City of Gatesville

Spur Capital of Texas
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City Council Agenda and Minutes for April 26, 2016

NOTICE

 

THIS NOTICE IS POSTED IN COMPLIANCE WITH THE OPEN MEETING ACT

(TEX. GOV’T. CODE CHAPTER 551, SEC. 551.041)

AGENDA

                                                                                 GATESVILLE CITY COUNCIL

REGULAR CITY COUNCIL MEETING

APRIL 26, 2016

5:30 P.M.

 GATESVILLE COUNCIL CHAMBER

110 NORTH 8TH STREET

GATESVILLE, TEXAS 76528

 

An Open Meeting will be held concerning the following subjects:

1. Call Regular City Council Meeting to order at ________ p.m., this 26th day of April, 2016

2. Approval of Minutes from previous meeting

3. Hear Visitors/Citizens Forum:  At this time, any person with business before the Council not scheduled on the

agenda may speak to the Council for a maximum of three (3) minutes. No  ormal action can be taken on these items at this meeting.

4. Recess Regular Meeting and ------------------------

                                                                           Public Hearing #1

Hear comments concerning Substandard Structure at 1121 Baldridge, Gatesville, Texas

5. End Public Hearing #1 and call -------------------------

Public Hearing #2

Hear comments concerning Substandard Structure at 2004 Waco Street, Gatesville, Texas

6.   End Public Hearing #2 and call --------------------------

Public Hearing #3

Hear comments concerning Substandard Structure at 601/605 Main Street, Gatesville, Texas

7. End Public Hearing #3 and reconvene Regular Meeting

8. Consider decision of the Building Standards Commission regarding the Substandard Structure at 1121 Baldridge,

     Gatesville, Texas

9. Consider decision of the Building Standards Commission regarding the Substandard Structure at 2004 Waco Street,

     Gatesville, Texas

10. Consider decision of the Building Standards Commission regarding the Substandard Structure at 601/605 Main Street, Gatesville, Texas        

11. City Managers Report

12. Recess Meeting and Call an Executive Session ------------------------

Closed Meeting:

Section 551.071 – Consultation with attorney regarding Coryell County Commissioners Court’s possible termination of the Interlocal Agreement between Coryell County and the City of Gatesville regarding the Leon River Bridge on Leon Street

13. End closed session and reconvene Regular Meeting

14. Consider any action required from Executive Session regarding possible termination of the Interlocal Agreement between Coryell County and the City of Gatesville regarding the Leon River Bridge on Leon Street    

15. Adjourn City Council Meeting at_______ p.m. this 26th day of April, 2016        

I hereby attest that the above agenda was posted on this the 22nd day of April 2016, by 5:00 p.m. on the official City of Gatesville website, www.ci.gatesville.tx.us and the official bulletin boards at the Gatesville City Hall, 110 N. 8th Street, Gatesville, Texas.

 

______________________

Wendy Cole

City Secretary

The City of Gatesvillecouncilchambersarewheelchairaccessibleandaccessibleparkingspacesareavailable at the back entrance of City Hall. Requestsfor accommodationsorinterpretiveservicesmustbemade24hourspriortothismeeting. Pleasecontactthecitysecretary'sofficeat254-865-8951 orFAX254-865-8320,oreMail wendy.cole@ci.gatesville.tx.usforfurtherinformation.                      

                                                                               

                                           REGULARCITY COUNCIL MEETING

                 APRIL 26,2016

                                                          5:30 P.M.

 

COUNCILCHAMBER,110NORTH8THSTREET

GATESVILLE, TEXAS 76528

 

 

 

AN OPENMEETINGWASHELDCONCERNINGTHEFOLLOWINGSUBJECTS

 

1)   CALL TO ORDER AT 5:30 P.M., THIS 26th DAY OF APRIL, 2016

PRESENT:      Mayor Gary M. Chumley, CouncilMembers,Inmon, Rainer, Shepherd-Cain Mitchell, Viss, and Doyle

 

REGRETS:  City Attorney Sandy Gately

OTHERSPRESENT: City Manager William H. Parry III, City Secretary Wendy Cole, Nathan Gohlke, Robert Featherston, Brenda Kiphen, Bobby Buster, K. C. Johnson, Larry Kennedy, Gil Gregory, Billy Vaden, Cody Mungia, Ariel Elizondo, Kelly Schmidt, Wallace Schmidt, Katie Schmidt, Robbie Webster, Jeff Matheny, and Roger Miller

 

2) APPROVAL OF MINUTES FROM PREVIOUS MEETING

 

Motionby Viss,secondedby Doyle,allvoting"Aye"toapproveResolutionNumber2016-33

RESOLUTIONNUMBER2016-33        -  approve Minutes of April 12, 2016 Regular City Council Meeting

 

3)   HEAR VISITORS/CITIZENS FORUM:  AT THIS TIME, ANY PERSON WITH BUSINESS BEFORE THE COUNCIL NOT SCHEDULED ON THE AGENDA MAY SPEAK TO THE COUNCIL FOR A MAXIMUM OF THREE (3) MINUTES.  NO FORMAL ACTION CAN BE TAKEN ON THESE ITEMS AT THIS MEETING.

Cody Mungia of 1701 Leon Street told the Council that while he participated in the recent Household Hazardous Waste Day/Operation Clean Sweep he noticed how it made a big difference in the appearance of Gatesville and how he hopes another event like this will happen again soon.

Mayor Chumley thanked Mr. Mungia for speaking to the Council and stated that City staff is looking at possibly having another clean up day in the fall and that it could never happen without citizens like him who get involved and participate. The City Council really appreciates his volunteerism.

4)  RECESS REGULAR MEETING

Mayor Chumley said that the next agenda items 4-10 are Public Hearings on three Substandard Structures and then to consider decision of the Building Standards Commission (BSC).

City Manager William H. Parry said that the memorandum included in the Council read ahead book addresses the procedures of the substandard structure public hearings and will be the bulk of the Council meeting tonight.

 Chairman of the Building Standards Commission/ Mayor Chumley explained the processes and procedures to the City Council – who is serving as the Building Standards Commission (BSC) for the City of Gatesville:

 

 

 

 

 

REGULAR CITY COUNCIL MEETING

APRIL 26, 2016

PAGE 2

 

 

TheBuildingStandardsCommissionwillreceiveareportfromTheCityBuilding Inspectordetailingthespecificdeficienciesthatcausethestructuretobesubstandard. After that,theownerorownersoranyone holdinganinterestinthepropertywillbe allowedtoaddresstheCommissiondetailing thescopeofworkrequiredtobringthe structureintocompliance withcodes. Thatscopeshouldcontain:

 

  • WhatTheyIntendToDoToRemedyThe Problem

                 -     WhentheCorrectionsWillBeMade

 

Generally,theOrdinancegivestheowner90daystocorrectthedeficiency-Howeverif theCommission determinesthatitisreasonable togivemoretime,thatisacceptable. However, aspartofourdecisiontonight,theextratimeallowedbytheCommission will becaptured.

 

TheCommissionwillneedtoanswer2Questions:

 

  1. DoesthestructureinitscurrentconditionviolateBuildingStandards?

 

  1. Istheowner's scopeofworktocorrectthecondition(s)acceptabletothe

   Commission {I.E.anassurancetherepairswillbemadeonthetimelinethe

   ownerstipulates). Oraltestimonyshallbegivenunderoath.

 

3.Noneofthesepropertiesisoccupied,sotheissueofvacatinglawfuloccupants isnotapplicable.

 

Wewillconduct thePublicHearing separatelyforeachstructureandthenmakea decisionuponthecompletion ofallthreePublicHearings. Youare encouragedtoask anyquestionsofthebuildinginspectorortheowner.

 

Shouldyougranta continuance duringthehearing- Inotherwords,requiretheCity ortheownertoreturnonafuturedatewithmoreinformation- Wewillsetand announcethedateandtimeforthathearingaspartofourdecision tonight.

City Inspector, Robert Featherston approached the Council and BSC Chairman Chumley asked Mr. Featherston if the notice of tonight’s public hearings had been posted, and were the owners/lienholders/mortgagees notified of tonight’s public hearings?

Mr. Featherston said yes.

Chairman Chumley then asked City Secretary Wendy Cole if a tape recording will be made of this evening’s public hearings?

Ms. Cole said yes, that it is being recorded.

 

BSC Chairman Chumley called ------------------------------------

PUBLIC HEARING #1

HEAR COMMENTS CONCERNING SUBSTANDARD STRUCTURE AT 1121 BALDRIDGE,

GATESVILLE, TEXAS

Mr. Featherston presented a power point showing evidence of deterioration to the outside walls, flooring systems, no electrical service, broken windows and doors. There had been a fire set by vagrants also as evidenced by a police report and pictures.  There is a lien with George Stone. 

Ms. Schmidt is buying this house from Mr. Stone. Mr. Featherston thought this structure could be brought back into compliance and be a viable structure again. 

 

 

 

REGULAR CITY COUNCIL MEETING

APRIL 26, 2016

PAGE 3

 

Kelly Schmidt of 3801 Loop Drive, Temple, Texas came forward to speak to the Commission about 1121 Baldridge Drive.

Chairman Chumley administered the oath of honesty to Ms. Schmidt and she affirmed that the statement she was about to give would be the truth. Ms. Schmidt described her situation and options.  She stated that her intent is to make the repairs but would need more time.  Her first step would be to secure the doors and windows and then address the electrical issues.  City Manager Parry said that the Commission would need a plan for the scope of work which she could present at the meeting on May 10th .

5)  END PUBLIC HEARING #1 AT 6:02 P.M. AND CALL -------------------------

PUBLIC HEARING #2

HEAR COMMENTS CONCERNING SUBSTANDARD STRUCTURE AT 2004 WACO STREET, GATESVILLE, TEXAS

City Inspector Robert Featherston’s presentation addressed evidence of deterioration to the outside walls, roof, and flooring systems. Siding underlayment and roof deck showed to be weathered and deteriorated as well as no plumbing, no electrical, no windows or doors.  This house has been in this condition for six or seven years.  The county is looking to sell at their back tax sale, but will not know for sure until the County’s public hearing on May 27th .  If the county decides to sell, the auction wouldn’t happen until September of this year.

Chairman Chumley said that no one was present at this public hearing representing this property. Chumley asked if there were any questions and there were none.

6)   END PUBLIC HEARING #2 AT 6:08 P.M. AND CALL --------------------------

PUBLIC HEARING #3

HEAR COMMENTS CONCERNING SUBSTANDARD STRUCTURE AT 601/605 MAIN STREET, GATESVILLE, TEXAS

City Inspector, Robert Featherston’s power point program revealed evidence of deterioration to the canopy or awning and broken windows. Siding is pulling away from the building and there are major cracks on exterior of the structure.  This structure is located in a fire district and should not have wood that is not protected with effervescent paint on the exterior of the building.  The sign also violates the City of Gatesville sign ordinance.  Taxes are also delinquent for 2014 and 2015.

Property owner, Robbie Webster was present at the meeting but her nephew, Jeff Matheny, of Affordable Construction Services out of Austin was present to represent her. Mr. Matheny said that he is her contractor.

Chairman Chumley administered the oath of honesty to Mr. Matheny and he affirmed that the statement he was about to give would be the truth.

Mr. Matheny said this building fell victim to weather damage awhile back and they have been trying to assist Ms. Webster with an insurance claim for the inside damage and the window damage. Mr. Matheny described the scope of loss in detail and stated that they do have a plan of action to repair and open the store back up.

They are still dealing with the insurance company regarding the scope of loss so insurance can be settled. There was a discussion on what permits were required, when back taxes would be paid, when they planned to begin work, and the structural integrity of the building.  Mr. Matheny assured the Commission that he would begin work the first Monday in June and be done by June 30th .  Ms. Webster stated that the back taxes would be taken care of by next month.

    

 

 

REGULAR CITY COUNCIL MEETING

APRIL 26, 2016

PAGE 4

 

7) END PUBLIC HEARING #3 AT 6:30 P.M. AND RECONVENE REGULAR MEETING

8) CONSIDER DECISION OF THE BUILDING STANDARDS COMMISSION REGARDING THE SUBSTANDARD STRUCTURE AT 1121 BALDRIDGE, GATESVILLE, TEXAS

 

BSC Chairman Chumley said that the Building Standards Commission has agreed to allow the property owner to come back to the Council with a plan on May 10, 2016 and submit their plan for the scope of work to be done at 1121 Baldridge.

 

Motionby Shepherd-Cain,secondedby Inmon,allvoting"Aye"toapproveResolutionNumber2016-34

RESOLUTIONNUMBER2016-34 - City Secretary Cole affirmed that the City of Gatesville Building Standards Commission approved to grant a continuance for Wallace and Kelly Schmidt to return on May 10, 2016 to present a plan to the BSC regarding the scope of work for 1121 Baldridge, Gatesville, Texas. The continuance will take place on May 10, 2016 at 5:30 p.m. in the Council Chambers, 110 North 8th Street, Gatesville, Texas.

 

9) CONSIDER DECISION OF THE BUILDING STANDARDS COMMISSION REGARDING THE SUBSTANDARD STRUCTURE AT 2004 WACO STREET, GATESVILLE, TEXAS

 

There was a lengthy discussion to proceed with the condemnation or to possibly wait until the outcome of the county’s decision of their public hearing in May and back tax sale in September.

BSC Chairman Chumley stated that no one was present to represent this structure and asked for a motion.

Motionby Inmon,secondedby Doyle, Rainer, Mitchell, Doyle, Inmon, and Shepherd-Cainvoting"Aye"toapprove condemnation. Viss voting “Nay”.ResolutionNumber2016-35

RESOLUTIONNUMBER2016-35        - City Secretary Cole affirmed that the City of Gatesville Commission directed the owner to demolish the structure at 2004 Waco Street, Gatesville, Texas not later than October 1, 2016.

 

10) CONSIDER DECISION OF THE BUILDING STANDARDS COMMISSION REGARDING THE SUBSTANDARD STRUCTURE AT 601/605 MAIN STREET, GATESVILLE, TEXAS

BSC Chairman Chumley said that the Building Standards Commission approved the scope of proposed work by the owners of 601/605 Main Street and directed them to submit the plan to the City Inspector in May showing the scope of work to be completed by the end of June 30, 2016. Mr. Featherston stated that he would need plans for permit issuance five days prior to the start of the actual work.

Motionby Shepherd-Cain,secondedby Rainer,allvoting"Aye"toapproveResolutionNumber2016-36

RESOLUTIONNUMBER2016-36        -  City Secretary Cole affirmed that the Building Standards Commission approved the scope of work proposed by Ronnie and Robbie Webster and their authorized representative of 601/605 Main Street, Gatesville, Texas. Additionally, the BSC directs the work at the referenced structure to commence on June 6, 2016 with the work substantially completed by June 30, 2016. The BSC can issue an continuance if additional time is needed.

 

11) CITY MANAGERS REPORT

Budget and Financial Reports. Discussed items of note in the March 2016 financial statements:

  • General Funds @ 69%

  • General Fund Transfer Expense – other Operations represents the City’s Fund Reserves, currently at $80,000 versus an annual goal of $120,000.

     

     

 

REGULAR CITY COUNCIL MEETING

APRIL 26, 2016

PAGE 5

 

  • Will do a midyear review of the budget at the meeting on May 10th .

Wastewater Treatment Plant. Discussed the issue of locating open manholes in Stillhouse Sewer Plant lines.  When the Stillhouse WWTP was upgraded it was permitted to treat 2.2 million gallons per day.  If the average daily flow exceeds 75% of permitted capacity for three consecutive months, the City is required to commence engineering and financial planning to expand capacity.  If the average daily flow exceeds 90% of permitted capacity, the City is required to commence construction to increase capacity.  The flows are close now – have 30 days to bring the flows down in the Stillhouse Plant.  We have some thoughts in financing and basic engineering but is not included the budget as of now.

The City staff and Council needs to find a way to re-captalize that plant in order to raise the amount of permit capability into 3 million gallons per day. That is why the Wastewater Treatment Plant staff have been walking the lines to identify inflow and infiltration.  One manhole cover was discovered slightly ajar.

12. RECESS MEETING AND CALL AN EXECUTIVE SESSION AT 6:50 P.M

CLOSED MEETING:

SECTION 551.071 – CONSULTATION WITH ATTORNEY REGARDING CORYELL COUNTY COMMISSIONERS COURT’S POSSIBLE TERMINATION OF THE INTERLOCAL AGREEMENT BETWEEN CORYELL COUNTY AND THE CITY OF GATESVILLE REGARDING THE LEON RIVER BRIDGE ON LEON STREET

13) END CLOSED SESSION AND RECONVENE REGULAR MEETING at 7:33 p.m.

14) CONSIDER ANY ACTION REQUIRED FROM EXECUTIVE SESSION REGARDING POSSIBLE TERMINATION OF THE INTERLOCAL AGREEMENT BETWEEN CORYELL COUNTY AND THE CITY OF GATESVILLE REGARDING THE LEON RIVER BRIDGE ON LEON STREET

Following the closed session, Mayor Chumley stated that there is no action as a result of the closed execution session.

 

15)   ADJOURN CITY COUNCIL MEETING AT 7:34 P.M., THIS 26th DAY OF APRIL, 2016  

 

ATTEST:                                                                             APPROVED:

 

 

_________________________                                       _________________________

Wendy Cole                                                                                  Gary M. Chumley

City Secretary                                                                                     Mayor 

 

City of Gatesville- The Spur Capital of Texas!