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Min 02/04/2003 16 Wichita Falls, Texas Memorial Auditorium Building February 4, 2003 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: Bill Altman - Mayor Johnny Burns - Mayor Pro Tern Linda Ammons - Councilors James Esther, Jr - Michael Norrie - Harold Hawkins - James Berzina - City Manager Bill Sullivan - City Attorney Lydia Torres - City Clerk Arthur Bea Williams - Absent Mayor called the meeting to order. Item 2 The following persons spoke under public comments. Elvin Dudley, 2518 Sheppard's Glen, Realtor, submitted a proposal to Council for the purchase of the old "Shopper" building on Seymour Highway to use as the City's impound center. Proposed price is $350,000, which is the appraised value. Brenda Jarrett, 2610 Old Iowa Park Road, Youth Opportunity Director, asked for Council and community support in any and every fashion. She informed that they are opening an "I Am Academy" for 3-5 year olds to help shape these children in their formative years. Rachel Moreno, 2853 Hawes Rd., Iowa Park, Youth Opportunity Center Board member, informed that she is going to be the Director of the "I Am Academy" and said that they were going to instill a strong identity and message that everything is possible for these children. David Brock, 1819 Hines, said that he had been battling a problem in Sunnyside and is concerned about the lack of progress to resolve the problem of the prostitutes, drugs, and fires in Sunnyside and on his property. He said that he would continue to return to City Council every time they met to bring this up until it is resolved. He said he would not pay the fines assessed to him because it is his hard earned money and he would rather sit the time out in jail. City Manager invited Mr. Brock again to meet with him and the appropriate City Staff to discuss this. Scott Gaston, 5945 Kiel Lane asked for the City's help to install water lines in that area. He expressed concern about fire protection out there. City Manager invited Mr. Gaston to visit with Fire Chief Lindsey for an explanation of the fire protection that is set up out there. Mayor informed Mr. Gaston that he could ask any of the Council members to place this request on the agenda; however, he did not intend to place it on the agenda. He suggested that he submit to Council any new information or idea. Mayor also suggested that he speak with Public Works Director Scott Taylor regarding water lines. Mary Elizabeth Pierce, 3549 Parkhill Road, Founder and Executive Director of Hopes of Whispers Farm for handicap children, wants to cover an arena on her property, and requested a waiver on curb and gutter and sidewalk. Mayor suggested that she give all the information to Councilor Norrie, who is her Councilor. Guy Dunn, 4015 Featherston, Building Manager at 901 Indiana, expressed concern about the removal of the downtown traffic signal lights, and asked Council to consider allowing more time before removing them. She also asked that this be studied further and reconsidered before taking the lights out. 17 Item 3 Mayor asked for a moment of silence in memory of the Shuttle Columbia Crew and for their families. Mayor also mentioned the loss of Minnie Rhea Wood, who was a great asset to our community. Pastor Terry Bowman, Lamar Baptist Church, gave the invocation. Item 4 Ms. Kathleen Medina, Equipment Operator 1, Utility Equipment Services, was recognized as employee of the month for February 2003. Mayor presented Ms. Medina with a plaque, City pin, check, dinner for two, and golf passes. Item 5 The Minutes were approved as distributed. Item 6a A public hearing was held on hazardous structures. Mayor declared the public hearing open. Mr. Dave Clark provided information on the Restoration Permit that Council had previously approved. Mayor stepped out of Council Chambers, and Mayor Pro-Tem Burns presided over the meeting at this point. Mayor Pro Tern informed that they would hear from property owners according to the list of properties in the agenda book. 3216 Old Burk Highway, Charles Peters, 1613 Ridgemont, represented his father who is the property owner, and said that they are working to demolish the structure but need additional time. Mr. Clark suggested not exempting this property but allowing Staff to work with them in the demolition process. Councilor Hawkins suggested allowing them an additional 60 days for a total of 90 days to accomplish this. Councilor Esther expressed concern that when we go through this process there are always property owners who come and request an extension. Mrs. Rita Miller explained that Staff does not hear from the property owner until it is set to come before Council. 605 Roosevelt Dorothy Thomas Black, 1239 Cedar Haven Ave. Dallas, TX, partial owner, requested additional time to repair the structure. Mrs. Rita Miller informed that there had not been any activity at this location since May 1996 and the water was disconnected in 1992. 107 Whitfield Clarice Jones, 3503 Doolittle Dr., Arlington, TX, requested additional time to complete repairs. She showed pictures and informed that repairs had begun on this structure. Her contractor, Josie Rose, was present and informed that she estimated the cost of repairs at $1500. Mayor said Mrs. Jones had shown good faith and should be given an additional 90 days to bring the structure up to City Codes. 413 Fort Worth Hazel Perkins, 1419 Harris Lane, representing her mother, Susie Arps, who is deceased, agreed that the property needed to be demolished but she did not know what to do. Councilor Hawkins suggested that she let it sit and the City would demolish it, place a lien against the lot, and eventually take the lot for back taxes. Mrs. Perkins said it was fine with her and she would let it go. 18 Item 6a continued 1810 Polk Christina Rodriguez, 1305 Britain, agreed that the structure needed to be demolished but she needs additional time to accomplish this. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Item 7a ORDINANCE NO. 6-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, CLOSING PUBLIC 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; 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. 6-2003 be approved. Motion seconded by Councilor Norrie. Moved by Councilor Hawkins to amend the proposed ordinance allowing the property owners an additional ninety days to demolish the following properties: Item 1 — 3216 Old Burk Hwy., Charles Peters, Item 8— 1810 Polk, Christina Rodriguez. In the same motion the following properties were authorized a Restoration Permit, which included an additional ninety days, to repair the following properties: Item 2 —605 Roosevelt, Dorothy Thomas Black, Item 4 — 107 Whitfield, Clarice Jones. All four properties listed above will remain on the Demolition List. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Altman, Councilors Ammons, Esther, Norrie, Burns, and Hawkins Nays: None City Council recessed at 10:00 a.m. and reconvened at 10:17 a.m. Item 7b ORDINANCE NO. 7-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING THE CODE OF ORDINANCES, CHAPTER 94, STREETS, SIDEWALKS AND OTHER PLACES, ARTICLE II, CONSTRUCTION, ALTERATION AND REPAIR OF STREETS, SIDEWALKS, CURBS, DRIVEWAYS, AT DIVISION 4, SIDEWALKS, PROVIDING FOR INCLUSION IN THE CODE; PROVIDING A REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 19 Item 7b continued Moved by Councilor Ammons that Ordinance No. 7-2003 be approved. Motion seconded by Councilor Norrie. Moved by Councilor Ammons to amend Sec. 94-126. Intent. under SECTION 1 of the ordinance by deleting the last phrase after the word movement. Sentence would read as follows: "Sidewalks are intended to provide for safe pedestrian movement." Motion seconded by councilor Hawkins and carried by the following vote. Ayes: Mayor Altman, Councilors Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Altman, Councilors Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 7c ORDINANCE NO. 8-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING THE CODE OF ORDINANCES AT APPENDIX B, ZONING ORDINANCE, SECTION 3040 AND SECTION 3100, PLACING LIMITED AND COMMERCIAL DAY CARE CENTERS AS CONDITIONAL USES WITHIN SINGLE FAMILY RESIDENTIAL ZONING DISTRICTS; 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. 8-2003 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Altman, Councilors Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 7d ORDINANCE NO. 9-2003 ORDINANCE OFFICIALLY RENAMING STATE HIGHWAY 79 (SOUTH OF SOUTHWEST PKWY TO THE CITY LIMITS) TO ARCHER CITY HIGHWAY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ammons that Ordinance No. 9-2003 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Altman, Councilors Ammons, Esther, Norrie, Burns, and Hawkins Nays: None 20 Item 7e ORDINANCE NO. 10-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING THE CODE OF ORDINANCES, CITY OF WICHITA FALLS, TEXAS, APPENDIX B, ZONING ORDINANCE, REGARDING LIMITED MULTIFAMILY RESIDENTIAL REGULATIONS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Norrie that Ordinance No. 10-2003 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 8a RESOLUTION NO. 8-2003 RESOLUTION APPROVING A FOURTH GENERATION NON-ANNEXATION AGREEMENT WITH HOWMET CORPORATION, GUARANTEEING ITS IMMUNITY FROM ANNEXATION FOR A PERIOD OF FIVE YEARS BEGINNING JANUARY 1, 2002; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW { Moved by Councilor Burns that Resolution No. 8-2003 be passed. Motion seconded by Councilor Norrie and carried by the following vote. Ayes: Mayor Altman, Councilors Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 8b RESOLUTION NO. 9-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH RIVER BEND NATURE WORKS, INC., FOR THE OPERATION OF THE RIVER BEND NATURE WORKS CENTER; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ammons that Resolution No. 9-2003 be passed. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Altman, Councilors Ammons, Esther, Norrie, Burns and Hawkins Nays: None 21 Item 8c RESOLUTION NO. 10-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A SUPPLEMENTAL AGREEMENT WITH THE UNITED STATES OF AMERICA FOR THE FLOOD CONTROL OPERATIONS AT LAKE KEMP; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Esther that Resolution No. 10-2003 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 8d RESOLUTION NO. 11-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO ENDORSE AN APPLICATION TO THE WICHITA FALLS SALES TAX BOARD FOR THE PUBLIC SAFETY TRAINING CENTER; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Esther that Resolution No. 11-2003 be passed. Motion seconded by Councilor Norrie. Assistant City Manager Matt Benoit gave a presentation on the Public Safety Training Center. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 9a Councilor Ammons requested that Mr. Darron Leiker provide information on the removal of the downtown traffic signal lights. Mr. Leiker gave a brief presentation on the process and the steps leading to the removal of the signal lights. Councilor Esther expressed concern that some people do not adhere to the stop signs. Councilor Hawkins mentioned that speeding also needed to be addressed. Councilor Ammons mentioned outside signage for MPEC facilities. City Manager stated that they would look into that. Councilor Norrie mentioned that there is a piece of property on Lindale that is vacant and he has asked staff to look into that situation. He announced this because he hope; that the property owner will begin working on it. Councilor Norrie informed that he had received a phone call from a fire department soliciting donations to purchase fire equipment to be used in Wichita Falls, and he spoke with Chief Lindsey regarding this. He asked Chief Lindsey to provide information on this situation. Chief Lindsey informed that it was not the Wichita Falls Fire Department soliciting donations for equipment; it is the Wichita East Volunteer Fire Department who is doing that. He wanted to make it very clear that the City of Wichita Falls provides their equipment and they are not soliciting for any donations. 22 Item 9a continued Councilor Hawkins informed that he had received a call from the Deputy's Association but it is a group from outside of Wichita Falls. City Clerk informed that persons soliciting in the City are required to obtain a permit from her office. Councilor Norrie will provide pertinent information to the City Clerk. Councilor Esther asked that the assigned Council member be contacted when there is a citizen concern or complaint. Councilor Esther referred to the hazardous structures and requested that when information is given that it be done in a manner where the property owner can understand it. Councilor Hawkins stated that he had the first complaint on the Coliseum regarding the removal of dirt after an event. He asked that clean up efforts be looked into for better results. Councilor Hawkins said that he had also received complaints about the late charge to the water bill and the fact that the bill was sent out at different times each month. He mentioned the downtown signal lights and asked that Dr. Burross be allowed to comment. Dr. Clifford Burross, 2414 Brentwood, felt that the removal of traffic signal lights was a safety issue and that the entire issue should be reviewed. He mentioned the flashing lights at Southwest Parkway and Taft, and lights changing too fast. He asked that the City look at what to do to protect our public while traveling on the streets. Councilor Hawkins asked the City Manager to look into Park employees working on Sundays. Councilor Hawkins mentioned that a sanitation truck picking up refuse at his property had dumped half of the trash outside the sanitation truck and he requested that Mr. Scott Taylor look into sanitation pickup to make certain it is being done properly. Councilor Hawkins mentioned that someone suggested that the MPEC Exhibit Hall be named after Mrs. Gwendolyn Jackson because she did so much for our City. He suggested that we do something to recognize her contributions. Mayor thanked all the citizens for the acceptance and use of the Kay Yeager Coliseum. He thanked everyone for their patience in working through the problems that are always there when a new facility is opened. Those problems are being worked on to make things better such as the ticketing. It is clear that there was a demand for a facility like this in our area and it has been a wonderful experience. Item 9b Mrs. Jan Stricklin informed that the Falls Focus would be in the mail today. Item 9c City Council went into Executive Session at 11:55 a.m. as authorized by Section 551.074 of the Texas Government Code. City Council reconvened at 12:14 p. m. Mayor announced that there were no votes taken in executive session. Item 9d 1 Moved by Councilor Burns to appoint the following persons to the MPEC Board of Trustees. Mr. Jim Berzina, Place 3, term expires February 4, 2004 Mrs. Benay Ayres, Place 7, term expires February 4, 2005. Mrs. Ayers will replace Mr. Milburn Nutt. 23 Item 9d(1) continued Motion seconded by Councilor Norrie and carried by the following vote. Ayes: Mayor Altman, Councilors Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 9d 2 Moved by Councilor Burns to appoint the following persons to the Wichita Falls/Wichita County Multipurpose Events Center Corporation Board of Directors. Mr. Jim Berzina, Place 1, term expires February 4,2004 Mrs. Kay Yeager, Place 2, term expires February 4, 2004, Mrs. Benay Ayers, Place 3, term expires February 4, 2005 Mr. William Altman, Place 4, term expires February 4,2006 Mr. Mike Castles, Place 5, term expires February 4, 2006. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 9d(3) Moved by Councilor Burns to appoint Mr. Jim McElvain to Place 2 of the Aviation Advisory Board with term to expire December 31, 2005. Motion seconded by Councilor Norrie. Councilor Hawkins nominated Mr. John Lewing. Motion failed because of the following tie vote. Ayes: Mayor Altman, Councilors Norrie and Burns Nays: Councilors Ammons, Esther, and Hawkins Item 9d 4 Moved by Councilor Burns to remove the following persons from the Clean Community Commission for lack of attendance. Mr. Stanley Bell, Place 5, Mr. Stacey Blocker, Place 12, Mrs. Patsy Williams, Place 13 It was noted that Place 2 had been vacated by Mr. Cliff O'Neal who resigned. Motion seconded by Councilor Norrie and carried by the following vote. Ayes: Mayor Altman, Councilors Ammons, Esther, Norrie, Burns, and Hawkins Nays: None The City Council adjourned at 12:20 p.m. PASSED AND APPROVED this \,E� day of 2003. WILLIAM K. ALTMAN MAYOR ATTEST: 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, February 4, 2003, Beginning At 8:30 a.m. City Council: Mayor William K. Altman - Councilors Arthur Bea Williams, Linda Ammons, James Esther, Michael Norrie, Johnny Burns, and Harold Hawkins 1. Call to Order. 2. 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.) TELEVISED SERVICES TO BEGIN 3. Invocation: Pastor Terry Bowman Lamar Baptist Church 4. Presentations: Employee Of The Month 5. Approval of Minutes. REGULAR AGENDA 6. Public Hearing: a. Public Hearing On Hazardous Structures. City Council Agenda Tuesday, February 4, 2003 Page 2 7. Ordinances: a. An Ordinance Declaring Certain Structures As Dangerous, In Violation Of Ordinance And Commanding Certain Action With Regard To Same. (City Council Bill #15) b. Ordinance Amending Chapter 94, Streets, Sidewalks And Other Places, Article II, Construction, Alteration And Repair Of Streets, Sidewalks, Curbs, Driveways, At Division 4, Sidewalks. (City Council Bill #16) c. Ordinance Amending The Wichita Falls Code Of Ordinances, Appendix B, Zoning Ordinance, Section 3040 And Section 3100 Placing Limited And Commercial Day Care Centers As Conditional Uses Within Single-Family Residential Zoning Districts. (City Council Bill #17) d. Ordinance Officially Naming State Highway 79 Between Southwest Parkway And The City Limits To Archer City Highway. (City Council Bill #18) e. Ordinance Amending The Zoning Ordinance To Establish A Land Use Classification Of "Limited Multifamily Residential" To Allow Multiple Duplexes, Triplexes And Fourplexes As A Conditional Use In SF-1 And SF-2 Zoning Districts. (City Council Bill #19) 8. Resolutions: a. Resolution Approving A Fourth Generation Non-Annexation Agreement With Howmet Corporation, Guaranteeing Its Immunity From Annexation For A Period Of Five Years Beginning January 1 , 2002 (City Council Bill #20) b. Resolution Authorizing The City Manager To Execute A Lease Agreement With River Bend Nature Works, Inc., For The Operation Of The River Bend Nature Works Center. (City Council Bill #21) c. Resolution Authorizing The Mayor To Execute A Supplemental Agreement With The United States Of America For The Flood Control Operations At Lake Kemp. (City Council Bill #22) d. Resolution To Endorse An Application To The Wichita Falls Sales Tax Board For The Public Safety Training Center. (City Council Bill #23) City Council Agenda Tuesday, February 4, 2003 Page 3 9. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. c. Executive Session: (1) Consider Qualifications Of Possible Appointees To The Multi-Purpose Events Center Board Of Trustees, As Authorized By Section 551 .074 Of The Texas Government Code. d. Open Session: (1) Appointments To The Multi-Purpose Events Center Board Of Trustees. (2) Appointments To The Wichita Falls/Wichita County Multi- Purpose Events Center Corporation Board Of Directors. (3) Appointments To Aviation Advisory Board. (4) Action/Removal of Council Appointees To The Clean Community Commission. 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