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Min 04/16/2019 City of Wichita Falls City Council Meeting Minutes April 16, 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 Mike Rucker, Pastor, Bible Baptist Church, gave the invocation. - - - - - - - - Item 2b Pledge of Allegiance Mayor Santellana led the Pledge of Allegiance. - - - - - - - - Item 3a Presentation EPA Pisces Award, Director Kathleen Jackson, Texas Water Development Board 8:32 a.m. Kathleen Jackson, Texas Water Development Board, addressed the council to present the Pisces Award from the Environmental Protection Agency for the Permanent Reuse Project. Ms. Jackson noted that Wichita Falls was nominated by the Texas Water Development Board and there are only five of these awards given nationwide. Ms. Jackson stated that when you talk about reuse, the absolute example she and others use is Wichita Falls. Ms. Jackson stated that this project is one of the most significant water supply projects of this century and that communities can have the technology and funds, but it is up to the local leadership to move projects like this forward. This award is a tribute to the leadership of our city staff and community. Mayor Santellana thanked Russell Schreiber and Daniel Nix for their leadership, thanked all of the employees in their departments for their work on this project, and congratulated them for the award. - - - - - - - - Mayor Santellana moved to item 3c. Item 3c Proclamation Public Safety Telecommunicator Week, Police Department 8:38 a.m. Mayor Santellana read a proclamation proclaiming the week of April 14-20, 2019, as National Public Safety Telecommunicators Week in Wichita Falls, and expressed his gratitude for the outstanding work of the Telecommunicators of the Wichita Falls Police Department, who do so much to ensure the safety and security of our lives and property. - - - - - - - - Item 3b Proclamation Sexual Assault Awareness Month, First Step, Inc. 8:41 a.m. Mayor Santellana read a proclamation proclaiming the month of April 2019, as Sexual Assault Awareness Month in Wichita Falls and encourage all citizens to join advocates across our community in taking action to prevent sexual violence. While April is Sexual Assault Awareness Month, each day of the year is an opportunity to create change for the future. Laura Hetrick, Board Secretary, First Step, Inc., thanked the City Council for their support. City Council Minutes April 16, 2019 Page 2 - - - - - - - - Item 3d Proclamation Operation Fresh Start, New Jerusalem Baptist Church/Angus Thompson 8:44 a.m. Mayor Santellana read a proclamation proclaiming April 16, 2019, as Operation Fresh th Start Day in Wichita Falls, and encouraged citizens to join together on April 13 for the ndth 2 Annual Church, Community, and School Fundraiser; along with the May 4 Clean- Up-Fix-Up Campaign. Angus Thompson, New Jerusalem Baptist Church, thanked the Mayor, City Council, staff, and citizens for their support. - - - - - - - - Item 3e Presentation of Comprehensive Annual Financial Report by Edgin Parkman, Fleming, & Fleming, PC 8:47 a.m. Mike Edgin, Edgin, Parkman, Fleming & Fleming, P.C., addressed the council and presented the Annual Financial Report for 2018. Mr. Edgin stated that the city has achieved the Certificate of Achievement for Excellence for Financial Reporting from the Government Finance Officers Association in the past, and the report will be submitted for that award again this year. It was a very positive year with no findings and no questions. Mr. Edgin stated that the staff was great to work with and his firm appreciates the working relationship they have, and commended the city for their excellent work with such a small staff. Mayor Santellana thanked Mr. Edgin, and Darron Leiker, City Manager, reminded everyone that the Annual Financial Report is available - - - - - - - - Item 4-5 Consent Items 8:52 a.m. City Manager Darron Leiker gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Browning to approve items on the consent agenda. Motion seconded by Councilor Brewer and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, West, and Whiteley City Council Minutes April 16, 2019 Page 3 Nays: None Item 4 Approval of minutes of the April 2, 2019 Regular Meeting of the Mayor and City Council Item 5 Receive Minutes Minutes of the following boards and commissions were received: (a) (b) Lake Wichita Revitalization Committee, February 12, 2019 (c) Park Board, February 28, 2019 (d) Lake Wichita Revitalization Committee, March 12, 2019 - - - - - - - Item 6a Public Hearing and Ordinance 08-2019 8:53 a.m. Conduct a public hearing and take action on an ordinance 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 8:53 a.m. Rita Miller, Code Enforcement/Housing Administrator, addressed the council and discussed the dangerous structure criteria, demolition process, notice timeline, and presented the following properties for demolition: 102 Bebe Lane, Main Structure Date of notice March 1, 2018, taxes owed $2,019.58, and water has been disconnected since January 20, 1982. No public comments. 402 Dallas St., Main Structure Date of notice May 4, 2018, no taxes are owed, and water was disconnected May 3, 2011. No public comments. 1515 Garfield St., Main & Accessory Structure Date of notice September 11, 2018, no taxes are owed, and water disconnected April 12, 2018. There was a fire at this property on April 9, 2018. No public comments. 812 Linda Lane, Main Structure Date of notice February 24, 2017, no taxes are owed, and water was disconnected April 27, 1993. Ricky Shelby, 3106 Miami, addressed the council and stated that he would like the structure to be demolished by the city. City Council Minutes April 16, 2019 Page 4 106 Morningside Dr., Accessory Structure Only Date of notice May 29, 2018, no taxes are owed, and water is active. Steve Mills, 106 Morningside, addressed the council and stated that he bought the house 30 years ago and used this building to store supplies while he worked on the main structure. In May of last year he received notice to demolish the structure, and he started emptying the building and contacted an individual to demolish the property by the due date. Mr. Mills stated that the city would not permit the individual to demolish the structure and he was told to contact the planning department. According to the Planning Department since the structure is in the Morningside District there are different rules. Due to timing issues Mr. Mills was unable to get on the Landmark Commission agenda until September, and he attended the meeting and discussed the major drainage problem and issues with restoration. Mr. Mills did not hear any resolution at the meeting, so he addressed the Planning Department and was told he would be sent a letter that stated he could do what he wanted with the accessory structure. Mr. Mills planned to demolish the building in the spring. Mr. Mills is here due to the notice he received from the City to appear at this public hearing. Mr. Mills feels that he can have the building removed in 60 days, and would like clarification of Morningside Historic District, and asked that the city look at the water channel that goes through this area. Councilor West addressed Mr. Mills and stated that he believed that he was referring to the Landmark Commission and the Historic District. Mayor Santellana asked that we address any issues other than those dealing with the accessory building at another meeting. Karen Montgomery-Gagné, Planning Administrator, addressed the council to discuss the process with the Landmark Commission, and stated that this issue went before the commission in September 2018. Drainage issues were discussed, the Landmark Commission ruled on the case and a letter was sent to Mr. Mills saying the building may be demolished. It was the commissions understanding that Mr. Mills needed additional time to address the drainage issue. Ms. Montgomery-Gagné discussed that before permits can be issued in historic districts, property owners must go before the Landmark Commission, and until the Landmark Commission reviews the case and a ruling is made no permit can be issued. Mr. Mills has had the ability to pull a permit since September 2018. Mr. Mills would like to use the contractor he has already been working with and obtain a permit and demolish the building within 60 days. It was noted that the individual must be a licensed and bonded contractor. 309 Paradise St., Main Structure Date of notice September 5, 2018, taxes owed $335.45, and water was disconnected February 3, 2003. No public comments. 2220 Princeton Ave., Secondary Living Quarters Only Date of notice May 30, 2018, taxes owed $1,334.47, and water is active on front structure only. No public comments. City Council Minutes April 16, 2019 Page 5 1411 N. Rosewood Ave. Rear, Accessory Structure Only Date of notice September 6, 2018, taxes owed $33.63, and there is no water meter. No public comments. 2706 Texas Ave., Main & Accessory Structure Date of notice September 5, 2018, taxes owed $140.31, and water disconnected on May 20, 2010. No public comments. 1213 Tulip St., Main Structure Date of notice September 6, 2018, taxes owed $2,579.50, and water disconnected on October 18, 2011. No public comments. 409 Tulsa St., Main & Accessory Structure Date of notice September 6, 2018, taxes owed $454.62, and water was disconnected September 12, 2007. This property is in the 100 year flood plain and was damaged fifty percent or more in the 2007 flood. No public comments. th 615 7 St., Commercial Property Date of notice July 10, 2018, no taxes owed, and water was disconnected March 5, 1985. Syd Litteken, 1904 Clubview, is working for the owner, Jacob Scott, and has been working on this project since 2008. This property is in Depot Square Historic District area downtown that is currently being restored. Mr. Litteken would like to save the façade of the building, and has a plan in place, but the plan does not fall in place with historic requirements. It will cost approximately $170,000 to repair façade and put a roof on the building. Jacob Scott, 2532 Oakcliff, Houston, TX., addressed the council and discussed his desire to save downtown historic buildings. Mr. Scott purchased the building in hopes of restoring it and has been working with Syd Litteken to accomplish this. Mayor Santellana discussed public safety issues and the commitment and required financing to repair the building. Rita Miller, Code Enforcement/Housing Administrator, stated that the council does have the option to allow a restoration permit, and also leave the property on the list so that it would not have to come before council again. Councilor West asked about timeline and expressed his concerns regarding safety issues. Mr. Litteken stated it would take 30-45 days for engineering and plans to submit for a permit, and then approximately three months for work to be completed. Karen Montgomery stated that since it is in the Depot Square Historic District this would have to go through the Landmark Commission before a restoration permit can be issued. Darron Leiker asked Mr. Litteken if it is a possibility that the front wall could fall over today, and what can we do today to secure this. Mr. Litteken stated that he feels the building is pretty stable and within a couple of days he could shore up and stabilize the structure. City Council Minutes April 16, 2019 Page 6 Mayor Santellana addressed the immediate need for safety and liability concerns, and the need for stabilization in a short timeframe. Stacy Flood, Wichita County Heritage Society, addressed her concern for losing another historic building. She would hate to see another historic structure demolished and feels that Mr. Litteken has a good plan. Mr. Scott stated that this has taken time due to many architects and builders being tied up due to other downtown projects and he really wanted Mr. Litteken behind him on this project. Councilor Whiteley discussed the many citizen complaints he has received and the liability concern. Councilor Whiteley expressed that he would like to see the building saved and for Mr. Scott to succeed, but the city has to take immediate steps for public safety. Mr. Litteken and Mr. Scott stated they feel they can stabilize and shore up both front and back walls within five days. Mr. Litteken will be the point of contact since Mr. Scott is stationed in Houston. th 1817 9 St., Accessory Structure Only Date of notice August 7, 2018, taxes owed $2,667.49, and water is active to the front structure. No public comments. th 1417 24 St., Main Structure Date of notice September 11, taxes owed $537.29, and water was disconnected October 21, 2011. No public comments. Mayor Santellana closed the public hearing at 9:42 a.m. Mayor Santellana suggested addressing each property separately, and Ordinance 08- 2019 was approved with the following votes: Separate motions were made by Councilor West, to move forward with the demolition as described in the Ordinance for the following properties: 102 Bebe Ln., Main Structure 402 Dallas St., Main Structure 1515 Garfield St., Main & Accessory Structures 812 Linda Ln., Main Structure 106 Morningside Dr., Accessory Structure Only 309 Paradise St., Main Structure 2220 Princeton Ave., Secondary Living Quarters Only 1411 Rosewood R. Ave, Accessory Structure 2706 Texas Ave., Main & Accessory Structure 1213 Tulip St., Main Structure 409 Tulsa St., Main Structure th 1817 9 St., Accessory Structure Only City Council Minutes April 16, 2019 Page 7 Motions were seconded by Councilor Whiteley and all motions were approved with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, West, and Whiteley Nays: None th Moved by Councilor Whiteley to authorize 615 7 Street for repair contingent upon stabilizing the front and back walls within five (5) calendar days, and obtaining a restoration permit within ninety (90) days, and if the owner fails to meet the five-day deadline the City will revert back to the original 30-day dangerous building demolition order. Motion seconded by Councilor West and carried with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, West, and Whiteley Nays: None - - - - - - - Item 7a Resolution 38-2019 9:51 a.m. Resolution authorizing the City Manager to execute an Advance Funding Agreement (AFA) with Texas Department of Transportation for the construction of a Shared Use Path from Barnett Rd to Seymour Hwy in the amount of $63,733.00 Moved by Councilor Brewer to approve Resolution 38-2019. 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 7b Resolution 39-2019 9:53 a.m. Resolution authorizing the City Manager to approve Change Order No. 1 for the 2018 Water Budget Utility Improvement Project a deduction of $70,107.00 City Council Minutes April 16, 2019 Page 8 Moved by Councilor Chenault to approve Resolution 39-2019. 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 8 Items of Concern to Members of the City Council 9:56 a.m. Members of the City Council presented the following matters: Councilor West Congratulations to Leadership Wichita Falls for making that commitment and giving up your Tuesdays. It is a great program that changed the direction of his life and opened his eyes to the needs of the community. Congratulations for taking part in that and thank you for being here today. Councilor Whiteley Would like to second comments on Leadership Wichita Falls. It is very important to get involved in our community and this is a great first step. Thank you to Russell and Daniel and past council members for the work on the water reuse project. Councilor Whiteley stated that he got to receive recognition and an award for a project that was done prior to his time on the City Council, and we need to remember those that came before us on prior councils that worked on this project. Councilor Chenault Good morning and thank you for coming out and thanked Leadership Wichita Falls for attending today. Happy Easter. Councilor Brewer Asked the City Manager to bring some light to HB 2 and the vote on property tax relief. Darron Leiker, City Manager, addressed HB 2 and SB 2 and how they will affect property tax revenue. Currently there is an 8% cap on a year to year increase and a petition required for a rollback election. The proposals being considered propose a lower cap, and would make the rollback rate go to an automatic vote of the public. HB 2 has a 2.5% cap that would be on existing properties, not new growth. SB 2 has increased to a 3.5% cap. House hearings have been postponed until next Wednesday, and the House has carved out school districts and special districts where the Senate has not. The House and Senate will have to agree on a rate and details before this can move forward. This will impact our upcoming budget process. Councilor Jackson Thank you for coming out today. He hopes we were able to satisfy Mr. Mills needs on permits. Thank you to Mr. Schreiber for the water project and City Council Minutes April 16, 2019 Page 9 award, the Cypress Water Plant is amazing and he wishes everyone could tour it. Council Jackson stated that he has received many phone calls from people worried about tax appraisals and hopes that we can work through this, and expressed his concerns over property appraisal increases. Councilor Jackson stated that he appreciates all of the calls he received expressing concern and he wants people to know he will do anything he can to help. Mayor Santellana stated that appraisals are independent and are not a council or city function, but rather a function of an independent state agency. Councilor Jackson stated that in his opinion it still needs to be addressed. Darron Leiker, City Manager, stated that the appraisal district is a separate entity that works under state laws governing the appraisal process. There is a protest process where citizens can state their case before the appraisal board. Council does not have anything to do with the appraisal district, and only has influence over the city tax rate. It would be against the law for the city to have any influence over the appraisal process. Mr. Leiker suggests referring citizens to the appraisal district and their website where citizens can see how other like properties are valued and see a detailed explanation of the appeal process. Councilor Jackson stated that he has referred citizens to the appraisal district and he hopes that as a city and as a whole we can all work through this so that it is fair to everyone regardless what side of town you live on. Mayor Santellana Encouraged the Council to help educate citizens on the appraisal process and remind them that the Council only has influence on the city tax rate. Mayor Santellana expressed that there have been comments about his property values decreasing, and he would prefer that his value would appreciate not depreciate. He feels this is due to comparable home sales in the area being down. Mayor Santellana thanked Leadership Wichita Falls for attending, for being community leaders, and for their commitment to the program. - - - - - - - Item 9 Comments from the Public to Members of the City Council Concerning Items That Are Not on the City Council Agenda. 10:10 a.m. There were no comments from citizens. - - - - - - - Item 10 Executive Session 10:10 a.m. City Council Minutes April 16, 2019 Page 10 Executive Session in accordance with Texas Government Code §551.087, to discuss or deliberate the offer of a financial or other incentive, including modification to an existing agreement, for a business prospect that the City Council seeks to have, locate, stay, or expand in or near the territory of the City of Wichita Falls and with which the City and/or economic development corporations created by the City are conducting economic development negotiations. Including Economic Development update. City Council reconvened at 11:14 a.m. Mayor Santellana announced that no votes or polls were taken. - - - - - - - Item 11 Adjourn Mayor Santellana adjourned the meeting at 11:14 a.m. th PASSED AND APPROVED this 7 day of May, 2019. ________________________________ Stephen L. Santellana, Mayor ATTEST: ____________________________________ Marie Balthrop, TRMC, CMC City Clerk City Council Minutes April 16, 2019 Page 11