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Min 03/16/1994 513 Wichita Falls,Texas Memorial Auditorium Building March 16 , 1994 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 7: 00 o'clock p.m. , with the following members present: Michael Lam - Mayor Leon Mallonee - Councilors Terrance E. Loughry - Paul Hughes - J. W. Martin - Harold Hawkins - James Berzina - City Manager Gregory Humbach - City Attorney Lydia Torres - City Clerk Angus Thompson - Absent Mayor Lam called the meeting to order. The invocation was given by Rev. Daniel Burt, Agape Church. Mayor Lam proclaimed March 14-20 , 1994 as "Older Workers Week" , and March 13-10, 1994 as "Kelly Week" . Item 3 Moved by Councilor Martin that minutes of the meeting held March 1, 1994 be approved. Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Hughes, Martin, and Hawkins Nays: None Items 4a-7d Moved by Councilor Martin that the consent agenda be approved. Motion seconded by Councilor Hughes and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Hughes, Martin, and Hawkins Nays: None Item 4a RESOLUTION NO. 31-94 RESOLUTION AUTHORIZING CONTRACT WITH NORTH CENTRAL TEXAS OFFICIALS ASSOCIATION FOR ATHLETIC LEAGUE SERVICES. 514 Item 4b RESOLUTION NO. 32-94 RESOLUTION AMENDING LUCY PARK LOG CABIN RENTAL POLICY (RESOLUTION 120-86) Item 4c RESOLUTION NO. 33-94 RESOLUTION NAMING POLLING PLACES AND OFFICIALS FOR REGULAR CITY ELECTION ON MAY 7, 1994 Item 5a Bid was awarded to Grozier Mann for the City' s annual supply of low lead and diesel fuels at $0. 6795/gal. for low lead and $0. 5037/gal. for diesel. Item 6a RESOLUTION NO. 34-94 RESOLUTION TO ACCEPT THE LANDFILL OFFICE BUILDING PROJECT AND AUTHORIZE FINAL PAYMENT TO M & F LITTEKEN, INC. Item 6b RESOLUTION NO. 35-94 RESOLUTION TO ACCEPT THE 1993 ALLEY REHABILITATION PROJECT AND AUTHORIZE FINAL PAYMENT TO MCGRATH BROTHERS CONCRETE Item 7 Minutes of the meetings of the following boards and commissions were received. a. Traffic Safety Commission, February 2, 1994 b. Wichita Falls Park Board, February 24, 1994 c. Wichita Falls/Wichita County Public Health Board, February 11 , 1994 d. Lake Wichita Study Committee, February 8 , 1994 Item 8 A public hearing on hazardous structures. Mayor Lam informed that this was the second public hearing regarding hazardous structures and that the persons whose property falls under this item have been notified by mail. Mayor Lam declared the Public Hearing open. Delbert Sims, owner of 119 Tulsa, intends to open a business there and bring property up to standards but needs additional time to obtain a small business loan in order to complete the work. Councilor Martin suggested that he start by cleaning up the property. Mr. Sims agreed that he would take w time to begin cleaning. John Patterson, 536 White, intends to tear the building down but needs additional time. Mr. Jim King informed that he needs to apply for a demolition permit. Mayor Lam suggested an extension of six months, contingent upon Mr. Patterson' s getting a demolition permit within one week. Mr. Patterson acknowledged that he understood. Gladys Bailey, 1005 N. Eastside Drive, protested that six weeks was not enough time to get the property up to standards, but she does intend to repair it and clean it up. Mayor Lam informed Mrs. Bailey that she would need to meet City Code, which is not negotiable. She said she may need more than six 515 Item 8, cont'd. months in order to complete the repairs, since she is working on it by herself. She is presently working on the roof. Councilor Hawkins stated that she be allowed an opportunity to make some effort to repair the front building in order to get it ready for business, and if she does not show significant progress then she would be asked to tear both buildings down. Jimmy Stodghill, representing his mother-in-law Patsy Allsup, 2615 9th Street. He said that he had maintained the house and it is secured. He protested that two months in the winter is not enough time to comply with City requirements. He said that in September a letter was received from Code that it was in need of repairs and in three months time was put up for disposal. He requested additional time of possibly six months. i Louise Kelly, 307 Bonner, is planning to have relatives tear down the two structures on the property but needs six months to have this done. She said she would begin cleaning the property within a couple of weeks. Mr. King requested that this property be secured. Mrs. Kelly said she had done this previously. Mayor Lam said that she needed to secure it, clean it up immediately and start tearing it down. She said she would start on it immediately. Manuel Diaz , Jr. , 1200 N. 4th, requested additional time to repair the building. He and his father want to fix it up and sell it. He said if he was given three months he would have it substantially complete. Mayor Lam advised Mr. Diaz that vacant property needs constant attention and care, and if he is not going to do anything with it he needs to tear it down. He said he would begin on it immediately and would finish repairing the building. Mayor Lam said they would give him additional time but they would need to see significant progress. James Simmons, 200 2nd, said he already had the building under contract to tear it down, and he needed additional time, possibly two to four months. He said that the contractor had already started the work. Gene Buchanan, 1013 Woods, is trying to develop this rental property and does not feel it should be on the list. He has it secured and is working on it. He has a neighbor who parks a car in his carport. He said no one is going in the building. Councilor Hawkins requested that he begin cleaning up the outside immediately. Mr. Buchanan agreed that he would do this. Mr. King said this was on the list in January, 1991 to be repaired or demolished within thirty days, and Mr. Buchanan has only worked on the roof since that time. Mr. Buchanan said he was working on another project which is now 90% complete and will be working on this property. The main problem is debris in the backyard and that needs to be cleaned up within thirty days. Mr. Buchanan said he is working on that. Mayor Lam said they were going to give him an extension but they were going to expect real progress in order for him to show good intentions. He needs to repair the building or tear it down. Mr.Buchanan said that he was working on it and he would get it completed. Jack Helmcamp, 1701 Sheppard Access Road, had a contractor working to tear the building down but he defaulted on the contract. He mentioned that the water problem with Plum Creek had prevented him from continuing the job. He said when the ground becomes stable enough he would get back in and complete the job, weather permitting. Councilor Hawkins asked him if he could finish the job if given six months. Mr. Helmcamp replied that it all depended on the weather. George Buchan, 806 Burkburnett Road, said this building had been secured since April, 1993 and he has had no problems with break-ins. This building is used for storage and he checks the building every other day unless he is out of town, which would be every four days. He said that the building had been tagged for being vacant and insecure because someone had broken a door, 516 Item 8 , cont'd. but he secured it. Later, he received a letter to demolish the building. He explained to Code that the building was used for storage, and he was informed that his only recourse was to come before the Council. Mr. Buchan said the building was too good to tear down. He said he would like to keep it for storage. Mr. King said the complaint was that kids were getting into the unoccupied buildings. Councilor Hawkins asked that he secure it better and he would not have a problem with removing it from the demolition list. Mr. King said that if the building was secured in a fashion that it would remain secure to eliminate problems of unauthorized entry, he did not have a problem with it. Mr. Buchan asked why the alley behind that building had been blocked. Mr. King was asked to look into this. Irene Hunter, 800 Woods (Rear) , requested additional time to bring the building up to city requirements. Mrs. Hunter said she had secured the building. The inside is better than what the outside looks. She said she planned to clean it up and fix the porch. Mayor Lam advised that she needed to speak with Code Enforcement to see what was required of her. Mrs. Hunter said she would do this. E. D. Jordan, 605 and 607 Dallas, informed that 605 has smoke damage, 607 needs a roof and the carport needs to be torn down. Mr. King recommended that this house be repaired. Mr. Jordan said that he could complete all repairs on both buildings within nine months. He said he could start cleaning up and repairing within two weeks. No one else wished to be heard. Mayor Lam closed the public hearing. ORDINANCE NO. 23-94 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS: COMMANDING PROPERTY OWNERS TO REPAIR OR DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY ( 30 ) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY. Moved by Mayor Lam that Ordinance No. 23-94 be passed. Exception was made to the twelve people who appeared at this meeting and they were granted a six month extension and the property at 806 Burnett will be taken off the list. Mr. King will report back to the Council at the end of the six months, and if no substantial visible progress has been made on these properties during that time, then the City will proceed with the normal course of action. Motion seconded by Councilor Hughes and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Hughes, Martin, and Hawkins Nays: None Item 9a ORDINANCE NO. 24-94 AN ORDINANCE WAIVING SECTION 25-69 OF THE CODE OF ORDINANCES TO ALLOW THE OPERATION OF A TRANSIENT SHOW AT THE NOTRE DAME HIGH SCHOOL 18TH ANNUAL SPRING FESTIVAL ON APRIL 29, 30, AND MAY 1, 1994 Moved by Councilor Martin that Ordinance No. 24-94 be passed. 517 Item 9a, cont'd. Motion seconded by Councilor Hughes and carried by the following vote. Ayes : Mayor Lam, Councilors Mallonee, Loughry, Hughes, Martin, and Hawkins Nays: None Item 9b ORDINANCE NO. 25-94 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, EXTENDING THE FRANCHISE OF VISTA CABLEVISION, INC. , FOR 180 DAYS FROM AND BEYOND APRIL 3 , 1994 ; DECLARING AN EMERGENCY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Hughes that Ordinance No. 25-94 be passed. Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Hughes, Martin, and Hawkins Nays: None Item 9c ORDINANCE NO. 26-94 AN ORDINANCE WAIVING SECTION 22-1 (a) ( 9) OF THE CODE OF ORDINANCES TO PERMIT SIGNS AND BEER DURING AN EVENT BY THE AMERICAN CANCER SOCIETY, MARCH 26 , 1994 . Moved by Councilor Mallonee that Ordinance No. 26-94 be passed. Motion seconded by Councilor Hughes and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Hughes Martin, and Hawkins Nays: None Item 9d ORDINANCE NO. 27-94 ORDINANCE WAIVING SECTION 22-1 (a) ( 9) OF THE CODE OF ORDINANCES TO PERMIT SIGNS DURING AN EVENT BY THE MARCH OF DIMES ON APRIL 16 , 1994 IN LUCY PARK. Moved by Councilor Mallonee that Ordinance No. 27-94 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Hughes Martin and Hawkins Nays: None 518 Item 9e ORDINANCE NO. 28-94 ORDINANCE WAIVING SECTION 22-1(a) ( 9) AND SECTION 22-4 OF THE CODE OF ORDINANCES TO PERMIT SIGNS AND BEER DURING AN EVENT BY THE W.F. RUNNERS CLUB ON MAY 14, 1994 IN HAMILTON PARK. Moved by Councilor Martin that Ordinance No. 28-94 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Hughes Martin, and Hawkins Nays: None Item 9f ORDINANCE NO. 29-94 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ADDING SECTION 22-95 TO THE CODE OF ORDINANCES, PROHIBITING VEHICLES IN DESIGNATED AREAS OF THE SOFTBALL COMPLEX; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Moved by Councilor Hughes that Ordinance No. 29-94 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Hughes, Martin, and Hawkins Nays: None Item 9g Item 9g was pulled from the agenda because the City Engineer could not be present. Item 9h ORDINANCE NO. 30-94 ORDINANCE WAIVING SECTION 27-29 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ALONG THE WEST SIDE OF SHEPPARD ACCESS ROAD ADJACENT TO THE EAST LINE OF LOT 1 , BLOCK 1 , SHILOH BAPTIST CHURCH ADDITION Moved by Councilor Martin that Ordinance No. 30-94 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Hughes, Martin, and Hawkins Nays: None Item 9i An ordinance was presented waiving Section 27-29 of the Code of Ordinances with respect to placing a sidewalk along the 519 Item 9i, cont 'd. north side of Glenhaven Drive adjacent to the south line of Lot 1 , Block 1, Shiloh Baptist Church Addition. Moved by Councilor Hawkins that this ordinance be passed. Motion seconded by Councilor Hughes, and failed by the following vote. Ayes: Councilor Mallonee Nays: Mayor Lam, Councilors Loughry, Hughes, Martin, and Hawkins Item 9j ORDINANCE NO. 31-94 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) (2 ) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE NORTH SIDE OF REILLY ROAD, ADJACENT TO THE SOUTH LINE OF LOT 1 , BLOCK 1, TURKETT ADDITION Moved by Councilor Hawkins that Ordinance No. 31-94 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Hughes Martin, and Hawkins Nays: None Item 9k ORDINANCE NO. 32-94 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING SECTION 7545 OF THE ZONING ORDINANCE LIMITING RESUBMISSION OF ANY PREVIOUSLY DENIED REQUEST FOR CHANGE, AMENDMENT, OR OTHER ACTION REQUIRING A PUBLIC HEARING OR PUBLIC NOTICE REGARDING THE ZONING ORDINANCE TO SIX ( 6 ) MONTHS ON ITEMS SUBMITTED TO THE PLANNING & ZONING COMMISSION, BOARD OF ADJUSTMENT, OR CITY COUNCIL; 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. 32-94 be passed. Motion seconded by Councilor Hughes and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Hughes, Martin, and Hawkins Nays: None Item 91 ORDINANCE NO. 33-94 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 GLENHAVEN DRIVE AND THE WEST SIDE OF SHEPPARD ACCESS ROAD ADJACENT TO THE SOUTH AND EAST LINES OF LOT 1, BLOCK 1, SHILOH BAPTIST CHURCH ADDITION 520 Item 91, cont 'd. Moved by Councilor Martin that Ordinance No. 33-94 be passed. Motion seconded by Councilor Hughes. Councilor Hawkins moved and Councilor Mallonee seconded to amend the motion wherein the 40 feet on Glenhaven Drive require curb and gutter, and the 247 feet on Sheppard Access Road be waived. The vote to pass the amended ordinance carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Hughes, Martin, and Hawkins Nays: None Item 9m ORDINANCE NO. 34-94 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 Hughes that Ordinance No. 34-94 be passed. Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Hughes, Martin, and Hawkins Nays: None Item 10a RESOLUTION NO. 36-94 RESOLUTION TO APPROVE MODIFICATION TO UTILITIES SERVICES CONTRACT WITH SHEPPARD AIR FORCE BASE TO ACCOMPLISH A REGIONAL WASTEWATER CONNECTION Moved by Councilor Martin that Resolution No. 36-94 be passed. Motion seconded by Councilor Hughes and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Hughes, Martin, and Hawkins Nays: None Item 10b RESOLUTION NO. 37-94 RESOLUTION TO APPROVE RELOCATION OF GAS MAINS TO FACILITATE NORTH DRAINAGE BASIN SANITARY SEWER TRUNK MAIN, PHASE II , CONSTRUCTION. Moved by Councilor Hughes that Resolution No. 37-94 be passed. Motion seconded by Councilor Mallonee and carried by the following vote. 521 Item 10b, cont 'd. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Hughes, Martin, and Hawkins Nays: None Item 10c RESOLUTION NO. 38-94 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR CONCESSION STAND SERVICES AT THE ACTIVITIES CENTER Moved by Councilor Martin that Resolution No. 38-94 be passed. Motion seconded by Councilor Hughes and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Hughes, Martin, and Hawkins Nays: None Item 10d RESOLUTION NO. 39-94 RESOLUTION AMENDING LICENSE WITH THE Y.M.C.A. FOR USE OF PARK BALLFIELDS. Moved by Councilor Martin that Resolution No. 39-94 be passed. Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Hughes, Martin, and Hawkins Nays: None Item 10e RESOLUTION NO. 40-94 RESOLUTION TO AUTHORIZE THE CITY MANAGER TO MAKE APPLICATION TO THE TEXAS COMMISSION ON ALCOHOL AND DRUG ABUSE FOR CONTINUATION AND EXPANSION OF THE D.A.R.E. PROGRAM Moved by Councilor Hawkins that Resolution No. 40-94 be passed. Motion seconded by Councilor Mallonee and carried by the following vote. City Manager reminded the Council that there was a clear understanding that there will be no continuing liability for the City to fund this program should the grant money not continue in the future. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Hughes, Martin, and Hawkins Nays: None 522 Item lla RESOLUTION NO. 41-94 RESOLUTION TO AWARD BID TO PATE BROTHERS CONSTRUCTION FOR NORTHSIDE SANITARY SEWER TRUNK MAIN PHASE II PROJECT Moved by Councilor Hughes that Resolution No. 41-94 be passed. Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Hughes, Martin, and Hawkins Nays: None Item llb Moved by Councilor Hughes that the bid for annual supply of automotive filters be awarded to Specialty Oil Company in the amount of $36 ,727. 34. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Hughes, Martin, and Hawkins Nays: None Item 12a Ms. McLaughlin, employee representative from Southwestern Bell, 605 W. Smith, Iowa Park, Texas requested that Council remove the two-hour parking signs surrounding the Southwestern Bell building downtown. She stated that these signs were originally put up for Southwestern Bell and TU Electric patrons, which they no longer have. Their main concern is downtown security. She said Southwestern Bell was supporting them in this request. Mayor Lam asked Mr. Parker and the Traffic Department to issue a feasibility report with the pros and cons, a copy of which will be given to Ms. McLaughlin. Doris Booker, 1321 N. 4th Street, requested that Council adopt a fencing ordinance requirement for people who own and have dogs in the City limits. She said chaining of dogs should be done away with as a way of life for dogs. Mayor Lam informed that the City has Animal Control. Guy Matthews, 1314 N. 4th Street, stated that Animal Control had more than they could handle. He said he was tired of all the loose dogs and him having to act as dog catcher. He said if they had a fenced yard those dogs would not get out. Mr. Edmonson commented that Mr. Matthews had assisted Animal Control and he thanked him for that. He said the Ordinance needed to be reviewed. Chained dogs could become vicious, they get tangled up and sometimes are left alone where they cannot get to their food and water. Mayor Lam said they would look into this. Item 12b Councilor Loughry asked about a collapsed city sewer on 1518 10th Street, behind Medical Surgical Clinic. Mr. Bonnet said he would look into that. 523 Item 12c There was no staff/council discussion. Item 12d Appointment to the Firefighters and Police Officers Civil Service Commission was postponed until next Council session. The City Council adjourned at 9: 15 P.M. PASSED AND APPROVED this day of , 1994. Michael Lam, Mayor ATTEST: Ay ' a Torres Cit Clerk ., �j�