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Min 06/17/2014 CITY COUNCIL MINUTES June 17, 2014 Page 1 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building June 17, 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 - Tim Ingle - Tom Quintero - Darron Leiker - City Manager Miles Risley - City Attorney Tracy Norr - City Clerk - - - - - - - - Mayor Barham called the meeting to order. - - - - - - - - Item 2a - Invocation Reverend David Crawford, Pastor of Fain Presbyterian Church, gave the invocation. - - - - - - - - Item 2b - Pledge of Allegiance Mayor Barham led in the Pledge of Allegiance. - - - - - - - - Item 3 – Presentations – Lake Wichita Study Committee Steve Garner gave an update from the Lake Wichita Study Committee. He said the next step for the committee is to put together a project and obtain funding. A subcommittee has been formed to begin that process. Several financial commitments have been secured. He thanked the council and staff for their encouragement and help. Mr. Garner answered questions about the project. - - - - - - - - CITY COUNCIL MINUTES June 17, 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. Mike Kaspar, 3002 Cumberland Avenue, spoke about a letter about ownership and enforcement of cleaning in alleys. He asked the council to follow up on that concern. Mr. Kaspar also said some of the area residents have expressed concerns that city employees are littering. Mayor Barham said a unit number from the vehicle should be called in. Madison Hasson, 1573 Clover Lane, said his family’s trees have died due to the drought. He said he measured the depth of the Wichita River at two different locations and calculated how much water goes by those locations. He said the river should be investigated as a possible water source. Mayor Barham said the river has been considered, but there are issues that need to be addressed before it could be used. - - - - - - - - Item 5 – 6a – Consent Items City Manager Darrin Leiker gave a briefing on the item listed under the Consent Agenda. Moved by Councilor Smith that the Consent Agenda be approved. Motion seconded by Councilor Hoover and carried by the following vote: Ayes: Mayor Barham, Councilors Hoover, Dotson, Hooker, Smith, Ingle, and Quintero. Nays: None Item 5 - Approval of Minutes of the June 3, 2014 Regular Meeting of the Mayor and City Council - - - - - - - - Item 6 – Public Hearing on the Proposed 2014 Fifth Year Annual Action Plan of the Adopted 2010-2014 Public Housing Agency (PHA) Five Year Plan A public hearing as opened at 8:48 a.m. Kevin Hugman explained the purpose of the action plan and the funding. Housing for homeless individuals was discussed. It was noted that this program does not address homeless housing. No citizen comments were offered. The public hearing was closed at 8:55 a.m. - - - - - - - - Item 7a – Ordinance #26-2014 ORDINANCE N0. 26-2014 Ordinance Amending the Code of Ordinances of the City of Wichita Falls to Modify Article IV of Chapter 58 Thereof, which Regulates Smoking in Public Places; CITY COUNCIL MINUTES June 17, 2014 Page 3 Providing a Penalty Not to Exceed $500 upon Conviction; and Providing for Codification Moved by Councilor Dotson that Ordinance No. 26-2014 be passed. Motion seconded by Councilor Smith. Lou Kriedler reviewed the reasons for adopting the ordinance and discussed a two-year grandfathering clause for bars and restaurants. She reviewed the provisions and requirements of the ordinance. Mayor Barham asked for comments in favor of the ordinance first and stated each side would be limited to 15 minutes. Dr. Ken Ulrich, 2209 Berkley, said he was part of the 1994 coalition that worked to pass the initial ordinance. He said this is an issue of concern for health of the community. It is also an economic issue. The community voted in favor of the ordinance in 1994 and establishments have done well. He said this is also a quality of life issue for the community, noting that there are more cities with tobacco control ordinances now than in 1994. Phyllis Cowling, 5104 Crown Ridge, president and CEO of United Regional Health System, said the body of medical evidence showing health problems caused by smoking and second-hand smoke is voluminous. She said an individual has a right to inflict damage upon their own body, but everyone absorbs the increased health care costs of smoking-related illnesses. Ann Rizzo, 2 Hazel Court, said the effects of second-hand smoke have been evidenced since 1964 by studying conducted by airlines. Smoke free sections did not solve the problems. She cited data from cities with no-smoking ordinances showing increases in restaurants and tourism. She said 21% of people in Wichita County smoke. She said one case of lung cancer costs $100,000 minimum. Much of that costs comes from taxpayers. She said it is the job of health professionals to bring these concerns to the attention of the citizens. Jackie Bush, 1809 Deer Parkway, spoke on behalf of Smoke Free Texas and expressed concerns about the two-year provision of the ordinance. She asked that the implementation by reduced to one year. She presented petition cards. Howard Farrell, 4401 Nassau, said the council has heard all the information needed that this ordinance should be supported. He said the council has a large responsibility about quality of life. The ordinance does not tell people they cannot smoke; it only regulates locations. Glen Rabideau, 4705 Lois Lane, related scriptures about loving neighbors and cleansing ourselves and related them towards smoking. He asked the council to approve the ordinance. Jill King, 4314 Craigmont Drive, thanked the council for considering the ordinance. As a registered dietician, she approaches this as a health and wellness issue. She said there are not benefits of smoking for the community. Smoking affects her asthma. She said she is part of the silent majority. Carl Mannery, 305 West Southland in Electra, asked where the bureaucracy will stop. He said the ordinance is unnecessary. There are less than 10% of buildings in the city where CITY COUNCIL MINUTES June 17, 2014 Page 4 smoking is allowed. He said he supports the rights of the business owners and he prefers to go to areas where his right to smoking is allowed. He asked about how much money was spent to advocate the passage of this ordinance. He said the propaganda is an affront to citizens and an insult to the veterans who have fought to protect the liberty of citizens. He said he wants the salary of health department employees withheld until they get their body fat into appropriate levels. Mayor Barham asked him to cease his personal attacks. Jimmy York, 205 East Scott Street, said as a Vietnam veteran, he received cigarettes and beer in their rations. He said he fought for this country and this ordinance talks away the rights of people. He has owned a bar for 30 years and said he is in perfect shape. He said the ceiling tiles in his bar are brown from second-hand smoke. People against smoking don’t have a conception of the effect on the businesses. Taking care of health should be an individual decision. Jean Hall, 4112 Kingsbury Drive, said she has contacted the council to ask them to back off and allow people to make their own decisions about their own businesses. She said it is not the government responsibility to protect people from their own choices. Kimberly Stephens, 311 East Scott Street, said this is about freedom of choice. She said she understands second-hand smoke causes health risks, but the concern is a matter of individual choice. She presented signatures of people opposed to the ordinance. Leslie Craig, 1616 Elizabeth, said people who don’t smoke don’t have to go to places where there is smoking. He said there are more people who die from drunk driving than from second-hand smoke. He said everyone is forced to have insurance. They should be allowed to smoke. Justin Slager, 3703 Sharon, said while the bar owner’s association does not agree, he thinks this ordinance is the best option at this time. Danny Ahern, 2957 South Shepards Glen, said it is the job of the council to decide on this issue, not to send it to the voters. He said the doctors cannot tell why the bar owners were not included on the coalition. He said there should be an ad hoc committee with fair representation for this type of issue. He said bars cater to adults. He said the ordinance with the grandfathering clause is the best compromise at this time. He said this city is not like other cities. The smoking ban will not bring in economic development. He asked council to take action and end the debate. Gary Baker, 4309 Jacksboro Highway, said he is an architect representing the Lone Star Bar that will be constructed in Wichita Falls. He asked that the nightclub, which is under construction, be included in the grandfathering. Opening is anticipated by September 30, 2014. Discussion was held about changing the grandfathering date to address Mr. Baker’s concern. Brad Beard, Fort Worth, asked if a bingo hall could be included in the same grandfathering extension. City Attorney Miles Risley said there is already a section in the ordinance addressing bingo halls where the extension could be allowed. Motion by Councilor Ingle to amend Sec. 58-103 (d) to show a designation date of October 1, 2014 and to amend 58-103 (f) to change June 17, 2014 to October 1, 2014. Motion seconded by Councilor Dotson. CITY COUNCIL MINUTES June 17, 2014 Page 5 The motion to amend carried by the following vote: Ayes: Mayor Barham, Councilors Hoover, Dotson, Hooker, Quintero, Ingle, and Smith. Nays: None The motion as amended carried by the following vote: Ayes: Mayor Barham, Councilors Hoover, Hooker, and Smith. Nays: Councilors Quintero, Ingle, and Dotson - - - - - - - - Item 7b – Ordinance #27-2014 ORDINANCE NO. 27--2014 Ordinance Authorizing the Purchase of Reverse Osmosis Membrane Elements for Replacement in Five Reverse Osmosis Trains at Cypress Water Treatment Plant, in the Amount of $878,000, from Siemens Incorporated or Assignee Thereof, and Making a Budgetary Appropriation in the Amount of $575,000 in the Water/Sewer Fund to Complete the Purchase Moved by Councilor Ingle that Ordinance No. 27-2014 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 7c – Ordinance #28-2014 ORDINANCE NO. 28-2014 Ordinance Authorizing the City Manager to Execute an Engineering Services Agreement with Freese & Nichols, Inc. to Update the City’s Long-Range Water Supply Plan, and Making a Budgetary Appropriation in the Amount of $135,000 in the General Fund to Finance the Cost for the Plan Moved by Councilor Ingle that Ordinance No. 28-2014 be passed. Motion seconded by Councilor Hoover and carried by the following vote: Ayes: Mayor Barham, Councilors Hoover, Dotson, Hooker, Quintero, Ingle, and Smith. Nays: None - - - - - - - - CITY COUNCIL MINUTES June 17, 2014 Page 6 Item 8a – Resolution #62-2014 RESOLUTION NO. 62-2014 Resolution Approving the 2014 Fifth Year Annual Action Plan of the Adopted 2010-2014 Five Year Public Housing Agency Plan Moved by Councilor Hoover that Resolution No. 62-2014 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 8b – Resolution #63-2014 RESOLUTION NO. 63-2014 Resolution Allowing 11 Trustee Properties to be Sold for Less than the Total Amount of the Judgments Against Them as Authorized by Section 34.05(i) of the Texas Tax Code Moved by Councilor Hooker that Resolution No. 63-2014 be passed. Motion seconded by Councilor Hoover and carried by the following vote: Ayes: Mayor Barham, Councilors Hoover, Dotson, Hooker, Quintero, Ingle, and Smith. Nays: None - - - - - - - - Item 8c – Resolution #64-2014 RESOLUTION NO. 64-2014 Resolution Approving the Programs and Expenditures of the Wichita Falls Economic Development Corporation (WFEDC) and Amending the Budget to Include Up to $304,280 for the Cryovac Printer Installation Project Moved by Councilor Ingle that Resolution No. 64-2014 be passed. Motion seconded by Councilor Hooker. Stan Spruiell, Cryovac Plant Manager, said this is a potential planning opportunity for growth that may come within the company. There is no project at this time. The plan does include other equipment within the facility. He said the economic impact is expected to be approximately $2.5 million and there will be up to 34 additional jobs created. Mayor Barham explained that the funds will not be spent at this time. The funds will be encumbered until the jobs are created and documented. CITY COUNCIL MINUTES June 17, 2014 Page 7 The motion carried by the following vote: Ayes: Mayor Barham, Councilors Hoover, Dotson, Hooker, Quintero, Ingle, and Smith. Nays: None - - - - - - - - Item 8d– Resolution #65-2014 RESOLUTION NO. 65-2014 Resolution Authorizing Application for Financial Assistance from the Texas Water Development Board; Designating Certain Consultants; and Making Certain Findings in Connection Therewith Moved by Councilor Ingle that Resolution No. 65-2014 be passed. Motion seconded by Councilor Hoover and carried by the following vote: Ayes: Mayor Barham, Councilors Hoover, Dotson, Hooker, Quintero, Ingle, and Smith. Nays: None - - - - - - - - Item 8e – Resolution #66-2014 RESOLUTION NO. 66-2014 Resolution Awarding Bid and Contract for the Northside Wastewater Treatment Plant Effluent Reuse Conveyance Facilities (CWF14-732-14) Moved by Councilor Hooker that Resolution No. 66-2014 be passed. Motion seconded by Councilor Ingle and carried by the following vote: Ayes: Mayor Barham, Councilors Hoover, Dotson, Hooker, Quintero, Ingle, and Smith. Nays: None - - - - - - - - Item 8f – Resolution #67-2014 RESOLUTION NO. 67-2014 Resolution Authorizing the City Manager to Execute a Professional Services Agreement with URS Corporation for Engineering and Quality Assurance Testing Services in Conjunction with Commercial Apron Work for the Terminal Area Project at Wichita Falls Regional Airport, in an Estimated Amount of $320,365.08 Moved by Councilor Hooker that Resolution No. 67-2014 be passed. Motion seconded by Councilor Smith and carried by the following vote: CITY COUNCIL MINUTES June 17, 2014 Page 8 Ayes: Mayor Barham, Councilors Hoover, Dotson, Hooker, Quintero, Ingle, and Smith. Nays: None - - - - - - - - Item 8g – Resolution #68-2014 RESOLUTION NO. 68-2014 Resolution Confirming the Appointment of Jon Reese as Fire Chief for the City of Wichita Falls Moved by Mayor Barham that Resolution No. 68-2014 be passed. Motion seconded by Councilor Hooker Bobby Whitely, 1105 Scott, spoke thanked Darron Leiker for including the Firefighters Association in the selection process. He said Jon has done a lot of work to improve the communication between the association and the Fire Department. He said Jon deserves the job and is endorsed by the Firefighter’s Association. The motion carried by the following vote: Ayes: Mayor Barham, Councilors Hoover, Dotson, Hooker, Quintero, Ingle, and Smith. Nays: None - - - - - - - - Item 9a – Staff Reports There were no staff reports. Item 9b – Items of Concern to Members of the City Council Councilor Hoover congratulated Chief Reese. He said he is confident the council made the right decision in the smoking ordinance. Councilor Hooker added his congratulations. Councilor Smith added his congratulations. He said he feels good about the decision on the smoking ordinance and that information was added from all sides. The ordinance takes the next step toward fostering better quality of life within the city. He listed several events that are upcoming in the city, including Freedom Fest and a parade on July 4. He noted the number of calls into the Police Department. Councilor Smith also reported on a tour of the new airport facility. Councilor Ingle also extended congratulations to Chief Reese. He said he is glad there is a two-year period to work through issues with the smoking ordinance but is glad there was a compromise when working with all parties. He thanked the Health Department for their work. CITY COUNCIL MINUTES June 17, 2014 Page 9 Councilor Dotson added her congratulations to Chief Reese. She said she appreciates all the input from the citizens which added to the healthy debate. She thanked the health department and said she looks forward to moving on. Councilor Quintero said he has family members who suffer from the effects of smoking, but he believes in personal choice. He added his thanks for the input from everyone. Mayor Barham said he is glad the debate is over. The council has struggled with the smoking issue for at least four years. He agreed it could have been handled differently, but it is a good ordinance which will benefit the community. He said he feels it will have a positive impact. He said the communication was about two to one in favor of the ordinance. Item 10 – Executive Session City Council went into Executive Session at 11:23 a.m. in accordance with Texas Government Code §551.071, §551.074, and §551.087. City Council reconvened at 12:33 p.m. Mayor Barham announced that no polls or votes were taken during Executive Session. - - - - - - - - Item 11 – Appointment of Mayor Pro Tem Motion by Councilor Smith to nominate Tim Ingle as Mayor Pro Tem. Motion seconded by Councilor Hoover and carried by the following vote: Ayes: Mayor Barham, Councilors Hoover, Dotson, Hooker, Quintero, Ingle, and Smith. Nays: None Item 12 - Adjourn City Council adjourned at 12:34 p.m. PASSED AND APPROVED this 1st day of July, 2014. __________________________________ Glenn Barham, Mayor ATTEST: ____________________________________ Tracy B. Norr, MMC, City Clerk