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Min 10/02/2001 438 Wichita Falls, Texas Memorial Auditorium Building October 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 Bill Altman - Mayor Pro Tern Arthur Bea Williams - Councilors Linda Ammons - James Esther, Jr - Johnny Burns - Harold Hawkins - James Berzina - City Manager Bill Sullivan - City Attorney Lydia Torres - City Clerk Mayor called the meeting to order. Reverend Thomas Handrick mentioned that Ret. Col. Bob Haley, who was the Assistant City Manager in 1978-1979 had passed away. Ret. Col. Haley's funeral will be held this afternoon. Reverend Thomas Handrick, St. Paul Lutheran Church, gave the invocation. Item 3 Mr. Lamont Taylor, Parks Maintenance Worker II, was recognized as Employee of the Month for the month of October. Mayor presented Mr. Taylor with a plaque, check dinner for two and theater passes. Item 4 Howard Morris, 3631 Maplewood, and David O'Neal, 2410 Ellingham, were representing the Wichita County Heritage Society. They expressed appreciation to the City for their support and especially to Bob Parker, Jack Murphy and Dave Clark for the wonderful support they and their staff provided. Mr. Morris and Mr. O'Neal invited everyone to attend Trade Days at the Farmers Market and presented tickets for the employees of the three aforementioned City departments as a token of appreciation. Mr. Morris commended the unselfish and dedicated attitude of the City employees. He mentioned various instances where the employees went over and above their responsibilities by giving of their own time to help the Heritage Society complete different projects. David Brock, 1819 Hines, complained about one City employee having the authority to single-handedly interpret the animal control ordinance his own way. He felt that the animal ordinance should be reviewed. 439 Item 5 The Minutes were approved as corrected. Item 6a-7f City Manager gave a briefing on the items listed under the Consent Agenda. Mayor requested that Item 6a be moved to the Regular Agenda. Moved by Councilor Hawkins that the Consent Agenda be approved with the exception of Item 6a. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 6b RESOLUTION NO. 120-2001 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTEA CONTRACT WITH WORK SERVICES CORPORATION FOR SERVICES PROVIDED BY VOCATIONALLY HANDICAPPED PERSONS; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 7a Minutes of the following board and commission meetings were received. a. Landmark Commission —August 30, 2001 b. Planning and Zoning Commission — September 12, 2001 c. Wichita Falls Economic Development Corporation —July 3, 2001 d. Construction Board of Adjustment and Appeals — September 17, 2001 e. Wichita Falls Traffic Safety Commission — September 5, 2001 f. Clean Community Commission — September 11, 2001 Item 6a RESOLUTION NO. 119-2001 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS WITH SEVERAL COMMUNITY SERVICE ORGANIZATIONS AND ORGANIZATIONS THAT PROMOTE THE CONVENTION AND TOURISM INDUSTRY; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Resolution No. 119-2001 be passed. Motion seconded by Councilor Burns. Mayor asked why the City taxpayers had to pay for roofing the Salvation Army. Mr. Dave Clark informed that the Council subcommittee met and approved this funding for the Salvation Army. Councilor Hawkins explained that these are CDBG funds, which come back from Washington, D.C. and are used to help those with low incomes and minorities. It is a worthwhile project; otherwise it would fall to the citizens to provide that shelter. Councilor Williams noted that according to the CDBG funding structure it never has and probably never will receive any funds from the assessment of property taxes. Therefore, you 440 Item 6a continued cannot make a connection to the assessment of taxes to the citizens of Wichita Falls and the funding to recipients of CDBG funds. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 8a A proposed ordinance was presented amending Section 5905 of Appendix B, Zoning Ordinance, of the Code of Ordinances, and various other sections as each pertains to the regulation of coin-operated amusement machines. Moved by Councilor Esther that proposed ordinance be passed. Motion seconded by Councilor Williams. Councilor Altman commented that the proposed ordinance would be more liberal than State law depending on the floor space. According to the proposed ordinance a coin-operated amusement machine could operate within 300 feet of a church, school, or hospital if less than 50% of the gross floor space was utilized for these machines. Councilor Hawkins stated that the 50% rule denotes primary purposes vs. secondary purposes and we have the right to regulate where the primary use is. City Attorney mentioned that Council may want to consider placing an emergency clause in this proposed ordinance if it is passed or you will have a thirty day gap without a regulation in effect. Moved by Councilor Altman to amend Section 1(a) of the proposed ordinance by deleting the phrase "within a coin-operated amusement machines establishment as defined herein" and adding the word "be" after the phrase "shall not", and changing the word `operate" to "operated". Section 1(a) would read as follows: "A coin-operated amusement machine shall not be operated within 300 feet of a church, school, or hospital." Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Councilors Williams, Ammons, Altman, and Esther Nays: Mayor Lueck, Councilors Burns and Hawkins The issue of a grandfather clause for the machines currently in operation was discussed. Councilor Altman suggested amending the proposed ordinance to add a grandfather clause and an emergency clause. Moved by Councilor Altman to temporarily table this item to allow the City Attorney an opportunity to prepare wording for a grandfather clause and an emergency clause. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None 441 Item 8b ORDINANCE NO. 96-2001 ORDINANCE AMENDING APPENDIX B, ZONING ORDINANCE SECTION 5600 REGARDING RECREATIONAL VEHICLE PARKS AND RELATED DEFINITIONS THEREIN; RETITLING CHAPTER 82, ARTICLE VI 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 Hawkins that Ordinance No. 96-2001 be passed. Motion seconded by Councilor Burns. Moved by Councilor Altman to delete item A. 4. "Reflect the image of the City" in Attachment A of the proposed ordinance. Motion seconded by Councilor Burns and carried by the following vote Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 8c A proposed ordinance was presented rezoning 4003 Gossett, Lot 1, Block 13, White Acres Subdivision, from Single Family residential to General Commercial and amending the Land Use Plan for 4001 & 4003 Gossett. Moved by Councilor Williams that Ordinance No. 97-2001 be passed. Motion seconded by Councilor Esther. Some Council members expressed concern about commercial intrusion into the neighborhoods. Mr. Dave Clark mentioned that it is a policy decision on how much Council wishes to stay within or alter the Land Use Plan. Councilor Altman commented that there are uses other than sales offices that might not be compatible with that area if zoned General Commercial. If we went Limited Commercial only businesses like professional offices could be put in. Mr. Clark agreed that it may be more appropriate to go Limited Commercial. Councilor Burns noted that Council could not make a change to zone this location Limited Commercial because the property owner's request was to zone it General Commercial. Mr. Clark concurred that the owner would have to be notified. Councilor Altman stated that he would not object to rezoning the first and second lots to Limited Commercial. Motion failed by the following vote. Ayes: Councilors Williams, Burns, and Hawkins Nays: Mayor Lueck, Councilors Ammons, Esther, and Altman Mr. Clark stated that they would talk to the owner and bring this back to Council. 442 Item 8d ORDINANCE NO. 97-2001 AN ORDINANCE AMENDING ORDINANCE NO. 56-86, AUTHORIZING THE CITY OF WICHITA FALLS, TEXAS WATER AND SEWER REFUNDING REVENUE BONDS, SERIES 1986 AND OTHER ORDINANCES RELATING TO THE CITY'S WATER AND SEWER SYSTEM BONDS; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY Moved by Councilor Williams that Ordinance No. 97-2001 be passed. Motion seconded by Councilor Ammons. Murphy Davis, Sentry Management, 22 Chateau, informed Council on the results of the sale. Mr. Davis noted that the rates were very good and he was very pleased with the financing and the way it was done. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 8e ORDINANCE NO. 98-2001 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES TO PROVIDE FOR CERTAIN CHANGES IN REGULATIONS FOR THE LICENSING AND BONDING OF CONTRACTORS; 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 Esther that Ordinance No. 98-2001 be passed. Motion seconded by Councilor Williams. Councilor Altman stated that because of a conflict of interest under State statutes it would be inappropriate for him to participate in the discussion of this item so he will abstain. Councilor Altman informed that he owns commercial property that is directly affected by some sections in this proposed ordinance so they potentially apply to his interest specifically, as opposed to the general public as a whole. City Council recessed at 10:00 a.m. and reconvened at 10:25 a.m. Councilor Altman was not present in Council Chambers. Item 8e continued Mr. Dave Clark gave a summary of the proposed changes. Mr. Clark requested that a change be made in Section 1 (b) by deleting the phrase "shall expire December 31 of each year and". Moved by Councilor Hawkins to amend Section 1 (b) by deleting the phrase "shall expire December 31 of each year and". Section 1 (b) would then read "Licenses must be renewed annually in order to acquire building permits or continue work on currently issued building permits". Motion seconded by Mayor Lueck and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Burns, and Hawkins 443 Item 8e continued Nays: None Mr. Clark stated that the Construction Board of Adjustment and Appeals worked on this with the Landmark Association, the American Institute of Architects, Home Builders and Construction Specifications Institute, keeping in mind the citizens concerns. Mr. Clark summarized the proposed changes and noted that this ordinance is less restrictive than the current one. Councilor Ammons asked if the residential could be separated from the commercial for voting purposes. City Attorney stated that he did not think it could be separated out since it was submitted in its entirety. The following persons spoke in favor of this ordinance. Charles Barr, 2100 Indian Heights, President Homebuilders Association. David Brock 1819 Hines Troy Secord, 1505 Chaparral, Burkburnett, member of AIA and CSI Nathan Brown, 4215 Rivercrest, North Texas Rental Association Jack Lebow, 1532 Sweetbriar, Architect Ruby Ditto, 1301 Buchanan Rick Graham, 1340 N. Saratoga Trail, spoke against the proposed ordinance. Vida Cooke, 708 Warford, with S&C Properties, did not think there should be a requirement on them whether working on commercial or residential property. She asked Council to consider this in their amendments. Councilor Altman returned to Council Chambers. Councilor Ammons stated that because this cannot be separated out she is going to abstain from voting. Main motion as amended carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Esther, Burns, and Hawkins Nays: None Abstentions: Councilors Ammons and Altman Item 8f ORDINANCE NO. 99-2001 ORDINANCE MAKING AN APPROPRIATION IN THE SPECIAL REVENUE FUND FOR FUNDS RECEIVED FROM THE TELECOMMUNICATIONS INFRASTRUCTURE FUND BOARD TO ENHANCE INTERNET ACCESS AND COMPUTER RELATED SERVICES AT THE LIBRARY, AND AUTHORIZING MATCHING FUNDS RELATED THERETO; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Burns that Ordinance No. 99-2001 be passed. Motion seconded by Councilor Altman and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None 444 Item 9a RESOLUTION NO. 121-2001 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS AMENDING RESOLUTION NO. 80-2000, GOVERNING RULES OF PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF WICHITA FALLS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Resolution No. 121-2001 be passed. Motion seconded by Councilor Altman. Councilor Altman stated that this leaves the City Manager the flexibility to set the order of the meeting. David Brock, 1819 Hines, spoke against not televising the public comments. Councilor Burns stated that no one is limiting or restricting citizen participation in City government, we are encouraging citizen participation. He felt that during some of the public comments, misinformation along with unsubstantiated allegations and slanderous remarks about the staff and Council were being made without being able to respond because of rule restrictions. Therefore, misinformation is given to the public. Providing misinformation and unwarranted criticism does not add but detracts from the meeting. I think we have been unfair to the employees and the Council by allowing misinformation and unwarranted criticism. He added that if a valid concern comes up during public comments, the Mayor or three Councilors could put it on a future agenda. Motion carried by the following vote. Ayes: Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: Mayor Lueck Item 8a ORDINANCE NO. 95-2001 ORDINANCE AMENDING SECTION 5905 OF APPENDIX B, ZONING ORDINANCE, OF THE CODE OF ORDINANCES, AND VARIOUS OTHER SECTIONS AS EACH PERTAINS TO THE REGULATION OF COIN-OPERATED AMUSEMENT MACHINES; 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 to remove Item 8a from the table. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None City Attorney proposed the following language to amend this ordinance. Add "Section 7" to read "Coin operated machines in use October 2, 2001 not in conformance with this ordinance shall be permitted to continue." Also, add "Section 8" to read "Due to potential adverse affects on public health, safety and general welfare this ordinance shall be determined an emergency and shall become effective immediately upon passage." Moved by Councilor Altman to amend proposed ordinance by adding Section 7 and Section 8 as stated first above by the City Attorney. Motion seconded by Councilor Williams. Councilor Hawkins offered the following change to Councilor Altman's proposed amendment: In Section 7 include the wording "or their replacement " after October 2, 2001. 445 Item 8a continued Councilor Altman did not accept Councilor Hawkins' change to his amendment. Motion carried by the following vote. Ayes: Councilors Williams, Ammons, Esther, Altman, and Burns Nays: Mayor Lueck and Councilor Hawkins Main motion as amended carried by the following vote. Ayes: Councilors Williams, Ammons, Esther, and Altman Nays: Mayor Lueck, Councilors Burns and Hawkins Item 10a Councilor Ammons asked if the sign ordinance (No. 67-66) could be amended to allow directional signs for open houses and parade of homes in the right of way. City Manager was opposed to this because he felt that once this is allowed it would open the door for every kind of sign in the right of way. There is a proliferation of signs and it could become a hazard. Councilor Ammons suggested that the complexion of the MPO be changed to reflect people other than City Staff. She suggested that the State be included. City Manager stated that he would be happy to discuss any ideas with her. Councilor Altman referred to the signs in the right of way and stated that the City Manager cannot do anything about the sign ordinance because it needs to be put before the whole Council just like a City employee cannot change policy. Councilor Esther expressed concern with crime and asked how they can handle the repeat offenders in their neighborhoods. It leaves the appearance that we are not doing anything about those who are repeat offenders. He mentioned that there are parents who encourage this type of behavior. Chief Coughlin explained that they have to protect the constitutional rights of the citizens unless the officers have some reasonable proof that they are breaking the law, we cannot take any action unless they have some evidence of wrong doing and suspicion is not enough. Councilor Esther asked what could the average citizen do to get rid of this type of environment? Chief Coughlin replied that citizens should give the Police input and let them know when they think something illegal is going on and it will be investigated. Councilor Hawkins asked that Staff work with Sheppard Air Force Base on how to handle the traffic in front of the Base. Item 10b David Clark invited everyone to attend the open house at 1607 Giddings which was rehabbed under the Urban Homestead Program. City Manager informed that he was not able to have someone from BCI here today but they will be here at the next Council meeting. City Manager informed that the internal audit of the Police Department will begin soon. City Manager asked to be excused from the joint redistricting meeting being held at 2:00 p.m. today since he is going to attend Mr. Bob Haley's funeral. 446 Item 11 The City Council recessed at 12:10 p.m. The City Council reconvened at 2:00 p.m. All Council members were present as well as the following Redistricting Advisory Committee members. Ruby Ditto, Ted Drummond, Lee Grace, Dawn Murer, Forrest Ward, Jr., James Armendarez, Bill Thacker, Warren Ayres, Andy Austin, Tom Cross, Ann Kisor A joint redistricting meeting was held between the City Council and the Redistricting Advisory Committee. Professors David Guinn and Mike Morrison, redistricting consultants were present. Professor Morrison explained the process as well as what had taken place up to date. Professor Guinn provided an update on the federal courts regarding redistricting issues. Professors Morrison and Guinn gave a complete and detailed explanation of the proposed plan and the legal requirements. Questions from the Council and the Committee were addressed at length and to the satisfaction of both bodies. As a vote of approval from the Committee the following action was taken. Moved by Mr. Bill Thacker, Committee member, to approve the proposed plan. Motion seconded by Mrs. Ann Kisor and carried unanimously by the Redistricting Advisory Committee members. Professor Guinn informed that Council needed to hold a public hearing and he suggested it be held in the evening. Professors Guinn and Morrison will work with the City Clerk to set a time for the public hearing. The City Council adjourned at 3:40 p.m. PASSED AND APPROVED this day of VU1142001. J RY LUECK MAYOR ATTEST: i� A ''a ) (� Lydia Torres City Clerk i , 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, October 2, 2001, Beginning At 8:30 a.m. City Council: Mayor Gerald Lueck - Councilors Arthur Bea Williams, Linda Ammons, James Esther, William Altman, Johnny Burns, and Harold Hawkins 1 . Call to Order. 2. Invocation: Pastor Jerry Reed Liberty Baptist Church 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. Resolutions: a. Resolution Authorizing The City Manager To Execute Contracts With Several Community Service Organizations And Organizations That Promote The Convention And Tourism Industry. (City Council Bill #234) b. Resolution Authorizing The City Manager To Execute A Contract With Work Services Corporation For Services Provided By Vocationally Handicapped Persons. (City Council Bill #235) 7. Receive Minutes: City Council Agenda Tuesday, October 2, 2001 Page 2 a. Landmark Commission - August 30, 2001 b. Planning & Zoning Commission - September 12, 2001 c. Wichita Falls Economic Development Corporation - July 3, 2001 d. Construction Board Of Adjustment And Appeals - September 17, 2001 e. Wichita Falls Traffic Safety Commission - September 5, 2001 f. Clean Community Commission — September 11 , 2001 REGULAR AGENDA 8. Ordinances: a. An Ordinance Amending Section 5905 Of Appendix B, Zoning Ordinance, Of The Code Of Ordinances And Various Other Sections As Each Pertains To The Regulation Of Coin-Operated Amusement Machines (City Council Bill #236). b. Ordinance Amending Appendix B, Zoning Ordinance Section 5600 Regarding Recreational Vehicle Parks And Related Definitions Therein And Retitling Chapter 82, Article VI Of The Code Of Ordinances. (City Council Bill #237) c. Ordinance Rezoning 4003 Gossett, Lot 1 , Block 13, White Acres Subdivision, From Single Family Residential To General Commercial And Amending The Land Use Plan. (City Council Bill #238) d. Ordinance Amending An Ordinance Authorizing The City Of Wichita Falls, Texas Water And Sewer System Refunding Revenue Bonds, Series 1986 And Other Ordinances Relating To The City's Water And Sewer System. (City Council Bill #239) e. Ordinance Amending Chapter 22 Of The Wichita Falls Code Of Ordinances To Provide For Certain Changes In Regulations For The Licensing And Bonding Of Contractors. (City Council Bill #240) f. Ordinance Making An Appropriation In The Special Revenue Fund For Funds Received From The Telecommunications Infrastructure Fund Board To Enhance Internet Access And City Council Agenda Tuesday, October 2, 2001 Page 3 Computer Related Services At The Library, And Authorizing Matching Funds Related Thereto. (City Council Bill #241) 9. Resolutions: a. Resolution Amending Resolution No. 80-2000, Governing Rules Of Procedure For The City Council Of The City Of Wichita Falls. (City Council Bill #242) 10. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. 11 . Recess Until 2:00 p.m. - Discussion Of 2001 Redistricting Plan With Redistricting Advisory Committee (David Guinn and Mike Morrison). 12. 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