra Loberger, 5144 Royalwood Drive, requested the City Council change the meeting time to allow young and working citizens to attend. Judy Whittington, 5205 Lake Shore Drive, thanked Council for placing the Lakeshore Drive trail item on the agenda for discussion. They will continue to bring facts to the council, and she stated Lakeshore Drive residents support the circle trail. She discussed legal property lines, invasion of privacy, and stated that taxpaying citizens should not be asked to give up private property for recreational use. She asked that the circle trail be continued along the street instead of in their backyards. Addie Ebner, 5 Tamarron Ct., seconded Ms. Whittington on Lakeshore Drive ideas, and requested council have evening meetings at least once a month so that younger citizens and those that work can attend. Item 11 — Executive Session 9:45 a.m. City Council adjourned into Executive Session at 10:53 a.m. in accordance with Texas Government Code §552.074. City Council reconvened at 11:26 a.m. Mayor Pro Tem Chenault announced that no votes or polls were taken. Item 12 —Adjourn Mayor Pro Tem Chenault adjourned the meeting at 11:26 a.m. PASSED AND APPROVED this 21st of September 2021. CITY COUNCIL MINUTES September 7, 2021 PAGE 12 OF 13 DeAndra Chenault, Mayor Pro Tern ATTEST: LtqaAAL Marie Balthrop, T MC, MMC City Clerk CITY COUNCIL MINUTES September 7, 2021 PAGE 13 OF 13