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Min 12/06/1994 732 Wichita Falls, Texas Memorial Auditorium Building December 6, 1994 Items 1 & 2 The City Council of the City of Wichita Falls, Texas, met in regular session on the above date in the Council Room of the Memorial Auditorium Building at 8: 30 o'clock a.m. , with the following members present. Michael Lam - Mayor Leon Mallonee - Terrance E. Loughry - Angus Thompson - Councilors Bill Daniel - J. W. Martin - Harold Hawkins - James Berzina - City Manager Gregory Humbach - City Attorney Jan Stricklin - Acting City Clerk Mayor Lam called the meeting to order. The invocation was given by Captain William Owens, Salvation Army. Item 3 Cathy Ardrey, Auditorium-Activities Center, was honored as Employee of the Month. Mayor Lam presented her with a plaque, City pin, theatre and transit tickets, dinner for two, and a check. Item 4 Moved by Councilor Thompson that minutes of the November 15, 1994 meeting be approved. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Items 5a-7e Moved by Councilor Martin that the consent agenda be approved. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None 733 Item 5a RESOLUTION NO. 190-94 A RESOLUTION ACCEPTING A FINAL REPORT FROM THE AIRPORT ZONING BOARD CONCERNING THE NECESSITY OF AMENDING ARTICLE II, SECTIONS 3-16 THROUGH 3-36 OF THE CODE OF ORDINANCES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Item 6a RESOLUTION NO. 191-94 RESOLUTION TO AWARD BID TO MCGRATH BROTHERS CONCRETE COMPANY FOR CONSTRUCTION OF RECARBONATION BASIN AT CYPRESS STREET WATER TREATMENT PLANT Item 6b Award of bid for one staff car to Herb Easley Chevrolet in the amount of $13,839. 52 . Item 6c RESOLUTION NO. 192-94 RESOLUTION TO AWARD BID TO SKALAR, INC. FOR TOTAL ORGANIC CARBON ANALYZER FOR THE WATER TREATMENT LABORATORY Item 6d RESOLUTION NO. 193-94 RESOLUTION TO AWARD BID TO MET ONE, INC. FOR PARTICLE SIZE ANALYZER FOR USE IN WATER TREATMENT LABORATORY Item 7 Minutes of the meetings of the following boards and commissions were received. a. Commission on Human Needs - November 7, 1994 b. Board of Electrical Examiners - November 10, 1994 C. Wichita Falls/Wichita County Public Health Board - November 18, 1994 d. Library Advisory Board - October 25, 1994 e. Airport Zoning Board - November 9, 1994 Item 8a A public hearing was held on the first Public Review Draft of the Wichita Falls Metropolitan Transportation Plan, 1995- 2015. Mr. Steve Seese, City Planning Administrator, informed that this meeting would allow for public review of the plan which the staff had previously worked on for two years to compile. The plan is required by the Intermodal Surface Transportation Act of 1991 (ISTEA) for the City to receive state and federal funds for streets, roads and highway improvements. The plan depicts the short and long term needs of the Wichita Falls Metropolitan Planning (MPO) Area. Wichita Falls is one of 25 MPOs in the state. Mayor Lam expressed the importance of this plan for the compliance documentation for funding and for public transportation in the area. Mr. Dave Clark, Community Development Director commented that this plan includes two additional items. First, the Highway Thoroughfare Plan adopted in 1988 which will be incorporated in the MPO plan. Second, the 2 Nation' s Turnpike 734 Item 8a, cont'd. proposal between Wichita Falls and Abilene which will be more clearly acknowledged in this plan. Mayor declared the Public Hearing opened. Councilor Martin commented that he had attended the NLC meeting in Minneapolis, Minnesota, as a member of the Transportation and Communication Policy-making Committee at which trunk lines, major thoroughfares, NAFTA and such were given very high priority. He stated that we are right in line with all of that because the freeway coming from I44 down to Abilene was a topic of the meeting discussion. He also remarked that, hopefully, we can convince the federal transportation division to extend that highway system. Councilor Mallonee announced that the Texas Turnpike Authority meeting will be held in Dallas on December 15, 1994, which he and others will attend. Mayor Lam expressed that the public should know that, with Councilors Martin and Mallonee' s urging, along with others, there is a new dedication to making Wichita Falls more visible to the Texas Highway Department to make sure we get our share of construction funds in the future. We applaud their efforts. No one else wished to be heard. Mayor declared the Public Hearing closed. Item 9a ORDINANCE NO. 145-94 AN ORDINANCE CLOSING, VACATING AND ABANDONING TAYLOR STREET BETWEEN AVENUE G AND AVENUE H, FLORAL HEIGHTS ADDITION, WICHITA FALLS, TEXAS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Thompson that Ordinance No. 145-94 be passed. Motion seconded by Councilor Daniel, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 9b ORDINANCE NO. 146-94 AN ORDINANCE WAIVING SECTION 3490( 1 ) , APPENDIX C, REGULATING MINIMUM LOT SIZES, WICHITA FALLS CODE OF ORDINANCES ( ZONING ORDINANCE NO. 38-85) FOR LOT 1-A, BLOCK 159, ORIGINAL TOWNSITE, WICHITA FALLS, TEXAS, FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Thompson that Ordinance No. 146-94 be passed. Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None 735 Item 9c ORDINANCE NO. 147-94 AN ORDINANCE WAIVING REQUIREMENTS UNDER RESOLUTION NO. 112-89, SECTION 1( 2) (d) IN ORDER TO PROVIDE WATER SERVICE OUTSIDE THE CITY LIMITS TO A USE OTHER THAN A NORMAL RESIDENTIAL USE CONCERNING A PROPERTY DESCRIBED AS 3 . 00 ACRES OUT OF ABSTRACT 251, MORE SPECIFICALLY KNOWN AS 2501 SOUTH STATE HIGHWAY 79; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Martin that Ordinance No. 147-94 be passed. Motion seconded by Councilor Hawkins. Councilor Daniel asked Mr. Bonnett to explain how this is different than a possible commercial venture outside of the city limits because it is still a tap on City services. Mr. Bonnett informed that this is a charitable, non-profit organization and the Council has waived this ordinance for similar occasions in the past. There is a 12" line available there as part of our looping system behind the State Hospital. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 9d A proposed ordinance was presented amending the Code of Ordinances relating to Airport Zoning; amending the Zoning Ordinance to include the amendment; and provide for the application of building codes within the 65 decibel noise contour as shown in the AICUZ study for Sheppard Air Force Base. Councilor Thompson moved that the proposed ordinance be tabled. Motion seconded by Councilor Martin. Councilor Daniel asked why it needed to be tabled. Councilor Thompson replied that we need to study it more. Councilor Mallonee inquired if having approved the minutes earlier in today' s meeting would make any difference in tabling this motion. Mr. Seese responded that it should not have any impact. Councilor Hawkins and Mayor Lam asked for comments from the audience regarding this bill. No one from the audience wished to be heard. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Councilor Daniel asked Mr. Seese to provide an executive summary of the differences between the 1982 and this ordinance within the next two weeks. 736 Item 9e ORDINANCE NO. 148-94 ORDINANCE TRANSFERRING APPROPRIATIONS FROM THE ADMINISTRATIVE SERVICES DEPARTMENT TO THE COMMUNITY DEVELOPMENT DEPARTMENT FOR THE 1993-94 FISCAL YEAR Moved by Councilor Martin that Ordinance No. 148-94 be passed. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 9f ORDINANCE NO. 149-94 ORDINANCE INCREASING THE GENERAL FUND SUBSIDY TO THE TRANSIT FUND FOR THE 1993-94 FISCAL YEAR Moved by Councilor Martin that Ordinance No. 149-94 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, an-LG 1-4 J. 1, Ma in, and L-Law 11ns Nays: None Item 9g ORDINANCE NO. 150-94 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, WAIVING INTEREST ON MOWING LIENS ASSESSED UNDER SECTION 18-49 OF THE CODE OF ORDINANCES AGAINST THE PROPERTY LOCATED AT 1329 AND 1331 31ST STREET, WICHITA FALLS, TEXAS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Martin that Ordinance No. 150-94 be passed. Motion seconded by Councilor Hawkins. Councilor Loughry commented that the charges should not be dropped, and that when the people bought the property they should have been notified and the charges should not have been transferred to them. Councilor Hawkins stated that it is normal when a real estate transaction occurs that a deed search be accomplished and if they had bought a title policy they would have been insured. He also stated that if the owners have a problem it is between the people they bought the property from and them. This ordinance should be disapproved. Councilor Martin stated that the people were not aware this mowing fee was on this property and they are not against paying the fee, they are against paying the interest from all the years that it has been owed. He recommends passage. Motion carried by the following vote. 737 Item 9g, cont 'd. .Ayes: Mayor Lam, Councilors Mallonee, Thompson, Daniel, and Martin Nays: Councilors Loughry and Hawkins Item 9h ORDINANCE NO. 151-94 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FOR ADDITIONAL GRANT REVENUE FROM THE TEXAS DEPARTMENT OF HEALTH AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME. Moved by Councilor Thompson that Ordinance No. 151-94 be passed. Motion seconded by Councilor Mallonee, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 9i ORDINANCE NO. 152-94 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 18, ARTICLE VII, SECTIONS 18-99 THROUGH 18-107, REGULATING SMOKING IN PUBLIC PLACES IN THE CITY WITH CERTAIN EXCEPTIONS; PROVIDING FOR DEFINITIONS; PROHIBITING SMOKING IN PUBLIC AREAS WITH CERTAIN EXCEPTIONS; PROHIBITING SMOKING IN THE WORK PLACE WITH CERTAIN EXCEPTIONS; POSTING OF SIGNS; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Mayor Lam that Ordinance No. 152-94 be passed. Motion seconded by Councilor Thompson. Mayor Lam and Greg Humbach, City Attorney, gave a brief overview of the proposed ordinance and asked the group who submitted the proposed ordinance to come forward and speak. Dr. Kent Ulrich, Chairman of the Tobacco Awareness Coalition stated that the coalition initially proposed the ordinance to deal with very serious health related issues in our community. Their organization is composed of citizens and residents of Wichita Falls and several health related organizations in the community. Health related data shows the tobacco use is the number one preventable cause of death in Texas. Smoking causes cancer of the lung, cervix, oral cavity and increases heart and lung disease such as emphysema. These facts are well known medically. There is scientific evidence that environmental tobacco smoke or second-hand smoke is a strong Group A carcinogen, and a health hazard which causes bronchitis and sudden infant death syndrome. Tobacco is a gateway to other drugs. General Hospital and Bethania Hospital both have programs to free this community from tobacco use. Non-smokers exposed to ETS are innocent bystanders and their decision not to smoke and to breathe clean air should be respected. This can be achieved with this tobacco control ordinance. 738 Item 9i, cont'd. Dr. David Pogue, Cardiologist, remarked he has practiced cardiology in this community for twenty years and thanked the Council for providing him with a smoke free work place environment. Bill No. 370 should be passed. Yoshi Fukasawa, 3109 Milby Avenue, Wichita Falls, Texas, gave a report on how the smoke free ordinance will effect restaurant sales. He stated the increase or decrease in restaurant sales is only one of many issues involved in such an ordinance. There are various health related issues, numerous social related implications and even broader economic consequences such as health and insurance costs, worker productivity, potential impact on sales tax receipts and employment in the tobacco related industries. If we are to impose a smoke free ordinance it is important to apply the policy as uniformly and as broadly so as to minimize the destruction of the relative attractiveness of the various restaurants. There should be no loop holes to give a real or perceived advantage to one restaurant over another. It is important to know that the real impact may not be known for several months or longer because it takes time for behavior to adjust to change. Most studies on sales in a smoke free environment are hearsay because it is relatively new in the private sector. One empirical study in the July 1994 issue of the American Journal of Public Health does not reduce restaurant customers or restaurant sales. Linda Scott, Route 6, Wichita Falls, Texas, addressed the issue of rights as a volunteer of the American Heart Association, a concerned parent and the wife of a local physician. This ordinance guarantees choice for all our citizens and will ultimately improve the community as a whole. Mrs. Scott shared her personal perspectives and asked the Council to pass the ordinance. John McLarty, 4800 Brookdale, Wichita Falls, Texas, commented about his experiences of exposure to work place smoke which had an adverse effect on his allergies. The majority of employees are better served by being in a smoke-free work place. John Mark Hirschi, 2911 Sturdevant, Wichita Falls, Texas, stated disappointment on removing the issue of vending machines from the ordinance. This is an emotional and tough issue to deal with, and he freely admitted to being bias on the issue due to his father dying of a tobacco related cancer, a slow painful death. His wife has active cancer which has exposed him to M. D. Anderson Cancer Clinic and the suffering caused by tobacco products is indelible in his mind. This is a health issue and the action of the Council today can be a giant step to alleviate this suffering. This ordinance will have a strong counter influence on children starting on the path to addiction to tobacco. Denise Williams, Support Specialist, Wichita Falls Independent School District, commented that in April the children in grades 4, 6, 8 and 12 participated in the Nation Pride Survey and several questions about tobacco were asked with local statistics. Of the local students surveyed 41% of the high school students and 23% of the junior high and elementary students reported smoking in the past year. Why is it that we still have so much easy access for minors to acquire tobacco products. 90% of all adult smokers started smoking before the age of 18 years. We need enforcement and random checks on prohibiting the sale of tobacco products to minors. Take a proactive roll and pass this ordinance. Sherry Cannedy, 1481 Wrangler' s Retreat, American Cancer Society, remarked that one of the most compelling arguments when discussing the tobacco issue is what the government' s role should be; and is it the government' s place to intervene in this issue. We all live in a conservative area and our philosophy 739 Item 9i, cont'd. has always been one of fierce independence. Most of us believe the less government the better, so what is the role of government, particularly City government. The primary responsibility is to protect the citizens in areas where they cannot protect themselves. The government should provide protection against the threat of health care problems such as second hand smoke. Tobacco is the only legal product that kills it users. The evidence is clear and irrefutable smoking very adversely affects the health of the public. Mr. Greg Humbach failed to note a section that we put in the ordinance which would allow businesses and restaurants to designate a separately contained and ventilated area to accommodate smokers. As our mayor was quoted a few years ago on the cover of the phone book, Protecting and enhancing our environment are two of the many ways of improving the quality of life for our citizens" . It takes courage, dedication and leadership. She asked that the <, Council do the right thing for the citizens of Wichita Falls by adopting this ordinance to help protect and enhance the quality of life for our citizens. Don Kirkham, 3807 Yuma Trail, Chairman of Wichita County Health. Board, stated there are seven members on the board, six voted for the ordinance and one member abstained. The Council has heard all kinds of statistics and philosophies today about the ordinance and he wanted to express that he personally enjoys going to the other cities where restaurants and businesses are smoke free. He inquired why Greg Humbach had excluded the vending machines from this ordinance. City Manager responded that Mr. Humbach saw it as restraint to interstate commerce trade. Diane Lowry, 4814 Bel Air, Wichita Falls, Texas, expressed as an expectant mother that she does not wish to go into restaurants and be exposed to second hand smoke. The effects it could have on her unborn child is a great concern of hers. it should be passed to protect expectant mothers and unborn children. Linda Overstreet, 1942 Hines, Wichita Falls, Texas, remarked that she is a smoker and if the Council wants to have people stop smoking, then they need to have it stopped from being sold here. The sales tax that we pay on cigarettes helps improved roads and other things. We have heard from all these non-smokers and we as smokers have rights also. If the restaurants want to have smokers it should be their right. Smoking is legal. The Council nor the doctors that are here today have not been talking about rehabilitation for smokers and we need help. Mrs. Georgia Pinkman, 1714 Ross Avenue, Wichita Falls, Texas, commented that all this controversy over smokers and non- smokers rights is sickening. She has had people in her family that died from lung cancer, cervix cancer and none of them ever smoked or drank. People in America are going to have to wake up and realize that far worse things are out there killing their kids, like car engines running. Carbon monoxide poisoning is unreal and for these people who go to work for cheap wages everyone wants to cut them out of any privileges they might have. Hospitals are full of hazardous waste but they send their worker: out in the cold and rain to smoke. She is a non-smoker and thinks there are more important health issues that need to be researched. Larry Brumbelow, 5127 Deer Creek, Wichita Falls, Texas, expressed that he believed that we have heard a major song and dance around the issue. The issue is that the ordinance the Council. previously passed restricting smoking in publicly owned buildings was not quite good enough. When will the ordinance be enough? We have heard a number of things from the Coalition that are not quite true. The Coalition' s agenda is the abolition of tobacco use and the ordinance in their view will 740 Item 9i, cont 'd. not be enough until it eradicates tobacco use. The medical community always brings up cancer. When smokers get cancer it has to be from smoking, but when non-smokers get cancer it has to be from something else. You already treat smokers like second and third class citizens. The first speaker today stated that he knows how the Council feels about this issue and that you are all for this and that it is a done deal. He asked how the first speaker knew that. He asked how many smokers we have on our Council that have taken into consideration the smokers rights issue. Enough is enough, our rights and liberties are being eroded piecemill. The previous ordinance is enough. Councilor Daniel commented that he assumes each Council member was approached individually by this group stating their positions and finding out our positions. Councilor Thompson stated that is not entirely correct and that he resents very highly anyone that would make a statement as to how he feels. He has been called by many hostile individuals stating their positions and asking if he smokes. He has told them it is none of their business. Joe Rykoff, 1701 Mary Lane, Wichita Falls, Texas, commented that in his opinion the issue is not smoking but is government regulations of our lives. He doesn' t want the Council regulating his life. If the Council wishes to do so he hopes they will take into consideration all the things that affect his health such as cheese, eggs, coconut pie and if they are going to regulate health issues they need to encompass it all. Jim Land, Falls Bowl, Wichita Falls, Texas, expressed that this issue is economic. He does not believe the passing of this ordinance will not effect anyone economically, it will. There is information in the bowling industry and our proprietor magazine that proves no smoking ordinances adversely cost bowling centers business. He asked the Council to please not put him out of business. His business is borderline; if he has any decrease in the next two years he will be out of business. This ordinance will affect restaurants and all of us economically. Woody Partee, 1401 Mickna, Wichita Falls, Texas stated he is very much against passing this ordinance. He will be 81 the 13th of this month and has smoked 2 and 1/2 to 3 packs of cigarettes a day and when he is examined by doctors his lungs are clear. He believes this ordinance should be taken to the voters. Leslie Joe Moore, Sr. , 3142 Capland Road, Wichita Falls, Texas, commented that this is just another attempt of the do- gooders to mold people into the image they want and they operate on the theory if I don' t enjoy it you are not going to enjoy it. Why not look at other factors - he wants an ordinance regulating perfumes and babies screaming in restaurants. His wife died of cancer of the liver, lungs and bone. Tammy Smith, 1415 N. 9th, Wichita Falls, Texas, remarked that she is a smoker and has been smoking since she was eleven years old. She feels that if the Council is going to ban smoking in public places they should also ban drinking in public places since drinking is worse. Smoking is not as deadly as drinking alcohol. Her husband drinks and drives and has killed a baby while drinking and driving. Mayor Lam thanked everyone for their appearances today and the decorum they used. Council recessed at 10: 10 a.m. and reconvened at 10: 17 a.m. Mayor Lam asked City Manager to give the Staff ' s recommendation. City Manager stated that someone earlier had 741 Item 9i, cont'd. said it is the role of the government, and that he would add that it is the role of government, to enforce the ordinances passed. This ordinance pertains to any place that the public goes, with a few exclusions. He heard someone else mention that we could tackle some other areas that cause loss of life such as the area of obesity and what you do about that; another eluded to handguns which will be dealt with by the legislature. The role of government is to protect people from areas that they cannot protect themselves. We cannot enforce this ordinance and they tell me it should be done voluntarily. We do not have enough people in the police or health department to enforce it so we should seek voluntary compliance. He agreed with the comments made by the medical people but has to look at it being virtually unenforceable. His recommendation in that sense is we cannot: enforce it and recommends the Council not pass it. Councilor Hawkins stated he no longer smokes and at one time he smoked five packs a day; he chose to quit. We cannot legislate morality. We can only stop people from smoking by education and informing, not through sending them to jail. Have you noticed how those who rape, murder and pillage draw probation or deferred adjudication, but, don' t drink and drive or you go to jail. He guesses that smoking will be the next capitol offense. Each City Councilor sitting here today has continually complained about the state and federal mandates handed down, now we are being called on to mandate a no smoking ordinance on the taxpayers and business men and women of our City. He would hate to see the Council hand down a mandate that would be detrimental to our business people and that smacks of Big Brother Legislation. He feels this group has done a good job in stopping smoking in public owned buildings and some businesses, but should not try to get us to mandate the ban. Do it through education not legislation. He has no problem with vending machines being outlawed. McDonalds has the right idea - they made a business decision that was right for them. Councilor Thompson remarked that he commends both sides for their interest in the health and well being of our citizens. He appreciates those who called and wrote letters for their interest. Most of all he appreciates those in our district who always support doing the right thing. In this day and time people say the government does too much and it is out of line but sometimes perhaps we need the government to protect us. It is true that we cannot dictate morality but we can pass a law if you lynch me it becomes a crime. If we had left things up to volunteerism we would still be in the dark ages and he doubts that the slaves would be free if it had been left up to their owners. He finds it difficult to believe that if we passed this ordinance that it will cost restaurants their business. He wants us to understand that we cannot stop people who want to smoke but we can do that which is best for all our citizens. We need to protect all our citizens. Councilor Martin stated we have a Supreme Court case pending right now that may change all of this drastically and there is a case where an employee who has cancer is suing his employer for not providing him a smoke-free work environment. ` Everyone may be subject to this change. What has been presented has merit on both sides. He is a non-smoker but he respects the rights of a smoker. He believes we need to give some consideration to providing better facilities for those who wish to smoke. We are charged with responsibility as Councilors to provide service and safety to our citizens. He is the Council liaison to the Wichita County Health Board and supports the board' s position. He agrees that we do not have adequate staff to enforce this ordinance or any other ordinance; therefore, that is not a valid argument. He is honored to represent the people in District 4 and has to go along with their overwhelming response to pass this ordinance. Councilor Loughry commented that like Councilor Martin he appreciates all the people that called. The media coverage on 742 Item 9i, cont'd._ this was very poor. They reported that we were banning or outlawing smoking which is not in the ordinance. It is not the intention of the ordinance, it is to have restaurants either ban smoking or put in a separate area for smoking. Small businesses are the backbone of the community and this ordinance creates a hardship on that business and their employees. He believes the bowling alleys should be reviewed for exclusion to this ordinance. Also he believes small businesses should have some type of allowance. The mall is non-smoking and will continue to be; this is to protect minors. He believes vending machines should have been included in the ordinance. Councilor Mallonee stated that he is a non-smoker and his first reaction to the ordinance was very positive and then the public made him very aware of the pros and cons of this ordinance. He lost his dad, brother and uncle which made it hard for him to be objective. The public put him in the office to vote what is best for the citizens at large. The visions he has for Wichita Falls is a city where we raise our families and, hopefully, a progressive community dedicated both to improving the health and quality of life for our citizens. His conclusion is that a tobacco free ordinance will be a step to a better City for us to live in and he supports an ordinance with an exception. The exception is that each private business owner will have a right to decide how smoking is handled in each of their respective businesses. He believes it will not be as intrusive as some may believe. He voted the convictions of a large percentage of a large but silent majority. Councilor Daniel replied that this is an emotional and difficult issue for all of us. He pointed out that the City Council did not propose this ordinance. It was brought to them by a group and therefore, it deserves consideration. It is his desire to provide a lifestyle in which his family and employees can live and flourish and this ordinance deals with that concern and desire. He does not agree that this is not an economic issue. This ordinance will have direct bearing on restaurants. He does not think it will affect his business personally either way, it could even help it. However, his decision is not based on an economic impact. It is based on the issue of individual rights versus government control. We as an elected governing body have the power to do something but just because we have that power does not mean that we have the right do it. Customers entering a private business are exercising a right, when they entered that business they chose to do so of their own volition and made that decision on a lot of factors, including environment. Reference is made to employee morale and that is something that has to be considered. As a business owner it is incumbent on him to provide a good working atmosphere. Business owners must be flexible and respond to customer needs. The group that presented this proposal is desirous of a personal change in society. It is a personal choice and they are asking this public body to implement that personal choice into governmental policy. The government' s primary role is to protect its citizens from forces over which we have no control. It is not the government' s responsibility to guarantee a perfect society. It is our individual right and responsibility to make choices which provide a better society, one which improves each day. Government cannot and should not try to fulfill that role. Mayor Lam commented that had been through every phase described up there today and the issue is certainly a health issue. Local government is obligated to face it, there is no choice, given the charter to rule on these things. We maintain a safe sewer and water system in this City that go a long way in providing good health to our citizens. We have a right and an obligation to face today, although emotional, needs to be solved on a local level. We have sat here for five or six years objecting to what the state and federal government mandates us to do. As was said earlier this is probably a future mandate from state or federal government. He thinks it is an issue that should be handled on a local basis and an issue we need to face 743 Item 9i, cont 'd. and make. His record on the Council is pro-business, he is a small businessman and knows how it is to be government regulated. He is aware of government intrusion on our lives and resents it, but this is a health issue and he thinks it is justified. He can rationalize and support it. It is impossible to create a fairness or level playing field for everybody. He wishes that was possible. There are some who will be economically impacted more than others and some that will benefit. Mr. Berzina and staff, rightfully so, have a concern with the compliance of the ordinance and he knows it is going to be a problem but not near as bad as anticipated. He directed the staff not to be a bunch of strong arm enforcers; we are going to depend on the people on a complaint, good common sense basis to make it work. He is voting for the ordinance even though it is a tough decision, but an ordinance the community needs for a better quality of life. Councilor Hawkins asked how many tickets have been given from our present ordinance. Linda Hillery responded that one ticket: had been issued but it was dismissed. Councilor Mallonee commented that there needs to be some kind of language that allows private business to have their own priority and you know it before you enter that business and if you don' t want to support that business you don' t have to do so. He asked City Attorney if that was possible. City Attorney said the ordinance addresses the employment area only and to put in that language would bring us to the ordinance we have now. Councilor Hawkins stated he could support it if the businessman was able to make their own decisions. He has trouble with these seven people sitting up here telling the businessman how to conduct his business. Councilor Loughry wants to table the ordinance because businesses cannot afford this and there is no retaliation clause in this ordinance. Councilor Thompson commented he could not see how we could ever meet all the objections of the businesses and wanted it brought to a vote. Councilor Martin called for the question. He also stated that he believes some amendments will have to be made to this ordinance in the future. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Thompson, and Martin Nays: Councilors Loughry, Daniel, and Hawkins Item 10a RESOLUTION NO. 194-94 A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR ASSISTANCE UNDER THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT "HOME" TENANT BASED RENTAL ASSISTANCE PROGRAM, AND TO EXECUTE ANY NECESSARY CONTRACTS WITH THE STATE AND THE HELEN FARABEE CENTER TO OPERATE THIS PROGRAM; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Martin that Resolution No. 194-94 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. 744 Item 10a, cont'd. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 10b RESOLUTION NO. 195-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING A NON-ANNEXATION CONTRACT WITH WICHITA FALLS ENERGY CO. , LTD. ; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Martin that Resolution No. 195-94 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 10c RESOLUTION NO. 196-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED FOR THE REDEMPTION OF THE PROPERTY AT 1215 TULIP STREET; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Thompson that Resolution No. 196-94 be passed. Motion seconded by Councilor Mallonee, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 10d RESOLUTION NO. 197-94 RESOLUTION TO ENTER CONTRACT WITH CORLETT, PROBST & BOYD, INC. FOR ENGINEERING SERVICES RELATED TO THE 1994-95 BUDGET UTILITY IMPROVEMENTS PROJECT Moved by Councilor Mallonee that Resolution No. 197-94 be passed. Motion seconded by Councilor Martin. Councilor Hawkins asked why we are using another company to do our sewer lines since we have Biggs and Matthews conducting our sewer study. Mr. Berzina commented that this actually does the projects not the study. It is a capacity issue as well. Councilor Hawkins commented that it seems like a screwy way of doing business. 745 Item 10d, cont'd. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 10e RESOLUTION NO. 198-94 A RESOLUTION AUTHORIZING A QUIT CLAIM DEED TO WFISD FOR THE PORTION OF TAYLOR STREET BETWEEN AVE G AND AVE H; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Thompson that Resolution No. 198-94 be passed. Motion seconded by Councilor Mallonee, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item lla RESOLUTION NO. 199-94 RESOLUTION TO AWARD BID TO POTEET, INC. FOR THE REPLACEMENT OF HYDROGEN CHLORIDE GAS LINES AT THE RIVER ROAD WASTEWATER TREATMENT PLANT Moved by Councilor Thompson that Resolution No. 199-94 be passed. Motion was seconded by Councilor Mallonee, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item llb RESOLUTION NO. 200-94 RESOLUTION TO AWARD BID TO JALYN CONSTRUCTION COMPANY FOR REPLACEMENT OF 42" WATER PROCESS LINE AT THE JASPER STREET WATER TREATMENT PLANT Moved by Councilor Martin that Resolution No. 200-94 be passed. Motion seconded by Councilor Mallonee, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 12a REQUESTING A MOTION FOR THE APPROVAL OF THE OPERATION OF THE URBAN HOMESTEAD PROGRAM. Mr. Berzina stated that this was provided for in the budget but it takes specific authorization for its operation. 746 Item 12a, cont'd. Mr. Clark stated that what Council would be doing today is essentially endorsing the program which would include the steps mentioned in the document provided. This program for the most part utilizes properties obtained elsewhere but may be some direct acquisition on occasion. The properties will be given to qualified applicants who will provide their own private funding for rehabilitation. Moved by Mayor Lam to approve the operation of the Urban Homestead Program. Motion seconded by Councilor Hawkins, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 12b A discussion was held on the Wrecker Service ordinance. Mayor Lam asked Lynda Hillery to give update. Mrs. Hillery stated that we are in the same place as our last meeting. Mayor asked what staff has done on request of bid for services. Mrs. Hillery stated that a contract has been prepared after lengthy research. Mayor asked if the local wrecker service has had input into this contract. Mrs. Hillery stated that they had all been invited to today' s Council meeting for a public hearing. Mr. Berzina stated that we would have to have a contract to set the rates. Mayor Lam asked staff to hold a meeting with the local wrecker service providers and ask for their input into this contract and then get it out for bid and have bids ready for review the second meeting in December. Alan Palmatary, wrecker owner and operator, requested that one or two Council members attend this meeting. Mayor Lam asked for some of the Council members to attend the meeting. Item 12c Christen Priddy lives in Archer County but has residential property in Wichita County. The problem he has is his property at 1914 Taylor. It has two pieces of real estate on the lot, one is a 40 foot building, the other is a primary residence and he would like to change the 40 foot building into a residence. The City says he cannot do this because we have no ordinance. He requested the City take a look at it. Another section is a hardship clause that discourages investors. Mr. Clark replied that this issue has been before the Planning and Zoning Board and they have denied it. Mr. Hawkins stated that the Board of Adjustments denied it because it cannot be claimed as a hardship since he does not live there. City Attorney stated that the hardship language is set up by state law. Mayor suggested that Mr. Priddy check to see if he can convert his property into two lots which would resolve the issue. 747 Item 12d Councilor Loughry inquired about when the Kessler Street fountain is going to be fixed. Mr. Murphy stated it will cost approximately $7,000. 00 to repair. He has spoken with neighborhood representatives and $1200. 00 has been raised in private donations. When this process is finished we will bring it to the Council at next meeting. Item 12e City Manager informed the Council that we have collected political signs in the rights of way and some real estate signs. The present ordinance states that each sign to be released would have a $50. 00 charge. He suggested to the Council that these go back at a 10% of $50. 00 for each sign. Councilor Hawkins asked what about the fifteen signs that staff gave back. City Manager said that he was not aware this had happened, except during the first day of pickup. Mayor Lam gave the City Manager the consensus of the Council, with the exception of Councilor Hawkins, to proceed. City Manager addressed a memo that was distributed regarding hiring a collection agency for outstanding fines. The collection agency would charge 30% of the fine as their fee. He suggested the Councilors get back to him individually their position on this suggested action. Jack Murphy was successful in getting ISTEA funds to build a trail. A million dollar grant with a 20% local match. City Manager handed out a memo from George Bonnett that talks about City' s water capacity, its reservoirs, lines and treatment process. Mrs. Hillery announced the wrecker service meeting would be held at 2 : 00 p.m. today. Item 12g Moved by Councilor Thompson to appoint Mr. Mark E. Terning to the Water Resource Commission. Term expires September 30, 1995 . Motion seconded by Councilor Hawkins, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Daniel, Martin, and Hawkins Nays: None Item 12h Mayor Lam commented that additional applications were needed for the Wichita Falls Housing Authority Board. He requested the public submit their applications to the City Manager ' s office. 748 The City Council adjourned at 12: 08 p.m. PASSED AND APPROVED this day of , 1994 . �a6;2 Michael am, Mayor ATTEST: Ja tridklin A ing City Clerk