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Min 11/21/1989 i 364 Wichita Falls, Texas Memorial Auditorium Building j November 21, 1989 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. Perry Goolsby Mayor David Farabee Michael Lam Angus Thompson Councilors Bill Palmer Ron Buffum Don Kirkham James Berzina City Manager Gregory Humbach City Attorney Wilma J. Thomas City Clerk The invocation was given by Councilor Thompson. Item 3 Moved by Councilor Thompson that minutes of the meeting held November 7, 1989, be approved. Motion seconded by Councilor Kirkham, and carried unanimously. Items 4a-6d Moved by Councilor Buffum that the consent agenda be approved. Motion seconded by Councilor Palmer. Item 4a ORDINANCE NO. 82-89 ORDINANCE MAKING AN APPROPRIATION FROM THE WATER AND SEWER FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 4b ORDINANCE NO. 83-89 ORDINANCE WAIVING THE PENALTY AND INTEREST PROVISIONS OF ORDINANCE 48-83 FOR DELINQUENT TAXES DUE TO CITY ON TAX ACCOUNT NUMBER 5900-000-6888 Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None 365 Item 5a RESOLUTION NO. 186-89 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF UTILITY EASEMENTS ON THE SEYMOUR HIGHWAY, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 6 Minutes of the meetings of the following boards and commissions were received. a. Zoning Board of Adjustment - October 18 , 1989 b. Kemp Public Library Planning Committee - November 2 , 1989 C. Water Resources Commission - November 3 , 1989 d. Commission on Disability - November 6 , 1989 Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 7a ORDINANCE NO. 84-89 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 Councilor Farabee that Ordinance No. 84-89 be passed. Motion seconded by Councilor Thompson. The public hearing was opened on hazardous structures. Jim Goins appeared for he and his sisters in regard to 1011 3rd, 304 Austin, 305 Austin, 309 Austin, 104 Duncan, 108 Duncan, and 113 Duncan, protesting that he and his sisters would like more time to clean up these properties. He explained that they inherited these properties from his father, who died on October 26, 1989. He noted that some of the properties are in the riverwalk area. Jim King, of Code Enforcement, explained that they have been working with Mr. Goins since 1985 . They have advised these property owners for the past four years concerning the condition of these properties. The tape which was shown was made on October 31 , 1989. Mr. Goins stated there was a court suit in 1980 over the junk, which his father won. He stated that he felt there should be demolition, but he did not want the City to do it because he thought he could do it cheaper. He had no specific date in mind on how long it would take him to accomplish the clean-up. He also stated that he plans to clear the lots on Duncan Street. A neighbor to the West has expressed an interest in these lots. i 366 Item 7a Cont 'd Further discussion continued on the condition of these properties, noting that people live adjacent to them. Drug usage was also mentioned as a concern. Mr. McKinney noted that taxes are only $12. 00 per year on these properties. Councilor Thompson noted that these properties were just as bad when he was a freshman in college as they are now. Mr. Goins noted that he had a back injury, and is semi- retired. Mayor Goolsby expressed concern that Mr. Goins could do this work himself. Mr. Berzina explained that businesses have never been given free landfill usage; only residents which live on the property are provided free service. Mrs. Hoseid, 210 Austin Street, protested the stench, rats, and debris on these properties nearby, and requested that it be cleaned up. She has lived there twenty years. Winos and homeless have also lived in these properties. Councilor Buffum emphasized that they will address and solve this problem, and action will be taken on it. Councilor Thompson thanked Mrs. Hoseid for calling him about this when he first came on the Council. Glenda Goins Givens expressed an interest in trying to salvage what they could. Mrs. Auchmoody, 2307 Holley Drive, protested that she needed 30 days before it is demolished, stating the property is involved in a law case. Mr. King noted they will work with property owners if they apply for a demolition permit. Lotus Cantrell, 716 Ross, protested that she plans to re-do the back storage structure. Most of the house has been hauled off. It was noted that she has until December 28, 1989, on the demolition permit. Johnny L. Reeder, 2001 Lucille, protested that he is in the process of re-roofing the main house. Mr. King noted that the permit has expired. It will have to be renewed. J. W. Butler, 1309 Kenley, protested that he is in the process of demolishing the building. Mr. King noted this was brought to the Council in December 1988 . To the best of their knowledge, there have been no repairs on it in that length of time. Councilor Lam noted that Mr. Butler needs to get a permit. Mayme Bazy, 717 Juarez, protested that she would like to have the house repaired, and is waiting for an estimate, but if it is not feasible, she is willing to abide by whatever is necessary. The public hearing was closed. Councilor Lam stated that he sees no reason from the presentations to remove any property from the ordinance. He believes we have been patient, and it is time to move on this. Councilor Buffum agreed, stating if property owners are willing to work with the City, the City will also work with them. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None 367 The City Council recessed at 10 : 00 A.M. , and reconvened at 10 : 10 A.M. Item 8a ORDINANCE NO. 85-89 AN ORDINANCE AMENDING SECTIONS 3 , 7e( 3 ) & 7h, APPENDIX A, CODE OF ORDINANCES, CITY OF WICHITA FALLS, TEXAS (COMPREHENSIVE SUBDIVISION ORDINANCE 2118, AS AMENDED) TO DEFINE AND PROVIDE FOR MINOR PLATS Moved by Councilor Kirkham that Ordinance No. 85-89 be passed. Councilor Buffum noted this will streamline minor platting procedures. Motion seconded by Councilor Palmer, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Palmer, Buffum, and Kirkham Nays: None (Councilor Thompson was absent from the Council table. ) Item 8b A proposed ordinance was presented providing for recovery of expenses of the City of Wichita Falls, Texas, incurred in emergency actions in response to releases or threatened release of hazardous material into or upon the environment; amending the Code of Ordinances of the City of Wichita Falls, Texas, by adding sections to be Numbered 10-11 through 10-14, inclusive. A motion was made by Councilor Palmer, and seconded by Councilor Lam, for its passage. Fire Chief James addressed the Council concerning the need for this ordinance. Councilor Palmer and Councilor Buffum asked several questions about this new proposed policy. Chief James explained that since this is not normal operations for a Fire Department, then that manufacturer, shipper or spiller should have to pay these costs, and not the taxpayers of Wichita Falls. He noted that certain material has been purchased through the budget process for the safety of our citizens. If this material is lost or damaged due to a spill, or contaminated, and must be replaced, it should be done at the cost of the person responsible for that spill. Mr. Humbach addressed negligence, and the responsibility of the transporter or at fixed facilities to pay for any w, damage from a hazardous spill. He did not recommend establishing a standard of negligence in the ordinance. Further discussion followed along the lines of taxpaying citizens having to pay extra for putting out fires, and defining hazardous material. Mr. Humbach suggested adding the phrase "beyond normal and usual fire protection services" to Section 10-13 , for clarification. Moved by Councilor Palmer that the proposed ordinance be amended to include the wording as stated. Motion seconded by Councilor Buffum. i 368 Item 8b Cont'd Councilor Kirkham believed this is the cost of doing business. He is concerned that this ordinance does not protect the citizens. Mr. Humbach stated we cannot exclude residents because it would be in violation of the interstate commerce clause, and would invalidate the whole ordinance. The motion for the amendment carried unanimously. The question was called on the main motion, as amended, and carried unanimously. The motion, as amended, failed by the following vote. Ayes: Councilors Thompson and Palmer Nays: Mayor Goolsby, Councilors Farabee, Lam, Buffum, and Kirkham Item 8c ORDINANCE NO. 86-89 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A PORTION OF A TWENTY FOOT WIDE ALLEY IN BLOCK 32 , BARWISE & JALONICK ADDITION, WICHITA FALLS, TEXAS, AND RETAINING A UTILITY EASEMENT Moved by Councilor Thompson that Ordinance No. 86-89 be passed. Motion seconded by Councilor Buffum, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 9a RESOLUTION NO. 187-89 A RESOLUTION APPROVING AGREEMENT WITH THE WICHITA VALLEY WATER SUPPLY CORPORATION CONCERNING ITS APPLICATION WITH THE TEXAS WATER COMMISSION TO EXTEND ITS CERTIFICATE OF CONVENIENCE AND NECESSITY Moved by Councilor Kirkham that Resolution No. 187-89 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 9b RESOLUTION NO. 188-89 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH SOUTHWESTERN TELECOM, INC. FOR MAINTENANCE AND SERVICE OF THE CITY'S TELEPHONE SYSTEM 369 Item 9b Cont'd Moved by Councilor Palmer that Resolution No. 188-89 be passed. Motion seconded by Councilor Lam, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 9c RESOLUTION NO. 189-89 RESOLUTION TO EXTEND LICENSE FOR EXPLORATION AND PRODUCTION OF METHANE GAS AT OLD LANDFILL Moved by Councilor Lam that Resolution No. 189-89 be passed. Motion seconded by Councilor Palmer. Councilor Buffum commented that the request to indemnify Clark Energy, Inc. , against claims of all royalty owners other than the City is unusual. Mr. Berzina explained there is a difference of opinion on whether the product is pulled out of the ground, or from the garbage which was deposited there by the City, as to whether it would apply. Mr. Bonnett stated that he believes there has been production on a test only, but that no economic benefit has taken place yet. Mr. Humbach explained they are not recommending a hold harmless agreement in this matter. Councilor Buffum stated that he was uncomfortable with indemnifying Mr. Clark. Councilor Thompson noted that he understands that methane gas comes from decomposition, and not from the ground. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 9d RESOLUTION NO. 190-89 RESOLUTION ACCEPTING WORK PERFORMED BY TEXAS UTILITY ELECTRIC COMPANY FOR THE RELOCATION OF TRANSMISSION FACILITIES TO FACILITATE THE HOLLIDAY CREEK CONSTRUCTION BETWEEN EASTSIDE DRIVE AND SOUTHWEST PARKWAY Moved by Councilor Lam that Resolution No. 190-89 be passed. Motion seconded by Councilor Buffum, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None 370 Item 10a RESOLUTION NO. 191-89 RESOLUTION TO AWARD BID FOR JANITORIAL SERVICES AT CYPRESS AND JASPER STREET WATER TREATMENT PLANTS Moved by Councilor Palmer that Resolution No. 191-89 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Item 10b RESOLUTION NO. 192-89 RESOLUTION TO AWARD BID TO CORROSION ELIMINATOR, INC. FOR PAINTING OF ELEVATED AND GROUND WATER STORAGE TANKS AND MISCELLANEOUS OTHER FACILITIES Moved by Councilor Lam that Resolution No. 192-89 be passed. Motion seconded by Councilor Kirkham. Mr. Bonnett explained that the low bid of $173 ,444 from this same bidder was rejected last time because of a flaw in the bid process. Mayor Goolsby noted this is the second time this year when the low bidder has raised his bid. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Farabee, Lam, Thompson, Palmer, Buffum, and Kirkham Nays: None Councilor Kirkham commented on the success of the bid fair, stating that anyone who makes a mistake on a bid from now on, it is their own fault. Item lla Discussion was held on the Rathgeber/Windthorst Road water extension issue. Shirley Smith asked for the Council' s help in this matter. Mayor Goolsby expressed concern that when an area is annexed the cost of service is greater than the average citizen can afford. Councilor Palmer expressed that he gets the feeling we are comparing apples and oranges. This ordinance was designed to encourage contiguous areas within the city limits, and has nothing to do with newly annexed areas. He feels we should come up with another ordinance just for newly annexed areas. Various council members expressed their concerns that everyone should pay, and discussed various methods of payment. Discussion was held on a lien and interest rate, assessment method, and running the line, and not let anyone tie on until they pay their share of the cost. After a lengthy discussion, 371 Item 11a Cont'd the Council instructed the staff to proceed with installation of the water line, and charge each property owner for tying on. Mr. Bonnett explained that they will come back with an engineering contract, and an ordinance appropriating equity. The Council also instructed them to work on a separate ordinance for newly annexed areas. Mr. McKinney explained that they need to look at an annual annexation procedure before areas are developed. No concerns were expressed under Item llb. Item llc Councilor Thompson asked about the Maurine Street/Red Fox exit, and Mr. Bonnett explained that the study is complete, and it will be available at the next meeting. Councilor Thompson also mentioned job training to prepare young men and women for the River Road property construction. He requested information at the next meeting on how this can be put together. Councilor Thompson commented that at the prison hearings in Austin, Wichita Falls learned a lesson on economic development being brought to other cities. He would like for us to have a copy of that tape to show how other cities are competing for economic development, noting we need a sales tax for this. Mayor Goolsby noted that council meetings will be held as usual in December. Item lld Mr. Berzina mentioned that the Library Planning Committee has asked for an inventory of possible library sites, if one is proposed. All proposals should be turned in to the office of the Assistant City manager. Mr. Berzina also mentioned a one-half cent sales tax for economic development. He stated it is not a proposal, yet, but is getting information on it. He suggested the Council make a decision at some point where we go from here. He also suggested that this body regulate control over it. Mayor Goolsby recommended that the Council consider it for making a decision at the first meeting in January. Item 11e The City Council recessed into executive session at 12: 03 P.M. , according to Article 6252-17, Section 2 , Paragraphs (e) and (g) of the Revised Civil Statutes. The meeting reconvened at 1 : 06 P.M. Item llf Moved by Councilor Lam that Don Kirkham be appointed to the Board of Managers, Nortex 9-1-1 Communications District. Motion seconded by Councilor Buffum, and carried unanimously. 372 Item 11g Moved by Councilor Thompson that Linda Jane McCown be appointed as Alternate 4 to the Zoning Board of Adjustments. Motion seconded by Councilor Buffum, and carried unanimously. The City Council adjourned at 1 : 10 P.M. PASSED AND APPROVED this the � day of 1989 . Perry oolsby, M yor ATTEST: Wilma J. Thomas, CMC/AAE City Clerk wrw,�u