Min 05/17/2022 City of Wichita Falls
City Council Meeting
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Item 1 - Call to Order
The City Council of the City of Wichita Falls, Texas met in regular session at 8:30 a.m. on
the above date in the Council Chambers at Memorial Auditorium with the following
members present.
Stephen Santellana - Mayor
Tim Brewer - Councilors
Jeff Browning -
Larry Nelson -
Michael Smith -
Darron Leiker - City Manager
Kinley Hegglund - City Attorney
Marie Balthrop - City Clerk
Absent: Bobby Whiteley, Mayor Pro Tem/At-Large, Steve Jackson, Councilor District 5.
Mayor Santellana called the meeting to order at 8:30 a.m.
Item 2a — Invocation
Pastor Bobby Gonzales, Southside Baptist Church, gave the invocation.
Item 2b — Pledge of Allegiance
Mayor Santellana led the Pledge of Allegiance.
Item 3-4— Consent Items
8:31 a.m.
Darron Leiker, City Manager, gave a briefing on the items listed under the Consent
Agenda.
Moved by Councilor Browning to approve the consent agenda.
Motion seconded by Councilor Smith and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, and Smith
Nays: None
Item 3 — Approval of minutes of the May 3, 2022, Regular Meeting of the Mayor and
City Council
Item 4 — Receive Minutes
(a) MPO-TAC, January 13, 2022
(b) Wichita Falls Economic Development Corporation (Amended), February 17, 2022
(c) Lake Wichita Revitalization Committee, April 12, 2022
Item 5a(i) — Public Hearing — Dangerous Buildings and Structures
8:32 a.m.
Mayor Santellana opened the public hearing at 8:32 a.m.
Terry Floyd, Director of Development Services, discussed the timeline and process for
notices sent to the property owners, and published in the newspaper. The following
properties were discussed:
414 Bonner, main structure — Date of notice February 20, 2020, taxes owed $1,809.31,
and water disconnected 05/02/2001 . No public comments.
2602 Buchanan, main structure — Date of notice October 29, 2021, taxes owed $255.43,
and water disconnected October 27, 2020 due to fire. No public comments.
600 Burnett, main structure — Date of notice October 13, 2021, taxes owed $637.41, and
water disconnected 09/02/2021. Ownership transferred and not updated at the Appraisal
District so this property will be removed so the new owners can be properly notified.
1711 Elizabeth, main structure — Date of notice February 27, 2020, no taxes owed, and
water disconnected April 3, 2018.
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Ambroso Barboza, 3012 Pennsylvania Rd., addressed the Council and requested
additional time due to health issues. He has five individuals interested in purchasing the
property to either refurbish or demolish and all are aware of the City requirements. He
requested a ninety day extension.
Rita Miller, Code Enforcement and Housing Administrator, suggested that if the Council
granted an extension it be for ninety days from today, and noted that the work would need
to be completed by a licensed contractor. If sold, the new owners would need to obtain
a permit and make substantial progress within the ninety days.
505 N. MLK Jr., main structure— Date of notice October 29, 2021, taxes owed $2,304.55,
and water disconnected May 2, 2021. No public comments.
1903 Taylor, accessory structure only (also known as 2307 1/2 Ave. I) — Date of notice
September 23, 2020, no taxes owed, and water disconnected July 21, 2020, due to fire.
Vida Cooke, 1815 8th Street, requested to make this into a storage facility and stated she
has applied for a roofing permit. She would prefer to spend money to refurbish the building
instead of demolishing it.
Mrs. Miller stated the roofing permit is on hold pending the action taken today, stated that
more than the roof needed to be repaired since there is significant fire damage, and that
the work would need to be completed by a licensed contractor. Code Enforcement has
been receiving complaints on this property.
Wayne Smith, Building Official, discussed the requirements for a restoration permit,
repairs needed, and required inspections.
Councilor Brewer asked if the accessory structure was demolished would they be able to
rebuild it since there is a primary structure on the lot. Mr. Smith stated it depends on the
size and use of the lot and more research is required.
Mr. Leiker stated that a storage facility would be allowed, but if she wanted to have a
residence, she would be required to submit plans for evaluation.
Councilor Browning discussed the need for substantial improvement to the property within
ninety days if the restoration permit is granted. He expressed concerns that it has been
two years since the fire and no work has been completed.
Mayor Santellana asked Ms. Cooke if she understood the amount of structural work that
would have to be completed and she said she understood.
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Councilor Nelson asked the square footage of the property, and staff stated it is 1902
square feet. He feels she can get the work completed with the funds she said she has
available. He feels everyone trying to improve their property should be given a chance.
Mr. Floyd noted that it has been two years since the fire and no work has been completed.
Mayor Santellana asked why no work has been completed within the past two years and
Ms. Cooke said she had financial issues but has sold some property.
Councilor Smith asked about a licensed contractor and Ms. Cooke stated that she is a
licensed contractor. Staff said it was acceptable for Ms. Cooke to work on her own
properties since she is a licensed and bonded contractor.
702 Warford, rear apartment — Date of notice September 23, 2020, no taxes owed, water
disconnected March 25, 2020, and fire damage July 16, 2020. Mr. Floyd noted that there
is an active demolition permit and requested this property stay on the list. No public
comments.
2006 10th Street, main structure — Date of notice February 24, 2020, taxes owed
$3,770.26, water disconnected December 10, 2014, and fire damage September 6, 2019.
No public comments.
Two additional citizens asked to speak regarding their properties and staff stated those
properties were removed from the list and owners were notified.
Mayor Santellana closed the public hearing at 9:05 a.m.
Item 5(a)(ii) — Ordinance 15-2022
9:06 a.m.
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; declaring an emergency and immediate effective date
Moved by Councilor Smith to approve Ordinance 15-2022.
Motion seconded by Councilor Nelson.
Moved by Councilor Smith to amend the Ordinance to remove property at 600 Burnett
due to the property now having new ownership.
Motion seconded by Councilor Nelson and carried by the following vote:
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Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, and Smith
Nays: None
Councilor Smith moved to amend the Ordinance and allow ninety (90) days for the
restoration of 1711 Elizabeth.
Motion seconded by Councilor Brewer, and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, and Smith
Nays: None
Moved by Councilor Smith to amend the Ordinance and allow ninety (90) days for
restoration of 1903 Taylor, aka 2307 1/2 Ave I.
Motion seconded by Councilor Brewer and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, and Smith
Nays: None
Motion to approve the main motion as amended carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, and Smith
Nays: None
Item 5b — Ordinance 16-2022
9:08 a.m.
Ordinance amending Chapter 54, Floods, Division III Flood Hazard Reduction Standards,
Sections 54-92 through 54-94 as provided herein to meet Community Rating System
(CRS) Class 8 requirements and providing codification.
Moved by Councilor Brewer to approve Ordinance 16-2022.
Motion seconded by Councilor Browning.
Teresa Rose, Deputy Director of Public Works, discussed the required changes to the
Ordinance to keep our Class 8 rating, the benefits of participating in the CRS, discounts
for citizens for flood insurance, and FEMA's changes to the flood insurance risk rating.
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National Flood Awareness Week is March 13-19, 2022.
Motion carried by the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, and Smith
Nays: None
Item 5c — Ordinance 17-2022
9:25 a.m.
Ordinance appropriating $13,463.76 to the Special Revenue Fund for additional direct
award grant revenue from the State of Texas for the Texas Department of Transportation
Selective Traffic Enforcement Program ("Click It or Ticket") Wave Grant for Fiscal Year
2022 and authorizing the City Manager to accept said funds.
Moved by Councilor Browning to approve Ordinance 17-2022.
Motion seconded by Councilor Smith and carried with the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, and Smith
Nays: None
Item 5d — Ordinance 18-2022
9:26 a.m.
Ordinance appropriating $13,463.76 to the Special Revenue Fund for additional direct
award grant revenue from the State of Texas for the Texas Department of Transportation
Selective Traffic Enforcement Program ("Operation Slowdown") Wave Grant for Fiscal
Year 2022 and authorizing the City Manager to accept said funds.
Moved by Councilor Brewer to approve Ordinance 18-2022.
Motion seconded by Councilor Browning and carried with the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, and Smith
Nays: None
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Item 6a — Resolution 62-2022
9:28 a.m.
Resolution replacing Resolution 35-2022 and hereby authorizing the City Manager to
award bid and contract for the Lift Station No. 25 Roof Replacement Project to Felix
Salinas Group INC., doing business as Excel Construction Group, previously awarded in
Resolution 35-2022 to Excel Construction Group, LLC — Lubbock Division on March 15,
2022 in the amount of$26,775.00.
Moved by Councilor Browning to approve Resolution 62-2022.
Motion seconded by Councilor Smith.
Russell Schreiber, Director of Public Works, discussed the request from the contractor to
change the name on the contract to a different d.b.a. In the future, contracts will be
required to have a tax id number included to verify the legal name being used.
Motion carried with the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, and Smith
Nays: None
Item 6b — Resolution 63-2022
9:33 a.m.
Resolution to convey 19 Trustee parcels from the Wichita Falls ISD, Wichita County, and
City of Wichita Falls (Taxing Entities) and authorizing execution of the Quitclaim Deeds
to convey titles to City of Wichita Falls.
Moved by Councilor Brewer to approve Resolution 63-2022.
Motion seconded by Councilor Browning.
Pat Hoffman, Property/Lake Lot Administrator, discussed the following nineteen trustee
properties that are dedicated drainage ditches adjacent to City owned facilities that are
unable to be sold to the general public: 2109 Bluff, 2111 Bluff, 2118 Bluff, 2108 Burnett,
4240 Canyon Trails, 600 Elm, 604 Elm, 1012 Harlan, 2113 Roosevelt, 1000 Terral, 415
Wichita, 402 Woods, and 404 Woods. Wichita County Commissioner's Court and WFISD
School Board have both approved the conveyance of these properties to the City of
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Wichita Falls. It was noted that the Public Works department is in favor of the transfer of
ownership, that all properties are undevelopable, and the City already maintains them.
Motion carried with the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, and Smith
Nays: None
Item 6c — Resolution 64-2022
9:38 a.m.
Resolution to accept the written offers as presented for 3 Trustee parcels and authorizing
execution of the Quitclaim Deeds to convey titles for 720 Star Ave., 1955 Perigo St., and
207 E. Washington St. to Samuel Majano.
Moved by Councilor Brewer to approve Resolution 64-2022.
Motion seconded by Councilor Browning and carried with the following vote:
Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, and Smith
Nays: None
Item 7 — Public Hearing — Proposed Adoption of 2017 National Electric Code (NEC)
as the City's electrical code
9:41 a.m.
Mayor Santellana opened the public hearing at 9:41 a.m.
Paul Menzies, Assistant City Manager, discussed the need to adopt the 2017 NEC since
the approved NEC in the Code of Ordinances and what we are enforcing are different.
He explained a previous legal opinion regarding state law language regarding the
automatic update of the electrical code without Council action, and how previous City staff
implemented two updated codes based upon this opinion. Current legal staff disagrees
with this opinion and we are taking the required steps to adopt the 2017 NEC. Mr.
Menzies discussed the timeline of postings and required notifications, and stated that plan
reviews and inspections are currently being held to the 2005 NEC standards until this
issue is resolved.
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Terry Floyd, Director of Development Services, discussed the proposed adoption of the
2017 NEC, the dates of required postings, notifications sent to contractors, and the
purpose of the public hearing today. He discussed the proposed Ordinance which will
adopt the 2017 NEC, and update the Ordinance to delete any reference to the Board of
Electrical Examiners due to changes in state law and licensing requirements. All local
amendments to the NEC would carry forward in the proposed Ordinance, and Council will
consider approval at the June 7, 2022, meeting.
Councilor Browning discussed concerns with the removal of the Board of Electrical
Examiners, and replacing the board with Chief Building Official. He asked if the
Construction Board of Adjustment and Appeals (CBOA) would still be able to appeal the
NEC, and staff clarified that appeals would still go to the CBOA. Mr. Hegglund noted that
this is addressed in the proposed Ordinance in Sec. 22-403(b).
Michael Grassi, #7 Amber Valley, addressed the Council representing the North Texas
Homebuilders Association as the Government Affairs Liaison, and stated they are not in
favor of how this is being handled. The association feels that code adoptions should be
handled by the CBOA. He discussed the enforcement of the 2017 NEC while the 2005
NEC was in effect, and concerns with how that happened. Mr. Grassi stated that
contractors have been told in the past that the code had to be adopted in its entirety, but
he feels this should be discussed by the CBOA and a recommendation brought forward
to the Council. Mr. Grassi discussed LGC Chapter 214.214 which sets the 1999 NEC as
the state standard, discussed a town hall meeting held on February 22, 2022, regarding
the adoption of the 2020 NEC, provided a letter from the Texas Association of Builders
general counsel, discussed a stakeholders meeting held and discussed the requirements
of Sec. 214.217(f). He contends that the CBOA meets the requirements of LGC
214.217(f) and he believes this process should be stopped and sent back to the CBOA
for a recommendation.
Mayor Santellana asked Mr. Hegglund if there is any reason the Council cannot move
forward with this process.
Mr. Hegglund stated that the Council can move forward, discussed LGC 214.217 and
stated that section (f) is under question due to the Board of Electrical Examiners being
mentioned in the current Code.
Mr. Grassi asked why the CBOA was included initially for the adoption of the 2020 NEC
and other codes, and not now for the 2017 NEC. He stated that this has been a
contentious discussion for a year, expressed concerns with staff not knowing state
statutes, concerns with information not being shared with management, and concerns
with being told that the NEC has to be adopted in full.
Mayor Santellana stated that Council is taking care of updates to the language in the
Code, and the CBOA still has the ability to make recommendations. He discussed the
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importance of the CBOA as a board of professional licensed individuals, and discussed
the Council's responsibility to clean up the Ordinance.
Mr. Grassi noted that he does not have an issue with the cleanup of the wording of the
Ordinance, but feels the adoption of the NEC needs to go back to the CBOA to be
discussed. He discussed concerns with trust and misrepresentation, and suggested
rebuilding that trust by sending this back to the CBOA.
Mayor Santellana stated that trust needs to go both ways, and the responsibility of the
Council to address the issue since it has been brought to light.
Councilor Browning stated that this has been a learning process and he agrees with the
Mayor about moving forward, but also agrees that the CBOA should have a voice. He
feels meetings should be set to discuss the issues, and noted that they have been
meeting the 2017 NEC standards for some time and it needs to be adopted. Councilor
Browning stated that he has not received much feedback from electrical contractors
regarding the adoption of the 2017 NEC. He has reached out to union contractors and
they did not have concerns like they did when the 2020 NEC was being discussed.
Councilor Browning stated we all need to work together and find a way to move forward
together.
Mayor Santellana and staff discussed the recommendation to stay two cycles behind the
newest NEC to assist with the amendment process. There was brief discussion regarding
the local amendment process completed by the CBOA.
Mr. Grassi stated that he feels the Council should not vote on the NEC until it has gone
before the CBOA for recommendations. He discussed the expectation he has for staff,
issues with the previous building official, the need for staff to know state statutes, and the
lack of mutual respect that needs to be rebuilt.
Phillip Townsend, 4613 Misty Valley West, read section LGC 551.007 discussing the
requirements to allow public input, the ability of the Council to set limits, and the inability
to prohibit public criticism. He stated that denial of this right is subject to Texas Penal
Code Chapter 39.03. Mr. Townsend stated that he was born and raised in Wichita Falls,
attended High School in Wichita Falls, and is a licensed Architect with forty-two years of
experience in code application. He read a prepared statement regarding his experience,
his legal rights authorized by the state to give his expert opinion, and stated that limiting
this is official oppression. There was discussion regarding the time limits for public
comments, Mr. Townsend requested additional time to finish his statement, and Mayor
Santellana asked Mr. Townsend to wrap up his statement. Mr. Townsend discussed law
regarding charter adoption, and his opinion that former Council violated these laws. He
expressed concerns with the Ordinance requiring vacant structure registration, and
conflicts with Local Government Code. Mayor Santellana asked Mr. Townsend to stay
on topic. Mr. Townsend stated he is giving examples of how the council does not follow
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state law. Mr. Townsend discussed the 1999 electrical code effective May 1, 2001, stated
that the Council adopted the 2005 code when they did not legally have the premise to do
so, and that LGC Chapter 214 states that the NEC applies to all construction after January
1, 2006, which he feels means the 1999 NEC applies. He stated his plans would not be
reviewed unless he had the current code on them, but admitted that he did not verify the
current adopted code with the Building Official. He accused the Council of being complicit
to violating law by making then subject to a law suit by citizens for making contractors be
compliant with something the Ordinance nor state law requires. Mr. Townsend stated
that he is against the adoption of the 2017 NEC by Council on June 7th. Mayor Santellana
asked Mr. Townsend to stop his comments and requested he send an email to Council
with any additional comments, or to request a separate meeting.
Councilor Nelson stated he polled several electricians and there is an approximate $3500
increase on a 1200 square foot home to meet the 2017 NEC vs. the 2005 NEC. His point
is that electricians can save money on every house by going back to the 2005 Code
standards.
Mr. Leiker stated that ultimately it is up to the Council to adopt the code they want,
discussed how building codes have safety measures built in, and asked that the Council
remember the safety of the public. He feels the process with the CBOA has worked in
the past and noted safety features that could be thrown out if we revert back to 2005 NEC
from 2017 NEC.
Mr. Grassi stated that the state legislature has set the minimum code requirements which
are safe, and he feels housing affordability should also be a consideration.
Mayor Santellana stated that he feels there is a balance between safety and cost.
Mayor Santellana closed the public hearing at 10:28 a.m.
Item 8—Discussion and public input regarding the future appropriation of the City's
approximately $29.1 million in allocated federal funds via the American Rescue
Plan Act (ARPA)
10:29 a.m.
Jessica Williams, Director of Finance/CFO, reviewed the ARPA Funds project lists, and
reminded the Council of the two grant categories for the approximately $29.1 million
allocated to the City of Wichita Falls. Ms. Williams discussed the need to have an intent
to move forward with some of the projects so it can be discussed at the June 14, 2022,
meeting, and discussed the time constraints to have the funds appropriated.
Mr. Leiker reiterated the need to have consensus, direction and intent.
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Blake Jurecek, Assistant City Manager, gave a presentation on the $12.5 million for the
full renovation of Memorial Auditorium, and clarified that it is not just a remodel of office
space. The renovation will also address, HVAC, ADA compliance, asbestos abatement,
public restrooms on whole floors, walls, ceilings, and flooring. He discussed
approximately $1 million from the general fund that will be invested into the building to
keep it viable for the next twenty plus years, and discussed venue tax funds that will be
used for renovations to the performance hall inside Memorial Auditorium. Mr. Jurecek
showed pictures of some of the issues that will be addressed, and clarified that there have
been upgrades and maintenance completed over the years, but some of the issues are
due to the age of the building.
Councilor Browning noted that this is an opportunity to update this facility since he does
not see us going out for a bond to construct a new facility. This project is one of his
favorites on the list.
Madeleine Calcote Garcia, 3211 Hollywood Ave., discussed information previously
provided to the Council and shared information from the annual meeting of the Texas
Association of Museums. The three main takeaways from that meeting were mission
statements aligned with national standards, economic impact of wellbeing, and power of
trust in the 21st century. She discussed the perceived value and return on investment of
museums based on follow-up surveys, and discussed the public trust of museums.
Ms. Williams noted that they are seeking feedback from the Council, and Mr. Leiker stated
that he has received quite a bit of feedback and Council seems to be in agreement with
the recommended project list. Ms. Williams noted that there are currently 725 responses
to the online survey and it is ongoing.
Councilor Browning asked about MPEC projects, and there was a brief discussion
regarding projects that are ARPA allowable and projects that will be funded through the
venue tax.
Councilor Smith stated that he supports all of the projects on the ARPA requirements list
and specifically the Memorial Auditorium renovation, the Arts Community
recommendation, and the assistance to non-profit organizations that support our
community. He noted some suggestions he has received that do not fit this list, but would
fall under our Capital Improvement Plan, discussed the need to look at the Parks Review
document during the budget process, and the need to fund the Lake Wichita parking lot
project.
Mr. Jurecek addressed the Parks plan and stated they are looking into funding a Parks
Master Plan.
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Item 9a — Staff Report— Backflow Prevention Program — Terry Floyd
10:53 a.m.
Terry Floyd, Director of Development Services, discussed the Backflow Prevention
Program, and desired improvements. He discussed how backflow can happen, concerns
with cross connection, and state laws regarding backflow prevention. Currently we have
a manual process and there is a need to move to an online system that will reduce staff
time and reduce the current fee. Mr. Floyd stated that staff proposed the fee be reduced
from $90 to $30, and he discussed the timeline of implementation.
Item 9b - Announcements concerning items of community interest from members
of the City Council. No action will be taken or discussed.
11:08 p.m.
Councilor Brewer thanked everyone for their support during the tragic time of the loss of
his daughter. He appreciates all of the food, cards, and flowers.
Councilor Smith discussed the Police Memorial Ceremony that many attended yesterday
and stated that it was a memorable event. He discussed questions and concerns he has
received regarding the use of the IPR system, and noted the amount of water put back
into our lakes from this system.
Councilor Browning reminded citizens that all of the Council's contact information is
available online, and he would appreciate the opportunity to address issues prior to a
council meeting.
Councilor Nelson thanked staff for the assistance with repairs to the railroad tracks, and
discussed the need for awareness so items can be brought to staff.
Mayor Santellana discussed the need to stick to the five minute rule on comments not to
limit the right to free speech, but stated it is important that they stay on topic.
Item 10 — Comments from the Public to Members of the City Council Concerning
Items That Are Not on the City Council Agenda
11:16 a.m.
There were no comments from the public.
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Item 11 — Executive Session
City Council adjourned into Executive Session at 11:16 p.m. in accordance with Texas
Government Code §551.074, regarding the Municipal Court Judge position.
City Council reconvened at 11:34 a.m.
Mayor Santellana reconvened in open session and announced that no votes or polls were
taken.
Item 12 —Adjourn
Mayor Santellana adjourned the meeting at 11:34 a.m.
PASSED AND APPROVED this 7th day of June 2022.
2
Step en Santeliana, Mayor
ATTEST:
Marie Balthrop, TRM , MMC
City Clerk
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