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Min 10/02/2018 City of Wichita Falls City Council Meeting Minutes October 2, 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 Jeff Browning - Councilors DeAndra Chenault - Mitesh Desai - Eric West - Bobby Whiteley - Darron Leiker - City Manager Kinley Hegglund - City Attorney Marie Balthrop - City Clerk Absent: Jesse Brown, Councilor District 3 - - - - - - - - Mayor Santellana called the meeting to order at 8:30 a.m. - - - - - - - - Item 2a Invocation Sergeant Toby Romack, Salvation Army, gave the invocation. - - - - - - - - Item 2b Pledge of Allegiance Mayor Santellana led the Pledge of Allegiance. - - - - - - - - Item 3 Presentation Employee of the Month Erin Ham, Library 8:32 a.m. Jana Hausburg, Library Administrator, recognized Erin Ham as the Employee of the Month for October 2018. Mayor Santellana congratulated Ms. Ham and presented her with a plaque, letter of appreciation, restaurant voucher and check, and thanked her for her service. - - - - - - - - Item 4-5 Consent Items 8:35 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 Browning, Chenault, Desai, West and Whiteley Nays: None - - - - - - - Item 4 Approval of minutes of the September 18, 2018 Regular Meeting of the Mayor and City Council. - - - - - - - Item 5a Resolution 102-2018 Resolution authorizing the City Manager to execute the Joint Funding Agreement for Water Resources Investigations, Number 19SJJFATX039000, with the U.S. Geological Survey for $77,760.00 - - - - - - - Item 5b Resolution 103-2018 Resolution authorizing the City Manager to execute Professional Services Agreement with Biggs and Mathews Environmental, Inc. for engineering services for the City of Wichita Falls Landfill in the amount of $78,000.00 City Council Minutes October 2, 2018 Page 2 - - - - - - - Item 5c Resolution 104-2018 bulk chemicals for water and wastewater treatment - - - - - - - Item 5d Resolution 105-2018 Resolution authorizing the purchase of a Commercial Front End Loader through the BuyBoard Purchasing Cooperative from Bruckner Truck Sales, Inc. in the amount of $149,807.00 and Texan Waste Equipment, Inc. dba Heil of Texas in the amount of $153,400.00 - - - - - - - Item 7e Resolution 110-2018 8:38 a.m. This item was discussed out of order. Resolution amending the contract agreement with Johnny Simmons as tennis professional at Hamilton Park Tennis Center, with overflow coverage at Weeks Park Tennis Center Moved by Councilor Chenault to approve Resolution 110-2018. Motion seconded by Councilor Desai. Jim Dockery, Deputy City Manager, gave an overview of the tennis center contracts and desired improvements with marketing and programming. Councilor Browning asked about the possibility of hiring a part-time employee to handle d propose an amendment to the contract to address these issues. Darron Leiker, City Manager, stated that our Convention and Visitors Bureau is assisting with marketing for the tennis center. Johnny Simmons addressed the council and admitted his weakness was definitely in marketing and computers. He has received a proposal from a local person to take over the marketing of the program. Mr. Simmons discussed concerns that have been brought up in reference to drill groups and steps that have been taken to address the concerns, and the success of the new drill groups that have been started. There was City Council Minutes October 2, 2018 Page 3 discussion on issues with dates of USTA tournaments, and other activities that conflicted with the ability to schedule other tournaments, as well as concerns with MSU using the courts. Mr. Simmons stated that it has been difficult to find a time to schedule a tournament. Mr. Simmons discussed his history with Hamilton Park since 1970 and the building of the tennis program in Wichita Falls, and discussed the other activities now available to children that have taken participants from the tennis program. Mr. Simmons addressed his concerns about the change of the perception of the job he is doing, and lastly he addressed league play and issues that caused the leagues to fail, and the inability to get the leagues started again. There was brief discussion about the results both Mr. Simmons and the City Council wish to see in the future with the program. Tracy Denson, 2013 Berkley, President of Wichita Falls Tennis Association, addressed the council in reference to the contract for Mr. Simmons. Mr. Denson discussed Mr. contributions. Mr. Denson also discussed how Wichita Falls has had issues growing the tennis program in recent years, and the lack of league play and tournaments. It was stated that the Wichita Falls Tennis Association (WFTA) is committed to increase their roll but they need a partner the City. WFTA urges the council to move forward with the Request for Proposals process to get competitive proposals for the management of the tennis program. Robin McPherson, 1816 Speedway, discussed that several people take their kids and grandkids to the tennis center and they trust Mr. Simmons. She stated that they just recently found out about the marketing issues. Mrs. McPherson also acknowledged Mr. Simmons unending energy for the program. She stated that several volunteers with experience in marketing have volunteered to help with the marketing issues for free. Ms. McPherson urged the council to give Mr. Simmons a chance to make positive changes with the new support system he has from volunteers. David Eason, 4106 Randal Drive, stated that he has been playing tennis for over 50 years. Mr. Eason stated that he feels Mr. Simmons needs to step down as tennis pro, but possibly be kept on staff to give tennis lessons. Mr. Eason has concerns of Mr. Simmons being closed minded. He also discussed concerns of how leagues are currently handled, and need for changes in that area. Mr. Eason discussed the need for a younger mind with enthusiasm for the tennis community, and needs for upgrades and repairs at the facilities. Mayor Santellana asked if Mr. Eason was a member of WFTA and he stated he was not. Mayor Santellana discussed the potential issues with volunteer support and how that tends to run out after time and how the council needs to insure that the program has the support required going forward. City Council Minutes October 2, 2018 Page 4 Eric West appreciated the support for Mr. Simmons and the help with marketing that has been mentioned. The only way he can see going forward is that Mr. Simmons submit a proposal and explain the support that he will have. Councilor West stated that it is the responsibility of the council to look for the best proposal for the tennis program as a whole. Mayor Santellana discussed performance measures, accountability, and fiscal responsibility with taxpayer money, which are all council responsibilities. Motion by Councilor West to amend the main motion to amend the contract timeframe from Month to Month, to a five-month extension with a month-to-month extension after that period with a 30-day cancellation clause, beginning October 1, 2018. Motion seconded by Councilor Chenault and carried with the following vote: Ayes: Mayor Santellana, Councilors Browning, Chenault, Desai, West, and Whiteley Nays: None Main motion as amended carried with the following vote: Ayes: Mayor Santellana, Councilors Browning, Chenault, Desai, and West Nays: Councilor Whiteley - - - - - - - Item 6a Public Hearing and Approval of Ordinance 47-2018 9:38 a.m. Conduct a Public Hearing and take action on Ordinance 47-2018 finding certain buildings and/or structures to be dangerous; requiring property owners to demolish said buildings and/or structures within thirty (30) days of the date of this ordinance and declaring an emergency and immediate effective date. Mayor Santellana opened the public hearing at 9:38 a.m. Dana Schoening, Director of Community Development, addressed the council and presented the following properties for demolition: th 1907 11 Street, Accessory Structure Only No public comments. thth 2009 8 Street, Secondary Living Quarters Only Jim Hawkins, 2009 8 street, stated that this has not been a residence for some time and is only used as a garage and storage. Mr. Hawkins stated that he has been in construction for over forty years and that he intends to City Council Minutes October 2, 2018 Page 5 repair the structure, but that he has no intention of ever renting it again. Mr. Hawkins has thirty days to obtain a restoration permit and ninety days to make substantial repairs. st 1208 21 Street, Main Structure No public comments. nd 1523 2 Street, Main Structure No public comments. th 1218 35 Street, Main Structure No public comments. th 1205 36 Street, Mobile Home No public comments. 2208 Avenue F, Commercial Property No public comments. 1100 Borland Lane, Mobile Home Mr. Lam, 5125 Wakefield Lane, addressed the council and stated that he acquired the property from his father at the end of 2016. He had little knowledge of the property history, but has since been told that the property is still owned by Jackie Jarnagin. Mr. Lam feels he needs to do more research on the property. Mr. Lam stated his father transferred the deed to his name in 2016. It was recommended to leave the property on the list for demolition and that Mr. Lam has thirty days to work through ownership issues and purchase a restoration permit. 306 Brick Street, Secondary Living Quarters Only Chenille Clay, addressed the council, and stated that the property belongs to her father who passed away early last year. Her father was handicapped and unable to maintain the secondary structure. She stated that she has called code enforcement in reference to the issues and is working to obtain the funds to make the repairs. She is researching options going forward. Her preference is that the city take bids, demolish the property and put a lien on the property that she can pay out. Mrs. Clay has thirty days to obtain her own bids and make a decision about what she would like to do. Rita Miller, Code Enforcement/Housing Administrator discussed the process on how bids are accepted and stated that once a bid is accepted her property could not be removed from the list. The timeframe for the city to solicit and receive bids is approximately six to seven months. It was suggested that Mrs. Clay meet with Code Enforcement to discuss her options. 2120 Bridwell Street, Main Structure - Elizabeth Brown, 2508 Bridwell Street, knows that the house needs to be torn down, but she cannot afford to have the work completed. She would like the city to move forward with demolition and have a lien put on the property that she can pay out. 1110 Calhoun Street, Main Structure No public comments. 501 Dallas Street 2 Accessory Structures Only No public comments. 1649 Elizabeth Ave, Secondary Living Quarters Only Eileen Hatton, 601 Fillmore Street, addressed the council and stated that the building has never been rented, and that it needs City Council Minutes October 2, 2018 Page 6 to be closed in with plywood, but it was discussed that only putting plywood up will not alleviate the problem. Mrs. Hatton stated that it is not falling down, but they have had issues with vagrants and a fire being started. Her son addressed the council and discussed the problem with vagrants and stated that he intends to turn the main structure into a halfway house. It was suggested that he obtain a demolition permit and demolish the back building. Bobby Teague, Assistant Director of Community Development/Building Official, stated that he believes the gentleman has made a great argument for why the property needs to be demolished, and that he will be able to fence up after the building is removed. The owner has thirty days to either purchase a permit for demolition or a permit for restoration. The owner stated that he intends to purchase a demolition permit and remove the building. 1655 Elizabeth Ave, Main Structure Elvis Peters, 5124 Inlet Drive, addressed the council and stated that due to his a restoration permit and repair the building. Mr. Peters has thirty days to purchase a restoration permit and ninety days to make substantial repairs. 3207 Euel Street, Main Structure - George Kennedy, 9 Brenna Drive, addressed the council and stated that he lost both of his parents in 2017, and the property belonged to his father. Since the house is not in his name, he has been unable to obtain any permits. His preference is to demolish the structure himself. He received a Letter of Administration for his father last month, and should now be able to obtain a permit. Mr. Kennedy was advised that he can obtain a permit within thirty days, and has ninety days to show substantial progress. Council will leave the property on the list and Mr. Kennedy can apply for a demolition permit and demolish the structure himself before the city receives bids. Bobby Teague, Assistant Director of Community Development/Building Official, discussed that demolition permits are only good for thirty days and suggested the owner not purchase a permit until he is ready to demolish the building. 513 Farris Street - Accessory Structure Only No public comments. 1919 Hampton Road, Main Structure No public comments. 704 Harrison Street Accessory Structure Only No public comments. 1917 Hickory Lane, Main Structure No public comments. 2804 Hill Street Accessory Structure Only No public comments. 113 Maple Street Accessory Structure Only Michelle King, 6335 Woodway Drive, Fort Worth, TX, addressed the council and stated that she did not receive the information sent out in May due to a change in address. She did receive a letter in September at the proper address, but is unsure how the address was an issue since the appraisal district had her correct address. She does plan to remove the building and install landscaping and a fence. After some discussion it was realized that there was some misunderstanding that the notice City Council Minutes October 2, 2018 Page 7 was for the entire house, but it was clarified that the notice is only for the accessory structure. Mrs. King was advised to stay in contact with city staff to ensure sufficient progress is made before bids are accepted by the city for demolition. 308 Offutt Street, Main Structure No public comments. 1646 Orchard Avenue, Accessory Structure Only No public comments. 305 Park Street, Secondary Living Quarters Only No public comments. 400 Patterson Street, Church No public comments. 2101 Princeton Avenue, Main Structure No public comments. 2202 Princeton Avenue, Accessory Structure Only No public comments. 703 N. Rosewood Avenue, Main Structure No public comments. 809 N. Rosewood Avenue, Main Structure No public comments. 1402 N. Rosewood Avenue, Main Structure No public comments. 707 Suburban Avenue, Main, Secondary, and Accessory Structure No public comments. 1417 Tulip Street, Main Structure No public comments. 1008 Tulsa Street, Main and Accessory Structure No public comments. 302 Whitney Street, Main Structure No public comments. 2302 Yale Avenue, Main Structure - Melanie Denney, 79 Town and Country Drive, addressed the council and stated that she acquired the property from her grandparents, and Autum Gary, listed on the deed is her minor child. She stated that having her minor child listed on the deed has caused legal issues with transferring the deed. Ms. Denney does not have the funds to make the repairs. It was discussed that it is in the best interest of all parties to have the city demolish the property and place a lien against it. Ms. Denney discussed her concerns with ordinance citations and costs associated with those and warrants that have resulted from the citations. Rita Miller, Code Enforcement, stated that they do issue citations and if there is failure to appear at court warrants can be issued. Rita Miller, Code Enforcement, will visit with Ms. Denney after the meeting to discuss her options for the citations. 502 Ohio Avenue, Commercial Property Wayne Hansen, 3501 Seymour Road, addressed the council and stated that he acquired the property a few years ago and fell in love with the building. Has been working with Code Enforcement, and tried to pull a permit in May to City Council Minutes October 2, 2018 Page 8 make repairs, but debris inside the building prohibited an inspection. He would like to repair the building, and has also had offers from people to put in upper end condos or a restaurant. His intent is to pull a permit, and he has obtained his general contractor license so he can pull the permit himself. He is currently working on securing the windows on the lower level and covering the upper windows. His hope is to save the building and will purchase a permit and make substantial improvement within ninety days. There were no additional public comments. Mayor Santellana closed the public hearing at 10:40 a.m. Moved by Councilor West to approve Ordinance 47-2018. Motion seconded by Councilor Desai and carried by the following vote: Ayes: Mayor Santellana, Councilors Browning, Chenault, Desai, West, and Whiteley Nays: None - - - - - - - Mayor Santellana recessed the meeting for a break at 10:41 a.m. Mayor Santellana reconvened the meeting at 11:06 a.m. Councilor Chenault left the meeting during the recess. - - - - - - - Item 6b Public Hearing and Approval of Ordinance 48-2018 8:47 a.m. Conduct public hearing and take action on Ordinance 48-2018 to rezone 19.57 acres of land located along Iowa Park Rd. \[original tract - 108.77 acres; Abstract 254 (G.W. Scott Survey) and Abstract 40 (J.R. Cooke Survey)\] to be referred as 3737 Iowa Park Rd.; from Single Family-1 Residential (SF-1) to Heavy Industrial (HI) to allow for expansion of an existing manufacturing facility; and amending the Land Use Plan to change the area from Low-Density Residential to Light Industrial Mayor Santellana opened the public hearing at 11:07 a.m. Dana Schoening, Director of Community Development, gave an overview of the request to rezone from Tom Tryer in order to expand business. There were no public comments. City Council Minutes October 2, 2018 Page 9 Mayor Santellana closed the public hearing at 11:12 a.m. Moved by Councilor West to approve Ordinance 48-2018. Motion seconded by Councilor Desai and carried by the following vote: Ayes: Mayor Santellana, Councilors Browning, Desai, West, and Whiteley Nays: None - - - - - - - Item 6c Public Hearing and Approval of Ordinance 49-2018 11:12 a.m. Conduct public hearing and take action on Ordinance 49-2018 rezoning a total of 5.63 acres of land located at 4701 Wyoming (Lot 1, Block 110, Westmoreland Park and Adjacent Property) and adjacent right-of-way from Single Family-2 Residential (SF-2) to Multi-Family Residential (MFR) to allow for development of multiple duplexes on the same lot; and amending the Land Use Plan to change the area from Low-Density Residential and Institutional to High-Density Residential Mayor Santellana opened the public hearing at 11:13 a.m. Dana Schoening, Director of Community Development, gave an overview of the request to rezone Westmoreland Park and 4701 Wyoming. There were no comments from the public. Mayor Santellana closed the public hearing at 11:18 a.m. Moved by Councilor West to approve Ordinance 49-2018. Motion seconded by Councilor Desai and carried by the following vote: Ayes: Mayor Santellana, Councilors Browning, Desai, West, and Whiteley Nays: None - - - - - - - Item 6d Public Hearing and Approval of Ordinance 50-2018 11:18 a.m. City Council Minutes October 2, 2018 Page 10 Conduct a public hearing and take action on Ordinance 50-2018 Amending the Wichita Falls Thoroughfare Plan by Removing the Proposed Allendale Road Extension (Major Collector) from Southwest Parkway to Falcon Crest Boulevard; and Renaming Remaining Extension as Falcon Crest Boulevard Mayor Santellana opened the public hearing at 11:19 a.m. Dana Schoening, Director of Community Development, gave an overview of the request to amend the Wichita Falls Thoroughfare Plan. There were no public comments. Mayor Santellana closed the public hearing at 11:25 a.m. Moved by Councilor West to approve Ordinance 50-2018. Motion seconded by Councilor Desai and carried by the following vote: Ayes: Mayor Santellana, Councilors Browning, Desai, West, and Whiteley Nays: None - - - - - - - Item 6e Public Hearing and Approval of Ordinance 51-2018 11:26 a.m. Conduct a public hearing and take action on Ordinance 51-2018 amending the Code of Ordinances, Appendix B: Zoning, regarding the following regulations: outdoor display in the Central Business District (CBD); projections and structures allowed in setback areas; definitions and land uses in Heavy Industrial (HI), Light Industrial (LI) and General Commercial (GC) zoning districts; and landscaping provisions; providing a repealer clause; and providing for inclusion. Mayor Santellana opened the public hearing at 11:26 a.m. Dana Schoening gave an overview of the proposed ordinance amendment. Councilor Whiteley discussed a concern about portable shooting ranges and it was stated that Staff will research this issue. There were no public comments. Mayor Santellana closed the public hearing at 11:38 a.m. Moved by Councilor West to approve Ordinance 51-2018. City Council Minutes October 2, 2018 Page 11 Motion seconded by Councilor Desai and carried by the following vote: Ayes: Mayor Santellana, Councilors Browning, Desai, West, and Whiteley Nays: None - - - - - - - Item 6f Ordinance 52-2018 11:39 a.m. Ordinance amending Chapter 14 Animals, Division 3 Impoundment, at Section 14- 369, Facilities authorized; providing for codification, and declaring an emergency. Moved by Councilor Desai to approve Ordinance 52-2018. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Browning, Desai, West, and Whiteley Nays: None - - - - - - - Item 7a Resolution 106-2018 11:43 a.m. Resolution approving the programs and expenditures of the Wichita Falls Economic Development Corporation (WFEDC) and amending the budget to include up to $50,000 for Arconic Wichita Falls to repair railroad tracks on Bacon Switch Road. Moved by Councilor Desai to approve Resolution 106-2018. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Browning, Desai, West and Whiteley Nays: None - - - - - - - Item 7b Resolution 107-2018 11:48 a.m. City Council Minutes October 2, 2018 Page 12 Resolution approving the programs and expenditures of the Wichita Falls Economic Development Corporation (WFEDC) Budget for Fiscal Year 2018-19. Moved by Councilor Desai to approve Resolution 107-2018. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Browning, Desai, West and Whiteley Nays: None - - - - - - - Item 7c Resolution 108-2018 11:52 a.m. Resolution authorizing the purchase of three (3) Automated SideLoaders through the BuyBoard Purchasing Cooperative from Bruckner Truck Sales, Inc. in the amount of $467,220.00 and Texan Waste Equipment, Inc. dba Heil of Texas, in the amount of $474,400.00 Moved by Councilor Desai to approve Resolution 108-2018. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Browning, Desai, West and Whiteley Nays: None - - - - - - - Item 7d Resolution 109-2018 11:55 a.m. Resolution authorizing the City Manager to execute a New Water Purchase Contract with the Archer County Municipal Utility District Moved by Councilor Desai to approve Resolution 109-2018. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Browning, Desai, West and Whiteley Nays: None City Council Minutes October 2, 2018 Page 13 - - - - - - - (Item 7e was taken out of order earlier in the meeting) - - - - - - - Item 7f Resolution 111-2018 11:58 Resolution authorizing the City Manager to enter into a Lease Agreement with the Boys & Girls Club of Wichita Falls for use of land at Lake Wichita for youth programs offered to the community Moved by Councilor Desai to approve Resolution 111-2018. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Browning, Desai, West and Whiteley Nays: None - - - - - - - Item 7g Resolution 112-2018 12:05 p.m. Resolution authorizing the City Manager to enter into a contract with the Work Services Corporation for grounds maintenance of various parks and medians Moved by Councilor Desai to approve Resolution 112-2018. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Browning, Desai, West and Whiteley Nays: None - - - - - - - Item 8 Items of Concern to Members of the City Council 12:11 p.m. Members of the City Council presented the following matters: Councilor Desai - Happy Birthday to Bobby Whiteley. City Council Minutes October 2, 2018 Page 14 Councilor Whiteley Gave shout out to Chief Borrego and staff for helping out with Special Olympics, your community service did not go unnoticed. Councilor West Invited everyone to Wichita Theatre to see North Texas Rising, a production about the history of Wichita Falls. Mayor Santellana Stated that he attended North Texas Rising last year and it is a great production. Thank you to everyone for their patience during this long meeting. - - - - - - - Item 9 Comments from the Public to Members of the City Council Concerning Items That Are Not on the City Council Agenda. 12:11 p.m. Richard Graham 3400 Onaway Trail, addressed the council in reference to sidewalk repairs and funding. Mr. Graham shared some information with the council in reference to research he has conducted on sidewalk issues. Mr. Graham read a Texas Supreme Court ruling from January 1938 in reference to sidewalk repairs and stated he would like to bring this up for future discussion on an agenda. - - - - - - - Item 10 Adjourn Mayor Santellana adjourned the meeting at 12:17 p.m. th PASSED AND APPROVED this 16 day of October, 2018. ________________________________ Stephen L. Santellana, Mayor ATTEST: ____________________________________ Marie Balthrop, TRMC, CMC City Clerk City Council Minutes October 2, 2018 Page 15