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Min 07/21/2009 ` 631 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building July 21, 2009 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. Rick Hatcher - Mayor Pro Tern Glenn Barham - Councilors Michael Smith - Jim Ginnings - Charles Elmore - Mayor Lanham Lyne - Absent Dorothy Roberts-Burns - Absent Darron Leiker - City Manager Miles Risley - City Attorney Jessica Wheat - Deputy City Clerk Mayor Pro Tern Hatcher presided over the meeting in the absence of Mayor Lyne. Mayor Pro Tern Hatcher called the meeting to order. Item 2a Councilor Jim Ginnings gave the invocation. Item 2b Mayor Pro Tem Hatcher led in the Pledge of Allegiance. Item 3a Mayor Pro Tern informed that there will not be any presentations. Mayor Pro Tern expressed his condolences to Councilor Roberts-Burns and her family in the loss of her sister. Item 4 Patricia Sutton, P.O. Box 8391, requested that the $394.95 mowing lien placed on her property on 33`d Street be waived. According to the notice from Legal the lien was placed on the property September 22, 1972, however she did not own the property at that time. She inherited the property in 1996 from her Aunt who had lived there since 1976. She wants to contest the lien and amount owed. She said the City's Sanitary Codes imply different costs for mowing. She mentioned the Tax Code and asked that Council look at the statute of limitations. State laws are in effect in this situation and she asked to speak to someone in the Legal Department to remedy this. 632 ' Item 4 continued Mayor Pro Tern will look at the information she provided and contact her about the findings. Item 5 Minutes of the July 7, 2009 City Council Meeting were approved with one correction. Item 6 City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Barham that the Consent Agenda be approved. Motion seconded by Councilor Ginnings and carried by the following vote. Ayes: Mayor Pro Tern Hatcher, Councilors Barham, Smith, Ginnings, and Elmore Nays: None Item 6 RESOLUTION NO. 94-2009 Resolution Awarding Bid For The City's Estimated Annual Supply Of Meter Boxes And Lids To The Marta Company In an estimated amount of$70,550.00 Item 7a A public hearing was held on the Proposed FY 2010 Action Plan of the 2005-2009 Consolidated Plan to allocate HOME Investment Partnership Program (HOME) funds in the amount of$555,120 and Community Development Block Grant (CDBG) funds in the amount of$1,400,527 and re-allocate$300,000 in FY 2009 CDBG funds. Mayor Pro Tern declared the public hearing open. Mr. Dave Clark, Community Development Director, commented that this final public hearing is to facilitate citizen comments on the proposed FY 2010 Action Plan of the Consolidated Plan that is recommended to the Council by the Council Subcommittee on Outside Agencies as a result of its June 5, 2009 interviews with local non-profit agencies and City departments. A total of $3,513,615.24 in funding requests was submitted to the Subcommittee. CDBG funds available for projects totaled $1,700,527. The first public hearing was held on June 4, 2009. Mr. Clark informed that the City proposes to use FY 2010 CDBG and HOME entitlement funding amounts and FY 2009 Reallocated CDBG funding amounts as follows. CDBG: Non-Profit Agencies $ 334,044 CDBG: City Departments $ 1,366,483 HOME Program $ 555,120 (Totals reflect the amount combined that applicants requested in each area.) Mr. Clark informed that sidewalk construction assistance along Windthorst Road was recommended for the Early Head Start Program to be accomplished by the CDBG Concrete Training Crew. Mr. Clark read a letter from Mark Masman, Executive Director of Christmas in Action, Wichita County, TX, Inc. thanking Council for consideration to approve CDBG funding for Christmas in Action. He also mentioned an area of concern in the additional requirements that HUD keeps imposing are getting more difficult to complete. But with the help of various City offices we are able to meet these requirements; just an added cost of our own time and resources. He would also like to thank the Community Development office, Neighborhood Resource office, Planning Department, Inspections Department and Property Management for their help in making Christmas in Action a successful organization. ` 633 Item 7a continued Mayor Pro Tem called for additional public comments. There being none, Mayor Pro Tem declared the public hearing closed. Item 7b RESOLUTION NO. 95-2009 Resolution Approving The FY 2010 Action Plan Of The 2005-2009 Consolidated Plan Of The City Of Wichita Falls To Allocate FY 2010 HOME Investment Partnership Program (HOME) Funds In The Amount Of $555,120 and FY 2010 Community Development Block Grant (CDBG) Funds In The Amount Of $1,400,527, And Re-allocate $300,000 In FY 2009 CDBG Funds Moved by Councilor Ginnings that Resolution No. 95-2009 be passed. Motion seconded by Councilor Barham. Councilor Ginnings asked if a certain amount of Code Enforcement salaries were allocated in this program. Mr. Clark replied that they were. Councilor Ginnings asked if we did not have CDBG money that those costs would have to come entirely through the General Fund. Mr. Clark replied in the affirmative. Councilor Ginnings asked if the replacement of failing water lines referred to were residential connections. Mr. Clark replied in the affirmative and explained that the areas involved were primarily residential. Councilor Ginnings said that he wanted to ensure that no trunk lines were involved in the replacements. Councilor Elmore requested that a sidewalk underneath the 287 bridge on City View Drive be considered under the Concrete Training Program. This will help the kids that live at the trailer park get to the grade school and high school. Mr. Clark said they will take a look at that but it will have to meet the criteria that serves primarily low to moderate income families. Councilor Elmore commented that the trailer park in that area is not what you call a high income group. Councilor Elmore asked if the water facility replacement project is limited to low income areas. Mr. Clark responded that it is. Mayor Pro Tem sits on the subcommittee on Outside Agencies and he commented that they needed $3.5 million to do what was requested and it is hard to stretch half of that to cover it. We just do the best we can and try to prioritize what we can do. There is always more need than we can fund for those things. Mr. Clark thanked Councilors Hatcher, Roberts-Burns, and Smith for taking the time to answer all those questions the citizens had at the meeting. Councilor Ginnings commented that cleaning up the deterioration of a number of years has led us to unofficial discussion of maintenance codes. If you tend to neglect, ignore, or let things go eventually it leads to deterioration. This is the reason we have these grants to take care of these things. If we had maintenance codes to apply we would not have so much catch up to do and there would not be such disparities between available funds and needs. Councilor Elmore commented that part of the problem is that we wait too long after a property has been abandoned. It may still be in reasonable condition but we wait four, five or six years before we do anything about it; by that time it has been torn down. I would like to see that some way we can resolve that issue. Motion carried by the following vote. Ayes: Mayor Pro Tem Hatcher, Councilors Barham, Smith, Ginnings and Elmore Nays: None 634 ' Item 8a A public hearing was held concerning the City's application to Texas Parks &Wildlife Department for a matching grant for improvements in the 80-acre Wichita Bluff Open Space Site. Mayor Pro Tern declared the public hearing open. Mr. Jack Murphy, Director of Parks and Recreation, commented that this hearing is required by the Texas Parks and Wildlife Department for compliance with their matching grant application guidelines. This public hearing will allow for citizen comment on the proposed grant application. Lana Parker, 1505 Ridgemont Drive, expressed concern with the proximity of this area to the houses and how they back up to some of the houses. Her concerns included the possibility of higher crime rate, more fires, ruining the wildlife habitat, and the maintenance. We are afraid for the safety of the residents there and for our wildlife there. We would have to put up fences to keep people off our property, but then we would not have the wildlife coming into our yards anymore. One of the reasons we are there is because of the wildlife and I was curious as how that is going to be approached in the plan. Mayor Pro Tern explained that the general idea is to keep that area as natural as possible and not disturb any of it other than putting the ten foot concrete path through there. Mr. Murphy commented that there is actually a significant width between the private property and the property bought by the City. The primary goal to acquiring the property was to preserve the open space, wildlife, variety of vegetation, and bluffs on the property. As to the fire hazard in that area, what you see now is what you will continue to see in that area. It is grass but it is like any other area in that location. As far as crime is concerned, our experience with trails has been entirely positive since we started putting trails in twenty years ago. The more citizens were on the trails the crime was reported, if there was crime, and that has been an asset for the trails. It slowed any criminal activity in those areas, if it arose. We invite all citizens to participate if they have any ideas on how to lay the trail out. Councilor Elmore asked if they were going to allow dirt bikes on the trails. Mr. Murphy explained that regular bicycles or dirt bikes are allowed but not motorized bikes. Mayor Pro Tem called for additional public comments. There being none, Mayor Pro Tern declared the public hearing closed. Item 8b RESOLUTION NO. 96-2009 Resolution Designating Certain Officials As Being Responsible For, Acting For, And On Behalf Of The City Of Wichita Falls ("Applicant") In Dealing With The Texas Parks & Wildlife Department ("Department") For Participating In The Local Park Grant Program ("Program"); Certifying That Applicant Is Eligible To Receive Program Assistance; Certifying That Applicant's Matching Share Is Readily Available; Dedicating The Proposed Site For Permanent Public Park And Recreational Uses; And Certifying That The Application Has Been Submitted To The Appropriate Regional Council Of Governments For The Texas Review And Comment System (TRACS) Review Moved by Councilor Elmore that Resolution No. 96-2009 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Pro Tern Hatcher, Councilors Barham, Smith, Ginnings and Elmore Nays: None 635 Item 9a ORDINANCE NO. 44-2009 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ("CITY") APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING COMMITTEE ("ACSC" OR "STEERING COMMITTEE") AND ATMOS ENERGY CORP., MID-TEX DIVISION ("ATMOS MID-TEX" OR "COMPANY") REGARDING THE COMPANY'S RATE REVIEW MECHANISM FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; REQUIRING THE COMPANY TO REIMBURSE CITIES' REASONABLE RATEMAKING EXPENSES; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; APPROVING ATMOS' PROOF OF REVENUES; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE'S LEGAL COUNSEL Moved by Councilor Elmore that Ordinance No. 44-2009 be passed. Motion seconded by Councilor Barham. Councilor Ginnings asked if there was a staff presentation. City Attorney, pointed out that on March 6, 2009 Atmos filed an application to increase natural gas rates seeking a $20.2 million increase. The Atmos Cities Steering Committee has negotiated a reduction in that. What is presented today for your approval will cut that $20.2 million tariff increase to a $2.6 million increase effective August 1, 2009. Councilor Ginnings asked why the wide disparity between the request and the settlement. City Attorney stated that it is actually not that wide of a disparity when you consider that it is in the margins of tariffs that total hundreds of millions of dollars. Actually, when they first made the request of approximately a $20 million increase we were requesting approximately a $20 million decrease. So it worked out about halfway between the increase and the decrease. Councilor Ginnings asked if Atmos Energy is still trying to fill a hole that took place along with or maybe prior to the run of the prices. Randy West, Atmos Energy, 1602 Jefferson, Bowie, TX, informed that this does not have anything to do with the cost of natural gas. This is the delivery portion of the natural gas, so as the prices go up and down with the natural gas market it gets passed on to our customers. Right now customers are enjoying the benefits of our lower gas prices. There is a $9 million recovery over this particular increase and that is why it looks a little different. When they balanced last year's over recovery into it that is when it brought it down to $2.7 million. It will only be on a 4.7/MCF average customer billing which is a 15 cent increase per customer. The revenue mechanisms work really well with the Steering Committee and the negotiations made. Councilor Ginnings asked that given these are not related to the price of gas, there is a schedule in the contract proposal that states the price of gas. Residential prices shown in here are 2.27/MCF which is really below market value so why is it in here? Mr. West explained that it is the delivery cost and the actual cost is including the gas recovery cost (GRC). Motion carried by the following vote. Ayes: Mayor Pro Tern Hatcher, Councilors Barham, Smith, Ginnings and Elmore Nays: None 636 ' Item 9b ORDINANCE NO. 45-2009 Ordinance Amending Section 6.4 Of Appendix A Of The Wichita Falls Code Of Ordinances To Modify Regulation Of Oil And Gas Wells Moved by Councilor Elmore that Ordinance No. 45-2009 be passed. Motion seconded by Councilor Smith. City Attorney informed that earlier this year some City Council members wanted to find a way to speed up the process of permitting oil and gas wells in the City but yet retain the protection afforded to the citizens of the City. Staff and two Council members who are involved in the oil business put together an ordinance that provides those protections but also eliminates the conditional use process, that before this tended to create delays in getting approvals for oil and gas wells. There is quite a bit more regulation within the ordinance itself but that regulation substitutes for the conditional use process that was previously placing regulation on a case by case basis. Councilor Ginnings asked for clarification on page two of ten about permits. Is the permit the initial permit and also the permit referred to subsequently, they are not additional permits. City Attorney replied that he was correct. Councilor Ginnings commented about page four of ten, it appears that we are requiring well control insurance for the life of the well. Councilor Ginnings asked if after the well is completed and is producing oil and the drilling operations since then passed, we have to carry this insurance. City Attorney responded that the desire is to obtain the insurance at the most highest likelihood of danger from the well which is when it is initially drilled. We do not have a mechanism to monitor wells throughout their life span which might be decades and maintain that insurance continuously kept on file. That would be substantially more expense. Motion carried by the following vote. Ayes: Mayor Pro Tern Hatcher, Councilors Barham, Smith, Ginnings and Elmore Nays: None Item 9c ORDINANCE NO. 46-2009 Ordinance Appropriating $9,433 To The Special Revenue Fund For The Immunization Program Of The Wichita Falls-Wichita County Public Health District Moved by Councilor Elmore that Ordinance No. 46-2009 be passed. Motion seconded by Councilor Barham and carried by the following vote. Ayes: Mayor Pro Tern Hatcher, Councilors Barham, Smith, Ginnings and Elmore Nays: None Item 10a RESOLUTION NO. 97-2009 Resolution Directing Closure Of A Railroad Crossing At Granger Street, Subject to Burlington-Northern Santa Fe's Installation Of A New Railroad Crossing At A Kell Boulevard Service Drive Between Fairway And Barnett Roads Moved by Councilor Barham that Resolution No. 97-2009 be passed. ` 637 Item 10a continued Motion seconded by Councilor Ginnings and carried by the following vote. Ayes: Mayor Pro Tern Hatcher, Councilors Barham, Smith, Ginnings and Elmore Nays: None Item 10b RESOLUTION NO. 98-2009 Resolution Authorizing The City Manager To Apply For and Accept A Transportation Investment Generating Economic Recovery (TIGER) Grant From The U.S. Department of Transportation Under the American Recovery and Reinvestment Act (ARRA) Supplemental Discretionary Grants For The Construction Of A New Passenger Terminal Facility At The Wichita Falls Municipal Airport Moved by Councilor Elmore that Resolution No. 98-2009 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Pro Tern Hatcher, Councilors Barham, Smith, Ginnings and Elmore Nays: None Item 10c RESOLUTION NO. 99-2009 Resolution Adopting Guidelines For Filming In Wichita Falls, Texas Moved by Councilor Elmore that Resolution No. 99-2009 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Pro Tern Hatcher, Councilors Barham, Smith, Ginnings and Elmore Nays: None Item 11 a Mr. Matt Benoit, Assistant City Manager, gave a presentation on suggestions for the re-use of retired Fire Station #8. The following options were presented and discussed. Option One - sell the property. Option Two — lease the property Councilor Ginnings asked if the Wood family put any restrictions on selling or leasing the property because there is a memorial park to their family located by the Fire Station. Mr. Benoit replied that there were no deed restrictions and we would only be leasing or selling the Fire Station, its boundaries, and the associated parking with it. Mayor Pro Tern asked if the park area adjacent to the Fire Station would be available to be included in the sale if sold, or is it restricted by the donor. It is a significant piece of property, and he asked if there were any restrictions to selling all of it. Mr. Benoit explained that if we are doing an election to sell the property you can include in the election whatever elements of that entire tract that you would chose to. He recommended the sale of the Fire Station and the associated parking only. 638 ' Item 11 a continued Option Three - use the facility for recreation programs. Councilor Elmore asked what the amount of$312,688 reflected in this option. Mr. Benoit explained the costs given in the presentation were high in all areas because he figured renovation costs into all the options if renovation was needed for the uses of the option chosen. Option Four— use the facility to relocate two or three police units. Option Five - use the facility for a branch library. There is an opportunity for a branch library and recreation programs to co-exist. Given the size of the station, putting both programs in the building might limit the full benefit of programs. Councilor Ginnings asked for clarification on the scope of the property. Would the sale include or not include Wood Memorial Park. Mr. Benoit replied that it would be best to have direction from Council on that. City Manager clarified that what was presented to you did not include Wood Memorial Park; it only includes the Fire Station and parking. Councilor Ginnings asked if there is a need for police in that area to use the facility for additional police units. Police Chief Bachman stated that it would increase the presence of police there but it would be utilized for administrative services, not be a sub station for the Police Department. Councilor Ginnings commented that constituents on the southwest part of town are interested in having a branch library in their area. The citizens have the utilization of the Midwestern State University Library, but it would be great if we could associate with Midwestern State University and have a branch library together for the community. Councilor Smith said he would also like to see a partnership agreement with Midwestern concerning a branch library. He informed Council when it is ready for discussion he has information for them to look at that he has received. Mayor Pro Tern commented that we need to look at the value the property would have on the market to us even including the park. As well as what the tax value would be to our ailing budge. We need to look at the ongoing annual tax revenues we could see versus owning it ourselves and the money goes the opposite direction. City Manager informed that if we look at $1 million in assessed evaluation that you could gain from that property that would be a little less than $6000 a year of taxes it would net us. That is probably on the high end when you factor in exemptions and other things. With respect to the park that is there, it is a strategic area because of its connection to Sikes Lake. Staff at this point would not recommend including the park. Item 11 b Councilor Elmore received an email regarding the Sheppard Lawn business on Burk Road. The owner passed away a couple of years ago and the facility has declined terribly and something needs to be done with it. Councilor Elmore received an email concerning the coffee shop or hamburger place located on Missile Road. Several citizens inquired about getting a drive in at that location. He commented that it may be viable for that business but it is not part of zoning in that area for that particular type of business. If the owners really want a drive in they need to come to the planning or zoning offices to inquire about proper zoning in the area where the facility is located. Councilor Elmore mentioned an incident occurred last Saturday at Old Town Saloon involving local flight instructors from Sheppard Air Force Base and some local people. He was disturbed because there were disparaging comments made by the local people involved toward the instructors from the Sheppard, and asked that it be pursued with due diligence. He has been in contact with 639 Item 11 b continued Sheppard and they are concerned. The Council and the community have done a marvelous job in developing a very close relationship with Sheppard Air Force Base and 1 would love to see that maintained and increased if at all possible. City Manager explained that we have a protocol and a system set up that we communicate very closely with Air Force personnel. They should not have to contact City Council and ask about an ongoing investigation or matters of that nature. It is an ongoing investigation and I have checked with Police Department staff and they are actively communicating with Sheppard on that investigation to remedy that situation. Councilor Elmore informed that on September 12th in the downtown and surrounding areas in Wichita Falls there will be an event called the "Stroll and Roll". The nine or so museums in the area are going to have a Museum Day. Buses will be running from each of the facilities which include the Museum of North Texas History, Wichita Falls Railroad Museum, Fire and Police Museum, Kemp Center for the Arts, Kell House, Riverbend, and Callfield Museum. The Wichita Falls Museum of Art at MSU will not be on the run with the buses but it will be open. All the museums will be open from 10 a.m. to 4 p.m. and free to the public on this day. Councilor Elmore inquired, for a friend, if anyone knew of any guitar players around town that play funk, soul or slap. The type of music his friend is inquiring about are from artists such as Bootsie Collins, George Clinton or Curtis Mayfield. Sandy Montson with the Streams and Valleys has a son who is a very talented bass player and he is looking for someone to play with. Councilor Barham mentioned that he received the same email from the Colonel of Sheppard Air Force Base about the incident at Old Town. He doesn't think he was asking us to intervene he was just letting us know that this had occurred and wanted us to be aware of the situation. Councilor Barham complimented Mr. Jack Murphy on the playground equipment and the elevated patio with the four picnic tables at Wood Memorial Park; it all looks great. He asked what was going to happen to the restroom facilities at the park that is locked up. Mr. Murphy responded that the plan in the budget is to replace the roof. A contractor should be out there next week putting the metal roof back on. The facility is functional and the fixtures have been replaced from the old ceramic fixtures to all stainless steel fixtures. Councilor Barham referred to the Code Red Policy and stated that the Policy was well written by the Fire Department and it speaks well of what we need to do with that technology. Councilor Barham expressed his condolences to Councilor Roberts-Burns for the loss of her sister and also to the H.B. Hodge family. Mr. Hodge was the City Attorney for 27 years and was a very well liked and respected individual in this community. It was a very sad day when he passed last week. Councilor Ginnings also wanted to commemorate the memory of Mr. Hodge. We did business together and he was a gentleman. I also would like to send my condolences to Councilor Roberts-Burns for the loss of her sister. Councilor Ginnings commented on the Mayor's rebuttal on behalf of Mr. Matt Benoit in the letters to the editor. I want to commend and second that. One thing that really disturbed me was the person that wrote the letter referred to Matt as "Old Matt". I can talk to you about old. Councilor Ginnings asked that Council seriously consider the use of traffic cameras for the intersections that are capable of providing information that can be enforced in court. When I go home and pull into the left turn lane at Taft and Southwest Parkway I see so many cars that after the light has turned red continue to zip through that intersection. I see so much of it that a terrible accident will happen and I see the same cars on different days continue to go through the red light. He asked for staff feedback on this matter. I have heard of companies installing them but I would like for us to own and operate them. Councilor Barham informed that the Traffic Safety Commission has looked at that and it has been discussed in depth, and it is my understanding that it was 640 Item 11 b continued moved over to the Police Department for their review. Mr. John Burrus, Director of Aviation, Traffic and Transportation, informed that he believed it had been, but there were legislative issues with that as well. City Manager informed that staff was waiting to see what the legislative session would do on that matter because so many bills were introduced that would ban the use of those cameras. We did not feel that we should put a lot of effort into that if the use of the cameras would be banned anyway. As you mentioned, that did not pass, so they are still legal with certain parameters. Not surprisingly, half the money would go to the state. Originally they were against the idea until they come up with the idea of revenue sharing and then it was a good program. The Traffic Safety Commission brought in a particular vendor and had a demonstration done. It was their recommendation to the Council and staff to pursue that. So if there is enough support amongst Council to advance that, we will certainly look into it. Councilor Ginnings commented on reading the legislature's graffiti ordinance. I was really encouraged because there were provisions made for assessing civil damages and property damages. However, I do not remember anything about this procedure where we have to notify the property owner to clean the graffiti up or we will do it free. I have tried to understand the logic behind that so could you tell us briefly the rationale on that. He asked if there is any legal basis for it. City Attorney explained that under the City's ordinance the property owner has to pay the price for the removal but only part of the price which is $50 if they consent to having the graffiti voluntarily removed. What the legislature did was mandate that we first offer to remove it for free. The legislature removed our power to charge that $50 fee. City Manager stated that Legal will present information concerning those issues to Council. We would like to seek input from Council because it has budget implications that we need to discuss. We need to sit down and figure out if we want to continue enforcing the abatement of graffiti and how much it will cost the City and if we want to put that in the budget or not. Councilor Ginnings asked if this is something we could fight the legislature on. City Attorney did not think so. It is in the power of the legislature to limit our powers. As you know, a home rule city has only those powers to the extent of that which the legislature has not specifically limited them to or cut them off of. Quite often the legislature likes to enact state programs that they get to take the credit for but we get to take the bill for. Councilor Ginnings stated that he read somewhere in one of our founding documents that all just powers are given by the consent of the governed. We are the governed and I do not consent to this. This is just as bad as the discussion we had at the last Council meeting where one of the state agencies, namely the Water Quality Board, could not get the legislature to pass their budget so they just increased their fees to us so that we could fund their budget. We are here trying to take care of our own business and that gets dumped on us. As we have determined since from our legislature, they did not know that this was happening. Councilor Smith elaborated more on the Museum Day. He noted that the Museum of North Texas History on Indiana Street and Riverbend Nature Center which includes the Ruby Priddy Butterfly Conservatory will be part of the transportation route on September 12. City shuttle buses will be provided and all the Museums are open and free to the public on that day. Councilor Smith mentioned that in the past week, he has heard news that there is a H 1 N 1 Swine Flu Vaccine. He asked if it comes to pass and is ready by the fall what will be done here as far as getting it out to the public. Mrs. Lou Franklin, Health Director, responded that at this time we do not know. There will be a H1 N1 Swine Flu Summit to be held in Austin August 101h. We will receive more information at that time. It will depend on the amount of vaccine that we get and every indication we receive will be done on a priority basis based on risk categories. As we did in the past with shortages of the influenza vaccine it will be based on priority. At this time we do not have much guidance from the state as to how we are going to handle that. 641 Item 11 b continued Councilor Smith asked if the vaccine will be distributed at the Health Department or at the schools. Mrs. Franklin replied that every year we usually have a mass vaccination clinic and we do that it serves as an exercise for a preparedness grant and it allows us to prepare for these type of things where we give a large number of vaccines in a short amount of time. Depending on the quantity we get at that time that is probably the method we would use. Mayor Pro Tern Hatcher asked the Boy Scout Troops to stand up so we can applaud their attendance here. He thanked them for being here and hopes they learned something today and were not bored completely to death. Mayor Pro Tern Hatcher mentioned that this weekend United Regional will have its official ribbon cutting ceremony for the new Bridwell Tower which will be a tremendous asset to the community. I look forward to being a part of that this weekend. Mayor Pro Tern Hatcher mentioned that last Saturday he had the opportunity to watch the Soap Box Derby. It was very interesting and so much fun to watch. Those were the best looking cars and it reminded me of the pine wood derby cars we used to build for scouts. These cars were a hundred times bigger and you can actually sit in them. They had great paint jobs and fine finishes; it was awesome. I sat at the finish line and watched them all come across the line. It was a good event and well attended. He mentioned that it was sponsored by the Downtown YMCA. Mayor Pro Tern Hatcher asked Police Chief Bachman if he was aware of the late night activity of folks riding four wheelers and disturbing the residents in that live in the Ross Creek area. This is happening in the field just north of Ross Creek, south of Langford and the Gregg Road intersection. There is some undeveloped property in that area which is fenced off but there is a breach in the fence. Chief Bachman replied that he had spoken with the property owner who is a builder and explained to him what was going on. The owner said he would repair the fence. Chief Bachman stated that any offenders caught in that area will be prosecuted. Mayor Pro Tern Hatcher asked if Fire Chief Foster would like to mention anything on the ISO Rating audit that is coming up. We have not been rated since 1993. The rating is 50% of your ability to fight fires, 40% is based on your ability to deliver water, and 10% is based on something else. This has a big impact on insurance rates on every homeowner and business in the community if we can get our rating down. On a scale of one to ten we are rated three which is good but we would like to go down to a two or one. Fire Chief Foster informed that there are about seventy communities in the United States that are rated 9s,.a one and two hundred that rate as a two. A three means you are commercially rated which is a good rating; a ten is the worst rating basically meaning you have no fire protection. It potentially affects your insurance but ISO has a disclaimer that it is not a guarantee your insurance premiums will be affected by your ISO rating. However, some insurance companies do not use the ISO to set their premiums but some do. The ones that don't, their rates go down because of competition. We have done a lot of improvements to the water distribution system since our last rating, we have a new fire station, better equipment, better manning, and a new dispatch center so we are hopeful that our rating will improve in November when we get rated again. Mayor Pro Tern Hatcher briefly discussed the topic of City pride and mutual respect. Be neighborly in the upkeep of your property. We are looking at a budget situation where property values have actually slipped a little. Councilor Ginnings mentioned earlier that people are failing to take care of their property. If you have a piece of property and you are getting ready to sell it you would like the value of it to be as high as possible so you must maintain the upkeep of that property. I have received so many calls recently of complaints from citizens whose neighbors do not mow their grass or pick up tree limbs that fall onto their property. I would like to encourage everyone to mow your grass and maintain the upkeep of your properties. It does affect the City if everyone would just show a little more pride and respect to your neighbors if you would just keep our community clean. 642 ' Item 11 b continued Councilor Ginnings requested that the City Attorney address Mrs. Sutton's questions and challenges she made to Council, and that this be done in a memo to Council. She questioned our legal authority to enforce these liens from several fronts. Councilor Elmore referred to Mrs. Sutton's statements and said he would like an answer about the statute of limitations. Mayor Pro Tern Hatcher mentioned that this Saturday at MPEC they are having another wrestling event known as Falls Town Beat Down 2. It was well attended last time and he asked Mr. Bob Sullivan, Director of MPEC, for an update on the ticket sales. Mr. Sullivan replied that it is a boxing event not a wrestling event. The first time at our facility it was very entertaining and we had a very good crowd that attended. Ticket sales are not bad but we expect a good walk up on Saturday. Councilor Elmore referred to the retired Fire Station #8 presentation and noted that Mr. Benoit had said after every option that it was 4B eligible. I have looked at both 4A and 4B functions and 4A is limited to what they can fund but 413 can fund both 4A and 413 projects. 4B has a lot of infrastructure that we need those funds for and at this time I would like for Council to consider utilizing 4A funds for some of the projects because we have plenty of money in 4A that is just sitting there. I would like input from Council and staff regarding this matter. Mayor Pro Tern Hatcher stated that the last time this was brought up, 4A had about $11 million unencumbered dollars and it was agreed that that was not really too much money for 4A to need. The balance now is nearly double that and at some point (probably now) it would be okay to slow the growth of 4A by cutting the rate of contribution in half and letting 4B grow faster for the reasons Councilor Elmore mentioned, and that it would take a public vote to shift the rate structure. Councilor Smith agreed and asked for information for further discussion. City Council adjourned 10:40 at a.m. PASSED AND APPROVED this day of� 2009. MAYOR ATTEST: dia Ozuna ity 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, July 21 , 2009 Beginning At 8:30 A.M. City Council: Mayor Lanham Lyne, Councilors Glenn Barham, Michael Smith, Dorothy Roberts-Burns, Rick Hatcher, Jim Ginnings, and Charles Elmore. 1 . Call To Order 2. (a) Invocation: Reverend Kevin Tiaden, Pastor St. Paul Lutheran Church (b) Pledge Of Allegiance 3. Presentations — Recognition of eAdvisor The Philippines — • Mayor of A ora Villamayor • Gove p miro Ynares • Natio I ecurithe President of the Philippines - General Virtus Gill and his wife Lita Gil 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 July 7, 2009 Regular Meeting Of The Mayor And City Council. CONSENT AGENDA 6. Resolution Awarding Bid For The City's Estimated Annual Supply Of Meter Boxes And Lids To The Marta Company In an estimated amount of $70,550.00 (Council Bill # 142) City Council Agenda Tuesday, July 21, 2009 Page 2 REGULAR AGENDA 7. (a) Final Public Hearing To Receive Public Comments Concerning The Proposed FY 2010 Action Plan Of The 2005-2009 Consolidated Plan To Allocate HOME Investment Partnership Program (HOME) Funds in the amount of $555,120 and Community Development Block Grant (CDBG) Funds In The Amount Of $1 ,400,527 and Re-allocate $300,000 In FY 2009 CDBG Funds (b) Resolution Approving The FY 2010 Action Plan Of The 2005- 2009 Consolidated Plan Of The City Of Wichita Falls To Allocate HOME Investment Partnership Program (HOME) Funds In The Amount Of $555,120 and Community Development Block Grant (CDBG) Funds In The Amount Of $1,400,527 and Re-Allocate $300,000 In FY 2009 CDBG Funds (Council Bill # 143) 8. (a) Public Hearing Concerning City's Application To Texas Parks & Wildlife Department For A Matching Grant For Improvements In The 80-Acre Wichita Bluff Open Space Site (b) Resolution Designating Officials To Act On Behalf Of The City For Local Park Grant Program Of The Texas Parks And Wildlife Department; Certifying That The City's Matching Share Is Readily Available; Dedicating The 80 Acre Wichita Bluff Open Space Site For Permanent Public Park And Recreational Uses; And Certifying That The Application Has Been Submitted To The Appropriate Regional Council Of Governments For The Texas Review And Comment System Review (Council Bill # 144) 9. Ordinances (a) Ordinance Approving A Negotiated Resolution Between The Atmos Cities Steering Committee And Atmos Energy Corp., Mid- Tex Division Regarding The Company's Rate Review Mechanism Filing In All Cities Exercising Original Jurisdiction (Council Bill # 145) (b) Ordinance Amending Section 6.4 of Appendix A of the Wichita Falls Code of Ordinances to Modify Regulation of Oil and Gas Wells (Council Bill # 146) City Council Agenda Tuesday, July 21, 2009 Page 3 (c) Ordinance Appropriating $9,433 To The Special Revenue Fund For The Immunization Program Of The Wichita Falls-Wichita County Public Health District (Council Bill # 147) 10. Resolutions (a) Resolution Directing Closure Of A Railroad Crossing At Granger Street, Subject to Burlington-Northern Santa Fe's Installation Of A New Railroad Crossing At A Kell Boulevard Service Drive Between Fairway And Barnett Roads (Council Bill # 148) (b) Resolution Authorizing The City Manager To Apply For and Accept A Transportation Investment Generating Economic Recovery (TIGER) Grant From The U.S. Department of Transportation Under the American Recovery and Reinvestment Act (ARRA) Supplemental Discretionary Grants For The Construction Of A New Passenger Terminal Facility At The Wichita Falls Municipal Airport (Council Bill # 149) (c) Resolution Adopting Guidelines For Filming In Wichita Falls, Texas (Council Bill # 150) 11. Other Council Matters (a) Staff Council Discussion 1 . Staff presentation of Suggested Uses of Former Fire Station #8 On Miller Rd. (Matt Benoit) (b) Discussion Of Items Of Concern To Members Of The City Council. 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. Wireless Listening System devices are available at the City Manager's reception area or you may call 761-7404 for inquiries. 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 City Council Agenda Tuesday, July 21, 2009 Page 4 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 , 2009 at o'clock (a.m.)(p.m.). City Clerk