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Min 07/02/2002 90 Wichita Falls, Texas Memorial Auditorium Building July 2, 2002 Items 1 & 2 The City Council of the City of Wichita Falls, Texas met in regular session on the above date in the Council Room of the Memorial Auditorium Building at 8:30 o'clock a.m., with the following members present: Bill Altman - Mayor Johnny Burns - Mayor Pro Tern Arthur Bea Williams - Councilors Linda Ammons - James Esther, Jr - Michael Norrie - James Berzina - City Manager Bill Sullivan - City Attorney Lydia Torres - City Clerk Harold Hawkins - Absent Mayor called the meeting to order. Item 2 The following person spoke under Public Comments. Elizabeth Beck, property owner of 4716 Jacksboro Highway, asked that Council look into a water bill she received for water that she did not use. Mr. Jim Dockery will research this and bring back to Council. Item 3 Pastor Mark Mills, Highland Heights Christian Church gave the invocation. Item 4 Mr. Sidney McCaskill, Landfill Supervisor, Sanitation Department, was recognized as employee of the month for July 2002. Mayor presented Mr. McCaskill with a check, dinner for two, transit and theater passes. Mayor presented Daniel Whelan with a Certificate of Achievement in recognition as State champion in the State UIL Competition in the area of Physics. Mayor noted that Daniel is an example of academic excellence and congratulated him and his parents Becky and Carl Whelan. Daniel graduated from Rider High School and is attending Baylor University. Item 5 The Minutes were approved as corrected. Items 6a-8b City Manager gave a briefing on the items listed under the Consent Agenda. 91 Items 6a-8b continued Moved by Councilor Williams that the Consent Agenda be approved. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Burns Nays: None Item 6a RESOLUTION NO. 68-2002 RESOLUTION APPROVING AND ADOPTING THE THIRD YEAR ANNUAL UPDATE TO THE PUBLIC HOUSING AGENCY (PHA) PLAN; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 7a Minutes of the Traffic Safety Commission, May 1, 2002 meeting were received. Item 8a Bid was awarded to Hoyt Breathing Air Products in the amount of$38,669.00 for the purchase of a high pressure breathing air system. Item 8b Bid was awarded to Harcros Chemicals, Inc. in the amount of$186,500.00 for the purchase of the City's annual requirement of liquid chlorine. Item 9a ORDINANCE NO. 49-2002 ORDINANCE MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR GRANT REVENUE FROM THE TRANSPORTATION SECURITY ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION TO FULFILL SECURITY DIRECTIVE SD 1542-02-07, PROVIDING FOR LAW ENFORCEMENT OFFICERS AT THE WICHITA FALLS MUNICIPAL AIRPORT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Ordinance No. 49-2002 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Burns Nays: None Item 9b A proposed ordinance was presented amending Part II of the Code of Ordinances, at Chapter 22, Buildings and Building Regulations, by the addition of Article XI, Residential Codes for One or Two-Family Dwellings, to adopt the International Council Code's International Residential Code for One or Two-Family Dwellings, 2000, and making certain additions, amendments, and deletions thereto. Moved by Councilor Williams that proposed ordinance be passed. Motion seconded by Councilor Burns. 92 Item 9b continued Mayor suggested making this Code accessible on the City's website. Council expressed concern that the 12" minimum foundation depth was being lowered to 6". Bill Rowland, 4422 Tobago, member of the Construction Board of Adjustments, stated that they had always used the 6" minimum. Councilor Norrie did not feel that the standards should be lowered. Discussion ensued regarding minimum foundation requirements. Gary Oatman, 2709 Darwin, Engineer stated that the foundation depth should be 6" below frost line and 6" in undisturbed soil for a total of 12" depth. Councilor Williams mentioned a typographical error on page 6 -- correct the word "wythe" to "width". Mayor suggested the following modifications to the proposed ordinance: Section "P2902.4.3 Lawn irrigation systems. 1: Add to the end of the first sentence the following phrase: "at the source of supply". Section "P2907.4 Approval, Testing and Certification of Testers (5): change "(a)" to "(b)" Certification of testers. Delete "the" before "6" in Section P3103.1 Roof extension. Chuck Dennis, #4 Twelve Oaks spoke in favor of the 6" minimum depth. Mayor suggested tabling this item since the question of the 6" vs 12" minimum depth is of concern, as well as some grammatical problems in the ordinance. He felt that a three- person sub-committee should be appointed to review this ordinance. Moved by Councilor Esther to table this item. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Burns Nays: None Item 9c ORDINANCE NO. 50-2002 ORDINANCE AMENDING CHAPTER 22, ARTICLE III, DIVISION 4, SUBDIVISION 1, SECTION 22-401 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS TO ADOPT THE 2002 EDITION OF THE NATIONAL ELECTRICAL CODE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ammons that Ordinance No. 50-2002 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Burns Nays: None 93 Item 9d ORDINANCE NO. 51-2002 ORDINANCE AMENDING CHAPTER 22, ARTICLE III OF THE CODE OF ORDINANCES REGARDING ELECTRICAL CONTRACTOR LICENSING AND FEES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ammons that Ordinance No. 51-2002 be passed. Motion seconded by Councilor Esther. Mayor stepped out of Council Chambers. Mayor Pro Tern Burns presided. Mayor Pro Tern called for additional comments from the Council and the public. There being none, he called for the vote. Motion carried by the following vote. Ayes: Councilors Williams, Ammons, Esther, Norrie, and Burns Nays: None Mayor returned to Council Chambers. Item 10a RESOLUTION NO. 69-2002 RESOLUTION ACCEPTING AND REJECTING BIDS FOR CERTAIN PARCELS OF EXCESS REAL PROPERTY AND AUTHORIZING EXECUTION OF DEEDS TO CONVEY TITLE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Resolution No. 69-2002 be passed. Motion seconded by Councilor Burns. Councilor Ammons noted a conflict of interest on her part and stated that she would not discuss or vote on this item because the person bidding on this is one of her partners. Councilor Ammons stepped out of Council Chambers. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, and Burns Nays: None Abstentions: Councilor Ammons Item 11 a Moved by Councilor Williams to award bid to Luber Brothers in the amount of$47,640.00 for the purchase of four 72" front mount rotary mowers. Motion seconded by Councilor Norrie and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, and Burns 94 Item 11 a continued Nays: None Councilor Ammons returned to Council Chambers. Item 12a Discussion was held on the hazardous structure located at 2215 Piedmont. Mr. Dave Clark gave a history on the property. There are existing mowing liens, and it was in a fire, however, it is re-habitable at high expense. It was brought to Council for demolition in March 2002, and ownership has changed since then. A building permit was obtained but no activity has taken place. Warren Vasser, 2221 Piedmont, has complained in the past to Mayor Altman about this structure and the hazard it presents in their neighborhood. The neighbors want something done about that hazardous structure and they are tired of having this structure being an eyesore. Bill Butler, 2216 Harrell, lives behind the structure and he expressed his concern and requested that Council have this structure demolished. He noted that the structure was not secure and asked what was going to be done about that and the issue that Smith Walker submitted a plan to the City which he did not fulfill. It was noted that Smith Walker was the previous owner who deeded the property to Herschel Smith Walker, Sr. who is the current owner of record. Councilor Burns commented that the Council and City has knowledge of the history of this property and felt that the Council should move with what should have been done with this property in the first place. However, with the building permit out there he did not know what options the Council has. Mr. Clark went over the demolition process and noted that a 30-day public hearing notice for demolition could be scheduled and Council could make a determination at that point. It was clarified that the property had been removed from the demolition list and given additional time to rehab. That means that if there has been a valid transfer of title the City would have to by law give that new owner proper notice. City Attorney stated that the City would have to start the demolition process over again with the new owner. There was a question as to the lawful owner of the property. It was noted that there was a deed filed transferring the property from Smith Walker, Jr. to Herschel Smith Walker, Sr., however, there is no deed in the name of Michelle Collier. John Mahoney, 3100 Milby, lives across from 2215 Piedmont, and he felt that this had gone on for two years and that was long enough, and something needed to be done to remove that eyesore. He said that the only building permit he could track down was for$2200. He commented that if he could fix that house up for$2200 he would have bought it as well. Mr. Clark informed that the building permit that has been issued at this time was for materials only not labor and does not include electrical, plumbing or some of the other building structural things that need to be accomplished. It is our understanding this was to be taken out by another contractor. Councilor Williams commented that most of the $2200 would be used just to get windows. She has a problem with the fact of whether this was a good faith effort on anybody's part and that Mrs. Collier may be caught in the middle. Michelle Collier, 2410 Brook, provided information on what she thought the cost would be and what her plans were for the structure. Her plan included a cost of$3650 and she along with Mr. Herschel Smith Walker, Sr. obtained the building permit. She has an owner-lease arrangement with Mr. Herschel Walker, Sr. where she will pay him monthly rent until the house is paid for. She had told Building Inspection that it would take her 60 days before she could do anything with the property and it has been 40 to 50 days from that time. She felt she was on schedule with her building permit. She wants to make it livable and make it presentable on the outside. Councilor Esther mentioned that there was an heir out there and the title is not clear. Mrs. Collier stated that she was aware of the history of the property and that an heir existed. She said she was genuinely interested in salvaging this property and making it her home but she does not 95 Item 12a continued have title or a contract to the property. She said she could make it livable in the next few months and felt the total cost would be $6,000 to $7,000. She has relatives who are licensed electricians and who install air conditioning and will use those resources to do the work for a minimal amount of money. City Manager expressed his concern about persons who come before Council thinking that they can rehab a structure for less money than it would actually take. He did not feel that Mrs. Collier could rehab the structure for that amount of money. This morning's pictures do not send a message that there is a genuine interest to rehab this property. He felt that this property has been in the hands of professional people who know how to move these things around so that it makes it difficult to pin it down. He was curious as to where Mrs. Collier was going to be in this process when she gets all these facts and figures and she will have a decision of whether to walk away or walk into it. Mrs. Collier stated that she had already made that decision when she pulled the building permit in May. Councilor Norrie stated that this is going to be quite an undertaking for Mrs. Collier. The neighbors have been very patient and something needs to be done about this and it needs to be resolved. I would like to have this put back on the demolition list if possible today and the quickest way to resolution. Once on the list I would like to have it put back at the top of the list. There have been ostensible manipulations of the title. The process has been prolonged way too long. Councilor Williams was in agreement to have this brought before the Council in a formal manner as quickly as possible. Mrs. Collier was made aware of the risks she was running in not having clear title to this property. City Attorney noted that this could be placed back on the demolition list, however, the building permit issue does need to be addressed, whether to issue a suspension order. He will get with Mr. Clark. Mr. Clark outlined the time frame and procedures in putting this property back on the demolition list. He will notify the current owner of record of the demolition public hearing. Councilor Williams suggested that Staff make certain that Mrs. Collier gets notice of the public hearing. Item 12b Councilor Ammons stated that she was glad to be an American celebrating our independence on July 4. Councilor Burns mentioned the fires that occurred last year on July 4 as a result of fireworks. He stated that caution needed to be taken as we celebrate this 4tn of July. He suggested that persons take advantage of the fireworks display at the Base. Chief Lindsey reported on last year's fires and the Fire Department's concerns during this time of the year. Councilor Norrie asked for an update on the July 1 inspection of 4804 Pasadena. Rita Miller provided an update. Councilor Esther mentioned that the corner of Ninth Street and Beverly Drive would be looked at very closely for fireworks infractions. He thanked the staff for resolving problems, and expressed appreciation to Mr. Matt Benoit and Mr. Darron Lieker for their work in the absence of the City Manager. Councilor Williams mentioned that the City had mowed 1405 Gladiolus and it looks worse than anything else in the neighborhood. The City needs to look at the mess left there after the mowing. Councilor Williams mentioned that during the storms many neighbors had a real problem getting electricity. Dan Shine's company, Willen Electric, came in a timely manner to restore power. She thanked Mr. Shine for coming to the rescue. Councilor Williams asked about the location of the line on Wellington Lane. Mr. Scott Taylor informed that the reason the line was placed on the east side is because there were less driveways and it was a cost savings to the City and savings to the cutting of citizens driveways. In general, it was less disruption to the citizens. 96 Item 12b continued Mayor commended the two Assistant City Managers for doing a good job in the absence of the City Manager. He mentioned a letter from an Austin resident complimenting Brad Scates for the lengths that he went to in assisting this Austin resident's parents. Mayor informed that he had invited Oncor to come to a Council meeting and give an overview of the problems that occurred during the last storm and give a clarification as to what happened. Council welcomed City Manager and Staff back from a lengthy trial in Dallas. Item 12c Police Chief Coughlin reported that the 2004 DARE Conference and the I.D. Tech Conference would be held here in Wichita Falls. City Council recessed at 11:30 a.m. and reconvened at 11:40 a.m. Item 12c was continued. Mr. Dave Goodrich gave a report on the procedures and use of the outdoor warning sirens. Mr. Scott Taylor gave an update on the water system improvement projects. City Manager expressed appreciation for the support here at home from the Council, Staff and everyone else. He wished Councilor Hawkins the best and said he was ready to have him back. City Council adjourned at 12:12 p.m. PASSED AND APPROVED this 16J'5�`day of , 2002. WILLIAM K. ALTMAN MAYOR ATTEST: U/b-,o ) h LUQ� Lydia Torres City Clerk 1 1 1 NOTICE OF MEETING Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas To Be Held In The City Council Chambers Of The Memorial Auditorium, 1300 Seventh Street, On Tuesday, July 02, 2002, Beginning At 8:30 a.m. City Council: Mayor - William Altman, Councilors Arthur Bea Williams, Linda Ammons, James Esther, Michael Norrie, Johnny Burns, and Harold Hawkins 1 . Call to Order. 2. Comments From The Public To Members Of The City Council On Items That Are Not On The City Council Agenda. (The Regular Agenda will begin upon completion of public comments, or no later than 9:00 a.m. Individuals who prior to this Council meeting signed up to speak, but could not be heard before 9:00 a.m. due to time constraints, may speak at the conclusion of the meeting.) TELEVISED SERVICES TO BEGIN 3. Invocation: Pastor Mark Mills Highland Heights Christian Church 4. Presentations: Employee Of The Month 5. Approval of Minutes. CONSENT AGENDA 6. Resolutions: a. Resolution Approving And Adopting The Third Year Annual Update To The Public Housing Agency (PHA) Plan. (City Council Bill #124) 7. Receive Minutes: a. Wichita Falls Traffic Safety Commission — May 1 , 2002 City Council Agenda Tuesday, July 02, 2002 Page 2 8. Award Of Bids: a. Award Of Bid For The Purchase Of A High Pressure Breathing Air System To Hoyt Breathing Air Products, In The Amount Of $38,669.00. b. Award Of Bid For The City's Estimated Annual Requirement Of Liquid Chlorine To Harcros Chemical, In The Amount Of $186,500.00. REGULAR AGENDA 9. Ordinances: a. Ordinance Making An Appropriation To The Special Revenue Fund For Grant Revenue From The Transportation Security Administration Of The United States Department Of Transportation To Fulfill Security Directive SD 1542-02-07, Providing For Law Enforcement Officers At The Wichita Falls Municipal Airport Resolution. (City Council # 125) b. Ordinance Amending Part II Of The Code Of Ordinances, At Chapter 22, Buildings And Building Regulations, By The Addition Of Article XI, Residential Codes For One Or Two- Family Dwellings, To Adopt The International Council Code's International Residential Code For One Or Two-Family Dwellings, 2000, And Making Certain Additions, Amendments, And Deletions Thereto. (City Council # 126) c. Ordinance Amending Chapter 22, Article III, Division 4. Section 22-401 Of The Code Of Ordinances Of The City Of Wichita Falls To Adopt The 2002 Edition Of The National Electrical Code. (City Council # 127) d. Ordinance Amending Chapter 22, Article III Of The Code Of Ordinances Regarding Electrical Contractor Licensing And Fees. (City Council # 128) City Council Agenda Tuesday, July 02, 2002 Page 3 10. Resolutions: a. Resolution To Accept And/Or Reject Bids For Fire Stations Vacated At 1701 Midwestern Parkway And 2515 Fillmore And An Additional 1 .47-Acre Tract Of Land Located At 4200 Weeks Park. (City Council # 129) 11. Award of Bid: a. Award Of Bid For The Purchase Of Four (4) Each 72" Front Mount Rotary Mowers To Luber Brothers, In The Amount Of $47,640.00. 12. Other Council Matters: a. Discussion On 2215 Piedmont b. Discussion Of Items Of Concern To Members Of The City Council. c. Staff/Council Discussion. Update On Water System Improvement Projects 13. Adjourn. Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces and ramp located off the east parking lot on the Sixth Street entrance. Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours notice. Please call the City Clerk's Office at 761-7409. CERTIFICATION I certify that the above notice of meeting was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on the day of , 20 at o'clock (a.m.)(p.m.). City Clerk