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Min 05/04/2004 335 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building May 4, 2004 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: Bill Altman - Mayor Johnny Burns - Mayor Pro Tern Arthur Bea Williams - Councilors Linda Ammons - James Esther, Jr - Michael Norrie - Harold Hawkins - James Berzina - City Manager Bill Sullivan - City Attorney Lydia Torres-Ozuna - City Clerk Mayor called the meeting to order. Item 2 Pastor Ron Redding, Highland Heights Baptist Church, gave the invocation. Item 3 Gail Frazier, Laboratory Technician Assistant, Health Department, was recognized as employee of the month for May 2004. Mayor presented Ms. Frazier with a plaque, City pin, check, dinner for two, and Weeks Park Golf Course passes. Mayor proclaimed Tuesday, May 8-14, 2004 as "Armed Forces Week in Wichita Falls" and encouraged citizens to learn more about our Air Force and about the men and women in the Air Force by participating in the events they will host that week. Colonel Darrell Sims and Lt. Col. Tim Burke accepted the proclamation. Col. Sims informed that the theme is "Tradition of Heroes" and the events begin this Friday. He thanked this community and surrounding communities for recognizing the armed forces and for everything they do to make all the support for them so viable here in Wichita Falls. Colonel Sims will be leaving to go the Pentagon, and he personally thanked the Council for all their personal support in the past 22 months that he has been here. Mayor proclaimed the month of May as "Foster Care Month" and urged all citizens to share their talents to help in this program. Mr. Wayne Mansur, President, Wichita County Area Foster Parents Association, accepted the proclamation and invited everyone to attend the balloon launch being held this morning at 11:00 a.m. at MPEC to increase the awareness of the need for foster parents. Mayor proclaimed the week of May 9-15, 2004 as "Law Enforcement Week in Wichita Falls", and encouraged appropriate ceremonies to commemorate police officers, past and present. Friday, May 14, 2004 is Peace Officers Day in Wichita Falls. Chief Ken Coughlin accepted the proclamation. Mayor Pro Tern Johnny Burns read the proclamation proclaiming May 3-9, 2004 as "Respect for Law Week in Wichita Falls" and encouraged everyone to join with the Optimists Club members to exercise responsible citizenship. Mr. Joe Emmanuel, Optimist Club President, accepted the proclamation. 336 Item 4 The Minutes were deferred until next Council meeting for an addition requested by Councilor Williams. Councilors Ammons and Norrie stepped out of Council Chambers. Items 5a-5b City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Williams that the Consent Agenda be approved. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Burns, and Hawkins Nays: None Items 5a-5b Minutes of the following board and commission meetings were received. a. Wichita Falls Park Board — March 25, 2004 b. Wichita Falls Traffic Safety Commission — March 3, 2004 Councilors Ammons and Norrie returned to Council Chambers. Item 6a A public hearing was held on the proposed use of Community Development Block Grant (CDBG) and HOME Program Funds for the Consolidated Plan One-Year Action Plan. Mayor declared the public hearing open. Mr. David Clark informed that this year the City would receive $1,641,000 as its 2004-2005 CDBG grant and $574,594.00 in HOME funding. This is the first of two public hearings to receive citizen input, especially from low and moderate-income persons, for the proposed spending under the One-Year Action Plan of the City's Consolidated Plan. He provided the eligibility criteria. Mr. Clark informed that the Outside Agency Funding Council Subcommittee would meet with each applicant in June and develop a proposed list of projects. The second and final public hearing will be held in July. Councilor Williams stated that somebody should be using this money and we need to start thinking seriously about getting more people involved in that program. Councilor Hawkins asked how much we were using annually. Mr. Clark replied that there is a measurement and it is a lifetime use; we do use all the funds Councilor Ammons asked about foreclosures. Mr. Clark informed that there had been one foreclosure that he was aware of. There is pretty good success with this program and an indicator is the number of new building permits in the eastern part of the City. We have an Emergency Minor Repair Program and a Homestead Program that we offer low-moderate people, and these programs are being utilized. Councilor Williams asked if we are also taking a look in the eastern part of the City. Mr. Clark replied that coverage of funds is for low-moderate income families. He noted that one home is going up in the City View area and another across from the Tanglewood area. Councilor Ammons asked how many families we had in the $200,000 budget. Mr. Clark replied that it is not all used for housing programs. Councilor Ammons asked how many were assisted under the Emergency Repair Program. Mr. Clark replied that approximately 20-30 families were served, but it goes beyond that because of such programs as Christmas in April, which does about 90 houses a year. The total is about 150 houses. 337 Item 6a continued Councilor Esther asked if that covered sewer lines. Mr. Clark stated that some of those do consider sewer lines. He informed that construction of seven sewer lines on Bebe Lane is completed but only one family has been served. We still have five more families that we need to work with to see if their income qualifies for the funding. Mr. Scott Taylor informed that the sewer line on Bebe Lane couldn't be continued because gravity had taken over and we ran out of cover so we will need to look at another route to serve those other five houses. Councilor Hawkins stated that a builder contacted him and wanted to know if there were any programs available to obtain lots for low-moderate income families. He asked that staff look at that as an additional source to help the builders build homes for low-moderate income families. Mr. Clark informed that we already do that noting that the house in the City View area was a trustee lot. Councilor Hawkins felt that the builders needed to know what was available to them in this regard. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Item 7a ORDINANCE NO. 35-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR ADDITIONAL GRANT REVENUE FROM THE STATE OF TEXAS FOR THE TEXAS DEPARTMENT OF TRANSPORTATION SELECTIVE ENFORCEMENT PROGRAM WAVE GRANT (FY 2004) FOR TRAFFIC ENFORCEMENT, AND AUTHORIZING THE CITY MANAGER TO ACCEPT SAME; 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. 35-2004 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 7b ORDINANCE NO. 36-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING ARTICLE VI, PARKING METERS, OFTHE 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 Williams that Ordinance No. 36-2004 be passed. Motion seconded by Councilor Esther. Municpal Court is working to identify fines that were collected including any penalties, and the City will be making an effort to refund those fees. The parking meters will be covered until this ordinance takes effect in thirty days. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None 338 Mayor acknowledged the two guests in the audience from our sister city Furstenfeldbruck. Mr. Matt Benoit introduced the two gentlemen, Mr. Heinze Wimmer and Mr. Hubert Braun. Mr. Wimmer brought greetings from Mayor Kellerer and other Furstenfeldbruck officials. Mayor welcomed them to our City. Item 8a RESOLUTION NO. 64-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO DEVELOP A FINANCING PLAN TO PURCHASE A FIRE LADDER TRUCK AND ENDORSING AN APPLICATION TO THE 4B BOARD OF DIRECTORS IF NECESSARY; 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. 64-2004 be passed. Motion seconded by Councilor Burns. City Manager informed that this was an $800,000 purchase. We would have to order before August in order to avoid an $80,000 increase due to the increased cost of steel. I am asking for Council's permission to go to the 4B Board to request some funding. Councilor Burns asked if the intent is to purchase the truck before August. City Manager stated that we would want to order the truck before August. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 8b RESOLUTION NO. 65-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING CHANGE ORDER #3 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 Councilor Burns stepped out of Council Chambers. Moved by Councilor Ammons that Resolution No. 65-2004 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Hawkins Nays: None Councilor Burns returned to Council Chambers. Item 9a Councilor Ammons informed the citizens that any questions regarding appraised property value should be directed to the Wichita Appraisal District. Councilor Ammons asked Chief Coughlin if going to VRJC affected the accreditation that was mentioned in their Proclamation earlier this morning. Chief Coughlin informed that they had stepped away from National accreditation. There was some benefit early on but we have seen that it cost us more than it was helping us. There is a move to be accredited 339 Item 9a continued through the State, but we do not see the value of National accreditation. We are not stepping away from the standards only the accreditation. Councilor Esther stated that we needed to do something about the grass on Maurine Street; it is unsightly. Councilor Hawkins asked who was authorized to sound the emergency warning sirens. City Manager informed that there are five persons and they are listed in the Emergency Procedure Manual. Mrs. Jan Stricklin reported that as of yesterday she had received approval from the State on the annexes to the Basic Emergency Plan. There are other annexes that are being worked on such as the Donations Management Annex and the Mitigation Annex. She informed that the Mayor is the ultimate authority over Emergency Management. She gave the following list of persons authorized to sound the warning sirens: City Manager, Emergency Management Administrator, Emergency Management Coordinator, and Emergency Management Coordinator Assistant. Also, in the event these persons cannot be reached, the Police Department Dispatch would then have the authority to sound the sirens in a state of emergency. Councilor Hawkins stated that there had been a lot of questions about this because the sirens were not sounded and should have been, and when they were sounded there was criticism about the Police Chief because of this. The citizens are asking who has the authority. Mrs. Stricklin replied that if there is an emergency the Police Department dispatch would today call the Emergency Management Coordinator and if they were unable to contact that coordinator they would call the Emergency Management Assistant. If they could not reach the assistant they would call me. If none of these persons could be reached and it became imminent, dispatch has the right to make that call. Mayor clarified that this would apply only in specified situations. In other words, if there is threatening weather there is an enumerated list of people who can, using their judgment, call it. However, there is a separate category, for example if there is aconfirmed tornado on the ground then dispatch or the Police Chief or anyone can call it, but there are certain criteria. Those specific criteria do not have to be met for one of the enumerated people to be able to call it. Basically there are two categories and the Police Chief called it under the second category based on information he received, which indicated to him that the second criteria was met. The Police Chief did the appropriate thing based upon the information he was given. The question is did he receive good information, but clearly what he did was appropriate under the circumstances. Councilor Hawkins mentioned that we had spent over $800,000 on an emergency warning system that included voice capability and the only time we use it is when we are testing the sirens. To what extent does this system work; can you isolate areas and certain sirens or does the telecast go to everyone? Mrs. Stricklin replied that we had spent $600,000 for the system and we do have voice capability and it can be sectioned off in four different directions— south, north, east, and west. It can be utilized to do voice messaging in each section or in all sections. She gave examples such as a flood or HAZMAT spill. For all situations other than tornado or thunderstorm activities it would be good usage, but we have not used it because we have not had those situations. From a standpoint of a serious weather condition, I am reluctant to announce that there is a tornado on the north side but all is clear on the south side, because we do not know which direction that tornado is going to take. The sirens are built to alarm people and to tell them to take cover, to go inside. If we use the voice activation, what is going to happen is that the people will go outside so they can hear. We do have some good opportunities to use voice activation but it needs to be used for something other than weather threats. What is supposed to happen is that when a warning or a threat of weather has subsided then you could use it to communicate with the people. She informed that testing showed that at 5,000 feet the audio diminishes and people have to get outside to listen. If we need to use it we will. City Manager commented that the way we have set this up to work is if we are under a storm situation of any type, our Emergency Management Coordinator goes out to the Weather Center. That person is there, is trained, and has the benefit of the radar, the storm spotters, and all the reports that come through there. We designated a person or two to be there to handle the input of all that information. We may get caught a little short if it is a sudden quick storm but even at that they run out there to get the input as it comes in to the Weather Center. 340 Item 9a continued Councilor Hawkins commented that we used to have the feed directed to the Police Department but since we have updated the systems the Emergency Management Coordinator goes to TV-3 for storm information. Mayor clarified that by State law he has certain responsibilities. As far as a practical matter he is not immediately on the list to call. By State law I am the over all Emergency Manager so I can make those decisions, but in the process that we use I am not the person to call. They call other people before they ever get to me, although they could call me if they wanted to. Councilor Norrie mentioned that where he saw the voice activation being used is calling an "all clear". He mentioned that when this last siren was sounded he was close to Ben Franklin School where his child attends so he went there. Later he spoke to the principal who told him he was very pleased because he felt it was better to have the sirens go off for the safety of the citizens than not, and I agree. There is no malice or intent here and what we need to do is to learn from something like this. I applaud Chief Coughlin for making that decision and I would support any type decision in the future. Mrs. Stricklin informed that as soon as the National Weather Service Center puts out a weather storm warning we are there watching. We monitor and watch the weather at all times. I made a statement that the Chief made the right decision for the protection of the citizens. We have a good system but all systems need some tweaking. We are not going to let a weather situation where Emergency Management or the Police Department does not respond. Councilor Hawkins stated that the City has no say on property values only the Wichita Appraisal District, which is a State authority monitored by them. We will be glad to work with you to show you how the tax assessment was arrived at or if there is an error how to deal with it. He posed a question to the property owners asking if they would sell their house for what it is appraised. Councilor Hawkins thanked the City for the light poles that will be erected in the middle of Missile Road. Our entire neighborhood will be better protected. Councilor Williams stated that some of our employees, and that includes Mrs. Stricklin and Chief Coughlin, have been unnecessarily and unduly excoriated in the public, and I don't think that is a fair thing for them. They work for the City of Wichita Falls, right or wrong what they do is for and on behalf of the citizens of City of Wichita Falls. Each one of them works under the City Manager who is hired by the Council, so ultimately even in the performance of their duties it comes back to the Councilors. When you criticize them, technically, you should be taking up your business with the Councilors who are the ones that can hire and fire the person who assigns them their responsibilities. When this mess came up I called the Police Chief to remind him that I supported him and had no intention of accepting or wanting his resignation. I didn't care what he did, I didn't want his resignation. It didn't have any thing to do with his character; it didn't have anything to do with his job performance; it had to do with something the Council wanted. The same thing happens for the Personnel Officer and Civil Service Director. When her job is not done properly her boss will tell her or we will tell her boss we want him to look at that. People who anonymously jump on City employees for doing their job would be the same thing as if it was Community Development, Public Works, etc. They work for the City Manager, but ultimately, the buck stops with the Council. We got very little criticism and I get $300 a month to take this public criticism, but I never came to work thinking I was going to win any popularity contest and I sure won't after today. I think our City employees in the performance of their duties have taken unnecessary hits and particularly those who choose to throw rocks and hide their hands behind anonymity. If those of us who assume these responsibilities do not speak out for them they become fair game and I know you become fair game for criticism but the kind of criticism they have taken especially when it is anonymous is unnecessary, uncalled for, and certainly unwarranted. Councilor Burns stated that he could have written that statement. He stated that he is glad that two of the issues that he has wanted to get resolved, the parking meters and the fire truck, are being taken care of. Councilor Norrie expressed appreciation on the discussion of the sirens. Hopefully we will have a better system to safeguard our citizens. Councilor Norrie mentioned Col. Darrel Sims and Lt. Col. Tim Burke and said that he enjoyed this morning's presentation. He appreciates the involvement that the Mayor and 341 Item 9a continued other Council members have with SAFB. We have a great relationship with them and it can only get better. The SAFB leadership is made up of top-notch individuals, personally and professionally. Councilor Norrie set a rumor to rest that the Police Department was being looked at so that they would not be able to take the police vehicles home. He has contacted Mrs. Stricklin who informed him that unequivocally that was not being looked at and that it was not the case. He stated that this can be put to rest right now. Councilor Norrie asked that Staff look into locating an appropriate area for employees to smoke outside so persons entering City Hall do not have to go through the smoke. Mayor informed that he had the privilege of representing the Council at the new worship center of the New Jerusalem Baptist Church, which is pastored by Rev. Angus Thompson. He congratulated the congregation and Pastor Thompson. Item 9b City Manager informed that he would bring Council some resolve to Councilor Norrie's request regarding a smoking area. City Clerk provided election information for the upcoming May 15, 2004 Municipal Election. City Manager informed that Staff is preparing a Community Development tour of the housing program. Item 9c City Council went into Executive Session at 10:30 a.m. as authorized by Section 551.074 of the Texas Government Code. City Council reconvened at 11:50 a. m. Mayor announced that no votes were taken in Executive Session. Item 10 Mayor announced that no one signed up to speak under Public Comments. City Council adjourned at 11:56 a. m. PASSED AND APPROVED this day of WOLU, 2004. 1A_J I �LAIV-% k WILLIAM K. ALTMAN MAYOR ATTEST: Lydia Torres-Ozuna City Clerk 1 1 1 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, May 4, 2004, 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. Invocation: Pastor Ron Redding Highland Heights Baptist Church 3. Presentations: Employee Of The Month 4. Approval of Minutes. CONSENT AGENDA 5. Receive Minutes: a. Wichita Falls Park Board Meeting — March 25, 2004 b. Wichita Falls Traffic Safety Commission — March 3, 2004 REGULAR AGENDA 6. Public Hearing: a. Public Hearing On The Proposed Use Of Community Development Block Grant (CDBG) And HOME Program Funds For The Consolidated Plan One-Year Action Plan. City Council Agenda Tuesday, May 4, 2004 Page 2 7. Ordinances: a. Ordinance Making An Appropriation To The Special Revenue Fund For Additional Grant Revenue From The State Of Texas For The Texas Department Of Transportation Selective Traffic Enforcement Program (Step) Wave Grant FY 2004 For Traffic Enforcement And Authorizing The City Manager To Accept Same. (City Council Bill #105) b. (City Council Bill #106) 8. Resolutions: a. Resolution Authorizing The City Manager To Develop A Financing Plan To Purchase A Fire Ladder Truck And Endorsing An Application To The 4B Board Of Directors If Necessary. (City Council Bill #107) b. Resolution Authorizing Change Order #3 For The Public Safety Training Center. (City Council Bill #108) 9. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. END OF TELEVISED SEGMENT 10. Comments From The Public To Members Of The City Council Concerning Items That Are Not On The City Council Agenda. RESUME TELEVISED SEGMENT 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 City Council Agenda Tuesday, May 4, 2004 Page 3 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