Min 05/21/2013 58
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
May 21, 2013
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.
Glenn Barham - Mayor
Michael Smith - Councilors
Annetta Pope -
Brian Hooker -
Tim Ingle -
Mary Ward -
Ben Hoover - Absent
Darron Leiker - City Manager
Miles Risley - City Attorney
Lydia Ozuna - City Clerk
Mayor Barham called the meeting to order.
Item 2a
Reverend Gene Holley, Pastor of Life Tabernacle Church, gave the invocation.
Item 2b
Mayor Barham led in the Pledge of Allegiance.
Item 3a
Mayor proclaimed May 26— June 1, 2013 as "Respect for The Law Week in Wichita Falls". Paul Hopkins
and Clint Osterman, Optimist Club representatives, sponsor for this event accepted the proclamation.
Item 3b
Mayor proclaimed May19-25, 2013 as "Emergency Medical Services Week in Wichita
Falls". Emergency Medical Services representatives Assistant Fire Chief Jon Reece, Roger
Ritchie, Area Manager Air-Evac, and Charles Grady, American Medical Response Manager,
accepted the proclamation.
Item 4
David Washburn, 2724 Miller Court, suggested that the City look into providing an option of
a smaller trash container; with recycling it takes a while to fill a large container. Public Works
Director Russell Schreiber informed that there are three different size containers available; contact
Sanitation Department. The fee is the same for all three.
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Item 4 continued
Marilyn Scott, 2404 Polk, asked about Councilor Hoover. Mayor informed that he could not
make it today. Mrs. Scott requested that Council bring to the voters the re-application of the sales
tax.
Item 5
Minutes of the May 7, 2013 and May 14, 2013 Council meetings were approved as
distributed.
Items 6a-6c
City Manager gave a briefing on the items listed under the Consent Agenda.
Moved by Councilor Ward that the Consent Agenda be approved.
Motion seconded by Councilor Pope and carried by the following vote.
Ayes: Mayor Barham, Councilors Smith, Pope, Hooker, Ingle, and Ward
Nays: None
Items 6a -6c
Minutes of the following boards and commissions were received.
(a) Park Board Meeting, January 24, 2013.
(b) Traffic Safety Commission,April 3, 2013.
(c) Planning and Zoning Commission, April 10, 2013.
Item 7a
A public hearing was held to consider designating 77 acres in Block 27 of the Kemp &
Newby subdivision of Cherokee County School Land, Abstract 33, Wichita County, Texas,
as the Wichita Falls Business Park Industrial Reinvestment Zone #1.
The Mayor declared the public hearing open.
City Attorney provided information on the property noting that this will be the location of the
Coronado Power Plant, if approved. He explained the process to establish a Reinvestment Zone; he
mentioned that there will be a tax abatement agreement that will come before Council later.
Marilyn Scott, 2404 Polk, suggested discussing all of the Coronado related items together. Mrs.
Scott stated that she was opposed to the proposed ordinance mainly because of the millions of gallons
a day of water that will be used.
Mayor commented that by law before we can establish tax abatements we have to establish a
reinvestment zone where those tax abatements will be in effect; that is the purpose of this public
hearing.
The Mayor called for additional comments. There being none, Mayor declared the public
hearing closed.
Item 7b
ORDINANCE NO. 25-2013
Ordinance Designating 77 Acres In Block 27 Of The Kemp & Newby Subdivision Of
Cherokee County School Land, Abstract 33, Wichita County, Texas, As The Wichita Falls
Business Park Industrial Reinvestment Zone #1; Providing For Severability; Declaring An
Emergency; And Providing An Effective Date
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Moved by Councilor Ingle that Ordinance No. 25-2013. be passed.
Item 7b continued
Motion seconded by Councilor Pope.
Marilyn Scott, 2404 Polk, stated that voting on these items implies that it is cut and dry before
coming to City Council. That is why I suggested discussing all of these Coronado items together. When
did the City purchase this property and what was the cost?
City Attorney informed that it is not owned by the City of Wichita Falls, it is owned by the
Economic Development Corporation and they will be the ones to contract with Coronado. He explained
the details.
Councilor Ingle stepped out of Council Chambers.
Motion carried by the following vote.
Ayes: Mayor Barham, Councilors Smith, Pope, Hooker, and Ward
Nays: None
Item 8a
ORDINANCE NO. 26-2013
Ordinance Authorizing The City Manager To Grant A Drainage Easement Consisting Of
1,009.65 Square Feet Across City-Owned Property Known As The Wichita Falls Transfer
Station And Located At 3904 Lawrence Road To Call/Lawrence Venture
Moved by Councilor Ward that Ordinance No. 26-2013 be passed.
Motion seconded by Councilor Pope and carried by the following vote.
Councilor Ingle returned to Council Chambers.
Ayes: Mayor Barham, Councilors Smith, Pope, Hooker, Ingle, and Ward
Nays: None
Item 8b
ORDINANCE NO. 27-2013
Ordinance Authorizing The City Manager To Grant A Sanitary Sewer Easement
Consisting Of 1,006.5 Square Feet Across City-Owned Property Known As The Wichita
Falls Transfer Station And Located At 3904 Lawrence Road To Call/Lawrence Venture
Moved by Councilor Ingle that Ordinance No. 27-2013 be passed.
Motion seconded by Councilor Hooker and carried by the following vote.
Ayes: Mayor Barham, Councilors Smith, Pope, Hooker, Ingle and Ward.
Nays: None
Item 8c
ORDINANCE NO. 28-2013
Ordinance Approving The Wichita Falls Economic Development Corporation's Option And
Sale Of 77 Acres In The Wichita Falls Business Park And Waiving The Application Of The
Platting And Improvement Obligations Of Appendix A Of The Code Of Ordinances To The
Transfer Of The Property By The WFEDC Until Development Of The Property By The
Buyer
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Moved by Councilor Ingle that Ordinance No. 28-2013 be passed.
Item 8c continued
Motion seconded by Councilor Smith.
Marilyn Scott, 2404 Polk, opposes the Coronado Venture Project because of the millions of
gallons of water that will be spent a day. She asked if the pipeline for recycled water was a prelude to
lay the foundation for the Coronado Venture. Mrs. Scott also wanted to know the current average daily
water usage by the City. Public Works Director informed that currently 18 million gallons are being
treated. Mayor added that this will increase during the summer months.
Mrs. Scott wondered why the Coronado Venture would be using so much water. Mayor clarified
that nothing has been sold or bought; these are agreement options to allow Coronado Ventures if they
decide to build here, to proceed with their project. Both pipeline projects you mentioned have only
been discussed not approved and has nothing to do with Coronado Venture Project.
Kelly Mestas, 5232 Kingston, expressed concern for how we were going to use the water in our City.
He asked what environment studies the City is looking at and what other information is available before you
decide to allow a facility like this to come into the City; I am concerned about that resource being used for that
plant and when it could be a source of water when we get into Stage 4. How is this going to impact us overall
as far as water availability in the future?
City Manager explained the environmental issues, the type of water, and the two pipeline projects
being considered. We are doing these two project studies solely to address the City's water issues.
Donna Long, 2019 Ardath, expressed concern about the water, short term. Project sounds wonderful
long term, however how many people are you going to bring into the City that will need water and more
construction and we are facing Stage 4 and we cannot live the way we want to. I have a concern because we
do not have the water to support the people that are already here. City Manager addressed her concerns,
noting that the water use will not be much at all, if any;jobs will be part-time jobs, and it will not be a huge job
creator. Very little processed water would be needed.
Kevin Pearson, 5017 Whisperwind, stated that there is another side to this. This corporation is going
to invest$650 million into this community and they would not come here if we did not have sufficient water to
serve their needs. The Corporation has to go through permitting process and if we do not measure up this will
not go forward.
Tom Long, 2019 Ardath, asked what kind of plant this would be. City Manager explained. Mr. Long
asked for details of how the combined cycle would be used. City Attorney explained the process expected to
be used.
Motion carried by the following vote.
Ayes: Mayor Barham, Councilors Smith, Pope, Hooker, Ingle, and Ward
Nays: None
Item 8d
ORDINANCE NO. 29-2013
An Ordinance Of The City Council Of The City Of Wichita Falls, Texas, ("City") Approving
And Adopting Rate Schedule "RRM — Rate Review Mechanism" For Atmos Energy
Corporation, Mid-Tex Division To Be In Force In The City For A Period Of Time As
Specified In The Rate Schedule; 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 ACSC Legal Counsel
Moved by Councilor Hooker that Ordinance No. 29-2013 be passed.
Motion seconded by Councilor Ingle.
Leann Andrews, 4635 Pendleton, expressed concerns about the environmental issues and
pollution these plants would bring to our City. She does not want to live in a polluted City with the
emissions and effects of these type plants.
Motion carried by the following vote.
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Ayes: Mayor Barham, Councilors Smith, Pope, Hooker, Ingle, and Ward
Item 8d continued
Nays: None
City Council recessed at 9:40 a.m. and reconvened at 10:00 a.m.
City Manager addressed/clarified some points regarding environmental concerns from the public.
He explained that this proposed power plant is the latest in technology, a clean power plant proposed to
be built in the Industrial Park. It will not look like the Okla-Union Plant. No coal, no methane, stuff that
you would smell if you were in Texas City; it is a misconception.
Regarding the water, it is not potable, it is effluent that will be used and will not be needed until
2017 or 2018; and we have it in our contract that if we need the water, we are protected where we are
not required to sell them water.
Economic development has been impacted and we need jobs, all kind of jobs and we need to
focus on wealth and improvement of this community or the tax base will continue to shrink; and the tax
payers will have to pay more.
People need to keep in mind all the benefits.
Item 9a
A proposed resolution was presented to appoint members to the Lake Wichita Study
Committee.
Moved by Councilor Smith that this item be tabled; we have been receiving applications to serve
on this committee and want to have a large array from which to select since we are still receiving
applications.
Motion seconded by Councilor Ward and carried by the following vote.
Ayes: Mayor Barham, Councilors Smith, Pope, Hooker, Ingle, and Ward
Nays: None
Item 11 a-11 c
City Council went into Executive Session at 10:08 a.m. in accordance with Texas Government Code§
551.071, §551.072, and §551.087.
City Council reconvened at 10: 38 a.m.
Mayor announced that no polls or votes were taken during Executive Session.
Item 9b
RESOLUTION NO. 54-2013
Resolution Authorizing The City Manager To Execute Agreements And All Other
Necessary Documents With Coronado Power Ventures, LLC. And Related Entities To
Provide For The Development, Acceptance And Use Of Infrastructure And City Services
In, To, And For 77 Acres Of Property In Block 27 Of The Kemp & Newby Subdivision Of
Cherokee County School Land, Abstract 33, Wichita County, Texas (in the Wichita Falls
Business Park)
Moved by Councilor Ingle that Resolution No. 54-2013 be passed.
Motion seconded by Councilor Smith.
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Marilyn Scott, 2404 Polk, asked what the cost would be to the City for this item. City Manager
informed that on the water infrastructure for example if the City built the permanent rebuilt structure it
would cost us roughly $29 million and if Coronado Venture comes we could reduce the cost by $5.5
Item 9b continued
million. The road would cost approximately $1.5 million and that would be paid 100% by Coronado
Ventures. Most of the items will be paid by Coronado Venture. Mrs. Scott was still opposed to this item
because of the water situation.
Motion carried by the following vote.
Ayes: Mayor Barham, Councilors Smith, Pope, Hooker, Ingle, and Ward
Nays: None
Item 10a.
There were no staff reports.
Item 10b
Council members brought up the following matters:
Councilor Pope:
a) When will the bus station be operable? Mr. John Burrus informed that they are looking at
October.
Councilor Ingle:
a) Thanked City Manager and staff for the work that has gone into the Coronado Project. This is
not a done deal just putting things in order; things could change. This is something our City
needs.
Councilor Smith:
a) We are now looking at Stage 4 of our Drought Contingencies Plan. Water Resources
Commission has prepared a recommendation that will come to Council June 4. He asked
staff to see how we can save our trees. We may need a work session with Public Works and
Water Resources Commission.
b) Golf Course where we spent approximately $2 million and as we go into Stage 4, it is going to
take a big hit. We have effluent water and need to use it. Asked staff to give us more
options, anything else we can do. How much water are we going to use to keep the greens at
the Golf Course? Staff will provide Council the amount of water use under Stage 3.
c) We do have a lengthy supply of water in our lakes for possibly a year and for consumption
one and a half years. Public Works Director informed that the Lakes were lower in 2000 and
restrictions are more strict now than in 2000; many things are being done that are more strict
than in 2000.
d) Prayers for tornado victims.
Councilor Hooker:
a) Has questions regarding not watering trees and foundation during Stage 4; asked for some
explanation at some point.
Mayor Barham:
a) Regarding Coronado Plant Project, we need to keep in mind that with the environmental
concerns that exist today the coal power plants in our state that currently exist and that
provide electricity to our electric grid will at some time be shut down in the future because of
environmental concerns. That leads us to our next option, which is nuclear, wind, solar, or
natural gas powered plants. This is a perfect opportunity for us to garner some significant
financial benefits by allowing this natural power facility to come into our City. It will provide
power to the grid within the State of Texas as opposed to the Okla-Union Plant. This is a
great benefit for us and gets us on the grid. There is the possibility that if the Coronado
Venture plant comes to Wichita Falls we will become a node on the grid and that will get us a
reduction on our electric rates. There are a lot of benefits if this plant comes here; this is a
win-win project that will benefit not only Wichita Falls but Wichita Falls Independent School
District and Wichita County.
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b) He told Mrs. Scott that they appreciate her coming in but wanted her to understand that in
1997 the voters voted in the 4A and 4B and the voters will be the ones to remove them. I do
not think this Council is interested in doing away with the 4A and 4B sales tax. If there is any
interest in removing the 4A and 4B sales tax it would be through a referendum; persons
interested in doing this can obtain information from the City Clerk or City Attorney.
c) My thoughts and concerns, prayers to all those affected in Oklahoma by the tornadoes.
Item 12
City Council adjourned at 11:05 a.m.
PASSED AND APPROVED this 4th day of June 2013.
Glenn Barham, Mayor
ATTEST:
Lydia Ozuna, City Clerk
City of Wichita Falls
City Council Agenda
Glenn Barham, Mayor
Michael Smith, At Large
Ben Hoover, District 1
Annetta Dotson, District 2 = '
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�� Tim Ingle, District 4
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S/u�Skie,Crnlden0��vrtun�tie, Darron Leiker, City Manager ---
Miles Risley, City Attorney
Lydia Ozuna, City Clerk
Notice Of Regular Meeting Of The Mayor And City Council Of The City Of Wichita
Falls, Texas, To Be Held In The City Council Chambers, Memorial Auditorium,
1300 Seventh Street, Tuesday, May 21, 2013 Beginning At 8:30 A.M.
Item # Bill #
1. Call To Order
2. (a) Invocation: Pastor Gene Holley
Life Tabernacle Church
(b) Pledge Of Allegiance
3. Presentations
(a) Proclamation - Respect for the Law Week
(b) Proclamation - Emergency Medical Services Week
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 The May 7, 2013 Regular Meeting and May 14, 2013
Special Meeting Of The Mayor And City Council
CONSENT AGENDA
6. Receive Minutes
(a) Wichita Falls Park Board Meeting, January 24, 2013
(b) The Wichita Falls Traffic Safety Commission, April 3, 2013
(c) Planning and Zoning Commission, April 10, 2013
REGULAR AGENDA
7. Wichita Falls Business Park Industrial Reinvestment Zone #1 Designation
(a) Public Hearing For Ordinance Designating 77 Acres In Block 27 Of
The Kemp & Newby Subdivision Of Cherokee County School Land,
Abstract 33, Wichita County, Texas, As The Wichita Falls Business
Park Industrial Reinvestment Zone #1
(b) Ordinance Designating 77 Acres In Block 27 Of The #79
Kemp & Newby Subdivision Of Cherokee County School
Land, Abstract 33, Wichita County, Texas, As The
Wichita Falls Business Park Industrial Reinvestment
Zone #1; Providing For Severability; Declaring An
Emergency; And Providing An Effective Date
8. Ordinances
(a) Ordinance Authorizing The City Manager To Grant A #80
Drainage Easement Consisting Of 1,009.65 Square Feet
Across City-Owned Property Known As The Wichita
Falls Transfer Station And Located At 3904 Lawrence
Road To Call/Lawrence Venture
(b) Ordinance Authorizing The City Manager To Grant A #81
Sanitary Sewer Easement Consisting Of 1,006.5 Square
Feet Across City-Owned Property Known As The
Wichita Falls Transfer Station And Located At 3904
Lawrence Road To Call/Lawrence Venture
(c) Ordinance Approving The Wichita Falls Economic #82
Development Corporation's Option And Sale Of 77
Acres In The Wichita Falls Business Park And Waiving
The Application Of The Platting And Improvement
Obligations Of Appendix A Of The Code Of Ordinances
To The Transfer Of The Property By The WFEDC Until
Development Of The Property By The Buyer
(d) Ordinance Approving And Adopting Rate Schedule #83
"RRM — Rate Review Mechanism" For Atmos Energy
Corporation, Mid-Tex Division; Adopting A Savings
Clause; And Requiring Delivery Of This Ordinance To
The Company And ACSC Legal Counsel
9. Resolutions
(a) Resolution Appointing Members To The Lake Wichita #84
Study Committee
CITY COUNCIL AGENDA
PAGE 2 OF 4
(b) Resolution Authorizing The City Manager To Execute #85
Agreements And All Other Necessary Documents With
Coronado Power Ventures, LLC. And Related Entities To
Provide For The Development, Acceptance And Use Of
Infrastructure And City Services In, To, And For 77
Acres Of Property In Block 27 Of The Kemp & Newby
Subdivision Of Cherokee County School Land, Abstract
33, Wichita County, Texas (in the Wichita Falls Business
Park)
10. Other Council Matters
(a) Staff Council Discussion
(b) Discussion Of Items Of Concern To Members Of The City Council.
11. Executive Sessions:
(a) Executive Session in accordance with Texas Government Code
§551.071, consultation with attorney on matter involving pending or
contemplated litigation or other matter in which the duty of the
attorney to the governmental body under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with the Texas Open Meetings Act (including, but not
limited to, legal issues related to property interests held, purchased,
and/or subject to transfer for industry, utilities, and infrastructure)
(b) Executive Session in accordance with Texas Government Code §
551.072, to deliberate the purchase, exchange, lease, or value of real
property interests due to the fact that deliberation in an open
meeting would have a detrimental effect on the position of the City in
negotiations with a third party (including, but not limited to,
purchase, exchange, lease, or value of property interests
for industry, utilities, and infrastructure)
(c) Executive Session in accordance with Texas Government Code §
551.087, to discuss or deliberate the offer of a financial or other
incentive to a business prospect that the City Council seeks to have,
locate, stay, or expand in or near the territory of the City of Wichita
Falls and with which the City and/or economic development
corporations created by the City are conducting economic
development negotiations (including, but not limited to, industry,
utilities, and infrastructure)
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 6th Street
entrance nearest the Council chambers. There are additional handicapped parking
CITY COUNCIL AGENDA
PAGE 3 OF 4
spaces and ramp on 7th Street at the main building 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 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
2013 at o'clock (a.m.)(p.m.).
City Clerk
CITY COUNCIL AGENDA
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