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Min 05/07/1996 187 Wichita Falls, Texas Memorial Auditorium Building May 7, 1996 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 a.m. , with the following members present : Michael Lam - Mayor Don Johnston - Councilors Dan Shine - Angus Thompson - Bill Daniel - J. W. Martin - Harold Hawkins - Jim Berzina - City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk Mayor Lam called the meeting to order. The invocation was given by Ms . Maxine Simpson, Synagogue House of Jacob. Item 3 a Tanya Patterson was honored as Employee of the Month for the month of April . Mayor presented her with a plaque, City pin, transit tickets, dinner tickets and a check. Item 3b Mayor Lam proclaimed May 12-18, 1996 as "Police Week" in Wichita Falls and May 15, 1996 as "Police Officers Memorial Day" in honor of those officers who have given their lives or suffered disabling injuries to secure for us the liberties of a free people . Mayor Lam stated that we are fighting crime in Wichita Falls through Crime Stoppers . Our Crime Stoppers program is a model throughout the United States and has been very successful . Mayor recognized Melvyn Joyner who was named by the State as Crime Stoppers Coordinator of the Year, and Tom Edmonson who was named by the State as Crime Stoppers Board of Director of the Year. Mayor stated that they were selected out of 200 organizations in the State of Texas and their leadership is evident . Mayor introduced Jerry Leopold and commended him for the ten years of volunteer service which he has given to this community in the Wichita Falls-Wichita County Health Unit . Mayor recognized Mr. Leopold for the ten years he has provided countless hours of service to programs such as Child Health Care, Family Planning, HIV 188 Item 3b cont' d. Aids, Maternity, Immunizations, School Health, Sexually Transmitted Disease, TB Prevention/Elimination. He also served on the Health Board from 1985 to 1991 . Mayor Lam proclaimed May 7, 1996 as "Jerry Leopold Day" in Wichita Falls to honor Mr. Leopold and to extend the grateful appreciation of the citizens of our City for the many volunteer hours he has given to our community. Item 4a The results of the City election held on May 4 , 1996, were canvassed by Mayor Lam and City Clerk Lydia Torres . After the canvassing of the election returns a resolution was considered. RESOLUTION NO, 49-96 RESOLUTION CANVASSING RETURNS OF THE GENERAL ELECTION HELD IN THE CITY OF WICHITA FALLS ON MAY 4 , 1996 Moved by Councilor Johnston that Resolution No. 49-96 be passed. Motion seconded by Councilor Thompson and carried by the following votes . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Iwo Item 4b The newly elected Mayor, Kay Yeager, and re-elected Councilors Bill Daniel, J. W. Martin, and Harold Hawkins were sworn in by City Clerk Lydia Torres . Newly elected Mayor Yeager expressed appreciation to outgoing Mayor Lam for the years of service he has given to this community and particularly for the past six years as Mayor. We owe him a great deal of gratitude for moving our City forward and providing leadership in a very critical time in the history of our community. She wished him and his wife, Carolyn, well in his retirement from the Council . Mayor Yeager presented gifts to out-going Mayor Lam. Mayor Lam expressed his appreciation to the citizens, to Council and to the Staff . He thanked Norma Crane, individually, for her assistance with the proclamations and for keeping him on time to the numerous events . Also, he expressed appreciation to City Manager Jim Berzina for his wisdom and knowledge, and for his assistance the past six years . Councilor Daniel thanked Mayor Lam for his leadership, his friendship and his perseverance . Councilor Daniel presented Mayor Lam with a gift from the Councilors . City Manager expressed his appreciation to Mayor Lam for making us a better City than it was before he became Mayor. On behalf of the Staff we have really enjoyed being with you and we will never forget you for what you have done for the Staff and the Council . Thank you. 189 Item 4b cont' d. Councilor Thompson expressed his appreciation to Mayor Lam for being our Mayor and for the leadership he has provided. He has inspired and humored us along the way. We thank you so much. To our new leader, we welcome you and we look forward to working together. He expressed appreciation to the citizens for turning out and voting on Saturday. We are going to go forward and do great things . He recognized Mr. J. C. Boyd who was present in the audience . I am grateful to this City for rising above sexism and racism to a day and time when we will see a great and bright future . He welcomed Mayor Yeager to the Council . Mayor Yeager invited everyone to attend the reception honoring Mayor Lam. City Council resumed at 9 : 35 a.m. Mayor Yeager expressed her appreciation to Councilor Thompson for the race he ran against her, and to the citizens for their support and confidence in her. She expressed to the Councilors her anticipation of their support and our working towards the betterment of Wichita Falls . She looks forward to working with them and with the Staff . She stated she would be openly communicating with the Council here and on an individual basis . I will represent every segment of our Community, but it can only move forward if every individual and every segment is willing to work hard to make that happen. I solicit your support and the support of Council, the Staff and the Administration of this City. Mayor Yeager directed that plans for Council-Staff retreat proceed. Item 5 Moved by Councilor Shine that minutes of the April 16, 1996 meeting be approved. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Abstain: Mayor Yeager Mayor Yeager stated she did not vote because she was not present at that meeting. Items 6a-8f Moved by Councilor Daniel that the Consent Agenda be approved. Motion seconded by Councilor Shine and carried by the following vote . 190 Item 6a-8f cont' d. Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 6a RESOLUTION NO. 50-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA $' FALLS, TEXAS, AUTHORIZING A CONFLICT OF INTEREST WAIVER FOR CITY EMPLOYEES QUALIFYING FOR VARIOUS U. S . DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FUNDED PROGRAMS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 6b RESOLUTION NO, 51-96 RESOLUTION APPROVING THE REFUND OF MONIES TO HALLIBURTON SERVICES FOR SETTLEMENT IN A LAWSUIT Item 7a RESOLUTION NO. 52-96 RESOLUTION TO ACCEPT JASPER HIGH SERVICE PUMP PROJECT AS COMPLETE AND AUTHORIZE FINAL PAYMENT TO CONTRACTOR kwo Item 8a-8f Minutes of the following boards and commissions were received. a. Wichita Falls Park Board, April 25, 1996 b. Library Advisory Board, March 26, 1996 c . Water Resources Commission, April 12, 1996 d. Board of Electrical Examiners, April 11, 1996 e . Commission on Human Needs, April 22 , 1996 f . Traffic Safety Commission, April 3 , 1996 Item 9a A public hearing was held on the amendment of a project in the proposed use of funds in the Consolidated Plan and extending the contract period for that project . City Manager informed that this had come up as a result of the City reserving $100, 000 of CDBG funds and it was to be at Travis ` = School where they are presently running the clinic . They have requested that we change this by public hearing and allocation of CDBG funds, so that effort could be housed in the Gibson Store downtown, but that has been sold. I suggest we have the public hearing. Mayor Yeager declared the public hearing open. 191 Item 9a cont' d. Mr. Dave Clark explained that this item, as Mr. Berzina explained, is essentially a moot issue at this time . They will be looking for other potential and at such time that they might find it, they may be back with an amended request . Mayor Yeager allowed time for public comment . There being no one who wished to be heard, Mayor declared the public hearing closed. Item 10a ORDINANCE NO. 66-96 ORDINANCE WAIVING SECTION THE 25 FOOT FRONT SETBACK REQUIREMENT AS REQUIRED UNDER APPENDIX C, ZONING ORDINANCE, OF THE CODE OF ORDINANCES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Shine that Ordinance No. 66-96 be approved. Motion seconded by Councilor Thompson. Mayor Yeager explained that there will be a change in the order of how items have been addressed in the past . Discussion will be open to the Council first . The thought process is that Council has been briefed and can lay the discussion out first so that the audience will be aware of the issues of concern. Mayor asked for discussion from the Council on Ordinance No. 66-96 . Councilor Martin commented that he had some problems with this ordinance, but we are locked into it . I will vote in favor, however, I want to send a message that we will not condone a situation like this happening again. A precedent has been set . This is poor planning on the part of the developer and the inspection department for not discovering this until the property was built . Councilor Shine stated that he has spoken with the purchaser and she was agreeable to this . I do not think it will set a precedent, items have to be taken individually and this is very minute and will not cause trouble . Councilor Thompson agreed that this was an individual case where a mistake was made, and to correct it would be cost prohibitive . I would be in favor of waiving this . However, this does not mean that Council would support another one . Charles Barr, 2100 Indian Heights, constructed the residence in question, and stated it was not something they do. He said he had a plat as to what was supposed to be done . This item did not come to his attention until thirty minutes prior to closing the property. We are not in the business of creeping out on easements or building limits . He asked that they be granted this waiver. Don Adams, Henrietta, Texas, stated that he was the contractor and for the most part it was his mistake . He did not see this happening again. Motion carried by the following vote . 192 Item 10a cont' d. Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 10b A proposed ordinance was presented waiving Section 27-30 of '•,',"; the Code of Ordinances with respect to placing a sidewalk on the east side of Red Fox Street adjacent to the west line of lots 1, 2 , & 3 , Block 1, Aldrich Addition. Moved by Councilor Thompson that proposed ordinance be passed. Motion seconded by Councilor Johnston. Councilor Thompson stated that this request was unreasonable because there are children who use that area going to school, and it is needed. We put that street there for the purpose of having access from U. S . 287 to Sheppard Access Road. I would not support this waiver. Councilor Hawkins agreed that it would be nice if we did not have to have sidewalks, however, we do have children and we do have people out there walking and we need to separate them from the traffic and it is important to have good quality sidewalks . Sidewalks need to be in for the safety of the children. Motion failed by the following vote . Ayes : None Nays : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Item 10c ORDINANCE NO, 67-96 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 Martin that Ordinance No. 67-96 be passed. Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None 193 Item 10 ORDINANCE NO. 68-96 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 Hawkins that Ordinance No. 68-96 be passed. Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 10e ORDINANCE NO, 69-96 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE SOUTH SIDE OF KINCALL ROAD, ADJACENT TO THE NORTH LINE OF LOTS 1, 2 AND 3 , BLOCK 1, WOOD ACRES Moved by Councilor Johnston that Ordinance No. 69-96 be passed. Motion seconded by Councilor Thompson and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 10f ORDINANCE NO, 70-96 ORDINANCE WAIVING SECTION 27-30 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ON THE EAST SIDE OF LORETTA STREET ADJACENT TO THE WEST LINE OF LOTS 23 , 24 , & 25, BLOCK 1, G.L. FRIBERG ADDITION Moved by Councilor Martin that Ordinance No. 70-96 be passed. Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None 194 Item lla RESOLUTION NO. 53-96 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH TEXACO PIPELINE INC. FOR MOVEMENT OF ITS FACILITY FOR THE MCGRATH CREEK CHANNEL AND SPILLWAY IMPROVEMENT Moved by Councilor Thompson that Resolution No. 53-96 be passed. Motion seconded by Councilor Johnston. Councilor Martin commented that this is done at City' s expense up to a certain amount . He asked if there was any legality that when these utilities are put in, that would cause changes in the shift of population and projects need to be done, that we can require that utilities be moved at their expense instead of ours . City Attorney replied that it could be done with the franchise public utility if they are using the right of way and if they agree to that language in the franchise document . We have that agreement with the Cable system, but we do not with T.U. and we do not have a franchise with these people . Councilor Martin asked if it was possible to re-negotiate with them and keep this in mind. City Attorney stated that he and Mr. Bonnett were aware of that, but it is a very difficult issue to negotiate . There is a lot of money at stake for utilities and they are reluctant to agree to that type of financial exposure . too Councilor Thompson asked for the budget source . Mr. Bonnett replied that it was the proposed McGrath Creek Fund; the City' s share is $4 , 030 , 000 . Mr. Bonnett informed that there will be two more coming to Council . This will be a part of our relocation cost which we estimated at $2 , 220, 000 . This will go up to $100 , 000 or $200 , 000 . It is all related to McGrath Creek. We did not have this estimated because we believed at the time that the relocation would be at the Utility' s expense . This was found not be true except where it is in the street right of way. Councilor Johnston asked if we had something in the language to commit them to a "not to exceed cost" . Mr. Bonnett replied that they failed to put that in there but we can put that in a rider letter that we can send to them. We will get that taken care of . Councilor Shine asked if it would be in-house inspected to cut cost . Mr. Bonnett replied that it would. Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, `" Daniel, Martin, and Hawkins Nays : None Mayor Yeager asked that Item llg be moved up on the agenda at this time, in order to accommodate Mr. Bundy who has another meeting at 10 : 30 . 195 Item llg RESOLUTION NO, 58-96 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH BUNDY YOUNG SIMS AND POTTER FOR ARCHITECTURAL SERVICES FOR THE LIBRARY PROJECT. Moved by Councilor Johnston that Resolution No. 58-96 be passed. Motion seconded by Councilor Shine . Councilor Martin asked for a cost factor before taking any action. Councilor Daniel provided the following report . At the last Council meeting the Library Rehabilitation Task Force submitted a report, and in turn the Library Sub-Committee, comprised of Councilors Daniel, Shine, and Johnston, was charged to review this report and bring back a recommendation to the Council for the scope of work and a financing plan for that scope of work. We are on course to complete that charge . The responsibility of the Library Rehabilitation Task Force was to see if the Library could be moved to the Activity Center and they reported that it could. In addition, the Task Force reported to us along with a preliminary architect scope of work, a preliminary budget . Our Council Committee met with the Architect and City Staff to review the preliminary scope of work and preliminary budget to begin to review how to finance it . This Council is committed to this project . We are not trying to slow it down, but we feel it is incumbent upon us to do everything possible to make sure that the scope of work is what has to be done and what should be done, and that it is being done at the right price . We have reviewed the scope of work and there were two options presented. We selected Option B with some modifications and it does have a preliminary budget recommended at $3 . 9 million. We are looking at a preliminary budget of $3 . 7 million which includes a good deal of equipment so capital expense for renovating of this, budget is closer to a $3 million figure, however, it is preliminary. The Sub-Committee feels that we need more information before we can pen down the scope of work and recommend a financing plan to the City. We ask that Council enter into a contract with the Architect firm of Bundy, Young, Potter, & Sims . We are asking them to proceed with the design of the project under Option B. Once they have completed the initial design, i . e. , the schematics, then they can provide a better cost estimate . They will come back to the Sub-Committee with that cost estimate and we can make a recommendation for a final scope of work, a better estimate of cost of the project and bring it to the Council for approval . At that time, the Sub-Committee would recommend the project scope of work, cost and financing plan to the Council for approval as to the concept . This would take place within the sixty-day time frame . Once the financing plan is approved, the Architect would complete the design and specifications package . Council would then let bids for contractors, and authorize the financing plan, and then construction would be authorized. We have a number of steps where the Council can have an opportunity to review it and have input . The Architectural firm and the City Manager are comfortable with that, and at this time we are asking for Council' s input . 196 Item llg cont' d. Councilor Hawkins asked if the Architectural firm works on a percentage and if so, what the percentage is . City Manager replied that we do have a percentage . We look at the construction cost and apply a percentage to that . What is at issue and what would be discussed would be that, if approved, this resolution allows for negotiations in the final contract . We are looking in the neighborhood of 8 . 250 of the construction contract, which is pretty standard. It has a range in there and this is mid-range . We have to make sure that the other duties associated with completion of the project are provided in the contract however they are provided, whether added on as an extra or provided in the basic service . Councilor Martin had a problem with this because it appears that for this study we have an open-ended contract without a figure . What if something happens that it is not approved, we need some kind of a figure here to approve for this study. City Manager stated that was part of what they would negotiate . If the project stopped then we would have a known fixed cost . We would be interested in having in the contract that if within 30 days we decide we are done with this we would have a known identifiable cost and that would be in the contract . Councilor Shine said that Council can stop the project at any phase . This whole percentage is based on the bid which will come further down the line . There was additional discussion and explanation on the percentage cost . Dick Bundy, President of Bundy, Young Sims & Potter, explained that the contract, which is standard, requires that before they can proceed any further on any step they have to have approval by the low City of Wichita Falls . If we are instructed by Council to proceed with the schematic design we propose to do that on an hourly basis . If we are 300-. into the project and Council instructs us to stop, all you are paying us is the hourly rate . At the same time that hourly rate would be credited back to the overall fees . We want to be a part of a team to make this work. You are not committed to a quarter million dollars worth in fees, unless someone authorized us to proceed to that point . There are procedures for terminating. You pay as you go and that is a standard fee . Councilor Martin was still concerned about what the actual figures would be on the hourly rate . Mr. Bundy explained that a schedule has been submitted to the City. Councilor Daniel stated that we are approaching this project differently than what others have been handled. I think it is a more prudent approach. We are saying what we can afford and what we think it will cost . We are asking the Architect to design within that budget . However, before the Sub-Committee can come back to this Council to pen down a scope of work, we need to have the Architect do additional work to fine tune it and come back with a better figure . The Sub-Committee feels that it is worth a little '°° risk here on the front end to get this additional information to fine tune the scope and the cost before we proceed on with the project . Councilor Thompson agreed with Councilor Martin that there should be some cost figure as to what we are agreeing to. He asked where the $3 million will come from and for what time period. Councilor Johnston stated that the Sub-Committee is asking the Architect to get us some figures in order to base a firm decision on. Once we have that cost then we can come back and make a firm 197 Item llg cont' d. recommendation to the Council and to the citizens . We just need additional information before we can get to that point . Councilor Hawkins simplified by stating that it was a stop gap where we can say we believe we have a good idea, and Council will be approving roughly $34 , 500 based on 15% of the construction figure so that we can go ahead and find out exactly where we will be so that we do not have any surprises in the end. Councilor Martin stated that he would vote for this, however, he was reluctant because we did not know what the initial cost is . I have no problem with the project or the Architectural firm, but only the cost factor. Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item llb RESOLUTION NO. 54-96 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH TU ELECTRIC FOR MOVEMENT OF ITS FACILITIES FOR THE MCGRATH CREEK CHANNEL AND SPILLWAY IMPROVEMENT. Moved by Councilor Thompson that Resolution No. 54-96 be passed. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item llc RESOLUTION NO, 55-96 RESOLUTION TO APPROVE AMENDMENT OF CONTRACT WITH ENGINEERING FIRM OF CORLETT, PROBST & BOYD, INC. FOR ENGINEERING SERVICES RELATED TO CONSTRUCTION OF BELT PRESS DEWATERING FACILITY AT THE RIVER ROAD WASTEWATER TREATMENT PLANT Moved by Councilor Martin that Resolution No. 55-96 be passed. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins 198 Item llc cont' d. Nays : None Item lld RESOLUTION NO, 56-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, RE-APPOINTING LARRY GILLEN AS JUDGE OF THE MUNICIPAL COURT FOR A TERM OF TWO YEARS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Resolution No. 56-96 be passed. Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item lle A proposed resolution was presented approving the amendment of a project in the proposed use of funds in the consolidated plan, extending the contract period for that project . Moved by Councilor Hawkins that proposed resolution be passed. Motion second by Councilor Thompson. Mr. Dave Clark stated that this was an attempt to amend the contract with the Health Care Clinic as they try to develop another location. We do not need this because of the problem of the sale of the building. Motion failed by the following vote . Ayes : None Nays : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Item llf RESOLUTION NO. 57-96 RESOLUTION CERTIFYING THE CITY' S INTENT TO COMMIT THE NECESSARY FUNDING TO SECURE THE 1998 ASSOCIATION OF MAYORS, COUNCIL MEMBERS AND COMMISSIONERS ANNUAL INSTITUTE Moved by Councilor Hawkins that Resolution No. 57-96 be passed. 199 Item llf cont' d. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 12a Moved by Councilor Thompson to award bid for two (2) custom fire body conversions to Westex Welding in the amount of $76, 750 . Motion seconded by Councilor Hawkins . City Manager stated that this had been before the Council at the last meeting and Staff had recommended that the second low bidder be approved. Council directed Staff to look into this further. Staff has done so and Council has additional information on the apparent low bidder. Staff found some problems with the apparent low bidder, therefore, Staff is still recommending the second low bidder, Westex Welding Company. Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 13a RESOLUTION NO, 59-96 RESOLUTION TO ACCEPT THE 1995 ALLEY REPAIR PROJECT AND AUTHORIZE FINAL PAYMENT TO DUKE CONSTRUCTION COMPANY Moved by councilor Martin that Resolution No. 59-96 be passed. Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 13b RESOLUTION NO, 60-96 RESOLUTION TO ACCEPT THE SCOTLAND PARK PAVILION ACCESS (CDBG) PROJECT AND AUTHORIZE FINAL PAYMENT TO RICHARD RAMIREZ CONCRETE CONSTRUCTION 200 Item 13b cont' d. Moved by Councilor Thompson that Resolution No. 60-96 be passed. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 13c RESOLUTION NO, 61-96 RESOLUTION TO ACCEPT THE MEMORIAL AUDITORIUM BUILDING RESTORATION PROJECT AND AUTHORIZE FINAL PAYMENT TO AMERICAN RESTORATION, INC. Moved by Councilor Hawkins that Resolution No. 61-96 be passed. Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 14a Ellen Thornton, 4411 Montego, asked that rate increases and rate structure be explained to the users . Kay Miller, 3272 F.M. 367-W, Iowa Park, requested that she be given equitable consideration as the City decides the future of the Ace Fishing Barge and Camp. She carries the first lien on the appurtenances in the Camp. Moved by Councilor Hawkins to table appointment to Nortex 911 Communications District Board. Motion seconded by Councilor Martin and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nay: None 201 Item 14b Councilor Johnston stated that he had observed the Fire Department in action and was very impressed in how they were organized. He commended the Fire Department for their professionalism. Item 14c No items were discussed. Item 14d No executive session. The City Council adjourned at 10 :45 a.m. PASSED AND APPROVED this 6 day of < �` Z� 19 � . KATH N A. YEA AR, YOR ATTEST: v r Lydi' Torres City lerk