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Min 01/21/1992 854 Wichita Falls, Texas Memorial Auditorium Building January 21, 1992 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 David Farabee - Terrance E. Loughry - Angus Thompson - Councilors Paul Hughes - J. W. Martin - James Berzina - City Manager Gregory Humbach - City Attorney Wilma J. Thomas - City Clerk Don Kirkham - (Absent) The invocation was given by Merle L. Houska, Gilbert Memorial CME Church. Mayor Lam presented a proclamation on American Heart Month to Charles Harper and Kathryn McKinney. Item 3 Moved by Councilor Thompson that minutes of the meetings held January 7 and January 13 , 1992 , be approved. Motion seconded by Councilor Farabee, and carried unanimously. I Item 4a - 5b Moved by Councilor Farabee that the consent agenda be approved. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, and Martin. Nays: None i Item 4a RESOLUTION NO. 10-92 RESOLUTION TO APPROVE ALLEY ENCROACHMENT FOR INSTALLATION OF SEWAGE GRINDING SYSTEM BY WICHITA COUNTY i 855 Item 4b RESOLUTION NO. 11-92 RESOLUTION TO APPROVE U.S. GEOLOGICAL SURVEY FOR OPERATION AND MAINTENANCE OF STREAM FLOW AND RESERVOIR-CONTENT GAUGING STATIONS Item 5 Minutes of the meetings of the following boards and commissions were received. a. Traffic Safety Commission - November 6 , 1991 b. Park Board - November 21, 1991 Item 6a The public hearing was opened on hazardous structures. Ray Barnes, 300 Burnett, protested that he cannot repair it until such time as he is able to rent it. The Council gave him six months to clean out the interior which was totally destroyed by fire. Aft Doris and Guy Mathews, 1314 North Fourth, protested the condition of 1320 North Fourth. Bob and Judy Downing of Fort Worth, protested that they acquired the property at 1806 loth on December 23 , 1991 , in the estate of J.L. Downing. The Council granted them 60 to 90 days to get a building permit, and begin work on the property. Buddy Henderson, 1901 9th, protested that he does not have a renter or purchaser, and does not have the money. The Council gave him six months to clean and repair it. W. K. Wright, 2809 Hollywood, stated that he does not have money to repair it. Jim King noted that CDBG funds can be used to demolish this property. Mayor Lam suggested that he take advantage of this funding for demolition. He stated that he would. Theo Thompson, 813 Reynolds, stated that the storage building belongs to a church. Mayor Lam explained he would need a permit to repair it. The Council gave him 60 days to either repair or demolish it. The public hearing was closed. ORDINANCE NO. 4-92 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 Hughes that Ordinance No. 4-92 be passed, subject to modification and agreements made in the public hearing. Motion seconded by Councilor Thompson, and carried by the following vote. 856 Item 6a, cont'd. II T Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes , and Martin Nays: None Item 7a RESOLUTION NO. 12-92 i RESOLUTION APPROVING REFUND OF OVER-PAYMENT OF PROPERTY TAXES ON THE ATTACHED LIST OF ACCOUNTS Moved by Councilor Hughes that Resolution No. 12-92 be passed. Motion seconded by Councilor Farabee, and carried by the following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, Hughes, and Martin Nays: None Item 8a RESOLUTION NO. 13-92 RESOLUTION TO ACCEPT THE 1990-1991 MILL AND OVERLAY PROJECT AND AUTHORIZE FINAL PAYMENT TO ZACK BURKETT COMPANY Moved by Councilor Hughes that Resolution No. 13-92 be passed. Motion seconded by Councilor Farabee. Councilor Martin asked if Midwestern Parkway near the Country Club was involved in this project, and Bill Parker stated that it is. He explained that the more they work on it the worse it gets. The street needs reconstruction, and they did not realize how bad it was until they started working on it. The base material was in very poor condition. Councilor Hughes noted that right now it is as smooth as it has been for a long time. The motion carried by he following vote. Ayes: Mayor Lam, Councilors Farabee, Loughry, Thompson, and Hughes Nays: Councilor Martin The City Council recessed at 9: 30 a.m. , and reconvened at 9: 45 a.m. Item 9a Discussion was held on any proposed changes to the public transit system. Mr. Berzina noted that two public hearings had been held to comply with the American Disabilities Act. 857 Item 9a, cont'd. Robert Parker explained that a comments meeting was held on December 27. As a result of this meeting a demand/response deviation system two blocks each side of the designated route was recommended for the handicapped. No current services were eliminated, and there were no rate changes. They request on the subscription service that the handicapped call in 24 hours in advance until they find out how many riders they will have. They plan to expand the routes to one hour instead of 45 minutes. They will pick up anyone standing at the bus stop to be picked up. Councilor Thompson inquired about those who live more than , two blocks off the route, and Mr. Parker explained that they will have to come within two blocks to be picked up. He noted that different agencies have available transportation for the handicapped. He explained that the plan is subject to modification, and will be under continuous review. The City will continue with the services as noted. Item 9b Discussion was held for improvements to the Lions Club County Fair. Bill Dye appeared as a representative of the Wichita County Lions Club. He presented a history of the fair for the past 15 years, stating they have been at the Activities Center for 12 years. He noted attendance, stating they are a non-profit organization which contributes to community activities. They have not asked for donations from the merchants, nor a reduction in any fees for services provided. There has been no more than one night in which the fair was shut down because they could no longer control it. He suggested a temporary fence be erected around the area. Councilor Martin noted his involvement in the fair from the beginning, stating sufficient manpower is a necessity. The Activities Center is not the place to hold the fair, but it is the only available place in town. He noted that the Midway is the problem. The police have to control off-street parking. He also noted the boundaries of the proposed fenced area. It would have emergency entrances and exits. They would be maintained at all times during the time the fair is open. It would control people coming in, and eliminate some police security costs. A bid of $2500 was received from out of town for a temporary fence. He noted that the Lions Club has contributed more than a quarter million dollars to this community. Hopefully down the line we can have adequate grounds for an expanded county fair. Mr. Dye explained that they plan to collect a minimum of $1. 00 to come through the fence. He did not believe it would be enough to pay for the fence. Mr. Humbach stated this would fall under the hotel/motel statute. Councilor Thompson suggested a fence with a metal detector. Mayor Lam noted the fence charge would be ongoing each year. He also suggested that we make a one year commitment to take these funds out of hotel/motel funds. If we get more participation we may look at some type of sharing program next year. Councilor Hughes noted that this would allow us to see the difference in the cost of security, etc. The Staff was directed to proceed on this basis. 8 58- Item 9c Guy Mathews again brought dog problems on the North side to the Council. Mayor Lam referred to the policies explained by Mr. Edmondson two weeks ago, stating they cannot do anything different than what is being done. They cannot operate the service different for him than anyone else. Mrs. Giola Ozuna stated she did not believe anyone should propose anything to this Council unless they have a solution or a portion of a solution. She also mentioned gang wars in her area. Daniel Sauceda, President of Ben Donnell Residents Council, noted some problems with the Ben Donnell Management. Mr. Berzina noted that the Housing Authority has its own board, and they are responsible to HUD. The City can assist with numbers, locations, and contacts. They can write a letter to Mr. Irwin and see if they can find some answers. Item 9d Councilor Thompson expressed concern about the old motel on Scott Street, and asked if we are making any progress on it. Mr. Berzina explained that we have not been doing commercial locations with CDBG funds . Also, because of the sheer size of it we would not have any money left to do anything else. The demolition cost is worth more than the size of the property. It comes down to a precedent, and where they are going to spend the money. They cannot get any assurances from the owner that they will do anything about it. The property is in bankruptcy. It would cost in excess of $50, 000 for demolition, and the property is nowhere near the value of this. There is no expectation of the City recovering any of this money. Councilor Thompson felt the pool should be filled in. Mr. Berzina emphasized that we are not budgeted to take on commercial properties. They have only been doing residential properties. Councilor Thompson addressed enterprise zones. Mr. Berzina explained that until you have someone step forward and say they want to locate there, we cannot do much about it. If they do, we can go over the menu with them. No one has said they want to locate in an enterprise zone. Mr. Berzina noted that they will work with the BCI and the Planning Department to see what kind of brochure can be put together. Councilor Thompson suggested the Mexican American Chamber of Commerce also be involved. Mr. McKinney stated that the Texas Department of Commerce has our enterprise zone on file. Councilor Martin commented on the need for a curfew, but until we can have one which is enforceable, our hands are pretty well tied. Item 9e Mr. Berzina handed out a report on a drainage project on Thompson Road. 859 Item 9f The City Council recessed into executive session at 10: 48 o'clock a.m. , according to Article 6252-17 , Section 2(e) , VACS. The meeting reconvened at 11 : 13 a.m. , and immediately adjourned. 44 PASSED AND APPROVED this �'-���% day of eZdz , 1992. Michael Lam, Mayor ATTEST: J i1 Wilma J. Thomas, CMC/AAE City Clerk