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Min 05/19/2015 CITY COUNCIL MINUTES May 19, 2015 Page 1 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building May 19, 2015 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 Annetta Dotson - Councilors Michael Smith - Tim Ingle - Tom Quintero - Brian Hooker - Ben Hoover - Stephen Santellana - Councilor Elect DeAndra Chenault - Councilor Elect Darron Leiker - City Manager Kinley Hegglund - City Attorney Tracy Norr - City Clerk - - - - - - - - Mayor Barham called the meeting to order at 8:30 a.m. - - - - - - - - Item 2a - Invocation Councilor Smith gave the invocation. - - - - - - - - Item 2b - Pledge of Allegiance Mayor Barham led in the Pledge of Allegiance. - - - - - - - - Item 3a – Proclamation – Hope Sunday Day, Relay for Life and American Cancer Society 8:33:03 AM Mayor Barham proclaimed May 31, 2015 as Hope Sunday in Wichita Falls and encouraged citizens to join the fight against cancer and support those who are battling cancer. CITY COUNCIL MINUTES May 19, 2015 Page 2 The representative from American Cancer Society thanked everyone for their participation. . - - - - - - - Item 3b – Proclamation - National Public Works Week, Public Works 8:36:07 AM Mayor Barham proclaimed May 17-23, 2015 as National Public Works Week in Wichita Falls and urged citizens to recognize and applaud the public works employees and their impact on the health, safety and welfare of the citizen s. - - - - - - - Item 3c – Proclamation – Recognition of Brenna Moore, MSU Golfer 8:40:19 AM Mayor Barham proclaimed May 19, 2015 as Brenna Moore Day in Wichita Falls recognizing the NCAA All American golf title which was won by Brenna Moore of MSU. - - - - - - - Item 4- Canvass the Returns of the Municipal General and Special Elections held in the City of Wichita Falls, Texas, on May 9, 2015 8:42:56 AM City Clerk Tracy Norr presented the cumulative election report. Mayor Barham read the cumulative totals and declared the winners as Michael L. Smith, Councilor At -Large, Stephen L. Santellana, Councilor District 1, and DeAndra Chenault, Councilor District 2. He also read the totals for the city proposition and the school district bond question. Item 5 – Ordinance #23-2015 8:46:36 AM ORDINANCE # 23-2015 Ordinance Canvassing the Returns of the 2015 General and Special Elections held in the City of Wichita Falls, Texas, on May 9, 2015 Moved by Councilor Hooker that the Consent Agenda be approved. Motion seconded by Councilor Dotson and carried by the following vote: Ayes: Mayor Barham, Councilors Smith, Quintero, Hooker, Ingle, Dotson, and Hoover. Nays: None Item 6 – Administration of Official Oath to Newly Elected Councilors 8:48:44 AM City Clerk Tracy Norr presented certificates of elections to DeAndra Chenault, Stephen Santellana, and Michael Smith. The Oath of Office was then administered to each. CITY COUNCIL MINUTES May 19, 2015 Page 3 Mayor Barham recognized the work done during the terms served by Ben Hoover and Annetta Dotson. Ben Hoover thanked those who elected him for his term on the council. He noted some of the things that the council has faced during the past years. He thanked the staff. Annetta Dotson thanked those in District 2 who supported her during her campaign. She also thanked the city employees, particularly the court judge and staff for allowin g her to intern with them, and Pam Burch for scheduling events. She asked for continued prayers on the leaders of the city. Mayor Barham presented a gift to each. Item 7 – Recess 8:55:44 AM A recess was called for a short reception to recognize the outgoing councilors and welcome the new councilors. - - - - - - - - Item 8 - Comments from the Public to Members of the City Council Concerning Items That Are Not on the City Council Agenda. There were no comments given. - - - - - - - - Item 9 - Consent Items 9:42:00 AM City Manager Darron 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 Quintero and carried by the following vote: Ayes: Mayor Barham, Councilors Smith, Quintero, Hooker, Ingle, Santellana and Chenault. Nays: None Item 9 - Approval of Minutes of the May 5, 2015 Regular Meeting of the Mayor and City Council Item 10a – Resolution #54-2015 RESOLUTION NO. 54-2015 Resolution Accepting the Wichita Falls Transit System Title VI Civil Rights Program to Meet Grant Assurances Required by the Federal Transit Administration CITY COUNCIL MINUTES May 19, 2015 Page 4 Item 10b – Resolution #55-2015 RESOLUTION NO. 55-2015 Resolution to approve a Fixed Price Right Of Way Local Project Funding Agreement with the Texas Department of Transportation for the State Right-Of-Way as part of the FM 2650 Highway Improvement Project Item 11 – Receive Minutes Minutes of the following boards and commissions were received: a) Wichita Falls-Wichita County Public Health Board, February 20, 2015 (b) Landmark Commission, March 3, 2015 (c) Wichita Falls Economic Development Corporation, March 18, 2015 (d) Landmark Commission, March 24, 2015 - - - - - - - - Item 12a – Resolution #56-2015 9:43:16 AM RESOLUTION NO. 56-2015 Resolution Announcing the Termination of Stage 5 Drought Catastrophe Water Restrictions and the Initiation of Stage 3 Water Restrictions Moved by Councilor Hooker that Resolution No. 56-2015 be passed. Motion seconded by Councilor Smith. Council and staff discussed the uses allowed in each stage and the comparisons to water use from the past. Kathryn Smith, Smith Garden Town , said other industries and citizens have suffered, but their business has taken a dra stic hit. Sales dropped by 75%, 75% of the employees were lost, and the business closed for three months in 2013 because of perceptions of the watering restrictions. She said allowing some watering would help their business. She asked for Stage 3 restrictions. Cattie Jackson, Shade Tree Nursery, said the 25 -year average lake level is at 66%. He said 54% is close to normal. Stage 4 cuts off the green industry, which includes the lawn mowers and tree trimmers. He said they have lost employees at thei r business. He does not believe there will be the waste in the water. He said it would take Stage 2 for his business to operate normally. Steven Smith, 1 Brass Lantern Court, said he is the chairman of the Water Resources Commission. He said he has polled the commission; there was one vote for Stage 4, three for Stage 3, and two votes for Stage 2. The consensus of the committee is to return to Stage 3. CITY COUNCIL MINUTES May 19, 2015 Page 5 Chuck Bradley, #3 Bill Court, said going to Stage 3 would give one additional day for the car washes. He said he had to close on Friday, and he would like to be open on Friday and close another day. He said told that it would require an ordinance amendment to change the day. Mr. Bradley said he would like to go to Stage 2. Carl Barnhill, Mayor of the City of Byers, said the small cities had been asked to cut the amount of water they buy from Wichita Falls. Because of the nitrate problem they have in their well water, they need to buy water and blend it. He would like to see the restrictions relaxe d so they can buy more water for their city. He asked for Stage 3. Motion amended by Councilor Hooker to establish the water restrictions at Stage 3. Motion seconded by Councilor Quintero. The motion carried by the following vote: Ayes: Councilors Smith, Quintero, Hooker, Santellana, and Chenault. Nays: Mayor Barham, Councilor Ingle The amended motion carried by the following vote: Ayes: Councilors Smith, Quintero, Hooker, Santellana, and Chenault. Nays: Mayor Barham, Councilor Ingle - - - - - - - - Item 12b – Resolution #57-2015 10:39:51 AM RESOLUTION NO. 57-2015 A Resolution of the City Council of the City of Wichita Falls, Texas, Approving a Negotiated Settlement Between the Atmos Cities Steering Committee (“ACSC”) and Atmos Energy Corp., Mid-Tex Division Regarding the Company’s 2014 and 2015 Rate Review Mechanism Filings; Approving a Settlement Agreement with Attached Rate Tariffs and Proof of Revenues; Declaring Existing Rates to be Unreasonable; Adopting Tariffs that Reflect Rate Adjustments Consistent with the Negotiated Settlement; Finding the Rates to be Set by the Settlement Tariffs to be Just and Reasonable and in the Public Interest; Requiring the Company to Reimburse ACSC’S Reasonable Ratemaking Expenses; Determining that this Resolution was Passed in Accordance with the Requirements of the Texas Open Meetings Act; Adopting a Savings Clause; Declaring an Effective Date; and Requiring Delivery of this Resolution to the Company and the ACSC’S Legal Counsel. Moved by Councilor Hooker that Resolution No. 57-2015 be passed. Motion seconded by Councilor Quintero and carried by the following vote: Ayes: Mayor Barham, Councilors Ingle, Smith, Quintero, Hooker, Santellana, and Chenault. Nays: Councilor Ingle - - - - - - - - CITY COUNCIL MINUTES May 19, 2015 Page 6 Item 12c – Resolution #58-2015 10:44:04 AM RESOLUTION NO. 58-2015 Resolution Allowing the Trustee Property Located at 815 Ft. Worth, Also Known as Lot 8, Block 18, Kemp Addition, Wichita Falls, Wichita County, Texas, to be Sold for Less Than the Total Amount of the Judgment Against It as Authorized by Section 34.05(i) of the Texas Tax Code Moved by Councilor Smith that Resolution No. 58-2015 be passed. Motion seconded by Councilor Ingle and carried by the following vote: Ayes: Mayor Barham, Councilors Ingle, Smith, Quintero, Hooker, Santellana, and Chenault. Nays: None - - - - - - - - Item 13a – Staff Reports There were no staff reports. - - - - - - - - Item 13b – Items of Concern to Members of the City Council 10:47:25 AM Members of the City Council presented the following matters: Councilor Quintero said he appreciates all the emails and phone calls concerning the drought restrictions. He also noted he would like the Water Resources Commission to consider different water restrictions for District 5. Councilor Smith thanked everyone for the work on the conservation efforts through the drought. He added his thanks to the Lord for the rain. He reminded everyone that we need to remember the lessons learned. Councilor Hooker said Stage 3 is good for now and he is pleased about the rain. He welcomed the new councilors. Councilor Chenault thanked those who came out. She expressed a need for trash cans for the downtown street corners and also to have the trash cans emptied. She said the train tracks on Rosewood and 7th Street are often blocked. Mayor Barham said the railroad issue is a problem. There is a provision in the Texas Transportation Code that prohibits blocking the tracks for a prolonged period, but there have been court decisions that do not uphold that provision. The railroad does not respond to the concerns. Councilor Santellana said the education process on the drought restrictions is important. CITY COUNCIL MINUTES May 19, 2015 Page 7 Mayor Barham welcomed the new members and told them to look forward to the orientation provided by the city staff. - - - - - - - - Item 14 – Executive Session There was no executive session held. - - - - - - - - Item 15 - Adjourn City Council adjourned at 10:52:56 AM. . PASSED AND APPROVED this 2nd day of June, 2015. __________________________________ Glenn Barham, Mayor ATTEST: ____________________________________ Tracy B. Norr, MMC, City Clerk