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Min 03/19/1996 154 Wichita Falls, Texas Memorial Auditorium Building March 19, 1996 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 : Michael Lam - Mayor Don Johnston - Councilors Dan Shine - Angus Thompson - Bill Daniel - J. W. Martin - Harold Hawkins - Jim Berzina - City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk Mayor Lam called the meeting to order. The invocation was given by Rev. David A. Barnes, New Life Cathedral . Mayor Lam proclaimed the month of March, 1996 as "Mature Workers Appreciation Month" and commended them for their good work and their contributions to our community. Mayor Lam congratulated the Rider High School Distributive Education Club as State champions and commended them for the excellent example they are setting in our community and for representing Wichita Falls in an outstanding manner. Mayor also commended the students and their teacher, Chris Marvel, for their accomplishment and hard work. Councilor Daniel introduced Nicholas Stahan who is a member of Boy Scout Troop 15 and working on a merit badge . Item 3 Moved by Councilor Johnston that the minutes of the March 5, 1996 meeting be approved. Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Daniel, Martin, and Hawkins . Nays : None Items 4a-6d Moved by Councilor Martin that the Consent Agenda be approved. 155 Item 4a-6d cont' d. Motion seconded by Councilor Johnston and carried by the following vote. Ayes : Mayor Lam, Councilors Johnston, Shine, Daniel, Martin, and Hawkins . Nays : None Item 4a RESOLUTION NO. 32-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING A SETTLEMENT AGREEMENT WITH RANDY PRICER, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID AGREEMENT ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 4b RESOLUTION NO. 33-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS CALLING FOR A REGULAR CITY ELECTION ON MAY 4, 1996, NAMING POLLING PLACES AND ELECTION OFFICIALS Item 5a RESOLUTION NO. 34-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING VIC & JAMES DECORATING AS THE LOW BIDDER TO PROVIDE PAINT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT ' S PAINT PROGRAM AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH VIC & JAMES DECORATING FOR THIS PROPOSE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 5b RESOLUTION NO. 35-96 RESOLUTION APPROVING THE AWARD OF BID AND A CONTRACT FOR SCOTLAND PARK PAVILION ACCESS (CDBG) PROJECT Item 5c Bid awarded to Specialty Oil Company in the amount of $39, 076. 42 for the City' s annual supply of lubrication products . Items 6a-6d Minutes of the following boards and commissions were received. a. Wichita Falls Traffic Safety Commission, February 7, 1996 b. Board of Electrical Examiners, February 8, 1996 c. Planing and Zoning Commission, February 14, 1996 d. Commission On Highway Transportation Assistance Needs, February 21, 1996 156 Item 7a A public hearing was held on hazardous structures . Mayor informed that periodically the City holds public hearings on structures that have been investigated and deemed to be unsafe for those around them and asked that they be demolished or be brought up to City Code. Mayor declared the public hearing open. Mr. Nunziata, 3125 9th Street, representing Helen Nunziata, stated that he plans to use this for storage and needs additional time to repair. Mr. King informed that a permit was issued March, 1995 and nothing has been done. The permit was issued on the basis of it being habitable. Mayor directed Mr. Nunziata to get with Mr. King in order to find out what he needs to do to bring it up to Code for use as storage. He will be allowed up to three months to get it to storage standards according to City Code. Carol Bull, representing Homer R. Couch and structure at 1308 N. 2nd Street, informed that they had signed papers to have the structure demolished, but papers were lost . Mrs . Bull stated that the property belongs to the City because of delinquent taxes and she is ready to sign the necessary papers . She complained that the City had dislodged old persons for the purpose of MPEC. Mayor informed Mrs . Bull that he had not had anyone to complain about being dislodged. Mrs . Dorcas Chastain, Property Manager, clarified that the property Mrs . Bull was referring to was not involved in the MPEC project . Councilor Hawkins stated that an order needed to be passed to demolish this structure . Doris Booker, 1321 N. 4th Street, complained about the structure on 1319 N. 4th and stated that it was a hazard and something needs to be done about it . No one came forth to address this structure. Mayor directed that it be demolished. Mr. King informed that it would be thirty days . Eric Schleeder, representing 3116 9th Street, informed he has begun roof repairs and the structure has been secured. He would like to use it for storage until it can be repaired as habitable. Mr. King informed that they would have to contact the Planning Department before they could approve it for storage . Mayor directed Mr. Schleider to get with Mr. King regarding his plan and the City requirements for acceptability as storage. He was also directed to contact Mr. King and Mr. Clark for a time schedule. This information is to be brought back to the Council . Mr. King made an adjustment in the list of hazardous structures . He informed that the owner of Item No. 1, James King (2009 llth Street) , has contracted to repair the structure, therefore, it needs to be moved to the repair status . Mr. King informed that Item 2, 1954 Hines, under "Structures to be Repaired" has been repossed and they are working with RTC out of Dallas . This needs to be left under repairs . No one else wished to be heard. Mayor declared the public hearing closed. 157 Item 7a cont' d. ORDINANCE NO. 40-96 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS : COMMANDING PROPERTY OWNERS TO DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY. FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Shine that Ordinance No. 40-96 be passed. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays : None Item 8a ORDINANCE NO. 41-96 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE SOUTHEAST SIDE OF STATE HWY. 79, ADJACENT TO THE NORTHWEST LINE OF LOT 1, BLOCK 1, OREGON PLACE ADDITION Moved by Councilor Daniel that Ordinance No. 41-96 be passed. Motion seconded by Councilor Martin and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays : None Item 8b ORDINANCE NO. 42-96 ORDINANCE WAIVING SECTION 27-30 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ON THE SOUTHEAST SIDE OF STATE HIGHWAY 79, ADJACENT TO THE NORTHWEST LINE OF LOT 1, BLOCK 1, OREGON PLACE ADDITION Moved by Councilor Johnston that Ordinance No. 42-96 be passed. Motion seconded by Councilor Daniel and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays : None 158 Item 8c ORDINANCE NO. 43-96 ORDINANCE WAIVING APPENDIX A SUBDIVISIONS SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE NORTH SIDE OF BAILEY ROAD, ADJACENT TO THE SOUTH LINE OF THE GARCIA SUBDIVISION Moved by Councilor Daniel that Ordinance No 43-96 be passed. Motion seconded by Councilor Johnston and carried by the following vote. Ayes : Mayor Lam, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays : None Item 8d ORDINANCE NO. 44-96 ORDINANCE WAIVING SECTION 27-30 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ON THE NORTH SIDE OF BAILEY ROAD, ADJACENT TO THE SOUTH LINE OF THE GARCIA SUBDIVISION Moved by Councilor Johnston that Ordinance No. 44-96 be passed. Motion seconded by Councilor Martin and carried by the following vote. Ayes : Mayor Lam, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays : None Item 8e ORDINANCE NO. 45-96 ORDINANCE WAIVING SECTION 22-1 (a) (9) OF THE CODE OF ORDINANCES TO PERMIT SIGNS DURING AN EVENT BY MEXICAN AMERICAN DEMOCRATS OF WICHITA COUNTY MARCH 30, 1996 IN SCOTLAND PARK Moved by Councilor Johnston that Ordinance No. 45-96 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes : Mayor Lam, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays : None 159 Item 8f ORDINANCE NO. 46-96 ORDINANCE WAIVING SECTION 22-1 (a) (9) OF THE CODE OF ORDINANCES TO PERMIT SIGNS DURING AN EVENT BY CHILD ADVOCATES MARCH 29, 1996 IN THE DOWNTOWN PARK Moved by Councilor Shine that Ordinance No. 46-96 be passed. Motion seconded by Councilor Daniel and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays : None Item 8g ORDINANCE NO. 47-96 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FOR ADDITIONAL GRANT REVENUE FROM THE TEXAS DEPARTMENT OF HEALTH AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME Moved by Councilor Martin that Ordinance No. 47-96 be passed. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays : None At this time, Councilor Thompson arrived at the Council table. Item 9a RESOLUTION NO. 36-96 RESOLUTION TO AWARD BID AND CONTRACT TO JALYN CONSTRUCTION COMPANY FOR REPLACEMENT OF SANITARY SEWER LIFT STATIONS 40 AND 41 Moved by Councilor Martin that Resolution No. 36-96 be passed. Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None 160 Item 9b Moved by Councilor Shine to award bid for the purchase of an electronic sign for MPEC to Image Advertising in the amount of $166, 887 . Motion seconded by Councilor Johnston and carried by the following vote. Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item l0a Hank Grieb, Director of Christmas in April, invited Council to participate in their kickoff project on March 30 . The project structure is located on Lee Street . Regina Nemier, 1034 Westerly Place, owns property at 1818 and 1820 Perigo. She wants to put up a fence all the way back to the drainage ditch in order to keep trespassers out, but cannot fence the drainage area because of possible liability. Mr. Bonnett informed that the drainage does depart from the City easement, but, it does follow the natural drainage. He has informed property owners that the area can be fenced, but they do have to be aware that the type of fencing they put in has to be such that it does not block the drainage because there may be some liability on that . He has suggested to them that they talk with their own attorney. It is a question of giving up a tenth of acre to fence it . Mrs . Nemier said that was not satisfactory to her. She wants the City to get the ditch back the way it should be. Mayor commented that when you have a natural drainage, you cannot disrupt the natural drainage and do not have the right to modify, or trouble is caused on both sides . That is something that came with the property and it drains more than one piece of property. It is futile to change the drainage path. The best way to handle this is to get with Mr. Bonnett and look at some fencing which will give you the least difficulty of giving you blockage. That is a natural drainage which needs to remain in place . We will advise you as to the best fencing, but it is the responsibility of the property owner to maintain the drainage that runs through their property. Councilor Daniel commented that we have a landowner who has come to the City for relief from any liability of an action they want to take. We have a landowner who wants to build a fence and ask the City to take responsibility for it . This puts the City in a position to say no. He explained that this would be the same if he built a fence in his backyard and it caused water problems to his neighbors, he would be responsible for it . When you purchase a piece of property, it comes with the advantages and disadvantages, and you are responsible . Mayor stated that we are unable to erase that easement going through that natural drainage. We will continue to do our job to maintain it and fulfill our responsibility to keep it clean. As far as the fencing, we will be glad to give you our best advise to most efficiently build a fence there to cause you the least problems . 161 Item 10a cont' d. Jean Burton requested to speak on the structure located at 4318 Featherston which was discussed earlier this morning. She said she knew she was late but wanted to request a ninety day extension to repair the structure. Council authorized Mayor to look at this request and make a decision. Mrs . Burton was instructed to contact Mr. King. Mayor will discuss this with him. Item 10b Councilor Johnston asked about the Sanitary Sewer schedule. Mr. Bonnett replied that it looks like we are in fairly good shape, but it depends on the right-of-way acquisition which is going to be a difficult job. Councilor Hawkins asked if work had started on Pearlie and SH 240 . Mr. Bonnett informed that they are only doing a skin patch. To solve the drainage problem we have a capital improvement project on it . Councilor Thompson apologized for being late. Councilor Thompson received a concern from a citizen who purchased tennis shoes from a vendor at MPEC. He asked if vendors need to meet certain standards and are they required to keep promises that they make . He asked the City Attorney to look into this . City Manager commented that if complaints are valid we will likely refuse to rent space to them. Councilor Thompson said he had received a complaint from one of our local advertising companies dealing with a proliferation of billboard signs . Is there a limitation of number which can be put up. City Manager said that there is a company that wants to come in PwW here and put up signs . Dave Clark stated that a company does intend to come in and put up fifty billboards . One of the current major bill board companies in town has a concern about that, and it has flagged a question of is the community concerned with the number of billboards . Limitation of the number of billboards would be a decision of the City Council . As it stands they can be put up. Mayor commented that he viewed it as a competition matter. Until we see some cause of alarm as a result of too many signs, I think we have no right to get into the issue . Item 10c City Manager updated Council on trees being planted in right- of-ways . He has provided a memo to Council on that . Also, there was a question raised on the sight distance on Maurine Street and he has a memo addressing that . We can take care of that by changing the stop-bar. If you have any questions, on either of these memos, let me know. Mr. Robert Parker reported on the conversion of Austin and Travis streets to two-way streets . We received good media coverage and Police Department assisted in letting people know that those streets were now two-way. We are still having a little difficulty around the YMCA with people parking on the wrong side of the street . It has been going well . City Manager reported that Section 2-11 of the Code allows him to accept change orders if they are under the amount of $5, 000 and inform the Council at the next meeting, which is what he is doing. There was a change order of $1, 199 at the Nature Center for an electrical conduit for lights on the parking lot and for a drinking fountain. The Architect on the job has offered to lower their bill by $946 as a donation. This will make the change order $253 . 162 Item 10c cont' d. Mr. Bonnett reported on recycling program and reminded Council that the first week in April will begin the yard waste recycling program. We have developed a very successful composting program and he encouraged Council to come out and look at this operation. The first Wednesday in April will be first collection. Citizens can call 761-7977 to have yard waste picked up at curb side . It can be bagged or put in a 30 gallon plastic container, and branches can be tied in 18" diameter bundles . At no additional charge, citizens can be put on this route on a voluntary basis . He asked that citizens call a couple of days in advance of the Wednesday pickup. After the initial call, they will be put on the route for pickup. This program is to try to avoid mandatory yard waste disposal . City Manager commented that this is a fairly break-even program. This is a good program and may do even better than break- even. Troy Jensen informed on the new audio system. This is the first stage and we hope to be complete by end of summer. We appreciate your tolerance during this conversion. Mr. Clark informed that the Highway Commission appointed by the Council is hosting the second public meeting at 5 : 15 in the St . James Room at the Activity Center regarding the Holliday/Broad Overhead Project . City Council recessed at 9 : 45 a.m and reconvened into Executive Session at 9 : 55 a.m. as authorized by section 551 . 074 of the Government Code . City Council reconvened at 11 : 33 a.m. Mayor Pro-Tem adjourned the City Council in the absence of the Mayor. The City Council adjourned at 11 : 36 a .m. PASSED AND APPROVED this ril day of 1996. Michael Lam, Mayor ATTEST: Lyd ' Torres Cit_V Clerk i �s