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Min 10/19/2010 145 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building October 19, 2010 Item 1 The City Council of the City of Wichita Falls, Texas met in regular session on the above date in the Council Chambers of the Memorial Auditorium Building at 8:30 o'clock a.m., with the following members present. Glenn Barham - Mayor Dorothy Roberts-Burns - Mayor Pro Tern Linda Ammons - Councilors Michael Smith - Rick Hatcher - Tim Ingle - Mary Ward - Jim Dockery - Assistant City Manager Miles Risley - City Attorney Lydia Ozuna - City Clerk Mayor Barham called the meeting to order. Item 2a Pastor Isaac Butterworth, First Presbyterian Church, gave the invocation. Item 2b Mayor Barham led in the Pledge of Allegiance. Item 3a Dennis Wilde, Executive Director of Nortex Regional Planning Commission gave a one year report on the Homeless Prevention Rapid Re Housing, Item 4 John Deason, 1628 Christine wants to help raise awareness of our military troops. He asked Council to review the policy of police escorts for veterans'funeral processions. Mayor informed that it was a matter of Police Department policy that in most instances police escorts are not provided, however there are exceptions and that may be one of the exceptions. Mr. Deason was directed to contact the City Manager and discuss his concerns with him and with the Police Chief. Item 5a Minutes of the October 5, 2010 Regular City Council meeting were approved as distributed. 146 Items 6-7b City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Hatcher that the Consent Agenda be approved. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle, and Ward Nays: None Item 6 RESOLUTION NO. 117-2010 Resolution Authorizing The City Manager To Execute A Contract With Work Services Corporation For Services Provided By Vocationally Handicapped Persons, In A Total Amount Not To Exceed $77,200 Item 7a-7b Minutes of the following boards and commissions were received. (a) Traffic Safety Commission September 1, 2010 (b) Landmark Commission, August 24 2010 Item 8a A public hearing was held to determine if certain buildings and/or structures are considered to be dangerous. Mayor declared the public hearing open. Mr. Bobby Teague explained how this process works. Code Enforcement Officer Jason McGuire detailed each property on the demolition list. The following persons addressed their property. Item 9: 510 Marconi Raymond Velasquez, Jr. 506 Woods, property owner, requested additional time to rehab the structure. He plans to live in it. Council suspended the demolition order for 60 days for owner to pull a restoration permit and 120 days to obtain Certificate of Occupancy. Item 13: 600 Welch Maria Wrice, 3111 Beauchamp, Dallas, TX, property owner requested additional time to rehab the structure. Council suspended the demolition order for 90 days to obtain restoration permit plus 120 days to obtain Certificate of Occupancy. Item 14: 303 S. Rosewood Glossy Jordan, 1811 Las Cruces Ln., property owner, requested additional time to rehab the structure; is being used as a storage structure. Council suspended the demolition order for 30 days to obtain a restoration permit plus 120 days to obtain a Certificate of Occupancy. Item 16: 710 Jalonick Tony Robinson, property owner, 708 Jalonick, requested additional time to rehab or demolish the structure. Council suspended the demolition order for 30 days to obtain a restoration permit plus 120 days to obtain a Certification of Occupancy. City Council recessed at 9:45 a.m. and reconvened at 10:05 a.m. 147 Item 8a continued Item 25: 11204 -35th Street Janie Renee Peavler, 1209 Galveston, property owner, requested additional time to rehab the structure. She plans to live there. Council suspended the demolition order for 30 days to obtain a restoration permit plus 180 days to obtain a Certificate of Occupancy. Item 26: 1210-36th Street Kathleen Drew, 08 N. Kirkwell, property owner, requested additional time to sell the property. Council suspended the demolition order for 60 days to obtain a restoration permit plus 120 days to obtain Certificate of Occupancy. Item 31: 1817 Dayton Gerald A. Stuber, 1817 Dayton, property owner, requested additional time to rehab the property. Linda Mizer, 1815 Dayton, has lived at this location for over five years and nothing was done before and still no improvements have been made; it is a health hazard and is dangerous. She does not see how the structure can be rehabilitated; she asked that Mr. Stuber be directed to contact Animal Control to see about the skunk and other animals/pests in and around the house. Council suspended the demolition order for 30 days to obtain a restoration permit plus 120 days to obtain a Certificate of Occupancy; if he has not obtained a restoration permit within thirty days, structure will be demolished. Mr. Stuber was directed to contact Animal Control and Health Director Lou Franklin. He was also directed to turn off a television that is constantly running inside this structure. Item 34: 2803 Lebanon Dave & Marjorie Motherwell, 2314 Kings Hwy., property owners, requested additional time to remove collectible items and to salvage certain materials and prepare to demolish. They currently have a 30 day demolition permit. Council suspended the demolition order for an additional 30 days after current permit expires for owner to demolish structure. Owner will need to apply for an extension for these additional 30 days, which will total 60 days for owners to demolish structure. Item 35: 2703 Baltimore C. E. Patterson, 2703 Baltimore, property owner, is rehabbing property and is currently living there. Council suspended the demolition order on this property and removed it from the demolition list. Mayor called for additional public comment. There being none, Mayor declared the public hearing closed. Item 8b ORDINANCE NO. 56-2010 Ordinance Finding Certain Buildings And/Or Structures To Be Dangerous; Requiring Property Owners To Demolish Said Buildings And/Or Structures Within 30 Days Of The Date Of This Ordinance; And Declaring An Emergency and Immediate Effective Date Moved by Councilor Hatcher that Ordinance No. 56-2010 be passed. Motion seconded by Councilor Robert-Burns. Moved by Councilor Hatcher to amend Ordinance No. 56-2010 by suspending the Demolition Order to include the following. Items 20 and 35 were removed from the demolition list. Item 20, 1960 Windthorst Rd. has already been demolished. Item 35, 2703 Baltimore was removed by Council during the public hearing. 148 Item 8b continued The Demolition Order was suspended for the following structures for the following time periods to become effective after the date of suspension. The first set of days is to require a restoration permit and if they do not obtain a restoration permit within the first period of time initially stated, the Order would automatically revive and be effective. Item 9: 510 Marconi Raymond Velasquez, Jr. 506 Woods, property owner. Council suspended the demolition order for 60 days for owner to obtain a restoration permit plus 120 days to obtain a Certificate of Occupancy. Item 13: 600 Welch Maria Wrice, 3111 Beauchamp, Dallas, TX, property owner Council suspended the demolition order for 90 days to obtain a restoration permit plus 120 days to obtain a Certificate of Occupancy. Item 14: 303 S. Rosewood Glossy Jordan, 1811 Las Cruces Ln., property owner Council suspended the demolition order for 30 days to obtain a restoration permit plus 120 days to obtain a Certificate of Occupancy. Item 16: 710 Jalonick Tony Robinson, property owner, 708 Jalonick Council suspended the demolition order for 30 days to obtain a restoration permit plus 120 days to obtain a Certification of Occupancy. Item 25: 11204 -35`h Street Janie Renee Peavler, 1209 Galveston, property owner Council suspended the demolition order for 30 days to obtain a restoration permit plus 180 days to obtain a Certificate of Occupancy. Item 26: 1210-36`h Street Kathleen Drew, 08 N. Kirkwell, property owner Council suspended the demolition order for 60 days to obtain a restoration permit plus 120 days to obtain a Certificate of Occupancy. Item 31: 1817 Dayton Gerald A. Stuber, 1817 Dayton, property owner Council suspended the demolition order for 30 days to obtain a restoration permit plus 120 days to obtain a Certificate of Occupancy; if he has not obtained a restoration permit within thirty days, structure will be demolished. Item 34: 2803 Lebanon Dave & Marjorie Motherwell, 2314 Kings Hwy., property owners Council suspended the demolition order for 30 days for owner to demolish the structure himself. For those buildings that obtained a Restoration Permit, the suspension of the Order will expire on the later of the expiration of time limits stated to obtain a Restoration Permit or 10 days unless otherwise stated after obtaining a Restoration Permit unless property has received a certificate of Occupancy from the City. Motion seconded by Councilor Robert-Burns and carried by the following vote. Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle, and Ward Nays: None Main motion as amended carried by the following vote Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle, and Ward Nays: None Item 8.1 ORDINANCE NO 57-2010 An Ordinance Discontinuing Participation In The Supplemental Death Benefits Fund Of The Texas Municipal Retirement System, And Declaring An Effective Date 149 Item 8.1 continued Moved by Councilor Hatcher that Ordinance No. 57-2010 be passed. Motion seconded by Councilor Ingle and carried by the following vote. Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle, and Ward Nays: None Item 9a RESOLUTION NO. 118-2010 Resolution Approving Change Order No. 1 To The 2010 Alley Rehab Project (CWF10-530-09) To Add Two Alleys And Provide For Increased Quantities, In An Added Amount Of$66,588.30 Moved by Councilor Robert-Burns that Resolution No.118-2010 be passed. Motion seconded by Councilor Ward and carried by the following vote. Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle, and Ward Nays: None Item 9b RESOLUTION NO. 119-2010 Resolution Approving A Joint Funding Agreement For Water Resources Investigations With The U.S. Geological Survey For Operation And Maintenance Of Stream Flow And Reservoir- Content Gauging Stations On The Wichita River, Lake Arrowhead, Lake Kickapoo And Holliday Creek Moved by Councilor Ammons that Resolution No.119-2010 be passed Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle, and Ward Nays: None Item 9c RESOLUTION NO. 120-2010 Resolution Awarding The Bid For Downtown Intersection Improvement Project (CWF10-100-20) To Duke Construction Company, In An Estimated Total Amount Of$920,765.00 Moved by Councilor Ammons that Resolution No.120-2010 be passed Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle, and Ward Nays: None 150 Item 10a There were no staff reports. Item 10b Council members brought up the following matters. Councilor Ammons: a) Patriot Guard is available to firefighters and police as well as the veterans. It behooves the City to work with them. Councilor Ingle: a) Thanked the staff in Public Works for responding to the sewer issue on Victory Street; very good cooperation. b) Asked for an after action report on Emergency Management regarding the truck that rolled over on the expressway. Chief Foster informed that things went very well from Fire Department standpoint; response time was good. Councilor Hatcher: a) That driver is out of the hospital now b) Congratulations to W.F. Crime Stoppers for placing at the State Conference in 4 categories; way to go Crime Stoppers. Since 1980 $28 million recovered in stolen property and seized narcotics c) Bikers Against Child Abuse group fund raiser October 24 at noon at Elks Lodge on Seymour Highway d) October 22 Riverbend Not So Scary Nature Night 6 pm — 9 pm e) Teens Make a Difference Day this Saturday f) Lucy Park Halloween at the park Saturday 10 am —4 pm g) Texoma Outdoor Expo at MPEC 10 am to 4 pm sponsored by First Baptist Church; a lot of things going on there h) Check lighting in parking area adjacent to Library, back parking lot; very dark needs lighting. i) Left on Arby's on red Councilor Smith: a) Update on Transit Center property. Mr. Burrus informed that there are still some issues with the title that have to be addressed and are being worked on before we can obtain the property. b) Asked Code Enforcement to review the Sheppard Access Road area. That should be as open and inviting as we can make it working with property owners in that area. It needs revitalization. c) WF Police Department Deputy Chief Gerald Todd is retiring November 1. He has been a great resource; our hats are off to him as he goes into retirement. Councilor Ward: a) District 5 has not changed much since 1963. SAFB is our diamond in the rough and we need to pay attention to SAFB and the surrounding area out there. We need to enhance Sheppard Access Road and that area around SAFB Councilor Roberts-Burns: a) Thanked Sanitation Department for providing the dumpsters and Parks for their help in the Clean Up Day in District 2 b) Many structures are scheduled for demolition in that area and now we need structures and need help. Mayor Barham: a) Early Voting began October 18 and Election Day is November 2 b) November 5 will be the annual Rider High School football game and an official London delegation will be here at that time to present an invitation to the Rider High School Band to march in their New Year's Day Parade. Congratulations to Rider High School Band. • 151 Item 11 City Council adjourned at 11:45 a.m. PASSED AND APPROVED this- _day of \ 2010. GLENN BARHAM MAYOR ATTEST: una City Clerk City of Wichita Falls City Council Agenda Glenn Barham, Mayor Linda Ammons, Councilor At Large Michael Smith, District 1 � +� Dorothy Roberts-Burns, Mayor Pro Tern / Rick Hatcher, District 3 �C 144f Tim Ingle, District 4 Y T E X A S Mary Ward, District 5 B/ur�Sk/�Cf�/den O��at'tu�t��ie, Darron Leiker, City Manager — Miles Risley, City Attorney Lydia Ozuna, City Clerk Notice Of Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas, To Be Held In The City Council Chambers, Memorial Auditorium, 1300 Seventh Street, Tuesday, October 19, 2010 Beginning At 8:30 A.M. Item # Bill # 1. Call To Order 2. (a) Invocation: Pastor Isaac Butterworth First Presbyterian Church (b) Pledge Of Allegiance 3. Presentations (a) Report on Homeless Prevention Rapid Re Housing — Dennis Wilde, Nortex Regional Planning Commission 4. Comments From The Public To Members Of The City Council Concerning Items That Are Not On The City Council Agenda. People Wishing To Address The Council Should Sign Up Prior To The Meeting Commencing. A Five Minute Time Frame Will Be Adhered To For Those Addressing Their Concerns. 5. Approval Of Minutes Of The October 5, 2010 Regular Meeting Of The Mayor And City Council CONSENT AGENDA 6. Resolution Authorizing The City Manager To Execute A #173 Contract With Work Services Corporation For Services Provided By Vocationally Handicapped Persons, In A Total Amount Not To Exceed $77,200 7. Receive Minutes (a) Traffic Safety Commission, September 1, 2010 (b) Landmark Commission, August 24, 2010 City Council Agenda Tuesday, October 19, 2010 Page 2 REGULAR AGENDA 8. (a) Public Hearing To Determine If Certain Buildings And/or Structures Are Considered To Be Dangerous (b) Ordinance Finding Certain Buildings And/Or Structures #174 To Be Dangerous; Requiring Property Owners To Demolish Said Buildings And/Or Structures Within 30 Days Of The Date Of This Ordinance; And Declaring An Emergency and Immediate Effective Date 9. Resolutions (a) Resolution Approving Change Order No. 1 To The 2010 #175 Alley Rehab Project (CWF10-530-09) To Add Two Alleys And Provide For Increased Quantities, In An Added Amount Of$66,588.30 (b) Resolution Approving A Joint Funding Agreement For #176 Water Resources Investigations With The U.S. Geological Survey For Operation And Maintenance Of Stream Flow And Reservoir-Content Gauging Stations On The Wichita River, Lake Arrowhead, Lake Kickapoo And Holliday Creek (c) Resolution Awarding The Bid For Downtown #177 Intersection Project (CWF10-100-20) To Duke Construction Company, In An Estimated Total Amount Of$920,765.00 10. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 11. Adjourn Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces and ramp located off the east parking lot on the Sixth Street entrance. Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours notice. Please call the City Clerk's Office at 761-7409. Wireless Listening System devices are available at the City Manager's reception area or you may call 761-7404 for inquiries. City Council Agenda Tuesday, October 19, 2010 Page 3 Every item on this agenda shall be considered a public hearing. Regardless of the agenda heading under which any item is listed, any word or phrase of any item listed on this agenda shall be considered a subject for consideration for purposes of the Texas Open Meetings Act and other relevant law, and City Council may deliberate and vote upon any such subject and resolutions related thereto. Resolutions, ordinances, and other actions concerning any word, phrase, or other subject may be voted upon, regardless of any language of limitation found in this agenda or any document referring to such action. Any penal ordinance, development regulation or charter provision of the City of Wichita Falls or item which is funded by the current or next proposed City of Wichita Falls budget, including, without limitation, any street, water pipe, sewer, drainage structure, department, employee, contract or real property interest of the City of Wichita Falls, may be discussed and deliberated, and the subject is hereby defined as such without further notice. Any item on this agenda may be discussed in executive session if authorized by Texas law regardless of whether any item is listed under"Executive Sessions" of this agenda, regardless of any past or current practice of the City Council. Executive sessions described generally hereunder may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice. Executive sessions described generally hereunder are closed meetings, may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice, and may include items under Texas Government Code Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.084, and/or 551.087. CERTIFICATION I certify that the above notice of meeting was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on the day of , 2010 at o'clock (a.m.)(p.m.). City Clerk City of Wichita Falls City Council Agenda Glenn Barham, Mayor ' Linda Ammons, Councilor At Large Michael Smith, District 1 -.90afto-W Dorothy Roberts-Burns, Mayor Pro Tern Rick Hatcher, District 3 r Tim Ingle, District 4 °d ( T E X A S Mary Ward, District 5 B/ct�Skies Cro/denOy�e�tun�7i�, Darron Leiker, City Manager -- Miles Risley, City Attorney Lydia Ozuna, City Clerk Amended Notice Of Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas, To Be Held In The City Council Chambers, Memorial Auditorium, 1300 Seventh Street, Tuesday, October 19, 2010 Beginning At 8:30 A.M. Addendum to Regular Agenda Item # Bill # 8.1 Ordinance Discontinuing Participation In The Supplemental #178 Death Benefits Fund Of The Texas Municipal Retirement System, And Declaring An Effective Date Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces and ramp located off the east parking lot on the Sixth Street entrance. Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours notice. Please call the City Clerk's Office at 761-7409. Wireless Listening System devices are available at the City Manager's reception area or you may call 761-7404 for inquiries. CERTIFICATION I certify that the above notice of meeting was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on the day of , 2010 at o'clock (a.m.)(p.m.). City Clerk