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Min 05/20/2014 CITY COUNCIL MINUTES April 15, 2014 Page 1 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building May 20, 2014 Item 1 - Call to Order 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 Ben Hoover - Councilors Annetta Dotson - Brian Hooker - Michael Smith - Mary Ward - Tim Ingle - Tom Quintero - Councilor Elect Darron Leiker - City Manager Miles Risley - City Attorney Tracy Norr - City Clerk - - - - - - - - Mayor Barham called the meeting to order. - - - - - - - - Item 2a - Invocation John Ward, USAF (RET) Chaplain, gave the invocation. - - - - - - - - Item 2b - Pledge of Allegiance Mayor Barham led in the Pledge of Allegiance. - - - - - - - - Item 5- Comments from the Public to Members of the City Council Concerning Items That Are Not on the City Council Agenda. Brian Hull, 2308 Brook Hollow, read a letter in support of the Health Care Coalition in support of the non-smoking ordinance. A copy of the letter was distributed to the Mayor and Council. CITY COUNCIL MINUTES April 15, 2014 Page 2 Sandy Monson, 402 Shoreline, also spoke in support of the non-smoking ordinance. She said it is disappointing that Wichita Falls is not already on the list of cities with non-smoking ordinances. Keith Williamson, 1 Charing Court, said he is a member of the Wichita County Health Care Coalition, which is a 40-member group that formulated the no-smoking ordinance. The group addresses all aspects of health care. Their vision is to make the city and county healthy. The group has set this ordinance as their top priority. He discussed health conditions caused by second-hand smoke. Jeanna Berry, 506 E Texas, Iowa Park, said the coalition put a lot of thought into the ordinance to come up with the plan. She discussed the recommended distance for smoking as well as the cost for smoking. She listed additional reasons to implement the ordinance, including economic impact. Mindy Giles, 8 Maplewood Court, said her goal is to provide her children with a better life, and this non-smoking ordinance will help create a better environment for children. Charles Oldham, 4217 Seabury, said the city already has a smoking ordinance. The ordinance being discussed has come up before and the council chose not to act on it. There are less than 70 cities with smoking ordinances, and half of them have the same type of ordinance that Wichita Falls already has in place. He said the additional items in the proposed ordinance does not cause anyone to quit smoking. He said the proposal is put forward by a health group which will not pay attention to things other than health. He said someone from the beer/bar or restaurant groups should be represented in studying this. He said the bar owners are generally opposed to the proposed ordinance because they can lose money. Howard Farrell, 4401 Nassau, said the community is blessed to have a group of physicians who are concerned about the health of the citizens. He said it is not debatable that smoking kills. He said Midwestern State University is completely smoke-free. He said the request is that smoking not be allowed in the areas that impact the health of others. It does not mean that people cannot smoke. Stephen Causey, 6711 Kit Carson Trail, said he is speaking on behalf of Village Bowl. One of the first things his company did when they purchased the building was to build an enclosed room inside the building to keep the smoke in the room away from non-smokers and ventilate it through the roof. He asked if there could be an exclusion to the ordinance for a situation like that at his business, adding that it could create a safety hazard when people walk away from the building to smoke then re-enter the building with gum or gravel on their shoes. Mayor Barham said the ordinance would be presented to the council in June and there would also be a public hearing at a later date. - - - - - - - - Item 3 – Administration of Official Oath to City Council Members Tracy Norr, City Clerk, administered the Oath of Office to Mayor Glen Barham, Councilor District 3 Brian Hooker, Councilor District 4 Tim Ingle, and Councilor District 5 Tom Quintero. CITY COUNCIL MINUTES April 15, 2014 Page 3 Mayor Barham recognized Mary Ward and thanked her for many years of service to the community. - - - - - - - - Item 4 – Recess Mayor Barham called for a recess to honor outgoing Councilor District 5 Mary Ward. - - - - - - - - Item 6 – 8a – Consent Items City Manager Darrin Leiker gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Smith that the Consent Agenda be approved. Motion seconded by Councilor Dotson and carried by the following vote: Ayes: Mayor Barham, Councilors Hoover, Dotson, Hooker, Smith, Ingle, and Quintero. Nays: None Item 6 - Approval of Minutes of the May 6, 2014 Regular Meeting of the Mayor and City Council Item 7 – Resolution #52-2014 (a) Resolution awarding the bid for the purchase of one F350 and one F450 cab and chassis to Wichita Falls Ford in the amount of $62,560.00 Item 8 – Receive Minutes Minutes of the following boards and commissions were received: (a) Firefighters and Police Officers’ Civil Service Commission, December 23, 2013 - - - - - - - - Item 9a – Resolution #53-2014 RESOLUTION NO. 53--2014 Resolution Approving the Programs and Expenditures of the Wichita Falls Economic Development Corporation (WFEDC) and Amending the Budget to Include Up to $116,000 for the Lone Star Milk Producers Recruitment Project Moved by Councilor Hooker that Resolution No. 53-2014 be passed. Motion seconded by Councilor Smith. CITY COUNCIL MINUTES April 15, 2014 Page 4 Travis Campsey, CFO of the Lone Star Milk Producers said they are looking for a location in downtown Wichita Falls. They have outgrown their space in Jack County. He said the incentive package should bring them to Wichita Falls. He said the staff will increase. The motion carried by the following vote: Ayes: Mayor Barham, Councilors Hoover, Dotson, Hooker, Quintero, Ingle, and Smith. Nays: None - - - - - - - - Item 9b – Resolution #54-2014 RESOLUTION NO. 54-2014 Resolution Denying the Rate Increase Requested by Atmos Energy under the Company’s 2014 Annual Rate Review Mechanism (RRM) Filing; Requiring the Company to Reimburse Cities’ Reasonable Ratemaking Expenses; Authorizing the City’s Participation with Atmos Cities Steering Committee; Requiring the Company to Reimburse Cities’ Reasonable Ratemaking Expenses; and Other Matters Related Thereto Moved by Councilor Hoover that Resolution No. 54-2014 be passed. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Barham, Councilors Hoover, Dotson, Hooker, Quintero, Ingle, and Smith. Nays: None - - - - - - - - Item 9c – Resolution #55-2014 RESOLUTION NO. 55-2014 Resolution Adopting a Water Conservation and Drought Contingency Plan for the City of Wichita Falls Moved by Councilor Ingle that Resolution No. 55-2014 be passed. Motion seconded by Councilor Dotson and carried by the following vote: Ayes: Mayor Barham, Councilors Hoover, Dotson, Hooker, Quintero, Ingle, and Smith. Nays: None - - - - - - - - CITY COUNCIL MINUTES April 15, 2014 Page 5 Item 9d – Resolution #56-2014 RESOLUTION NO. 56-2014 Resolution Authorizing the City Manager to Execute an Engineering Services Agreement with CDM Smith, Inc. for the River Road Wastewater Treatment Plant Permanent Water Reuse Project (Part 1, Preliminary Engineering) in the Amount of $1,026,475 Moved by Councilor Ingle that Resolution No. 56-2014 be passed. Motion seconded by Councilor Hooker and carried by the following vote: Ayes: Mayor Barham, Councilors Hoover, Dotson, Hooker, Quintero, Ingle, and Smith. Nays: None - - - - - - - - Item 9e – Resolution #57-2014 RESOLUTION NO. 57-2014 Resolution Awarding the Bid for the McNiel Drainage and Southwest Pkwy Intersection Improvements Project to North Texas Contracting, Inc., in an Estimated Total Amount of $6,558,667.00 Moved by Councilor Ingle that Resolution No. 57-2014 be passed. Motion seconded by Councilor Hooker and carried by the following vote: Ayes: Mayor Barham, Councilors Hoover, Dotson, Hooker, Quintero, Ingle, and Smith. Nays: None - - - - - - - - Item 9f – Resolution #58-2014 RESOLUTION NO. 58-2014 Resolution Authorizing the City Manager to Apply for the FY 2014 Bulletproof Vest Partnership Program in a Total Amount of Approximately $15,191.38 Moved by Councilor Ingle that Resolution No. 58-2014 be passed. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Barham, Councilors Hoover, Dotson, Hooker, Quintero, Ingle, and Smith. Nays: None CITY COUNCIL MINUTES April 15, 2014 Page 6 - - - - - - - - Item 9g – Resolution #59-2014 RESOLUTION NO. 59-2014 Resolution Authorizing Expenditure by the City of Wichita Falls Police Department from the Federal Seized Fund Account in the Amount of $10,065.00 for the Procurement of a Dual Purpose Police Service Dog Not Included in the FY 2013 / 2014 General Fund Budget Moved by Councilor Dotson that Resolution No. 59-2014 be passed. Motion seconded by Councilor Hooker and carried by the following vote: Ayes: Mayor Barham, Councilors Hoover, Dotson, Hooker, Quintero, Ingle, and Smith. Nays: None - - - - - - - - Item 9h – Resolution #60-2014 RESOLUTION NO. 60-2014 Resolution Authorizing Expenditure by the City of Wichita Falls Police Department from the Seized Fund Account in the Amount of $48,314.94 for the Procurement of Various Items Not Included in the FY 2013 / 2014 General Fund Budget Moved by Councilor Ingle that Resolution No. 60-2014 be passed. Motion seconded by Councilor Dotson and carried by the following vote: Ayes: Mayor Barham, Councilors Hoover, Dotson, Hooker, Quintero, Ingle, and Smith. Nays: None - - - - - - - - Item 10a – Staff Reports There were no staff reports. Item 10b – Items of Concern to Members of the City Council Councilor Hoover welcomed Councilor Quintero and congratulations to the other members who were re-elected. The other councilors added their welcomes. Councilor Smith noted that Champions Golf Course was recently rated 15th best of the golf courses in the state. He added that the demolition list is coming to fruition. He thanked those who are working on this project. CITY COUNCIL MINUTES April 15, 2014 Page 7 Councilor Dotson thanked Code Enforcement for their work at 7th Street and MLK. Councilor Quintero thanked everyone for their welcome. Mayor Barham said the old Day and Night grocery and gas station are the projects that Councilor Dotson discussed. Item 11 – Executive Session City Council went into Executive Session at 10:12 a.m. in accordance with Texas Government Code §551.071 and §551.072. City Council reconvened at 10:38 a.m. Mayor Barham announced that no polls or votes were taken during Executive Session. - - - - - - - - Item 12 - Adjourn City Council adjourned at 10:38 a.m. PASSED AND APPROVED this 3rd day of June, 2014. __________________________________ Glenn Barham, Mayor ATTEST: ____________________________________ Tracy B. Norr, MMC, City Clerk