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Min 08/21/1984 501 Wichita Falls, Texas Memorial Auditorium Building August 21 , 1984 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. Gary D. Cook Mayor Thomas E. Swift Charles Thomas Charles Harper Councilmen Craig A. Wilson Bill Palmer James A. Welburn ti James Berzina City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred L. Werner Chief Accounting Officer The invocation was given by John Ward, First Community Church. Item 3 Moved by Councilman Wilson that minutes of the meeting held August 7, 1984, be approved. Motion seconded by Councilman Thomas, and carried unanimously. Items 4a - 8c Moved by Councilman Thomas that the consent agenda be approved. Motion seconded by Councilman Palmer. Item 4a i Bob Morath, an employee of the Inspection Department, was honored as Employee of the Month for August. Mayor Cook presented him with a plaque and two tickets each to a theatre and dinner. Item 5a k P ORDINANCE NO. 94-84 AN ORDINANCE CLOSING, VACATING, AND ABANDONING AN EASEMENT AND A PORTION OF AN ALLEY IN LOT 8, BLOCK 85, FAITH VILLAGE SUBDIVISION, UNIT 3, WICHITA FALLS, TEXAS Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 5b ORDINANCE NO. 95-84 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A PORTION OF A FIFTEEN (15) FOOT WIDE, NORTH-SOUTH UTILITY EASEMENT IN LOT 17A, BLOCK 3, MIDWESTERN PARK SUBDIVISION, UNIT 1 , WICHITA FALLS, TEXAS Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None 502 Item 6a RESOLUTION NO. 152-84 RESOLUTION ACCEPTING BID OF GILBREATH-CALHOUN CO. FOR CONSTRUCTION OF A MEDICAL GAS STORAGE FACILITY AT THE HEALTH DEPARTMENT. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 7a Authority was granted to advertise for bids for the 1983-84 Community Develop- ment Block Grant Utilities Replacement Contract. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 7b Authority was granted to advertise for bids on the 1984 Overlay Program Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays : None Item 8a - c Minutes of the meeting of the Kemp Public Library Advisory Board held May 21 , 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Minutes of the meeting of the Board of Adjustments and Appeals held July 24, 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Palmer, and Welburn Nays: None Minutes of the meeting of the Planning Board held August 8, 1984, were received. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 9a A public hearing was opened on hazardous structures, commanding property owners to repair or demolish such buildings. Jack Jones appeared concerning the property at 400 Clift. He stated that nobody likes to be taxed and harassed, and this has happened three times. The first time it happened was when the Red River Expressway went through. Then he had an old home at 1919 7th Street, and he got a building permit and ripped out the old porch, and repaired it. He has since sold this property. Now they have filed on 400 and 402 Clift as structures being unsafe. He has since met with Charles Dosch, and he advised removing the roof and porch over one of the build- ings, and removing the shed in the back. He feels it is not right to destroy one of the buildings he uses for storage. He talked with Mike Gillespie, and worked out an agreement with him. He has since died. The report stated that no progress has been made since July, and this is not correct. He stated that he was refused information on who filed the complaints. He was using the property just for storage. Councilman Harper asked what he stores? Mr. Jones stated that the building contains tools, equipment, excess furniture, and lumber. He agreed that it would burn readily if it got on fire. 503 Item 9a, Cont'd. Glenda Newcomb, of Code Enforcement, stated that the structure at 400 Clift has been determined to be repairable. They are requesting that repairs be made within 30 days, or the City be allowed to demolish it. The structure does include tires, rubbish, junk, etc. which does constitute a fire hazard. Mr. Jones first got a notice three months ago. He stated that he has been broken into several times down there. Mayor Cook asked if he could make the repairs within 30 days? Mr. Jones stated that he would prefer to wait until it is cooler. Mayor Cook further noted that the City does not notify anyone when a person dies. Mrs. Newcomb stated that the dangerous structure ordinance does not allow securing the building to be in compliance with the ordinance. There is no mention of securing, although Joe Ryckoff permitted it. The ordinance requires repair or demolition. Ronald Barr, 1205 Warren, stated that this trailer house has been here since 1960. He is slowly rebuilding the trailer on the inside. He now uses it for storage. The outside will be the last thing he takes care of. Windows have been broken out for two months. Melvin McAda, Code Enforcement Officer, stated that the exterior is in very bad shape. Notification was mailed on July 16 to repair or demolish the mobile home. The lot in itself was very high in weeds from the house clear on over to the trailer itself. It is on a mowing contract right now to be mowed. As far as the interior, he did not enter the structure itself. It was locked. The exterior is in very bad shape. He could not verify who broke out the windows. Mayor Cook stated that the purpose of this ordinance is to allow him 30 days to complete the repairs, or the structure will be demolished. The Code Enforcement Department will be glad to work with him. Mr. Barr stated that he knows what he needs to do. It is a matter of money. Financially it will take 90 days to make the repairs. He can get the grass mowed. Mr. Barr further stated that there is a leaking water main, but he has not reported it. He admitted that he was notified about the grass and trailer last month. Hazel Neel appeared regarding the property at 1214 15th Street. She stated that she has been working on it trying to clean it up. She has most of the windows back in. Somebody broke in and dumped stuff out. Glenda Newcomb, of Code Enforcement, stated that 1212 and 1214 are shown as one on the tax record. The roof is in poor condition, and sagging. The exterior boards have openings in the walls. The roof is leaking, and the house is full of clothing. Most of the windows are boarded up. The sheetrock is pulling loose. The floors could not be examined because of the debris and trash. The structure did not have any gas supplied to it. The house does not meet the minimum housing code of electricity, plumbing, windows, screens, doors--the bare necessities for a healthy residence. She was notified on April 27 that she had 60 days to make the repairs. The pictures were made in June. Mrs. Neel stated that she has been staying in this house for quite a little while so she can work on the house. She has all the windows in the house except two in the back. She and her daughter live there. Mayor Cook stated that the Code Enforcement people will give her assis tance in telling her what she needs to do. There may be some assistance in some other areas. Councilman Harper stated that he hoped Inspection will work with these people this morning, if they show that they are trying to make progress. It was noted that they have already worked with them a long time. Council- man Thomas expressed a desire to review these files in 30 days. A woman later appeared regarding the property at 3504 Grant. It was explained that considerable repairs need to be made, and she was given 30 days to repair or demolish the structure. 504 Item 9a, Cont'd. ORDINANCE NO. 96-84 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 Councilman Harper that Ordinance No. 96-84 be passed. Planning Director Roger McKinney stated that if a concerted effort is being made to repair, the structures will not be demolished. They will work with the owners; however, if they do not make any progress , it will be demolished. Councilman Wilson asked if they tried to direct property owners, such as Mrs. Neel , to other areas of assistance? Mr. McKinney stated that he would look into the housing rehabilitation program for Community Development Block Grant funds, and the Section 8 rental assistance program to see if she could qualify for rental assistance. Mrs. Newcomb noted that Code Enforcement officers had to move Mrs. Neel out of 1505 Austin for these same conditions, or worse. She has moved from Austin Street to this place, and it has been maintained the same way. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 9b A public hearing was opened on dangerous structures, requiring demolition of same. ORDINANCE NO. 97-84 ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS; COMMANDING PROPERTY OWNERS TO DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY. Moved by Councilman Palmer that Ordinance No. 97-84 be passed. Motion seconded by Councilman Wilson. Barney Bahme appeared regarding the property at 2409 8th Street. He stated that he has cleaned the premises that were damaged by fire. He would like to sell it. Glenda Newcomb, Code Enforcement, stated that the structure was damaged by fire in February or March. He was notified on May 16, 1984 to repair or demolish the property. It has been in this condition since March. This structure was being used by MHMR. Mr. Bahme stated that he boarded the place up and cleaned it up. He had an estimate of $41 ,000 to repair the structure. There is nothing in the house. Mayor Cook noted that it may be worth more as a vacant lot than with a struc- ture. The building would be demolished in 30 days if he has not done so. They cannot justifiably remove this from the ordinance. Leonard Raney, 1013 Webster, appeared for his wife, Lee, who is Mrs. Clanton's daughter. Mrs. Clanton is deceased. He stated that he has worked on this property for several weeks, for three or four hours a day. He received notice on August 8. Glenda Newcomb stated that the owner was originally notified on January 12, 1982, and was given 60 days to repair it. Notification was again given on March 27, 1984. She stated that the sheds are open, and on the verge of collapse. The roof is gone. In this ordinance we are asking for demolition. Mayor Cook stated that it appears these sheds are a losing battle, and that they cannot be removed from the ordinance since two years notice has been given. 505 Item 9b, Cont'd. Nell Tate Garoy, 508 Tulsa, stated that she lives in Hope, Arkansas. She would like to get this house fixed so she could move here and live. Glenda Newcomb stated that she was notified May 17, 1984 by Code Enforce- ment to make repairs or demolish it. The roof is sagging, exterior walls are in poor condition, it has poor sanitation, and windows and screens are missing. The front porch and roof are falling in. Mrs. Garoy had no estimate on repairs. j She has owned the property since 1967. Mayor Cook stated that it could not be !! removed from the ordinance. Mrs. Garoy stated that the house is not being rained in. Mayor Cook stated that according to the Inspection Department, the house is not repairable. This 30 days would allow her to remove the structure. Mrs. Garoy stated that she could get it fixed in 90 days, or tear it down. Mayor Cook noted that she has already had 90 days. She stated that she thought it was another house. She stated that she owns a house in Hope, Arkansas. Based on the notice, and recent photos of the structure, it was determined that the structure should be removed. Tina Crabtree, 3010 Avenue V, asked about this property. Glenda Newcomb stated that a permit had been taken out and the property was removed from the ordinance. The house is in the name of Jack Humphrey, Jr. , and the property is on Arthur Street. This was pulled off because of court action. They have 60 days to repair it. Lee Kelley, 808 Chance, stated that notice was given in May 1984. He stated that he has done some work on it. He thinks it is 85 percent finished. The notice stated that it should be removed, but it is not leaking. He could not comply with the deadline. The plumbing has been roughed in. Electrical work has been done. The siding is warped. He cannot do it with other responsibilities in the time frame required. He needs 30 working days in a span of two months. Glenda Newcomb stated that the first notice on file was a special exten- sion in 1980 by Joe Ryckoff. No improvements have been made since August 8. He has owned the property since 1977. He got a permit in 1977 for the old structure. Mayor Cook stated that this property was in an ordinance in 1979 for demolition, and he was given a 90-day extension. Mrs. Newcomb stated that he was again notified in May 1984. Since 1979 this has been on the same action. Mayor Cook was not in favor of removing it from the ordinance. If it is not removed in 30 days it will be demolished if it does not meet all of the codes. Bernice Cook, 1214 33rd, stated that they have been working on the storage shed. She stores furniture, etc. in it. Glenda Newcomb stated that notice was given on April 10, 1984. The roof is falling in. Boards are missing on the exterior walls, very poor sanitation, and windows and screens are broken out. Mrs. Cook stated that the roof is not falling in. Windows are out, but they are boarded up. Mayor Cook stated that the ordinance calls for removal of the structure within 30 days. If it does not meet the codes, the City will demolish it. The public hearing was closed, and the motion for passage of Ordinance No. 97-84 was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas , Harper, Wilson, Palmer, and Welburn Nays: None Item l0a Eugene Conrad, 1619 Bert Drive, appeared concerning Lake Kickapoo. Mayor Cook stated that we are complying with all state and federal require- ments, and utilizing Lake Kickapoo to the maximum. It seems that the under- lying problem is the Olney pipeline. Mr. Conrad wants Olney to take water out from a tank truck. Councilman Palmer noted that we have a very qualified staff who are well trained and highly educated to advise them. If he is asking that the 506 Item 10a, Cont'd. water be protected, the Council will take care of that. Mayor Cook asked Mr. Conrad what he is asking? Mr. Conrad asked if the citizens would be given the maximum amount of Lake Kickapoo water at all times, except to protect Lake Kickapoo? Mayor Cook replied that they would give the maximum water that we can afford to give. Mr. Conrad asked if the Council would cancel the offer to Olney, and cancel the hearing in Austin? The Mayor replied that the answer is "No" . Mayor Cook directed the City Manager to not schedule another appearance before the Council by Mr. Conrad unless he presents a petition to remove the pipe line to Olney. Item 10b Charles Oldham, attorney, appeared on behalf of the Tanglewood Homeowners Association. They are not here concerning the drive-in grocery. Their purpose is to promote safety and beautification in Tanglewood. The Homeowners Association was formed in the 1960' s, and has been extremely active in the last three years. They have a petition with almost 300 signatures to support an ordinance. Mr. Oldham stated that Dorothy Nelson (wife of the original developer) understands that this entranceway was turned over to the City for a park. There is a fence on either side. Unfortunately, there seems to be no written statement to that fact. He stated that the City requested three years ago that they beautify the area. There is $2500 in money, and a lot of hard work. There is no money for planting and watering, which was done by the citizens of Tanglewood. There are 400 homes, with a potential of 1000 when fully developed. They think that if anyone asks for a curb cut, they will get it. Some are even talking about Boule- vard cuts. They feel this would be unsightly, and destroy the beauty of it. There has already been one accident at the cut which is in existence. With additional cuts, there will be additional dangers. The proposal they have is the one thing that will solve it. There are only two possible ways that it can hurt anybody. They think it helps the City of Wichita Falls because of areas that are unique and attractive. This is the only area in town like it. The only areas it affects are the people who own the property on each side. The only two people it can possibly affect are the Gose interests and another owner. Mr. Gose owns several hundred acres. The other area is owned by the Wagner interests, which is almost six acres. They can' t be too much worried about this type of thing because it is their fence that is 30 feet back on each side of this boulevard. They are the ones who sold to Tangle- wood Development Company and Mr. Gose. They are the ones who put up the fence 30 feet on either side of the boulevard, which was supposed to be a park area, and owned by the City, according to Dorothy Nelson. Linda Ammons, President of the Homeowners Association, passed out information to the Council . Shrubbery, trees, and grass would be the only thing they plan to put in this entranceway. They also intend to maintain it. As a technical matter, the City owns this entranceway. He read a proposed ordinance. He stated that a copy of the petition will also be presented. (It never was. ) They feel this ordinance would tremendously help 400-1000 families. It would not harm the City as a whole, could only harm two people, and not significantly for them. The oral , initial agreements were not put in writing. They have not had any contact with the Gose family, but they plan to talk with them in the future. Councilman Wilson confirmed that Mr. Oldham thought there would be minimal damages out there. He asked if the Homeowners Association would be willing to indemnify the City if anyone sued the City? Mr. Oldham stated that they would be. City Attorney H. P. Hodge stated that all he has seen is a plat of Tanglewood Addition and what appeared as a dedicated right-of-way. He has not seen a deed. Mr. Oldham stated that he understands that there is a deed to the City from Tangle- wood Association. Mr. Hodge stated that he does not know if we have received a deed. Mr. Oldham stated that the people involved would be glad to give them a deed. Mayor Cook noted that street right-of-way and parkways are different situations. Councilman Harper asked if the Tanglewood Association would obtain the 30 feet on either side, and would they be willing to sign a contract to maintain it? Mr. Oldham answered in the affirmative. 507 Item 10a, Cont'd. Mayor Cook requested that the staff take this under consideration, and bring back a recommendation to the Council . Councilman Harper stated along that line if they would be willing to convey the whole thing and sign a contract that they would keep it up, he would be glad to consider it. City Manager James Berzina stated that the City is supposed to obtain park land. Also, with additional houses they have a right to access. If they could obtain the property and those owners give up their rights of access, he would be willing to look at it. City Attorney H. P. Hodge stated that he feels Mr. Oldham is over- simplifying the matter. He does not believe it is that clear cut. If a city does something to unreasonably interfere with access off a street, they can pay dearly through the nose (Waco did) . This is not clear. Councilman Harper asked how the people in Tanglewood voted on zoning? Mr. Oldham stated that he voted against it because of the grandfather clause. He does not think zoning affects curb cuts unless you declare it as an entranceway park. Jay Cantrell appeared, stating that he represents the Gose interests. He would like to have the opportunity to get with Mr. Oldham and City staff. ' He only found out about it yesterday. He would like to see if they could work it out. Mayor Cook stated that they appreciate the development taking place in the entranceway to Tanglewood. The convenience store located at the corner has had some influence on this. When property owners are denied access to property, it raises legal concerns. Also, we are overburdened with triangles, medians, etc. in the City. They have two items to be considered. He stated that the staff would be directed to look at it to determine legal owners of property, and how to structure it. We can bring it back at one of the next Council meetings. We need to satisfy our questions on it. Item lla ORDINANCE NO. 98-84 ORDINANCE WAIVING SECTION 22-1 (a) 2, 9 AND 10 OF THE CODE OF ORDINANCES TO ALLOW A TEMPORARY RIDING STABLE IN LUCY PARK. Moved by Councilman Thomas that Ordinance No. 98-84 be passed. Motion seconded by Councilman Palmer. Councilman Harper stated that he thinks this is a good start on some of the things we do in Lucy Park. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item llb ORDINANCE NO. 99-84 ORDINANCE WAIVING ORDINANCES CONCERNING CITY ENFORCEMENT OF DEED RESTRICTIONS FOR LOTS 1 & 2, BLOCK 70, FAITH VILLAGE, UNIT II , WICHITA FALLS, TEXAS Moved by Councilman Harper that Ordinance No. 99-84 be passed. Motion seconded by Councilman Welburn. Councilman Palmer clarified that the City will not enforce these deed restrictions provided these provisions are met. 508 Item 11b, Cont'd. An amended motion was moved by Councilman Harper to add the seventh item to provide for closure of two curb cuts on Featherston. Motion seconded by Councilman Palmer, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Harper, Wilson, Palmer, and Welburn Nays: None (Councilman Thomas was out of the room.) Councilman Wilson asked what happens when the property owner comes in later wanting curb cuts when the building is already there? Would there be a basis for denying a curb cut at that time? City Attorney H. P. Hodge stated that it might be well to file something in the deed records to put a subsequent owner on notice. The owner of the property asked a question about the property at the other end of the block. Councilman Harper stated that he feels we owe it to property owners to keep commercial establishments out of a residential area. The ordinance, as amended, was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Harper, Wilson, Palmer, and Welburn Nays: None (Councilman Thomas was out of the room. ) Item llc Discussion was held on a proposed ordinance pertaining to placement of a mobile home on a non-residential lot for security and other reasons. A motion was made by Councilman Palmer, and seconded by Councilman Wilson for passage of the ordinance. Planning Director Roger McKinney stated that 42 percent of property owners, and 50 percent of the lots are objecting to placement of the mobile home. Moved by Councilman Harper that this matter be tabled for further investigation. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Harper, Palmer, and Welburn Nays: Councilmen Thomas and Wilson Councilman Thomas commented that this would be for commercial areas only. It was not drawn up properly. It would be for manufacturing and large storage areas. Item 11 d Moved by Councilman Harper that the proposed ordinance creating the Wichita Falls-Wichita County Public Health District be tabled for a special called meeting with the Commissioners ' Court prior to September 1 . Motion seconded by Councilman Wilson, and carried unanimously. Item 12a A proposed resolution was presented approving lease agreement for temporary riding stable in Lucy Park. Parks Director Bill Hursh recommended that this activity be allowed as a pilot project to see if we wanted to continue it next year. Mayor Cook asked if they had pursued the area down the river, such as the "Y" Camp? Mr. Hursh stated that they had not. They want to keep it this way for the present. RESOLUTION NO. 153-84 RESOLUTION APPROVING AGREEMENT FOR HORSE RIDING STABLE AT LUCY PARK. Moved by Councilman Harper that Resolution No. 153-84 be passed. 509 Item 12a, Cont'd. Motion seconded by Councilman Palmer. Mr. Hursh stated that Mr. Johnson indicated that the requirement of the liability policy may prohibit him from getting it. Mr. Johnson stated that it would cost from a low of $400 per horse to a high of $900 per horse per year. This would make it prohibitive to put in a riding stable on city property. He would prefer that it be waived during this pilot program. If it is not waived fully, we can put it on a much reduced policy of one million dollars. Mark Wilson, Risk Management Administrator, stated that our present liability policy would not cover it. We are opening bids on Friday for liability insurance, but at present it will not cover it. I Councilman Harper asked if we would be liable if we lease this property to him? The City Attorney stated that he would feel very uneasy. Councilman Thomas stated that we need to go further, and see about the liability. It seems a shame that it has not been checked into yet. He hates that we drag it out. Mr. Johnson stated that he does not know what is reasonable in insur- ance. He feels one million dollars is unreasonable. He hopes to hear from the insurance company this week. He would like to get started as soon as possible. They charge $8.00 per hour, and also have pony rides for kids. They plan to have each person sign a waiver. Councilman Wilson asked if it would be reasonable for Mark Wilson to pursue this insurance requirement? Bids are coming in Friday, and specifi- cations could not be changed. Mark Wilson stated that they could get a quotation on what the additional coverage would be. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Wel burn Nays : None Item 13a Bids were considered on the City's insurance program. Mark Wilson explained the reason for deleting the medical professional liability insurance as a cost-saving matter. Mr. Wilson and Mr. Barrett explained the deductibles. The Texas Municipal League requires that we participate in their workers compensation program if we purchase insurance from them, and it would cost us more to do so. The general liability and fleet insurance has been rebid, and bids will come in Friday. The excess of medical professional liability will be rebid. Ed Barrett, Assistant City Manager, stated that we have to bid this insurance every year. We cannot do any long-term insurance planning. It also creates the potential that we will change insurance companies. The State has put us in somewhat a difficult situation. If we could get them to i' relax it, and get it for two years, it would help. This applies to all cities. Texas municipalities have to bid their insurance. School Districts do not. Companies will not commit themselves to a liability for three years. i Councilman Wilson asked if our bid can be taken with an option? Would the Attorney General approve this? The City Attorney stated that we can write that in our specifications. Mark Wilson stated that they won' t bid for more than one year. Moved by Councilman Harper that bids for insurance be awarded as follows. a. Fred S. James Company 1 . Police Professional Liability - $34,287.00 2. Airport Liability - $2,250.00 3. Workers Compensation Excess Insurance - $6,600.00 Motion seconded by Councilman Welburn, and carried unanimously. I r, 510 Item 14a Permission was requested to advertise for bids for equipment for the landfill and transfer station (one elevating scraper and one backhoe-loader) . Moved by Councilman Thomas that authority be granted to advertise for bids, as requested. Motion seconded by Councilman Harper. Director of Public Works George Bonnet was asked by Councilman Thomas if it would be a saving if small trucks went on to the landfill , rather than stopping at the transfer station? Mr. Bonnet stated that in his opinion it would not be econom- ical because of the miles on these packer trucks. Given the distance to the landfill , he believes the transfer station is a pretty good set-up. The motion was carried unanimously. Item 15a RESOLUTION NO. 154-84 RESOLUTION ACCEPTING CONSTRUCTION OF IRRIGATION LAGOON SUPPLY LINE AND PUMP STATION IN WEEKS PARK BY BOWLES CONSTRUCTION COMPANY, INC. Moved by Councilman Palmer that Resolution No. 154-84 be passed. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None Item 15b RESOLUTION NO. 155-84 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR THE 1983 CAPITAL IMPROVEMENTS PROGRAM, PROJECT 83-1 . Moved by Councilman Wilson that Resolution No. 155-84 be passed. Motion seconded by Councilman Thomas, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None ORDINANCE NO. 100-84 ORDINANCE ACCEPTING IMPROVEMENTS OF A PORTION OF THE 1983 CAPITAL IMPROVEMENTS PROJECT NO. 83-1 IN THE CITY OF WICHITA FALLS, TEXAS AS DESIGNATED IN ORDINANCE NO. 17-84, DECLARING THE CONTRACT WITH ZACK BURKETT COMPANY, WICHITA FALLS, TEXAS, FOR THE CONSTRUCTION OF SAID IMPROVEMENTS FULLY COMPLETED AND PERFORMED; DIRECTING THE ISSUANCE, EXECUTION AND DELIVERY OF CERTIFICATES IN EVIDENCE OF SPECIAL ASSESSMENTS LEVIED AFTER GIVING EFFECT TO SUNDRY CREDITS HEREIN AUTHORIZED AND ALLOWED AGAINST SOME OF SAID ASSESSMENTS; DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AND BY FILING THE COMPLETE ORDINANCE IN APPROPRIATE ORDINANCE RECORDS OF SAID CITY, AND PRO- VIDING AN EFFECTIVE DATE. Moved by Councilman Harper that Ordinance No. 100-84 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer, and Welburn Nays: None 511 Item 16a A proposed ordinance was presented disannexing 27 acres of land on River Road Lane, also know as Delta Lane. A motion was made by Councilman Thomas, and seconded by Councilman Welburn that the ordinance be passed. Councilman Thomas stated that we have left a small parcel in the Northwest corner of the property which should be included therein. No one resides on it. R.: E. Cowles owns it. City Attorney la. P. Hodge stated that if the Council desires to include this, they would have the right to since no one resides on it. Roger McKinney stated that they have prepared some additional field notes on this. There are no residences on it. He preferred that the area be cleaned up, but he had no objections to the area being dis- annexed. He prefers water availability to disannexation. Councilman Thomas moved to amend the motion to include the triangle in the Northwest corner, for a total of 41 acres. Motion seconded by Councilman Palmer, and carried by the following vote. Ayes: Mayor Cook, Councilmen Swift, Thomas, Wilson, Palmer, and Welburn Nays: Councilman Harper Tom Edmondson, Health Department, stated that the hogs are being raised improperly. To disannex this area will entice hog production in the area. He would prefer that we get the backing to follow the ordinance that was passed last year, and follow the ordinance. Councilman Wilson asked if this constitutes a health problem, and how extensive is it? Mr. Edmondson stated that they pump water out of the river. They also have a septic system. The hog feed is not being cooked properly. The total operation is improper. They have asked for help in making them move the hogs from the area. They have not been able to get the help from the Legal Department. City Attorney H. P. Hodge stated that it i.s, the Legal Department's responsibility. With the help of Health and Code Enforcement, they took on the responsibility to get rid of the hogs. Glen Williams worked with the Health Department. He discussed it with the Acting City. Manager. In fairness to the owners of the hogs, they gave them some time to make other arrangements. Some of the people came to them to find out the procedure to try to get ther, disannexed. They were apparently never able to come up with the information. He held up on getting the hog operation out since they were working on dis- annexation. Mr. Hodge stated that it appeared there was never going to be a disannexation, and he had taken longer than he should have to get them out. Deadlines were set for hearings in Municipal Court. About this time they came in with a proper petition. It seemed inappropriate to have a hearing prohibiting someone from keeping hogs when we have a petition requesting disannexation. Mr. Edmondson stated that these hogs are sold at markets West of here and. in Oklahoma. He- stated that the Department of Agriculture termed the operation they used out there as a poor man's operation. . Normally they do not cook the feed, but feed it in the raw state. Councilman Wilson asked if he could give him an example of an analogy outside our jurisdiction? Mr. Edmondson stated that there is one Northwest of Iowa Park. Residents complain of flies, odor, cooking process, etc. The Department of Agriculture took care of the cooking process, and the Health Department used State health laws in the areas of flies and odors. Mr. Edmondson stated that they will continue to work with them for health reasons, but disannexation will only encourage further production of hogs. Councilman Welburn asked what had been done in the past to work with the people? Mr. Edmondson stated that they picked up four to six pigs by Animal Control. Councilman Welburn asked what they had done about the remaining animals, and giving guidance to the people in the area to show them how to doeit? If they are cut .out of the City, can the State do the same thing? Mr. Edmondson stated that they can. Councilman Welburn was concerned about the length of time in enforcement. Disadvantaged people are encouraged to participate in self-help projects. Some of these are doing their best with 512 Item 16a, Cont'd. what they have. Probably the only crime these people are committing is attempting to work, rather than beg. They have chosen to the best of their ability to do some- thing different. Apparently they have not received guidance on how to cook the scrap. Why did not someone tell them about the availability of small business loans for cement stys, etc? By example we have not really said to them that a sightly wholesome environment is in the best interests of the whole population of the City of Wichita Falls. Whatever we decide to do, we need to both by example and overt help, do everything possible to aid these people who are simply attempting to improve their lot by this job in addition to those jobs they have. Some of the people who attempted to help them have been less than diligent in their efforts to help them. We owe it to the City to help clean up this area. Mr. Edmondson totally disagrees with keeping hogs in the city limits. Mr. Hodge stated that this area was annexed in 1961 . It did not come to anyone's attention that hogs were being kept out there. It was brought to the City's attention in the late 1960' s. It was noted that this was an area semi- separated from the rest of the City. The ordinance was amended to make it unlawful to keep hogs in the City limits, except for this area. A year ago it was brought back to the City Council , and the ordinance was amended to knock out the exception. Councilman Harper agrees that we should try to develop this part of town. He wonders how many people who live there raise hogs, or are they being raised by people who don' t live there? He feels we should enforce the ordinance. Dr. Cox, Health Department, stated that trying to teach them to raise hogs is a very futile thing. They pour slop on the ground, there are rats, flies, etc. It is certainly a health hazard for anyone to live in close proximity to this area. When you disannex, you don' t have as much control as you do outside the city limits. If we work at it we can get rid of the hog population, but we will have to work on it. Councilman Harper noted that we could condone bootlegging or anything else for poor people. Lucy Dews, River Road, presented information to the Council . She stated that there isn' t eleven residents. Mayor Cook asked how many residents who live there raise hogs? It was noted that Eugenia Robinson and the Irvins' raise hogs. Martha K. Irvin stated that they live there and they raise hogs. She does not believe this constitutes a health hazard. Councilman Welburn asked if she would be receptive to a small business loan if someone could show them a better way? She answered in the affirmative. Travis Dews appeared, stating that he is a psychologist at Odessa College. He noted that the woman who spoke does not live out there. Some of these people are newly registered voters. There were a lot of people sitting out there on porches when city officials visited the area who did not live there. His mother had to call the Health Department to get hogs out of his yard and his mother's yard. What are the people who live there supposed to do--let the hogs have it? He feels it is really an obnoxious matter of disannexing in favor of hogs. He asked why it took so long to enforce this ordinance? He also asked about the requirements of being a registered voter? Mr. Hodge stated that it is a requirement of the City Charter. Mr. Dews asked why people were allowed to sign the petition who do not live there? Mr. Hodge stated that he did not get the petition. He further stated that it is very difficult to try to find out who resides there. We had people tell us who lives there. He stated that he and Mrs. Thomas went out there to try to canvass the area. We are in the middle. We go out there and people tell us they live there, and are registered voters. We understood that Mr. Dews lives in Odessa. Mr. Hodge stated that on one hand we have people stating they live here. He made it very clear to Mrs. Dews and Mr. Childs that this hearing would be held today. Mr. Gillen, in his office, met with him. What he has been wanting to see is what is happening this morning. If the City Council turns down this petition, the City Attorney's office will do everything they can to get the hogs out. Mr. Dews stated that the Health Department told his mother they can' t do anything without the help of the Legal Department. Mayor Cook stated that deannexing will not clear up the health problems, but the question here is to let the people have the option to present their requests. He can also assure him that pending the Council ' s vote, that area will be hastily given some very serious attention. 513 Item 16a, Cont'd. Eugenia Robinson stated that she had been living out there 23 years. She was there when those people moved out there. She stated that she could open the gate and let her hogs go into the County. Councilman Harper asked where there is any place in the City as filthy as the hogs? Mrs. Robinson .stated there are lots of places. He asked if she would take Mr. Edmondson, and she stated that she would. Mrs. Robinson asked if they will be given city services? Mayor Cook stated that city services have been held up because of health problems. The City Manager stated that the City doesn't give services--the City provides city improvements. There are certain procedures they use in paying or recovering the costs for trash, streets, sewer lines, water lines, etc. James Williams, 828 Elwood, stated that back in the 1960's, Mrs. Dews moved out there in the hog pen. History shows that hogs have been out there 150 years. He bought land out there 21 years ago to raise hogs. He would be glad for Dr. Cox to help them. Someone else raises hogs on his land. Councilman Welburn stated that the thing that concerns him is the quality of life for a significant number of people. He has already asked the Health Department if they will do certain things. He asked Mr. Williams if he would be willing to give these people some favorable rates on concrete and work with them in construction of more sanitary methods of raising hogs? Mr. Williams stated that he would be glad to do so. He also feels that Mrs. Dews and everyone else has the right to the best quality of life available. He would like to see anything rectified by the City, County, or anyone else. Mr. Williams stated that they can clear it up and make it a much more desirable area. If they are disannexed he promises to clean up their act a whole lot more than it is now. Councilman Welburn stated that whether they stay in or out, they will have a lot more observation in the future. Billy J. Childs stated that he has lived on River Road 17 years, and in Wichita Falls 25 years. Mr. Williams lives on Elwood Street. Wherever you live you want the area to be clean and sanitary. He will let the pictures speak for themselves. They don't keep the pigs in. They run up and down the road. There is no one to keep them in. Councilman Wilson asked the point of the paperwork he presented? Mr. Childs stated that he wants the area to stay in the City limits, and the City enforce the ordinance as written. Mary Hall stated that she has hogs on River Road. She has raised them over 20 years. If they get out, Mrs. Dews puts them in her yard, and calls the City. (Mrs. Hall does not live on River Road. ) Mayor Cook called for a vote on the ordinance, stating that he has heard enough. The motion for passage of the ordinance failed by the following vote. Ayes: Councilmen Swift, Thomas, Palmer, and Welburn Nays: Mayor Cook, Councilmen Harper and Wilson (This ordinance required the affirmative vote of 5 members to pass. ) The City Council adjourned at 1 :40 P.M. PASSED AND APPROVED this day of 1984. Gar Cook, Mayor ATTEST: Clerk Wilma J. Thomas, Ci y