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Min 01/02/2001 240 Wichita Falls, Texas Memorial Auditorium Building January 2, 2001 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: Jerry Lueck - Mayor Dan Shine - Pro Tern Arthur Bea Williams - Councilors James Esther, Jr. - Bill Altman - Johnny Burns - Harold Hawkins - Jim Berzina - City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk Mayor Lueck called the meeting to order. John Dillard, Associate Pastor First United Methodist Church, gave the invocation. Item 3 Mr. Michael Payne, Property/Evidence Impound Supervisor - Police Department, was recognized as Employee of the Month for the month of January. Mayor presented Mr. Payne with a plaque, dinner for two, and theater passes. Mayor declared the month of January 2001 "Crimestoppers Month" in Wichita Falls. City Manager recognized Firefighters John Reese and Brent Lucas along with all the firefighters who participated in the Toys for Tots Program. Because of these firefighters this program has had noticeable accomplishments and continued success. This year Toys for Tots helped over 600 children as well as approximately 300 families. Certificates of Recognition were presented for their unselfish efforts to Firefighters Reese and Lucas. Their families were also recognized for their participation in this program. Item 4 No one signed up to speak under Public Comments. Item 5 The Minutes were approved as distributed. Items 6a-6b City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Altman that the consent agenda be approved. 241 Items 6a-6b continued Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Items 6a-6b Minutes of the following board & commission meetings were received. a. Wichita Falls-Wichita County Public Health Board — October 27, 2000 b. Tax Increment Financing Board — December 12, 2000 Item 7a A public hearing was held on hazardous structures. Mayor declared the public hearing open. Mr. John Kruger, Code Enforcement Officer, provided information on the process and the various structures. Mayor called for public comments. There being none, Mayor declared the public hearing closed. Item 8a ORDINANCE NO. 1-2001 ORDINANCE 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; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Altman that Ordinance No. 1-2001 be passed. Motion seconded by Councilor Burns. In dealing with hazardous structures, it was suggested that a check list be created detailing the guidelines for locating a deceased person's family. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 8b ORDINANCE NO. 2-2001 ORDINANCE REZONING APPROXIMATELY 10 ACRES OUT OF THE J. R. MCDOWELL SURVEY, ABSTRACT 194, FROM SINGLE FAMILY-1 AND SINGLE FAMILY-2 TO MULTIFAMILY RESIDENTIAL ZONING AND AMENDING THE COMPREHENSIVE LAND USE PLAN; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 242 Item 8b continued Moved by Councilor Altman that Ordinance No. 2-2001 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns and Hawkins Nays: None Item 8c ORDINANCE NO. 3-2001 ORDINANCE AMENDING THE THOROUGHFARE PLAN CLASSIFICATION OF PROFESSIONAL DRIVE AND PORTIONS OF RATHGEBER ROAD AND CRESTVIEW MEMORIAL ROAD FROM MAJOR COLLECTOR TO MINOR COLLECTOR; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Altman that Ordinance No. 3-2001 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 8d ORDINANCE NO. 4-2001 ORDINANCE RENAMING CRESTVIEW ROAD TO PROFESSIONAL DRIVE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Ordinance No. 4-2001 be passed. Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns and Hawkins Nays: None Item 8e ORDINANCE NO. 5-2001 ORDINANCE PARTIALLY WAIVING SECTION 4620 B, SCREENING REQUIREMENTS, OF THE ZONING ORDINANCE FOR 4015 LAKE PARK DRIVE ALONG THE NORTH PROPERTY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Ordinance No. 5-2001 be passed. Motion seconded by Councilor Williams. 243 Item 8e continued Councilor Altman felt that the adjacent property owners needed to be informed of the fence waiver and the potential for a future dispute regarding the responsibility of the landscaping. Mr. Dave Clark will notify them. Doug Paul Archer, Wilson House Project representative and member of First Presbyterian Church, stated that the Church is willing to work with the property owners in maintaining the landscaping. Moved by Councilor Hawkins to amend Section 1 by deleting the phrase "and substituted landscaping" in the last sentence. Sentence would read as follows: The required fence shall be as shown on the attached map incorporated in this ordinance as Attachment "A" Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 8f ORDINANCE NO.6-2001 ORDINANCE MAKING AN APPROPRIATION FROM THE TAX INCREMENT FINANCING (TIF) FUND IN THE AMOUNT NOT TO EXCEED FIFTY THOUSAND DOLLARS ($50,000) TO NORTH TEXAS VISIONS OF WICHITA FALLS (VISIONS) FOR STAFFING AND OPERATIONAL PURPOSES AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Ordinance No. 6-2001 be passed. Motion seconded by Councilor Esther. Councilor Altman suggested standardizing ordinances which have contracts as attachments. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns and Hawkins Nays: None Item 8g ORDINANCE NO. 7-2001 ORDINANCE AMENDING CHAPTER 2, ART. IV DIV. 5 OF THE CODE OF ORDINANCES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Shine that Ordinance No. 7-2001 be passed. Motion seconded by Councilor Hawkins. Moved by Councilor Hawkins to amend Section 4 (1) by deleting the phrase "meeting open to the public" and replacing it with the phrase "public hearing". Sentence would read as 244 Item 8g continued follows: The application shall be reviewed at a public hearing; and a decision for approval, continuance, or disapproval shall be made within thirty (30) days after review by the landmark commission. Motion seconded by Councilor Altman and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns and Hawkins Nays: None Moved By Councilor Altman to amend the last sentence in Section 3 (c) to read as follows: There shall be a Chairperson and Vice-Chairperson selected by the Commission. The Chairperson and Vice-Chairperson shall serve one year terms and shall be elected at the first meeting of each calendar year. The Chairperson and Vice-Chairperson may be re-elected. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Moved by Councilor Altman to amend Section 2 (1) by deleting the last sentence which reads "Should an additional historic district be created by the City Council, the number of at- large members shall be reduced to maintain a maximum of nine (9) members". Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 9a Council members wished everyone a happy new year. Councilor Esther mentioned the upcoming election and spoke in favor of the MPEC Coliseum. Councilor Burns mentioned the election and the City Clerk provided early voting dates, time and location. Councilor Burns encouraged registered City voters to vote. Councilor Altman congratulated the Times Record News for the newspaper insert of the "50 Great Things About Wichita Falls". He encouraged citizens to get involved by serving on City boards and commissions and by getting out and voting. He said he would like to see the City of Wichita Falls in the Texas Monthly for the largest voting turnout. Mayor also encouraged citizens to get out and vote. Item 9b City Manager wished the City Council, citizens, and staff a happy new year. 245 245 City Council adjourned at 10:03 a.m. PASSED AND APPROVED this day of , 2001. i -ram JERRY LUECK MAYOR ATTEST: i Lydia Torres City Clerk NOTICE OF MEETING Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas To Be Held In The City Council Chambers Of The Memorial Auditorium, 1300 Seventh Street, On Tuesday, January 2, 2001 , Beginning At 8:30 a.m. City Council: Mayor Gerald Lueck - Councilors Arthur Bea Williams, Dan Shine, James Esther, William Altman, Johnny Burns, and Harold Hawkins 1 . Call to Order. 2. Invocation: 3. Presentations: Employee of the Month 4. Comments From The Public To Members Of The City Council On Items That Are Not On The City Council Agenda. (The Regular Agenda will begin upon completion of public comments, or no later than 9:00 a.m. Individuals who prior to this Council meeting signed up to speak, but could not be heard before 9:00 a.m. due to time constraints, may speak at the conclusion of the meeting.) 5. Approval of Minutes CONSENT AGENDA 6. Receive Minutes: a. Wichita Falls-Wichita County Public Health Board — October 27, 2000 b. Tax Increment Financing Board — December 12, 2000 City Council Agenda Tuesday, January 2, 2001 Page 2 REGULAR AGENDA 7. Public Hearings: a. A Public Hearing On Hazardous Structures. 8. Ordinances: a. Ordinance Declaring Certain Structures As Dangerous, In Violation Of Ordinance And Commanding Certain Action With Regard To Same. (City Council Bill #1) b. Ordinance Rezoning Approximately 10 Acres Out Of The J. R. McDowell Survey, Abstract 194, From Single Family-1 And Single Family-2 To Multifamily Residential Zoning And Amending The Comprehensive Land Use Plan. (City Council Bill #2) c. Ordinance Amending The Thoroughfare Plan Classification Of Professional Drive And Portions Of Rathgeber Road And Crestview Memorial Road From Major Collector To Minor Collector. (City Council Bill #3) d. Ordinance Renaming Crestview Road To Professional Drive. (City Council Bill #4) e. Ordinance Partially Waiving, Section 4620 B, Screening Requirements Of The Zoning Ordinance At 4015 Lake Park. Drive. (City Council Bill #5) f. Ordinance Making An Appropriation From The Tax Increment Financing (TIF) Fund In The Amount Not To Exceed $50,000 To The North Texas Visions Of Wichita Falls (Visions) For Staffing And Operational Purposes And Authorizing The City Manager To Execute An Agreement. (City Council Bill #6) g. Ordinance Amending Chapter 2, Art. IV Div. 5 Of The Code Of Ordinances Regarding Landmarks. (City Council Bill #7) City Council Agenda Tuesday, January 2, 2001 Page 3 9. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. 10. 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. 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 , 20 at o'clock (a.m.)(p.m.). City Clerk