Loading...
Min 01/15/1991 604 Wichita Falls, Texas Memorial Auditorium Building January 15, 1991 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 Charles Thomas - Angus Thompson - Paul Hughes - Councilors J. W. Martin - Don Kirkham - James Berzina City Manager Gregory Humbach City Attorney Wilma J. Thomas City Clerk David Farabee - Absent The invocation was given by Bill Sharon, First Seventh Day Baptist Church. Item 3 Bobby Gonzales, Police Department, was honored as Employee of the Month for January. Mayor Lam presented him with a plaque, City of Wichita Falls pin, and tickets to a dinner and theatre. Mayor Lam presented a proclamation for Crimestoppers Week to Melvin Joyner, Police Department. Item 4 Moved by Councilor Kirkham that minutes of the meeting held December 18, 1990, be approved. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Thomas, Hughes, Martin, and Kirkham Nays: None (Councilor Thompson was absent from the council table. ) Items 5a - 7d Items 5b and 5d were moved to the regular agenda. Moved by Councilor Thomas that the consent agenda be approved. 605 Items 5a - 7d cont'd. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item 5a RESOLUTION NO. 1-91 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE-YEAR LEASE EXTENSION WITH ATLANTIC SOUTHEAST AIRLINES AND METRO FLIGHT, INC. ; FINDING AND DETERMINING THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 5c RESOLUTION NO. 2-91 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF UTILITY EASEMENTS IN SUNNYSIDE HEIGHTS ADDITION, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION Item 6a RESOLUTION NO. 3-91 RESOLUTION APPROVING CHANGE ORDER NO. 1 , ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR THE LANDFILL SOIL LINER VII PROJECT Item 7 Minutes of the meetings of the following boards and commissions were received. a. Planning and Zoning commission - December 12 , 1990 b. Board of Electrical Examiners - December 13 , 1990 c. Zoning Board of Adjustment - December 19, 1990 d. Commission on Disabilities - December 7, 1990 Item 5b RESOLUTION NO. 4-91 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE NORTH CENTRAL TEXAS OFFICIALS ASSOCIATION TO PROVIDE OFFICIATING SERVICES FOR THE PERIOD BEGINNING MARCH 1 , 1991 THROUGH FEBRUARY 28 , 1992 Moved by Councilor Martin that Resolution No. 4-91 be passed. Motion seconded by Councilor Hughes. Councilor Kirkham did not discuss nor vote on this matter. 606 Item 5b cont'd. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Thomas, Thompson, Hughes, and Martin Nays: None Item 5d RESOLUTION NO. 5-91 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACT WITH CANNON UNIFORMS FOR THE PURCHASE OF POLICE UNIFORM CLOTHING Moved by Councilor Thompson that Resolution No. 5-91 be passed. Motion seconded by Councilor Hughes. Alteration and fitting of uniforms was discussed. Chief Harrelson explained that they will come here twice a month and measure the officers. They state that within seven days they will have the uniform back here. This is strictly a uniform company. Uniforms will be available to officers when needed. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item 8a ORDINANCE NO. 1-91 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 Thompson that Ordinance No. 1-91 be passed. Motion seconded by Councilor Hughes. Jim King presented the annual Code Enforcement public hearing on hazardous structures, stating it is a result of several years work. Notices were sent to property owners on structures that do not meet minimum requirements. No action has been taken to correct these violations. Elizabeth Ann Jones appeared for Mrs. Katie Simmons for property at 609 Edison. Mr. King explained that he would discuss this property with Mrs. Simmons if she would contact him in the Code Enforcement office. Gerald Miller, 514 Olen Road, stated that he wanted to repair this structure so he could either rent or sell it, but it would probably be June before he could begin work on it. Mayor Lam instructed him to contact Jim King in his office. 607 Item 8a cont'd. Art Litteken, Jr. , 303 Lamar, requested an extension of six months to demolish it. Jim King instructed him to secure a demolition permit from the Inspection Department. Frances Griffen, 119 Tulsa, requested an additional six months to repair the property. Mr. King suggested she meet with Building Inspection to secure a permit. Mr. DeHoyos, 1304 Britain, appeared for his mother, stating he wants to repair it to live in. Mayor Lam suggested he meet with Code Enforcement, and secure permits. Gene Buchanan, 1013 Woods Street, stated he would like to repair it. Mr. King noted that they had met with Mr. Buchanan, but it would almost require a new construction to meet minimum code. Mayor Lam advised him to consider the cost before he goes into it. Mr. King advised he would be glad to meet with him again to go over plans. Larry Rice, 1412 26th and 1308 26th, requested additional time to repair these structures. Mayor Lam instructed him to find out what needs to be done, and get permits. Reza Vafaiyan, 3000 Cumberland, stated he has had a problem with Code Enforcement for six years. He stated he has Power of Attorney for the owner, and has tried to get a permit. Mr. King noted that the Power of Attorney was not a legal instrument. A lengthy discussion followed. He accused the staff of picking on him. The City Council recessed at 10 : 05 , and reconvened at 10: 20 . At this time Mayor Lam asked Mr. Vafaiyan where the owner is, stating they need to talk to him. Mr. Vafaiyan stated he is out of town. He only has a post office box. He stated a deed was drawn up by the owner, and filed in the Court House. (Mr. Vafaiyan previously owned this property. ) He stated that he is expecting a new Power of Attorney this week. He has spoken to the owner in Chicago and Atlanta. Mayor Lam and Mr. Berzina asked for staff response. Mr. McKinney explained they have had complaints about this property for many years. A contracted deed was mentioned. Mr. Nadizadeh has not responded. Mr. King explained that documentation goes back to May 1988, with no response from the owner. Numerous registered letters have been sent. They were Signed for by Reza, and still no action. He has all envelopes which have been returned. He explained it is a hazardous condition and has nothing to do with the owner. They have extended the time in this case. Sam Paschal noted substantial problems with this property from foundation to roof. He spoke with Mr. Vafaiyan over the phone and he said he had a Power of Attorney, but he and Mr. Finely were refused a copy for review. They felt it would be inappropriate to deal with someone who claims to be representative of the owner, until they had substantiation of the Power of Attorney, or legal owner. Mr. McKinney pointed out, from a previous comment, that the owner was not put in jail because of weeds. The reason for any citations on Mr. Nadizadeh was failure to appear in court. 608 Item 8a cont 'd Mr. Paschal noted that there are other substantial problems that have come about as a result of vandalism because of action which has not been taken. The only thing done of substantial repair is the electrical system. A licensed electrician took out the permit. Mr. Berzina asked Mr. Vafaiyan if he has any problem doing the work if they give him a list of what needs to be done, and he stated that he didn' t. Councilor Hughes asked if there was any reason why he would not give them a copy of the Power of Attorney? Mr. Vafaiyan replied there was a question in his mind why they wanted a copy of it. He stated that his attorney advised him that the Power of Attorney was out of date. Mayor Lam, noted that no further action will be taken until he presents an updated Power of Attorney, and a list of what needs to be done is prepared. Councilor Martin emphasized that he does not believe the staff is guilty of trying to pick on anyone. He sees no reason why this permit will not be issued if they receive proper information. Councilor Thompson believed this whole thing to be a misunderstanding. Mickey Uriniak, 1419 25th, presented a petition of residents in protest of the property at this location, spreading in favor of demolition. Mayor Lam noted that the recommendations of the staff will be followed after 30 days from today. The staff will work with those who appeared today. The motion for passage of the ordinance carried by the following vote. Ayes: Mayor Lam, Councilors Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item 9a ORDINANCE NO. 2-91 ORDINANCE ESTABLISHING A RECORDS MANAGEMENT PROGRAM FOR THE CITY OF WICHITA FALLS, IN COMPLIANCE WITH THE TEXAS LOCAL GOVERNMENT RECORDS ACT (TITLE 6, SUBTITLE C, LOCAL GOVERNMENT CODE) Moved by Councilor Kirkham that Ordinance No. 2-91 be passed. Motion seconded by Councilor Hughes. Mayor Lam and Councilor Martin commended the City Clerk and staff for bringing this ordinance forward. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None 609 Item 9b ORDINANCE NO. 3-91 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) ( 2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON EAST SCOTT STREET, LOT 2-A, BLOCK 20, JOSEPH A. KEMP ADDITION Moved by Councilor Thompson that Ordinance No. 3-91 be passed. Motions seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item 9c ORDINANCE NO. 4-91 AN ORDINANCE CORRECTING THE SPELLING OF "NORRISS ROAD" , WICHITA FALLS, TEXAS Moved by Councilor Thomas that Ordinance No. 4-91 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item 9d ORDINANCE NO. 5-91 AN ORDINANCE REZONING LOTS 1-3 , BLOCK 1, BENT TREE ESTATES, SECTION 1 , WICHITA FALLS, TEXAS FROM SINGLE-FAMILY RESIDENTIAL (SF-2) TO MULTI-FAMILY RESIDENTIAL (MFR) ZONE (REZONING R-90-10 ) Moved by Councilor Martin that Ordinance 5-91 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item 9e ORDINANCE NO. 6-91 ORDINANCE WAIVING SECTION 27-29 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ALONG THE SOUTH LINE OF LOT 1-B, BLOCK 92, ORIGINAL TOWNSITE 610 Item 9e cont 'd. Moved by Councilor Thomas that Ordinance No. 6-91 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item 10a RESOLUTIONS NO. 6-91 RESOLUTION AUTHORIZING THE CITY MANAGER TO REQUEST PROPOSALS FOR THE OPERATION OF THE FARMERS MARKET Moved by Councilor Martin that Resolution No. 6-91 be passed. Motion seconded by Councilor Kirkham. Councilor Thomas inquired if maintenance would be included in the bid proposal. Mr. Berzina stated that normal daily maintenance would be part of the proposal but if it is something major the City would be involved. Request for proposals may be obtained from the City Manager ' s office. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Thomas, Thompson, Hughes, Martin and Kirkham Nays: None Item 10b RESOLUTION NO. 7-91 RESOLUTION INCREASING FEES FOR CEMETERY SPACES AND SERVICES Moved by Councilor Martin that Resolution No. 7-91 be passed. Motion seconded by Councilor Hughes. Mr. Murphy explained that the reason for the increase is to achieve self support at some point in the distant future. Mr. Berzina explained that the monies received from the sale of lots would go into the perpetual care fund. Bob Hampton commended Mr. Murphy and staff for the work done in all cemeteries, stating the prices are reasonable. Councilor Kirkham stated that he does not agree with these price increases at this time with people out of work. He would prefer a lesser percentage increase. Councilor Thomas suggested that lot financing and stacking graves be studied further. Councilor Kirkham mentioned marketing techniques. 611 Item 10b cont'd. Councilor Martin proposed that we give consideration for free burial plots for any local men and women who might be killed in war in the Persian Gulf. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Thompson, Hughes, and Martin Nays: Councilors Thomas and Kirkham Item 10c ` RESOLUTION NO. 8-91 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXERCISE OPTION AND APPROVE FIRST AMENDMENT TO CONTRACT FOR CATERING SERVICES AT THE WICHITA FALLS ACTIVITIES CENTER Moved by Councilor Thompson that Resolution No. 8-91 be passed. Motion seconded by councilor Hughes. Following discussion on the need for portable concessions, the motion carried by the following vote. Ayes: Mayor Lam, Councilors Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item 10d RESOLUTION NO. 9-91 RESOLUTION TO APPROVE SIXTH AMENDMENT TO WATER PURCHASE CONTRACT WITH WINDTHORST WATER SUPPLY CORPORATION. Moved by Councilor Kirkham that REsolution No. 9-91 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item lla RESOLUTION NO. 10-91 RESOLUTION APPROVING THE AWARD OF BID AND A CONTRACT FOR THE CDBG RENOVATIONS TO THE RED DOOR SENIOR CITIZEN CENTER PROJECT Moved by Councilor Hughes that Resolution No. 10-91 be passed. 612 Item lla cont'd. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Thomas, Thompson, Hughes, Martin, and Kirkham Nays: None Item 12a Councilor Hughes noted that they have received five additional proposals to market the Sears Building. If the Council has any additional information or input, he would like to know prior to the next council meeting. He expressed appreciation to Louise Houseworth for her work on this. Item 12b Larry Rice, 4908 George, discussed an idea he had to get citizens interest and input in an informal and unofficial setting. Mayor Lam explained some of the things the council is prepared to do to increase participation, such as CATV and Neighborhood Meetings. Frankye Durkee, 1010 Harding, expressed concern about development in her neighborhood. She requested sanding on Harding Street during icy conditions before other streets are re-sanded. Mr. Berzina noted they will review the process, and if there is a problem they will change it. Item 12c Councilor Thompson noted the birthday of Martin Luther King this week, encouraging recommitment to affirmative action and a drug-free community. Councilor Kirkham encouraged persons in District 5 of the Wichita Falls Independent School District to apply for the vacant position on the School Board, by contacting Dr. Carnine. Councilor Martin expresser appreciation to the Street Department for their work during the ice storms. He noted that he also lives on a street which received no sanding. He also commended Police Chief Harrelson for the fine job he is doing. Fire Chief Ronnie James was also commended for that department' s training. Chief James explained that the fire inspections at the mall were timed for the Christmas season because more fire hazards exist during this time, and the people load is greater. Re-inspections, however, should not have been handled at this time. Councilor Thomas expressed hope that everything works out well for the country. 613 Item 12c cont'd. Mayor Lam inquired about the Furstenfeldbruck signs that Rotary desires to install. Mr. Parker stated they are waiting for that City to give its stamp of approval. Nothing was presented under Item 12d. Item 12e The City Council recessed into executive session at 12: 05 p.m. , according to article 6252-17, Sections 2(q) and °° (e) , VACS. The meeting reconvened at 2: 15 p.m. , with Mayor Lam and Councilors Thomas, Hughes, Martin, and Kirkham in attendance. Item 12f Moved by Councilor Kirkham that Don James, James T. Montgomery, Pati Haworth, and Miller Harwell be appointed to the Community Relations Committee, with James T. Montgomery as Chairman. Motion seconded by Councilor Thomas, and carried unanimously. Item 12g Moved by Councilor Kirkham that Ralph Harvey, Charles Harper, Noros Martin, Gaye Jo True, and Warren Silver (Chairman) , be appointed to the Local Government Relations Committee. Motion seconded by Councilor Thomas, and carried unanimously. Item 12h Moved by Councilor Kirkham that Benny Daniel be appointed to the Landmark Commission, for a term to expire December 31 , 1992. Motion seconded by Councilor Thomas, and carried , unanimously. Item 12i Moved by Councilor Kirkham that Donna Adams and Sharon " Roach be appointed to the Park Board for terms to expire December 31, 1993 . Motion seconded by Councilor Hughes, and carried unanimously. Mayor Lam noted that J. W. Martin would serve as Council Liaison to the Local Government Relations Committee, and Charles Thomas would serve as Council Liaison to the Community Relations Committee. 614 The meeting adjourned at 2: 20 o'clock p.m. PASSED AND APPROVED this the 5-ft.�day ofk , 1991. Michael Lam, Mayor ATTEST: r Wilma J. Thomas, CMC/AAE City Clerk