Downtown Development Steering Committee Minutes - 08/06/2018
M
INUTES OF THE
DDSC(DDSC)
OWNTOWN EVELOPMENT TEERING OMMITTEE
August 6, 2018
P:
RESENT
Mayor Stephen Santellana §
DeAndra Chenault (3:39 p.m.) §
Danny Ahern §
Dave Clark §
Rick Hatcher §
Cody Magana §
Scott Poenitzsch §
Dusty Potter §
Ripley Tate §
Paul Menzies, Assistant City Manager § City Staff
Dana Schoening, Director, Community Development §
Jim Dockery, Deputy City Manager §
R. Kinley Hegglund, Jr., City Attorney §
Marie Balthrop, City Clerk §
John Burrus, Director, Aviation, Traffic & Trans. §
Russell Schreiber, Director, Public Works §
Pat Hoffman, Property Management §
Bobby Teague, Assistant Dir. Community Dev. §
Susan Morris, Environmental Administrator §
Rita Miller, Code Enforcement §
A:
BSENT
Jesse Brown
Christy Whiteley
______________________________________________________________________
1. Call to Order
Mayor Stephen Santellana called the meeting to order at 3:30 p.m.
2. Approval of Minutes of Meetings of July 2, 2018
3:30 p.m.
Motion made by Mr. Hatcher to approve the minutes of the July 2, 2018 meeting.
Motion seconded by Mr. Poenitzsch and carried by the following vote:
Ayes: Santellana, Ahern, Clark, Hatcher, Magana, Poenitzsch, Potter, and Tate,
DDSC Minutes of July 2, 2018 2
Nays: none
3.Sidewalk Improvement Plan Presentation Paul Menzies, Assistant City Manager
3:31 p.m.
Paul Menzies, Assistant City Manager, presented a recap from the last meeting in
reference to the law on the Maintenance of the Right-of-Way between the property line
and the curb being the responsibility of the property owner. Mr. Menzies discussed the
sidewalk maintenance and the liability issues involved if the sidewalk is not maintained
and someone is injured. Once the Public Works Director determines there is a nuisance,
the property owner will be notified and will have a 30-day time period to rectify the
issue, according to the City of Wichita Falls Code of Ordinances. Mr. Menzies stated
that the plan is to take a more lenient approach to enforcement. Mr. Menzies discussed
the current law and how it applies to the current issues in photos that were provided. Mr.
Menzies presented Phase 1 and Phase 2 of Streetscapes Plan and suggested using the
same phases for the sidewalk improvement plan. The initial focus will be from now until
mid 2019. Mr. Menzies presented a proposed general compliance timeline.
Meeting with property owners
Courtesy notice mailed to affected property owners (not 30-day notice). Will
have 120 days to meet with city to discuss compliance and funding. The goal is
that each property owner will be aware of the issues before the courtesy notice is
sent.
After initial notice if no response the official 30-day notice will be mailed if
necessary.
April 2019 Tree planting deadline
Mayor Santellana discussed concerns with asking the property owner to repair the
sidewalk before the tree issue is taken care of. Mr. Menzies stated that each situation
will be unique. We have readily admitted that part of the problem was due to a city tree
planting program implemented over twenty years ago. To assist with that, it is
recommended that the 4B Economic Development Corporation increase their annual
program for Downtown. This program has up to a $5000 match to property owners for
sidewalk repairs.
Mr. Hatcher commented on the 120-day window and suggested maybe a 60-day window
in order to give more time on the back end for compliance. Mr. Menzies stated that the
same concerns came up during staff discussion, and that the earlier deadlines all ended
up being right around Christmas and staff did not to want any of the deadlines to fall
during that time. Mr. Poenitzsch stated that he really likes this approach. Mr. Ahern
asked about who would pay for the trees, and it was discussed that if property owners
choose a tree off the list of about five species, and a tree at least diameter, then the 4B
money would be available. Mr. Ahern asked if it was a possibility to not replace the tree
and it was stated that yes that is a possibility. Everything will be decided on a case by
case basis.
DDSC Minutes of July 2, 2018 3
Russell Schreiber, Public Works Directed, clarified that the decision to remove or leave a
tree will be left up to the property owner. Oak trees are causing most of the problems
and almost all of those need to be removed/replaced. Planter boxes are allowed as long
as they do not obstruct the sidewalk but it will be the property owner
maintain them. Mr. Schreiber stated that the city will only be dealing with about 15-20
property owners. There were concerns about allowing the property owners to make the
decision about removing the tree and the possibility that multiple owners in a row will
decide to remove their trees and we will just be left with sidewalk. It was discussed to
possibly require some other type of landscaping if a tree is removed.
Mayor Santellana reiterated the courtesy notice and the need to educate property owners
before the letters are mailed out and asked Jana Schmader, Director Downtown Wichita
Falls Development Inc., to assist with that.
4. Committee Reports
3:50 p.m.
Historic Preservation
Delores Culley was not present.
Lifestyles
Cody Magana presented a slide presentation on cleanup efforts downtown.
Multiple items were submitted through the Access Wichita Falls App. A total of
twenty-six items were submitted. Twenty-four of the items have been resolved
and two are pending. The committee received fourteen responses, eight of which
stated that the concern reported was not in violation of current city ordinances.
Two volunteer groups have worked over the last couple of months to help with
the cleanup. Volunteers were able to complete substantial weed/rubbish cleanup
over the last four weeks. Mr. Magana asked about maintaining the cleanup efforts
going forward, and discussed the items that are beyond the scope of volunteer
work. It was suggested to find a way to upgrade the parking areas downtown.
Mayor Santellana commended Mr. Magana for not just submitting complaints but
also being proactive about the solutions by getting volunteer groups to help with
cleanup.
Marketing
Dusty Potter stated that the marketing committee did not have a report, but the
Downtown Art Walk had the biggest turnout yet and that Crosswalk Art will be
coming soon.
5. Committee Reports and Possible Action
DDSC Minutes of July 2, 2018 4
Streetscapes
Scott Poenitzsch presented a slide presentation and gave an update on the
streetscapes subcommittee. Mr. Poenitzsch discussed short term and long term
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actions. The sub-committee has identified Indiana and 8 Streets as the highest
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priorities and would like to begin with 8 Street. The Texas Stars and
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landscaping are already completed on 8 Street, but it does need some sub-surface
infrastructure repairs. Cost estimates prepared by Freese & Nichols were
presented. Estimate of $3.2 million with an additional $200,000 for
water/wastewater improvements. Mr. Poenitzsch discussed sidewalk and tree
improvements, and the availability of 4B matching funds for these projects.
Mr. Poenitzsch stated that the committee is asking for action on Focused Street
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Improvement and focusing on 8 Street. Jim Dockery brought up the possibility
of using TIF funds as a funding/borrowing source. TIF 4 is earning increments
and those funds can be used to pay the debt.
Regulatory
Dana Schoening, Director of Community Development, presented a slide
presentation of fourteen priority items that were brought forward listed from high
to low impact. The first priority is to realign the zoning districts in the downtown
area. This will restrict some of the uses currently in these areas to help remove
eyesores. The second priority is to update the Central Business District for the
downtown area to match the vision. This will include some architectural
requirements for new construction to keep consistency in the buildings in the
downtown area. It would also include looking at parking requirements and
parking lots in the downtown area. The third priority is to develop an overlay
district for the downtown area. This will assist with uniformity in building
requirements specific to the downtown area. The fourth priority is to adopt the
International Property Maintenance Code in the greater downtown area so that we
can apply enforcement, and there is an option to bring forward a Standard of Care
Ordinance. Mr. Schoening expressed his appreciation to Mr. Magana for bringing
forward the concerns via Comcate that have assisted with deciding what can be
done going forward to help maintain the downtown area. The medium priority
items are direct code enforcement efforts downtown, implementing incentive
programs, capitalizing on downtown improvement grants, and creating a position
for a downtown development coordinator. There are six lower impact items
discussed from the diagnostic plan including revised regulations of the river
development district, parking issues, required bike parking, incorporating a
schedule of the development process, educating the public about development
assistance, and amending the outdoor dining ordinance to reflect streetscapes
recommendations.
DDSC Minutes of July 2, 2018 5
Mr. Ahern discussed that most of the recommendations on this list came from the
consultant. Mr. Ahern is asking for ½ of the list to be pushed forward to the City
Council item numbers 1, 2, 3, 4, 5, 9, 10, and 12. There is no expected cost at
this time, and these items can be accomplished with staff time. Paul Menzies
discussed that several of these items will be moving forward simultaneously, and
we do not feel we will need to spend money on a consultant due to there being
enough staff expertise at this time.
Moved by Cody Magana to move these items forward to the City Council.
Motion seconded by Rick Hatcher.
Ripley Tate stated that he wanted to make sure that we are not omitting the other
issues, but rather just moving forward with these eight items at this time. Paul
Menzies clarified that this motion just moves the items to the council, council will
take this forward to staff. Mr. Tate stated that this will follow the normal
Planning & Zoning process. As future development moves forward these new
regulations will be in place to be consistent with priorities for downtown.
The Motion carried with the following vote:
Ayes: Santellana, Ahern, Clark, Hatcher, Magana, Poenitzsch, Potter, and Tate,
Nays: none
(Councilor Chenault left the meeting prior to the vote at 4:29 p.m.)
Finance
Dave Clark thanked the finance committee for their work. Mr. Clark discussed
potential ways to raise money to fund projects and stated that there is a list of
funding options on the cities website, which should be easier to find. It was
recommended that either a new program be set up or possibly use the existing
program and adding an additional $50,000 to the 4B grant with a specific push to
be used for sidewalk and tree issues. It was suggested that TIF #4 meet and give
priority to some of the items discussed today. The finance sub-committee also
recommends further development on the business improvement district which
would require a meeting with the downtown property owners. Mayor Santellana
expressed his appreciation for the finance committees work coming up with
multiple funding sources. Ripley Tate asked if they have come across any other
funding mechanisms that are not tax based or possible grants. Mr. Tate stated
there are several public businesses that fund grants when you advertise their
names on the improvements that are made.
DDSC Minutes of July 2, 2018 6
6Public Comments
.
4:57 p.m.
Sam Pak asked about the concrete and if the property owner no longer wants the tree on
their property will the city install the concrete? Mr. Pak discussed his concerns about
consistency in the work completed. There was brief discussion about agreements that
were signed with original property owners. Pat Hoffman, Property Management
Administrator, stated that the original agreement ties to the property address, not the
original owner. Concerns were discussed about this not being disclosed to new property
owners. Pat Hoffman suggested that new agreements be signed and filed. Kinley
Hegglund, City Attorney, stated that there is no enforcement on the prior agreements
signed by previous property owner unless it is addressed by ordinance. Mr. Pak is
concerned about having some teeth moving forward for enforcement, and having the
agreement transferable and full disclosure during the sale of the property. Mr. Hatcher
discussed that this will be addressed in the predevelopment meeting. Mr. Pak asked
about the five trees that they have selected for the list and asked who came up with the
list. Mayor Santellana stated that a certified arborist identified the five types of trees.
7. Other Business
5:10 p.m.
Upcoming meeting with Freese & Nichols
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Next meeting with Freese & Nichols has been moved from August 16 to
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September 17 and the meeting will be held after 5:00 p.m. so that downtown
property owners can attend. This would be the first step of implementation and
educating property owners. The second part of the meeting will be to sit down
with the consultant to address property maintenance ordinances specifically to the
downtown area.
8. Adjourn
There being no further business, the meeting adjourned at 5:11 p.m.
______________________________
Mayor Stephen Santellana, Chair
Downtown Development Steering Cmte.