Loading...
Min 06/03/2014 CITY COUNCIL MINUTES June 3, 2014 Page 1 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building June 3, 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 Tim Ingle - Councilors Ben Hoover Annetta Dotson - Michael Smith - Brian Hooker - Tom Quintero - Darron Leiker - City Manager Miles Risley - City Attorney Tracy Norr - City Clerk Mayor Barham called the meeting to order. - - - - - - - - Item 2a - Invocation Councilor Annetta Dotson gave the invocation. - - - - - - - - Item 2b - Pledge of Allegiance Mayor Barham led in the Pledge of Allegiance. - - - - - - - - Item 3a -Employee of the Month Jim Dockery, recognized Sandra Scheller, Municipal Court, as the Employee of the Month. Mayor Barham presented a plaque, a letter of appreciation, restaurant tickets, and a check to Mrs. Scheller and thanked her for her service. - - - - - - - - CITY COUNCIL MINUTES June 3, 2014 Page 2 Item 4- Comments from the Public to Members of the City Council Concerning Items That Are Not on the City Council Agenda. Melissa Plowman, 4911 Andria Drive, said the Health Coalition initially listed no exemptions on the smoking ban. That has changed. She said all businesses can come up with a reason why the smoking ban is bad for them. She said that restaurants and bars will suffer if smoking sections are banned, and making exemptions is a slippery slope. She said if bars are allowed to have smoking but restaurants do not, the impact on the restaurants will be significant. She said she employees about 130 people, and a negative impact on the business will impact the employees. She asked the council to pass the ordinance 100 percent or not at all. Latonya Kittrelll, 1718 Tucson Drive, said she manages Parkway Grill North. She said the ban should be 100 percent or not at all. It is not fair to single out establishments. The north side of town has been lacking in development and the businesses there should not be punished. She said about 70 percent of their bar sales are smokers. She said surrounding towns allow smoking, so patrons would no longer come to Wichita Falls. She noted her business has already met guidelines for smokers. David Hicks, #1 Sun Stone Court, said he disagrees with the ordinance and would like to see it tabled for 12 months, allowing business owners to meet with the Health Coalition and to give a better view of the economy with the water situat ion. He said if the government bans smoking, it will do little to improve the local health. Smokers would not come to Wichita Falls and local people would leave the city, taking sales tax dollars with them. He said if people want a smoking ban in bars, they should try to establish one. He asked the council to support his business for economic reasons. Karel Davis, 5210 Tower Drive, #218, spoke on behalf of the American Cancer Society. She said she is a cancer survivor. She said cancer survivors don’t want their health compromised by second-hand smoke. She spoke about the effects of chemotherapy and encouraged people to not smoke. She listed health issues caused by smoking and by second hand smoke. She asked the council to help prevent the health issues and said the ventilation systems in restaurants do not work. John Dickinson, 1602 P.B. Lane, said he believes bars and restaurants are two different cultures and patrons should be allowed to make the decision about smoking. The smoking ban affects tax basis, civil liberties, and small business. He said he agrees with the Fort Worth 70/30 ordinance. He believes the smoking ban would drive customers to the casinos and cause some bars to close. The push for a state-wide ban has been shot down three times. He said children should not have to breathe second hand smoke, but smoking should be allowed in bars. Kelly Murphey, 5606 Briargrove Drive, said he has a lot of patrons at his bar who want to be able to smoke. They are not allowed to smoke at work. People have a choice of where they go, and if they don’t want to be around cigarettes they don’t need to come to his bar. Most of the employees also smoke. He said at non-smoking establishments, people stand in front to smoke. Not all businesses have enclosed patio areas where smoking would be allowed. He said the Fort Worth 70/30 rule would give people an opportunity to come to the bar and enjoy themselves. Derek Naranjo, 4800 Fairway Apartment, asked the council to research the economic impact of the smoking ban in depth. He said he has an obligation to his employees to bring in CITY COUNCIL MINUTES June 3, 2014 Page 3 more business so they can meet their expenses. His job is also to make a safe environment for his employees. The Health Coalition has presented information that there is no economic impact, but they lumped bars and restaurants together. They failed to delve into the particulars of the studies and do not say that the bars do feel the impact. He referenced studies by UNT and the State of Michigan that show the bars do feel the revenue impact. He said the bar industry has been difficult in Wichita Falls for three years and the ordinance would create an unfair advantage for the bars. John Christoff, 1013 Turtle Creek Road, spoke in opposition to the proposed ordinance. He said he has not smoked cigarettes for 25 years. He said people come to Texas for opportunity, commerce, and liberty, which includes the freedom of association. The ordinance would affect liberty and commerce. It would hinder consenting adults using legal products in licensed establishments and would burden law enforcement. The patio idea or distance from doors would not work and would lead to a full ban. He said good intentions lead to unintended consequences. He said county line bars would open in neighboring counties. Regulations would close small businesses. Charles Oldham, 4217 Seabury, said he is the attorney for the Wichita Falls Bar Owners Association. The main thing the bar owners want is to stay in business, and they don’t believe they can stay in business if smoking is not allowed. He suggested adding a section to the ordinance that would state that bars that can prove each year that their gross income is at least 70 percent from alcohol and not more than 30 percent of food be exempt from the statute. He said roughly 50 percent of cities with smoking ordinances exclude bars. He also suggested a grandfather clause for existing bars. He said the economy in Wichita Falls is not good and the bar owners feel that. He referenced a study about second hand smoke, stating the only effect is on children who live in a household with smokers. Barbara Sutton, 1010 Fell Lane, spoke representing Shady Lady Saloon. She said the non-smoking establishment next to hers is having a hard time. Sh e said there is an exhaust inside her business and they get compliments about how clean it smells. She said they are trying to survive and there is not a place outside for several bars for smokers. Jackie Bush, 1809 Deer Park Way, spoke as a two-time cancer survivor. She said many restaurants have non-smoking on Sunday, and while that is wonderful, it is not ideal. There are still a lot of effects of the smoking. She said she does not want to ban smoking, but she would like it to not be allowed in enclosed areas. She said there is nothing in the constitution guaranteeing people a right to smoke. Smoking does affect the right of people who do not want to smoke. Jed Grisel, 5109 Lake Wellington Parkway, spoke as a physician. He provided several articles demonstrating the effect of second-hand smoke and head/neck cancers. He gave details of one of his patients who spent time around second-hand smoke. He said the patient developed cancer in his mouth. Mr. Grisel noted the 70/30 ordinance would not have diluted the risk for this patient in developing cancer. He said the lives and health of employees is important. He continued to say that the patient had aggressive surgery and radiation. He asked if it is worth it economically to expose people to the risk of second-hand smoke. He said he wonders about the association with the tobacco industry in those cities with the 70/30 ordinance. Mr. Grisel urged the council to adopt the ordinance as written. Mike Bullitt, 3711 Kessler, said he was co-chair of the Health Coalition that developed the ordinance. The concept of the ordinance took over a year of development. He said in the CITY COUNCIL MINUTES June 3, 2014 Page 4 40 years he has been in health care in Wichita Falls, he has never seen the involvement of the health care providers in developing this ordinance. He said the health in Wichita Falls continues to decline, and it is hard to bring in business to the city where the health is declining. He urged the council to adopt the ordinance as written. Michael Latham, 2200 Cooke Avenue, said he spent his career in the military to defend the constitution, including the business owners. Many businesses made the decisions to ban smoking, and he feels the decision should be left to the business owners. He said the smoking ban would affect the convention bureau trying to bring people to town. Ahmed Mattar, 3508 Stirling Street, said he is a family physician, and there is no question about the effect of smoking. The discussion is on economics. He discussed prevention of disease, noting that not smoking is primary prevention and is not expensive. Secondary prevention, or treatment of disease, is expensive. He said the cost of secondary prevention is paid for by everyone. The ordinance costs nothing. He said he likes to go to bars and listen to live music, but his freedom is limited by the smoking in those establishments. He asked the council to adopt the ordinance. Kay Kamm, 8900 Carpenter Freeway in Dallas, spoke on behalf of the American Cancer Society. She said the ordinance does not ban smoking. It simply regulates the location of smoking. It particularly protects the workers in establishments where smoking is allowed. She said the 2004 study in Dallas that was previously mentioned and the rebuttal of that study followed the initial ordinance did not reflect smoking in Dallas bars. She listed cities in Texas with smoke-free ordinances and discussed the effect on the economy of those cities. She said going smoke-free costs a business nothing and could reduce their business costs for insurance, upkeep, and worker productivity. Mindy Giles, 8 Maplewood Court, said the council has heard facts and statistics so she shared her experience as a college student in Wichita Falls. She worked on campus and also as a hostess in a restaurant. She said she has asthma and the restaurant job made it hard for her to breath while seating customers in the smoking section. She said smoking affects the health of all employees. People shouldn’t have to choose between a paycheck or protecting their health. Rachel Brown, 7116 FM 1740, spoke as a cancer survivor and as a young adult. She said she is new to the area and came from an area that was non-smoking. She said she was surprised coming to the city where smoking was allowed. She said she leaves those businesses to protect her health and that of her family. She said she does not want to be exposed to other people’s choices in an indoor environment. She said the ordinance is very well put together. Arthur Gaona, 2401 Marika, said he has a club in town. He had clubs in other cities where he lost his business due to smoking bans. He said the American Cancer Society moves quickly and has an agenda. He is trying to keep his business open. He does not want anyone to die. He said an outdoor patio or smokers in a parking lot would cause security issues. He said he has spent thousands of dollars to get smoke out of his establishment, which is his choice to make. Lauren McKechnie, 4810 Marsha Lane, , spoke as an individual as well as an American Cancer employee. She lived in other cities as they adopted non-smoking ordinances. She said she appreciated the choices of patronizing non-smoking businesses. She does not visit CITY COUNCIL MINUTES June 3, 2014 Page 5 establishments were smoking is allowed. She asked the council to adopt the ordinance. She also spoke about the costs associated with smoking at different establishments. She said there is a state-wide movement toward better health. Kelsey Bernstein, 6807 Thornclaire in Austin, said she works for the American Heart Association. She encouraged the council to adopt the ordinance. She said smoking is a public health hazard and there is no safe level of exposure. Ventilation systems decrease the small but the exposure is still there. Nancy Townley, 5109 Cypress, said she is the chief operating officer at United Regional. It is their right and privilege to provide care for the community and responsibility to advocate for the health of the community. They support the ordinance. She discussed the costs of smoking on individuals, families, the health system, and society. Emily Brock, 2404 Bullington, said there is a the need to made deep versus shallow bed in rivers and lakes and to introduce beavers into the Red River. - - - - - - - - Item 5 – 6f– Consent Items City Manager Darron 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 Quintero and carried by the following vote: Ayes: Mayor Barham, Councilors Hoover, Dotson, Quintero, Hooker, Smith, and Ingle. Nays: None Item 5 - Approval of Minutes of the May 20, 2014 Regular Meeting of the Mayor and City Council Item 6a-f –Receive Minutes Minutes of the following boards and commissions were received: (a) Wichita Falls Arts Commission, May 20, 2013 (b) Wichita Falls Arts Commission, September 23, 2013 (c) Wichita Falls Traffic Safety Commission, April 2, 2014 (d) Wichita Falls Economic Development Corporation, April 15, 2014 (e) Wichita Falls Park Board, April 24, 2014 (f) Wichita Falls-Wichita County Public Health District, April 25, 2014 - - - - - - - - Item 7a – Ordinance No. 23-2014 ORDINANCE NO. 23-2014 Ordinance Authorizing the City Manager to Execute all Documents Necessary to Apply for and Accept up to $50,000 in Texas Department of Transportation CITY COUNCIL MINUTES June 3, 2014 Page 6 Aviation Division Routine Airport Maintenance Program (RAMP) Funds for FY 2015 Projects at Wichita Falls Regional Airport and Appropriating Said Funds and the City’s Match of $50,000 into the Special Revenue Fund Moved by Councilor Dotson that Ordinance No. 23-2014 be passed. Motion seconded by Councilor Ingle and carried by the following vote: Ayes: Mayor Barham, Councilors Quintero, Dotson, Ingle, Smith, Hooker, and Hoover. Nays: None - - - - - - - - Item 7b – Ordinance No. 24-2014 ORDINANCE NO. 24-2014 Ordinance Authorizing the City Manager to Execute all Documents Necessary to Apply for and Accept up to $50,000 in Texas Department of Transportation Aviation Division Routine Airport Maintenance Program (RAMP) Funds for FY 2015 Projects at Kickapoo Downtown Airport and Appropriating Said Funds and the City’s Match of $50,000 into the Special Revenue Fund Moved by Councilor Ingle that Ordinance No. 24-2014 be passed. Motion seconded by Councilor Dotson and carried by the following vote: Ayes: Mayor Barham, Councilors Quintero, Dotson, Ingle, Smith, Hooker, and Hoover. Nays: None . - - - - - - - - Item 7c – Ordinance No. 25-2014 ORDINANCE NO. 25-2014 Ordinance Making an Appropriation to the Special Revenue Fund for the Women, Infants and Children Grant in the Amount of $28,756 Received from the Department of State Health Services and Authorizing the City Manager to Execute a Contract Accepting Same Moved by Councilor Hoover that Ordinance No. 25-2014 be passed. Motion seconded by Councilor Ingle and carried by the following vote: Ayes: Mayor Barham, Councilors Quintero, Dotson, Ingle, Smith, Hooker, and Hoover. Nays: None - - - - - - - - CITY COUNCIL MINUTES June 3, 2014 Page 7 Item 8a – Resolution #61-2014 RESOLUTION NO. 61-2014 Resolution Authorizing the City Manager to Apply for Grant Funds to the Edward Byrne Memorial Justice Assistance Grant Program in the Amount of $38,539.00 with Co-Applicant, Wichita County Sheriff’s Office Moved by Councilor Hooker that Resolution No. 61-2014 be passed. Motion seconded by Councilor Ingle. The motion carried by the following vote: Ayes: Mayor Barham, Councilors Quintero, Dotson, Ingle, Smith, Hooker, and Hoover. Nays: None - - - - - - - - Item 9a – Staff Council Discussion Lou Kreidler distributed a final draft of the ordinance. She discussed the current ordinance, noting it is one of the weakest ordinances in the state. She reviewed surgeon general reports and the health risk of second-hand smoke. She noted the smoking rate in Wichita County is 21 percent, which is higher than the state rate. She also noted the premature death rate and infant mortality rate is higher. Discussion was held about the ventilation systems and why they are not effective in eliminating second-hand smoke exposure. She said the effective date for the ordinance would be January 1, 2015. She said stakeholder meetings have been held. She reviewed the process following by the Health District in developing the ordinance. The proposed ordinance was reviewed, including changes made after meeting with stakeholders. She discussed the reason e-cigarettes are included in the ordinance and why the 70/30 rule is not included. Education about the risk of second-hand smoke was discussed. She discussed the no-negative economic impact of smoke-free cities. She said the recommendation of the Health Coalition was made contingent that certain provisions remained within the proposed ordinance. Further discussion was held about getting the input of the bar owners and the process of developing the ordinance. Ms. Kreidler discussed the education efforts that have been taken. She also noted there is a six-month period after adoption of the ordinance for the ban to go into place, which allows time for businesses to comply with the regulations. Discussion was held about the choice to work or enter smoking environments, the efforts taken to reduce the exposure to second-hand smoke in residential situations, education, government control, and the timing of adopting this ordinance due to the economic situation. Mayor Barham noted that there is a means to recall the ordinance if it is adopted and the public does not like it. He said the issue needs to be considered from economic, health, and business standpoints rather than emotionally. This ordinance will be on the agenda at the next meeting. - - - - - - - - Item 9b – Discussion of Items of Concern to Members of the City Council Members of the City Council presented the following matters: CITY COUNCIL MINUTES June 3, 2014 Page 8 Councilor Quintero asked if the police department would present information about calls to bars in the evenings. Mayor Barham agreed there would be an impact if the smoking ordinance is adopted. Councilor Ingle asked for additional about building code updates. Assistant City Manager Kevin Hugman said there have been meetings and some suggestions have been made. Additional meetings are being scheduled to get more input. Councilor Ingle also asked if there would be incentives for downtown development in the next budget. Darron Leiker said information would be presented during the budget workshops. Councilor Smith congratulated John Ingle, Times Record News, for receiving an award for his coverage of the water reuse project. Councilor Smith also asked citizens to consider donations to Wildbird Rescue. He said there are problems with traffic at southbound McNeil and Kell. He discussed the downtown TIF and said there is a need for a flagship hotel near MPEC. Mr. Leiker said a feasibility study needs to be done for a Request for Proposals. There is a staff committee working on this. Councilor Hoover said the chamber president gave a great presentation on things that are moving forward within the city, including the population growth over the past few years. He said the positive perspective is important for the city’s image. Mayor Barham noted that the high school graduations started last week. He congratulated Chelsey Wells and Leslie Fry at Rider High School, Lauren Pert and Libby Schultz at Wichita Falls High School, and Ilaria Tozzi and Sophie Von Wintzingerode-Knorr at Hirschi High School as the valedictorians and salutatorians. - - - - - - Item 10 – Executive Session City Council went into Executive Session at 11:50 a.m. in accordance with Texas Government Code §551.071, §551.072, §551.074, and §551.087. City Council reconvened at 12:21 p.m. Mayor Barham announced that no polls or votes were taken during Executive Session. - - - - - - - - Item 11 – Appointment of Mayor Pro Tem This item was postponed until the next meeting. Item 12 - Adjourn City Council adjourned at 12:21 p.m. CITY COUNCIL MINUTES June 3, 2014 Page 9 PASSED AND APPROVED this 17th day of June, 2014. ___________________________________ Glenn Barham, Mayor ATTEST: ____________________________________ Tracy B. Norr, MMC, City Clerk