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Min 08/06/1996 278 Wichita Falls, Texas Memorial Auditorium Building August 6 , 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 o' clock a.m. , with the following members present : Kay Yeager - Mayor Don Johnston - Councilors Dan Shine - Bill Daniel - J. W. Martin - Harold Hawkins - Angus Thompson - Absent James Berzina - City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk Mayor Yeager called the meeting to order. The invocation was given by Rev. Raymond McKever, Gilbert Memorial CME Church. Item 3a Janet Allen, Police Department, was honored as Employee of the Month for August . Mayor Yeager presented her with a plaque, City of Wichita Falls pin, a check, bus tickets, and theater and dinner tickets . Item 4 The minutes were approved as read. Items 5a-8e Moved by Councilor Martin that the consent agenda be approved. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Daniel, Martin, and Hawkins 279 Items 5a-8e cont'- Nays : None Item 5a RESOLUTION NO, 103-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, GRANTING AN EASEMENT AND RIGHT- OF-WAY TO T.U. ELECTRIC COMPANY TO PROVIDE ELECTRICAL SERVICE TO THE MPEC MESSAGE BOARD; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 6a Bid was awarded to Bob' s Communications in the amount of $24 , 414 . 75 for the purchase of twenty-six (26) portable radios and accessory items used by Police Department personnel . Item 6b RESOLUTION NO 104- 6 A RESOLUTION AWARDING BID FOR THE DEMOLITION, CLEARING AND DISPOSAL OF DEBRIS AT 1201 EAST SCOTT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW ow Item 6c Nam RESOLUTION NO 105-96 RESOLUTION TO AWARD BID TO VARIOUS VENDORS FOR ANNUAL SUPPLY OF CHEMICALS FOR WATER TREATMENT Item 6d RESOLUTION NO 'I 06-96 RESOLUTION TO AWARD BID AND CONTRACT TO BOWLES CONSTRUCTION COMPANY FOR PRISON GRINDER PROJECT Item 6e RESOLUTION NO, 107-96 RESOLUTION TO AWARD BID AND CONTRACT TO J. BARTON MANHOLE REHABILITATION COMPANY FOR PHASE I, SANITARY SEWER IMPROVEMENTS MANHOLE REHABILITATION PROJECT Item 7a RESOLUTION NO, 108-96 RESOLUTION TO ACCEPT BELT FILTER EQUIPMENT PROJECT AS COMPLETE AND AUTHORIZE THE CITY MANAGER TO MAKE FINAL PAYMENT TO CONTRACTOR 280 Item 7b RESOLUTION NO, 109-96 RESOLUTION TO ACCEPT THE NATURE WORKS TRAIL PROJECT AND AUTHORIZE FINAL PAYMENT TO DUKE CONSTRUCTION COMPANY Item 7c RESOLUTION NO, 110-96 RESOLUTION AUTHORIZING CHANGE ORDER NO. 1 TO A CONTRACT WITH HARRIS NURSERY AND LANDSCAPING FOR LANDSCAPING OF THE SOUTH SITE CONSTRUCTION PROJECT FOR THE MULTI-PURPOSE EVENTS CENTER Items 8a-8e Minutes of the following boards were received. a. Landmark Commission, May 23 , 1996 b. Board of Adjustment, June 19, 1996 c . Wichita Falls Clean Country, July 10, 1996 d. Employee Benefits Trust Meeting, July 11, 1996 d. Wichita Falls Park Board, July 25, 1996 Item 9a ORDINANCE NO, 112-96 ORDINANCE APPROPRIATING $7, 079 . 28 FROM FALLS FEST FUNDS AND $42 , 920 . 72 FROM RV PARK FUND INTO THE NATURE WORKS FUND FOR COMPLETION OF STATE GRANT OBLIGATIONS AND OTHER IMPROVEMENTS Moved by Councilor Martin that Ordinance No. 112-96 be passed. Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays : None Item 9b ORDINANCE NO, 113-96 ORDINANCE WAIVING RULE #17 OF THE RULES GOVERNING MUNICIPAL OWNED CEMETERIES AS ADOPTED BY CITY COUNCIL JANUARY 30, 1928 TO PERMIT INTERMENT OF TWO BODIES IN ONE SPACE IN ROSEMONT CEMETERY, BLOCK J, LOT 16 Moved by Councilor Hawkins that Ordinance No. 113-96 be passed. Motion seconded by Councilor Johnston. 281 Item 9b cont' d. Council requested that Staff provide additional information for this type of process . Ouida Taylor Harrill expressed appreciation for allowing this waiver. Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays : None Item 9c ORDINANCE NO. 114-96 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE EAST SIDE OF ARENA ROAD, ADJACENT TO THE WEST LINE OF LOT 1, BLOCK 19, MESA IRRIGATED FARMS SUBDIVISION Moved by Councilor Shine that Ordinance No. 114-96 be passed. Motion seconded by Councilor Martin. Councilor Martin requested that Staff look at the possibility of requiring curbing and guttering in the future . Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays : None Item 9d 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 Arena Rd. and the north side of Kell Freeway adjacent to the west and south lines of Lot 1, Block 19, Mesa Irrigated Farms Subdivision Moved by Councilor Shine that proposed ordinance be passed. Motion seconded by Councilor Johnston. Councilor Hawkins stated that it was not prudent to require a sidewalk when there are no other sidewalks on a road that does not have curb and gutter. Mr. Bonnett replied that it was a policy issue . Mr. Clark commented that development is moving that way which would make it more prudent to put in this sidewalk. 282 Item 9d cont' d. Moved by Councilor Hawkins to amend the motion to waive the sidewalk requirement for Arena Road, and put in the sidewalk on Kell Freeway. Motion died for lack of a second. Mayor called for a vote on the original motion. Motion failed by the following vote . Ayes : Mayor Yeager and Councilor Hawkins Nays : Councilors Johnston, Shine, Daniel, and Martin Item 9e ORDINANCE NO, 115-96 AN ORDINANCE MODIFYING THE FRONT SETBACK REQUIREMENT FOR LOTS 1A-9A, BLOCK 3A, OF THE PARK PLACE SUBDIVISION; 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. 115-96 be passed. Motion seconded by Councilor Shine . Developer R.J. Waschman agreed that the garages would have rear entry. Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays : None Item 9f 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 Armory Road adjacent to the west line of Lots 2-C and 2-D, Block 1, West Hursh Addition. Moved by Councilor Hawkins that proposed ordinance be passed. Motion seconded by Councilor Shine . Motion failed by the following vote. Ayes : None Nays : Mayor Yeager, Councilors Johnston, Shine, Daniel, Martin, and Hawkins 283 Item 9g ORDINANCE NO 116-96 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 2 , ADMINISTRATION, AT SECTION 2-160 CONCERNING APPOINTMENT AND QUALIFICATIONS OF MEMBERS OF THE MAYOR' S COMMISSION ON THE STATUS OF WOMEN; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING A REPEALER CLAUSE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Daniel that Ordinance No. 116-96 be passed. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays : None Item 9h A proposed ordinance was presented waiving Section 27-30 of , the Code of Ordinances with respect to placing sidewalk on the south side of Kell Freeway South Frontage Road, adjacent to the north line of Lot 1, Block 11, Kemp' s Subdivision. Moved by Councilor Shine that proposed ordinance be passed. Motion seconded by Councilor Hawkins . Council directed Staff to establish a policy which would provide consistency in the way these type of issues are addressed. Motion failed by the following vote . Ayes : None Nays : Mayor Yeager, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Item 9i ORDINANCE NO, 117-96 ORDINANCE WAIVING SECTION 27-30 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING SIDEWALK ON THE SOUTH SIDE OF KIT CARSON TRAIL, ADJACENT TO THE NORTH LINE OF LOT 1, BLOCK 4, RANCHO VISTA PLACE 1 284 Item 9i cont' d. Moved by Councilor Shine that Ordinance No. 117-96 be passed. Motion seconded by Councilor Johnston. Soni Gillette, 6701 Kit Carson, informed that they built the house themselves . Plans were provided to Community Development and the necessary steps, as instructed by the City, were taken by the Gillette' s . Final inspection was done and sidewalks were never mentioned. Several months later they received a letter from the City stating that they had to put in a sidewalk. Council felt it was difficult to have the Gillettes extend themselves based on City' s mistake . Mayor suggested that Community Development provide a check list to individuals and developers of the proper steps in this process . Mr. Clark stated that they would review this process and bring recommendations to Council . Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays : None Item 10a RESOLUTION NO. 111-96 RESOLUTION APPROVING THE MASTER AGREEMENT FOR PROFESSIONAL SERVICES WITH THE FIRM OF BIGGS & MATHEWS, INC. FOR THE DESIGN AND INSTALLATION OF A LANDFILL GAS MANAGEMENT SYSTEM Moved by Councilor Johnston that Resolution No. 111-96 be passed. Motion seconded by Councilor Martin. Mr. Bonnett explained that this was a requirement under Subtitle D that you cannot have a methane level at the permit boundary of the landfill which exceeds the Lower Explosive Limits, and we have exceeded those limits . Motion carried by the following vote. Ayes : Mayor Yeager, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays : None 285 Item 10b RESOLUTION NO 1 i 2-96 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE I .S .T.E.A. PHASE II TRAIL PROJECT WITH TEXAS DEPARTMENT OF TRANSPORTATION Moved by Councilor Martin that Resolution No. 112-96 be passed. Motion seconded by Councilor Johnston. Mr. Dave Clark informed that this was Phase II of the Trail Project which would extend from the end of the existing trail at Southwest Parkway to Holliday Creek towards the lake and eventually to the top of the dam. It would swing south to Jaycee Park instead of north to Kiwanis Park. City Manager informed that the approximate cost for the total project is in excess of $2 , 000, 000 with the City' s share being about $240, 000 . I .S .T.E.A funds would pay 90% . Motion carried by the following vote. Ayes : Mayor Yeager, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays : None Item 10c RESOLUTION NO, 113-96 A RESOLUTION DIRECTING CITY STAFF TO PREPARE AN ANNEXATION SERVICE PLAN IN PREPARATION OF ANNEXING AN AREA GENERALLY BOUNDED BY U. S. HWY. 287 TO THE SOUTH, F.M. HWY. 369 TO THE WEST, REILLY ROAD TO THE NORTH, AND CITY LIMITS TO THE EAST; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Johnston that Resolution No. 113-96 be passed. Motion seconded by Councilor Martin. Mayor explained that this item would authorize the Staff to develop the service plan for the proposed annexation of these two areas . The service plan is only how much it is going to n cost the City to extend the appropriate utilities and services into these areas . There will be two public hearings if Council decides to proceed with annexation, at which time there will be opportunity for citizen input as to the annexation of these properties . The following persons spoke against annexation of these areas and requested that they not be annexed: Jimmy Nix, 4219 Emerson (Home) , 4316 Airport (Business) ; Jerry Lueck, 309 Cartwright, representing Northwest Landowners Association (30 land owners) ; 286 Item 10c cont' d. Margaret Beck, 2011 Victory (home) , has property on City View and Kiel Road; Elton Penrod, 5525 Northwest Highway; Dolores Lueck, 309 Cartwright; Steve Tinney, 2591 Maverick Trail . Mr. Michael Detrick, 3500 Kessler, representing Mr. Ed Spraggins stated that he was not in a position of opposition today. They are very interested in the process which would put Mr. Spraggins in a position to further develop the land that fronts 287 . However, he urged the Council to authorize specific instructions in the service plan which would benefit the landowner and not put 100 percent of the utility burden on the land owner. Councilor Daniel stated that Council represents the interests of the citizens of Wichita Falls and deals with their interests and their future . Wichita Falls is now in a growth mode and these areas have a potential for development and Council needs to make sure that those areas develop in a logical and orderly fashion. That protects the integrity of the City overall . We are asking Staff to bring us data to make a good decision. Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays : None Item 10d RESOLUTION N0, 114-96 A RESOLUTION DIRECTING CITY STAFF TO PREPARE AN ANNEXATION SERVICE PLAN IN PREPARATION OF ANNEXING AN AREA GENERALLY BOUNDED BY THE WICHITA RIVER TO THE NORTH, U.S . HWY. 277 TO THE SOUTH, F.M. HWY. 369 TO THE WEST, AND THE CITY LIMITS TO THE EAST; 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. 114-96 be passed. Motion seconded by Councilor Johnston. Mayor again explained the purpose of this resolution. The following persons requested Council not to annex them as they already have the services that annexation would provide them. Kirby Kellogg, 3401 Parkhill Rd. , presented a petition to the Mayor of the land owners in this area requesting not to be annexed. Bill Evans, 9002 Ave . P, Lubbock, Texas, National Fireworks; 287 Item 10d cont' d. Wade Yandell, 5950 Kovarik Johnny Raub, 2901 Barnett Rd. Bill Stephens, 6335 Kovarik, stated that now is the time to avoid spending tax dollars to attempt to annex them because they have the resources and the result to try to prevent it . He said they also had a petition opposing this annexation from their area. Mayor stated that it is incumbent upon Council as representatives of the citizens of Wichita Falls to look at all aspects of the life of this community. We are looking at both of these areas . In what we are doing today we are not taking a stand one way or the other on whether we are going to annex these properties or not . We are merely asking staff to prepare options and the cost for Council to study these areas . Staff was directed to set some priorities and goals that we as a community can strive to reach. Mayor informed that Staff had been asked to prepare a comprehensive annexation plan so that Council can look at areas of growth. Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays : None Item 10e A proposed resolution was presented approving the sale of excess City property at the rear of Rosemont Cemetery and authorizing the execution of a deed to convey title . Moved by Councilor Martin that proposed resolution be passed. Motion seconded by Councilor Shine . Mr. Dave Clark informed that the developer has expressed the desire to develop a golf course, with condition zoning permitting that use which would be a restricted use . Council felt they needed more time to review and analyze this request . Moved by Councilor Johnston that this item be tabled. Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays : None 288 Item 10f RESOLUTION NO 115-96 RESOLUTION APPROVING THE PROPOSED BUDGET FOR THE NORTEX 9-1-1 COMMUNICATIONS DISTRICT FOR THE PERIOD FROM OCTOBER 1, 1996 THROUGH SEPTEMBER 30, 1997 Moved by Councilor Martin that Resolution No. 115-96 be passed. Motion seconded by Councilor Daniel and passed by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Daniel, and Martin Nays : Councilor Hawkins Item 10a RESOLUTION NO 116-96 RESOLUTION ACCEPTING THE LANDSCAPING OF THE SOUTH SITE CONSTRUCTION PROJECT FOR THE MULTI-PURPOSE EVENTS CENTER BY HARRIS NURSERY AND LANDSCAPING AS COMPLETE Moved by Councilor Shine that Resolution No. 116-96 be passed. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays : None City Council recessed at 10 :45 a.m. and reconvened at 11 : 05 a.m. Item 10 RESOLUTION NO, 117-96 RESOLUTION ADOPTING A VISION STATEMENT AND GOALS FOR THE CITY ORGANIZATION Moved by Councilor Shine that Resolution No. 117-96 be passed. Motion seconded by Councilor Martin. Mayor stated that the vision statement and goals were established first at the retreat and were discussed again last week. We have established goals for the Council itself . Mayor expressed appreciation for the cooperation and interaction of 289 Item 10h cont' d. the entire council as they worked through this . Council will provide objectives and staff will fill in the strategies . Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays : None Item lla Moved by Councilor Martin that bid be awarded to Memorex Telex, Irving, Texas, in the amount of $733 , 931 to install Computer Wiring and Connectivity System. Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays : None Item llb POW RESOLUTION NO. 118-96 RESOLUTION TO AWARD BID AND CONTRACT TO CAT CONTRACTING (INLINER, U.S .A. ) FOR PHASE I, SANITARY SEWER IMPROVEMENTS COLLECTION SYSTEM LINING PROJECT Moved by Councilor Daniel that Resolution No. 118-96 be passed. Motion seconded by Councilor Johnston. Mr. Kerry Maroney informed that he had taken a hard look at requiring some pre-qualifications for the purpose of trying to determine if this process and method is one that can continue to be used. This is the first of three phases and we are going to spend in excess of $10 million dollars to do this type of work in the next five years . I did not want by default to have a situation where we had a contractor that did not have the experience and the equipment to do it . I want to maintain these pre-qualifications until Wichita Falls gets comfortable with the process . It was noted that the waiver requested by CAT Contracting for exception to the 700 local hire rule, due to the specialized nature of the work, was included in the total bid package . Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Daniel, Martin, and Hawkins 290 Item llb contId. Nays : None Item llc RESOLUTION NO 119-96 RESOLUTION TO AWARD BID AND CONTRACT TO P.M. CONSTRUCTION COMPANY FOR PHASE I , SANITARY SEWER IMPROVEMENTS COLLECTIONS SYSTEM REPLACEMENT PROJECT Moved by Councilor Martin that Resolution No. 119-96 be passed. Motion seconded by Councilor Johnston. Councilor Daniel stated that citizens need to be made aware of the fact that this project is the primary reason that their rates have gone up and will continue to go up probably for the next five years . Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays : None Item 12a RESOLUTION NO, 120-96 RESOLUTION TO ACCEPT THE LANDFILL FINAL COVER CELL X AND WET CELL PROJECT ]IND AUTHORIZE FINAL PAYMENT TO JENNINGS CONSTRUCTION, 10C. Moved by Councilor Martin that Resolution No. 120-96 be passed. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays : None Item 13a City Manager informed that the lake lot project was one of the topics which Council requested more information. We now have one year experience with a full time Lake Administrator. Mr. Clark will make the presentation. Mr. Dave Clark informed that there had been substantial changes with the cooperation of the property owners out there . Statistical information was handed to the Council on the leases . 291 Item 1 a on 'd. The leases are tracked on the computer, excluding the grazing, mineral and oil leases . On the 50 year leases, at Lake Arrowhead we are in the second 25 years, and we have under 23 years before those can be changed. The positive change has been the clean up effort by the property owners . City completed 16 demolitions, and there are more to come . Regarding the commercial property, the barge lease has changed owners, and a new water system has been installed, most areas have been cleaned up, and the restroom has been improved. The picnic tables and the ramp to the barge have also been improved. The General Store has gone through a series of improvements with phenomenal progress . There are still challenges which need to be addressed, such as demolition. We estimate $100, 000 in demolition at both lakes to complete the backlog. Some things for consideration for the future are whether to re-lease lots or not, standards for development of docks, and the crappie houses . We are very happy with the progress which has been made out there this past year. In response to a question about the land around the lake, Mr. Clark informed that it is fee simple ownership by the City. City Attorney informed that whatever we have in the lease we can enforce because we own the property. We do not extend any ordinances, zoning power, or building codes because the property is outside the City. Our problem is that some of the structures out there are public nuisances and we are unable to enforce our health codes out there . Therefore, we have to rely upon Clay County and Archer County and their County Attorney' s office to enforce those for us, and they have limited resources . Councilor Shine asked if there was a written policy on abandoned lots and if it needed to be updated. City Manager replied that all we had was prior Council instruction not to re- lease lots unless there are extenuating circumstances . Right now we are not re-leasing. Our focus has been to clean it up. Councilor Shine suggested that a written policy be presented to the Council for their approval . Mayor asked for future outlook in conserving this as a water resource and the balance between that and a recreational use . Mr. Clark replied that in the situation of re-leasing there is a constraint on new rules for septic tanks and the space requirement is a problem. In considering some of the administration, there is some question there and I think we would be better off not to re-lease . If we do get into re- leasing, I suggest a strong policy on the quality of the structure to be built . Councilor Hawkins agreed with Mr. Clark that re-letting of lots should be looked at very closely. He said that size requirements and soil percolation need to be addressed. Mr. Clark summarized that the three items which they will address are as follows : 1)Written policy on re-leasing or not re-leasing; 2) Pros and cons on demolition and the cost; 3) Dock standards . Today Council received a status report on the lake lots and this additional information will be provided in written 292 Item 13a cont' d. form. Council requested that the two lakes be addressed separately in this information. Clifford Hitchcock who lives at Lake Kickapoo on F.M. 368 , brought up the situation of a gate which the residents had put up on a public road that leads to the boat houses . Mr. Hitchcock said that the City had taken down this gate without any notice to the residents . He referred to a letter from the City which he said allowed them to use this road as a private road. He complained that since that gate had been taken down they have had problems with trash, sanitation, and controlling people coming and going. He requested access to that road as a private road for control and maintenance by the residents there . City Manager informed that this issue had been brought up before and he still stands by his statement that a City official does not have the authority to give away City assets . The letter states, in response to a request for the Ctiy to gravel the road, that it was not the City' s position to work on that road. However, no where in the letter did it say that people would be allowed to squat on the land and have the benefit of sixteen acres without a lease, and to get the best part of the lake for crappie houses for personal use without a lease . That is exactly what happened, and they put up a gate on this road which denied public access . They were using City property without the benefit of a lease and I instructed that the gate be taken down. If we need to look at it in terms of sanitation, we will do that . Also, under consideration is the idea of those crappie houses being moved out of there; they are there without a lease and it is an area we need to explore . Councilor Hawkins disagreed with doing away with those crappie houses . Also, he felt that if the City was not going to develop that area for picnicking or recreation, leasing should be considered to allow the residents to maintain that road. City Manager commented that what was taking place out there was illegal in that people were taking City property and fencing it, and this has to be stopped. Mayor stated that Mr. Clark will provide recommendations which would assist in such matters . Item 13b Mayor announced that effective at the next Council meeting, the public input on items which do not appear elsewhere on the agenda will be at the beginning of the Council agenda. Item 13c Councilor Johnston expressed appreciation for the way bids are being presented to Council and the information receiving from Staff . He felt the Council @PJL ENTER LANGUAGE = PCL 293 Item 13c cont'd. Mayor expressed appreciation to Mr. Troy Jensen for the work of installing the new audio and video equipment in the Council Chambers . Mayor thanked Mr. Jim Dockery for assisting in the absence of the City Manager. Mayor recognized Mr. Craigo Gaines and his Boy Scout Troop who were present at today' s Council meeting, working on their citizenship and community merit badge . Mayor asked if there was an ordinance regarding cars parked and being sold along major thoroughfares . Staff will look into this . Item 13d City Manager informed that proposed budgets would be available to the Council on August 12 ; the budget hearings will begin August 20 and continue, if necessary, through August 23 . He reported that he had received a letter from Tim Thomas, Small Business Development Center, requesting $8, 417 . 00 of the $20, 000, to make up for the shortfall in federal funding. This shows their funding is not being taking away too badly and Mr. Thomas expects that funding level to continue in future years . They did not make a budget request for next year. Item 13e City Council retired to the Council conference room at 12 :20 p.m. for a Staff briefing and worksession on the library services . Mr. Jim Dockery and Mrs . Linda Hughes were in attendance and briefed the Council on the current status of the Library and future possibilities for the Library. The City Council adjourned at 2 : 05 p.m. PASSED AND APPROVED this c(")day of , 1996 . 1 21 Y O R ATTEST: 1. City Clerk