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Min 06/03/1997 546 Wichita Falls, Texas Memorial Auditorium Building June 3 , 1997 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 a.m. , with the following members present : Kay Yeager - Mayor Don Johnston - Councilors Angus Thompson - J. W. Martin - Harold Hawkins - Jim Berzina - City Manager Bill Sullivan - Asst . City Attorney Lydia Torres - City Clerk Dan Shine - Absent Bill Daniel - Absent Mayor Yeager called the meeting to order. The invocation was given by Rev. Charles Bartlett, Anchor Baptist Church. Item 3a Gene Probst, 2430 Brentwood, retired engineer, assists Corlett, Probst & Boyd with plats and replats . Mr. Probst mentioned a suggestion which was made at the Council retreat regarding the addition of two weeks to a curb and gutter waiver. He asked that Council reconsider this because this would add an additional two weeks to an already lengthy process . Mayor commented that Council had looked at options on how to streamline requests that come first to the City where Staff cannot respond, and Council is the only body who can respond to these requests . We will take your comments into consideration as we look at ways that we can be well informed on curb & gutter requests and where citizens can be heard in a very expeditious manner. Item 4a Ronald P. Gonzales, Assistant City Clerk, was honored as Employee of the Month for the month of June . Mayor presented him with a plaque, City pin, transit tickets, dinner tickets and a check. 547 Item 5 The minutes were approved as distributed. Items 6a-8i Moved by Councilor Thompson that the Consent Agenda be approved. m Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Thompson, Martin and Hawkins Nays : None Item 6a RESOLUTION NO. 82-97 A RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF EASEMENTS FOR THE 1996-97 UTILITY IMPROVEMENT PROGRAM, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION Item 7a W RESOLUTION NO. 83-97 RESOLUTION TO AWARD BID AND CONTRACT FOR HAMILTON PARK TENNIS COURTS PROJECT Item 7b RESOLUTION NO, 84-97 RESOLUTION TO AWARD BID AND CONTRACT FOR 1997 STREET RESURFACING PROJECT Item 7c RESOLUTION NO, 85-97 RESOLUTION TO AWARD BID AND CONTRACT FOR HEALTH DEPARTMENT RE-ROOF PROJECT Item 8a-8i Minutes of the following boards and commissions were received. a. Commission on Human Needs, May 19, 1997 b. Board of Electrical Examiners, May 8, 1997 c . Employee Benefits Trust, May 7, 1997 d. Planning and Zoning Commission, April 24 , 1997 e . Board of Adjustment, April 16 , 1997 f . Building Board of Adjustments and Appeals, April 10 , 1997 g. Planning and Zoning Commission, April 9, 1997 h. Planning and Zoning Commission, March 19, 1997 i . Planning and Zoning Commission, March 12 , 1997 548 Item 9 A public hearing was held on hazardous structures . Mayor declared the public hearing open. Mr. Jim King gave a brief history of the notification process . Mr. King informed that the Ordinance gives specific direction as to the method and number of notices we make . If a building is inspected and found to be sub-standard, the tax rolls and warranty deeds are researched at the Courthouse . Registered letters are mailed to the owners, as well as to all lien holders and interested parties or heirs listed on the warranty deeds . The owner is notified that they have sixty days to contact our office and to make any type of corrective actions they may wish to make on the future of the building. Letters are sent by registered mail and also by regular mail; and there are two publications posted in the Wichita Falls newspaper. We make every effort to provide written notification or personal notification, if the parties are local and we can communicate with them, in addition to the newspaper notices . Mayor commented that at this time a lot of what we have are uninhabited structures . It is in the best interest of the City and community to not have to tear these structures down. It would be more advantageous for everyone concerned to have the buildings rehabilitated and made suitable for inhabitants . Item 1 . ) Mary Jo Craft, 1509 Austin and 405 Dallas, said that she knows she has problems with her property and wanted to know if she could give the property at 405 Dallas to the City. She asked for two additional months and if she sees that she cannot do that, she will turn it over to the City. She has paid people to help her with the property but they took her money and did nothing. Mr. King informed that 405 Dallas is not on the list . He informed that there had been a structure fire in January and they inspected it on three different occasions . At this point they feel the building is beyond rehabilitation. There have been no indications of plans or repairs . Mrs . Craft was questioned about the delinquent taxes and she said she has not done anything about them because she has been in a financial bind. She said she has tried to get the yard cleaned up. She asked for an additional two months . Mr. King said that if they receive some type of good faith notification of plans, specifications and financing from Mrs . Craft within that thirty days, they will work with that . Council agreed. Item 3) Elaine Hennessey, 1509 Bell, said she wanted to get it torn down and would like the opportunity to do so and donate the property to the City. Mayor directed her to get with Mr. King to discuss her plans . Item 9) Frances Orsak, 1305 36"' Street, said that they are carrying a note on the mobile home and they need to know what to do. She said there was no insurance on the mobile home, and she did not renew it because she had already sold it . Mr. King informed that this was a peculiar situation. This is a mobile home which has extensive fire damage . If the owners 549 Item 9 cont ' d. want to rebuild we would accept plans with specifications to rebuild as a residence which would require a foundation and a full rehabilitation as a single family residence . If they want to rebuild it as a mobile home and use it as a mobile home, it must be rehabilitated by a certified mobile home refurbisher. This structure is totally gutted and if they want to rebuild it as a house it is going to have to be planned and permitted as a house . Mrs . Orsak stated that it was not totally gutted. The major damage is in the front bedroom and the bathroom. Mr. King informed that it would require extensive repairs with extensive permits . She was directed to discuss this with Mr. King and provide him a plan with financial ability to rehabilitate and if not, a plan to remove it . If this is not done within thirty days the City will demolish. Item 27) Martha Irvin, 803 Gerald, said that Mr. Charles Burnett has a contract to purchase this property and he is here to explain where it stands now. Charles Burnett, 917 Hickory, said he had been unsuccessful in obtaining a building permit . He has all the materials to do the work and an electrician. He said he had discussed this with Mr. King but it was not acceptable to them. Mr. King stated that he has a rough draft for a building permit, however, Mr. Burnett is not the owner and does not have a record of ownership . Our recommendations were to provide us with more wow detailed information as to plans and specifications . We suggested that perhaps he get a contractor to give him a bill of kwo material and a list of work that had to be done . That is where we left it and we have not heard back from Mr. Burnett . Mrs . Irvin had the contract with her and she gave it to Mr. King. She informed that they do not file these until they have paid them. Mr. King said they would work with them on this . They were directed to work with Mr. King to try to come to an agreement to rehabilitate this house . Mr. King commented that the structure does not have a substantial foundation and we would require a foundation plan at the time they submit their building permit application. Mr. Burnett stated that there is concrete around it . Mr. King said that when Mr. Burnett submits his plan they will go with him to inspect the site together. Item 45) Lena Frost, Century 21, represents Christopher Langone regarding 1514 Holly. Ms . Frost informed that Mr. Langone had inherited this property in a default situation. She requested an additional 60-90 days extension in order to affect a sale . She has a prospective buyer and needs more time to work with them. She said that there were two buildings on the property which needed to be demolished and has someone who can do that . There is a third building, a metal double garage, which the owner would like to keep to rehabilitate . Mr. King informed that the owner had been notified in Chicago six months ago concerning property conditions, and we have not heard from him until he was notified of this hearing. There were no steps taken to do any repairs or sell the property. Ms . Frost informed that Mr. Langone had moved his office to Chicago and did not receive the first notice for a couple of months . 550 Item 9 cont ' d. Councilor Hawkins suggested giving them thirty days to tear down the two houses with an extension of sixty days on the third building. Mr. King informed that he did not have the other two houses written up, however, he would accept their demolition permit application and review their permit plans to rebuild if that is what they want to do. Mr. King informed that the third structure, the metal double garage was not on this report and not a part of this hearing. Councilor Martin suggested giving them sixty days provided they clean up the place and have the debris removed for sanitation purposes . Ms . Frost agreed and she was so directed. Item 46) Diana Almanza, 1205 N. 2nd Street, said her house needs a lot of repairs but she does not have the funds to do it . She has two prospective buyers and has given them until the end of June to purchase . If this does not happen, she has someone who will give her an estimate to tear it down the first weekend in July. Councilor Hawkins commented that any Council action taken today has an automatic thirty day delay clause in it and the additional thirty days we are giving would total up to sixty days . Mr. King concurred. Councilor Hawkins recommended giving Mrs . Almanza an additional thirty days to do this which will carry her to the end of July. City Manager asked if the house was sold would the process begin all over again or are they obligated to this action. Mr. King informed that there was an Ordinance that would apply to this structure . If it has been tagged and has Council action, and there is a new ownership the clock continues to run and we do not have to start this process over again. This Ordinance would still continue to be in effect . City Manager clarified that if someone bought this they would still have to come in with a plan to rehab it . Mr. King concurred. Item 42) City Attorney referred to Item 42 , MO-KS-TX- Railroad, and informed that he and Mr. King had received correspondence from the Union Pacific Railroad which is successor to the Missouri Pacific, requesting a 120 day extension to demolish the structure . If it is not done within that time frame they will authorize the City to demolish. Mr. King and City Attorney have that in writing and recommend this extension be allowed. Council agreed. Item 5) Charlie and Elizabeth Manshack, 1322 Britain, said this house was red tagged before they bought it one and a half years ago. This situation has been on-going since 1992 . They want time to repair it . Mr. King informed that this structure was going to need some major renovation. Electrical work has been done but it does not meet Code . We have not seen a plan which would make this house livable . Our recommendation is that they provide us with plans and specifications or we are going to have to take some different action. They were allowed an additional thirty days which would total sixty days . Mayor Yeager allowed time for additional public comment . There being no one else who wished to be heard, Mayor declared the public hearing closed. 551 Item 9 cont ' d. The following Ordinance was considered. ORDINANCE N0, 51-97 AN ORDINANCE ON PUBLIC HEARING ON HAZARDOUS STRUCTURES, ORDINANCE DECLARING CERTAIN BUILDINGS AND/OR STRUCTURES AS DANGEROUS AND COMMANDING CERTAIN ACTION WITH REGARD TO SAME, FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Johnston that Ordinance No . 51-97 be passed with the exceptions as noted on Items 1, 3 , 5 , 9, 27, 42 , 45 , and 46 . Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Thompson, Martin and Hawkins Nays : None Item 10a ORDINANCE NO, 52-97 ORDINANCE WAIVING SECTION 22-1 (a) (2) OF THE CODE OF ORDINANCES TO PERMIT VEHICLES ON THE GRASS DURING AN EVENT BY THE RADIO CONTROL CLUB JUNE 21-22 , 1997 IN JAYCEE PARK Moved by Councilor Hawkins that Ordinance No. 52-97 be passed. Motion seconded by Councilor Thompson and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Thompson, Martin and Hawkins Nays : None Item 10b ORDINANCE N0, 53-97 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FOR ADDITIONAL GRANT REVENUE FROM THE CRIMINAL JUSTICE DIVISION OFFICE OF THE GOVERNOR AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME Moved by Councilor Martin that Ordinance No. 53-97 be passed. Motion seconded by Councilor Johnston. 552 Item 10b cont ' d. Councilor Thompson was very concerned with the lack of progress on the drug problem in District 2, and asked how this money was going to be dedicated in the City of Wichita Falls . Sgt . Jerry Riley replied that as far as what portion of the grant will apply to the City is difficult to say. Wichita Falls is a hub area for North Texas as far as the drug trade . We have worked here in Wichita Falls and will continue in the future . As far as the drug trade itself, we see it as a constant in different areas of town. We can put people in jail and others will take their place . It is going to take things other than enforcement by itself to take care of this problem. Councilor Thompson wanted to know how it flourished and why some people never go to jail . Sgt . Riley said that it is the way a case is handled. Unless we have a way into the drug dealer we cannot get to him. Councilor Thompson questioned how those persons sell drugs openly and not be arrested. Chief Schlieper stated that it is very difficult to get an undercover officer to be able to buy from people off the street . It is something that takes planning and it is something we are working on. But as far as being able to have an impact on street level drugs, it is extremely difficult . This grant is going to be used for those who are selling at higher levels and not on the streets . Councilor Thompson was concerned that more progress had not been made, and his point was that it did not seem that we were doing very well . Chief Schlieper disagreed and commented that it was necessary for the neighbors to get involved in helping the police clean up this problem. He stated that he is a strong advocate of community policing and he is committed to developing that philosophy here in the City. He believes that given some time the City will see some differences . Councilor Thompson commented that the law is so cumbersome that you cannot make arrests or there are so many in the drug trade or they are so skilled that they are able to shift and drift and we are unable to catch them. I hope that we will put forth more effort to let the people see some real progress . People need to know what they can do. Mayor added that the citizens do need to get involved and help the Police as much as possible and they need to be aware of those that are close to them that are a part of the problem. City Manager stated that maybe the solution would be to dry up the market and focus on the users . Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Thompson, Martin and Hawkins Nays : None 553 Item 10c ORDINANCE NO. 54-97 AN ORDINANCE AMENDING SECTION 6800 OF THE ZONING ORDINANCE REGARDING LANDSCAPING REGULATIONS AND REPEALING SECTION 6238 ; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Ordinance No. 54-97 be passed. Motion seconded by Councilor Thompson. Mr. Clark gave information on the changes . Councilor Hawkins expressed a concern of making an arid area into a greenhouse . He hoped that this staff as well as future staff would be understanding in dealing with the citizens . Councilor Thompson stepped out of the Council chambers . Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Martin, and Hawkins Nays : None Item 10 ORDINANCE N0, 55-97 AN ORDINANCE REZONING LOTS 12 & 13 , BLOCK 69 , FAITH VILLAGE, UNIT TWO, FROM SINGLE FAMIY-2 TO LIMITED COMMERCIAL ZONING; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Ordinance No . 55-97 be passed. Motion seconded by Councilor Hawkins . Mayor stated that Staff recommends disapproval of this request . Mr. Dave Clark commented that Staff has a reluctance about this because although they encourage and do want to see commercial economic development, they also feel they need to protect the neighborhood residences . Staff had a concern of when do you stop. Councilor Hawkins commented that Planning and Zoning had looked at the area and all but three of the lots are commercial . This is a conversion which started in the past and the Commission believes this is a natural trend in this area. We have tried to provide safeguards so that the neighborhoods are protected. 554 Item 10d cont 'd. Mr. Clark asked that since there were only four Council members present, would that affect the vote . City Attorney replied that the Charter requires four members present to pass an ordinance . Mr. Clark commented that he wanted to be fair to the applicants since there are only four Council members present . Jill and Dave Hertzog, property owners stated that there are only three pieces of property on the west side of Kemp from Callfield to Southwest Parkway which have not been rezoned, and they own two of them. We would like to put in a viable business in that location. Councilor Thompson returned to the Council Chambers . Mrs . Hertzog stated that this property would be more valuable to them and to the City as commercial . We only have plans for Lot 13 which backs up to Kemp St . although there are dwellings on both lots . We have plans to do extensive remodeling. The opening to the business will be on Kemp Street with the entrance to the parking lot on Quill St . It would be unfair not to rezone this since the Planning and Zoning Commission approved it unanimously. Pearl Caldwell, 2842 Featherston, informed that she lives one house from Lot 13 . She was very opposed to this proposed ordinance and did not see the need to add another business there . Quill Street is a narrow street and it poses parking problems . She suggested having them build in another area such as Michael' s Plaza. She said that no one wants a business six feet from their residence . Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Thompson, and Hawkins Nays : Martin Item 10e A proposed ordinance was presented waiving section 5620 of the Zoning Ordinance and allowing a single-wide mobile home as a residence in a General Commercial Zoning District . Moved by Councilor Martin that proposed ordinance be passed. Motion seconded by Councilor Hawkins . Mr. Clark informed that Staff was opposed to this waiver because this residence was moved in without permits and without zoning approval . Councilor Hawkins commented that although it was moved in illegally, he understands that there was a travel trailer that was used as a residence behind the building. The owner needed 555 Item 10e cont ' d. more space and he purchased a used manufactured home, and has done a lot of improvements out there . He can have a manufactured home out there if it is a double wide but not a single wide . Councilor Hawkins did not agree that such strict restrictions should be put on this . He would like to see it as a conditional approval that can stay only as long as the owner does . If he moves, the single wide would have to be moved. Moved by Councilor Hawkins that the original motion be amended by changing the approval to a conditional approval . Motion seconded by Councilor Thompson. Councilor Hawkins stated that he agreed to Mr. Lofland staying there with the conditional approval because he understands his need to protect the property. If this was allowed, Mayor questioned how this conditional approval could be policed to determine that it is not converted into a residence . Mr. Clark stated that if Council approves this waiver he would ask for direction on implementation of enforcement of the laws of the City. We would have to change some of the laws, and if we do not want to enforce them, then they should be removed from the regulation. These people moved in illegally and are in violation of regulations of the Zoning Ordinance and Building Code . Personally, I have an extreme problem with an exception for a person. Mayor called a point of order and stated that the motion has been amended and the vote would be on the original motion „ with the amendment . Mayor stated that basically the motion would be that this waiver is conditional and applies only to this person as long as he is occupying the single wide as a residence . Motion failed by the following vote . Ayes : Councilors Thompson, and Hawkins Nays : Mayor Yeager, Councilors Johnston, and Martin Item 11a RESOLUTION NO. 86-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS; APPROVING THE BYLAWS OF THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Thompson that Resolution No. 86-97 be passed. Motion seconded by Councilor Johnston and carried by the following vote . 556 Item lla cont ' d. Ayes : Mayor Yeager, Councilors Johnston, Thompson, Martin and Hawkins Nays : None Item 12a City Manager requested that all bids for Memorial Auditorium carpeting be rejected and re-bid. Moved by Councilor Johnston that all bids for the Memorial Auditorium carpeting be rejected and re-bid. Motion seconded by Councilor Martin and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Thompson, Martin, and Hawkins Nays : None Item 13a Councilor Thompson requested a downtown project tour in September for the City Council with lunch at one of the downtown restaurants . Councilor Thompson clarified that he was not angry with Chief Schlieper and his department . He wanted to let the public know that we are trying to find the right answers to the drug problems in our community. Councilor Hawkins stated that the legislature has passed a change on the homestead exemption and wanted to know when that would take effect and how it would impact the budget . City Attorney replied that he was unaware of that, but, if they did it would take effect September 1 . He did not know what it would do to the budget . Staff will look into this . Councilor Hawkins mentioned that there was good advertising on the local channels on what is happening at MPEC and suggested that the City channel be used for this . Councilor Johnston asked about the policy on leasing lake lots . City Manager replied that the no re-leasing policy still exists, but that will be on a Council discussion session. Councilor Martin commented that the lake lot staff has been doing a good job of cleaning up. He asked that the possibility of letting those people pay in advance be considered and discussed in a Council session. Mayor expressed appreciation to the Staff for their presentations at the retreat and their preparation. She came away from the retreat with a positive attitude . There is a lot of work ahead of us and we are going to have to work with the staff in a positive way to move forward. 557 Item 13a cont ' d. Councilor Thompson requested a tour of the proposed annexation area. Item 13b City Manager reported on the Golf Course . We are looking at stopping the practice of a five-some on weekends . The golf course is improving considerably, and favorable comments are up. He informed that the new carts will be delivered June 11 . Councilor Martin asked if the Council needs to make a decision before October on whether the City will keep the golf course . City Manager replied that they would, and that issue will be taken up with the Committee . Councilor Johnston reported that the Library Project is coming along very well . The Committee discussed minor modifications to the contract . We are within the budget and the time frame is pretty much on track, and we are looking forward to completion in February. The City Council adjourned at 10 : 29 a.m. WNW PASSED AND APPROVED this day of - 19 . 4 i Liz KA H N A. YE GER MAYOR ATTEST: Lydia Torres City Clerk