Min 09/06/1994 660
Wichita Falls,Texas
Memorial Auditorium Building
September 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 - Councilors
Terrance E. Loughry -
Angus Thompson -
Bill Daniel -
J. W. Martin -
Harold Hawkins -
James Berzina - City Manager
Greg Humbach - City Attorney
Lydia Torres - City Clerk
Mayor Lam called the meeting to order.
Mayor Lam asked that Councilor Paul Hughes be remembered in
the death of his wife.
Invocation was given by Mayor Michael Lam.
Item 3
Raymond McCoy, Fire Department Lieutenant, was honored as
Employee of the Month. Mayor Lam presented him with a plaque,
City pin, theatre and transit tickets, dinner for two, and a
check.
Item 4
Moved by Councilor Thompson that the minutes of the August
16, and 18, 1994 meetings be approved.
Motion seconded by Councilor Mallonee and carried by the
following vote.
Ayes: Mayor Lam, Councilors Mallonee, Loughry,
Thompson, Daniel, Martin, and Hawkins.
Nays: None
Items 5a-8h
Moved by Councilor Daniel that the consent agenda be
approved.
Motion seconded by Councilor Thompson.
Councilor Martin requested that Item 8b be brought down.
Councilor Hawkins requested that Item 8a be brought down.
Moved by Councilor Thompson that the consent agenda be
approved with the deletion of Items 8a and 8b.
Motion seconded by Councilor Mallonee and carried by the
following vote.
661
Item 5a-8h, cont'd.
Ayes: Mayor Lam, Councilors Mallonee, Loughry,
Thompson, Daniel, Martin, and Hawkins
Nays: None
Item 5a
RESOLUTION NO. 134-94
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS, AUTHORIZING THE CITY ATTORNEY TO
SETTLE A LAWSUIT WITH ELI MORENO; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION
WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY
LAW.
Item 6a
RESOLUTION NO. 135-94
RESOLUTION TO APPROVE AWARD OF BIDS FOR REFUSE
CONTAINERS FOR USE BY THE SANITATION DEPARTMENT.
Item 7a
RESOLUTION NO. 136-94
RESOLUTION TO ACCEPT MPEC SOUTH UTILITIES RELOCATION
PROJECT AS COMPLETE AND AUTHORIZE FINAL PAYMENT TO
CONTRACTOR.
Item 7b
RESOLUTION NO. 137-94
RESOLUTION TO ACCEPT CHEMICAL INJECTION PROJECT AS
COMPLETE AND AUTHORIZE FINAL PAYMENT TO THE
CONTRACTOR.
Item 8c-8h
Minutes of the meetings of the following boards and
commissions were received.
c.. Planning and Zoning Commission, July 13 , 1994
d. Water Resources Commission, August 5 , 1994
e. Board of Electrical Examiners, August 12, 1994
f Wichita Falls Clean Country August 15, 1994
g. Wichita Falls Park Board, August 25, 1994
h. Zoning Board of Adjustment, January 19, 1994
Item 8a
Moved by Councilor Hawkins that the Landmark Commission
Minutes of the December 9, 1993 meeting be received.
Motion seconded by Councilor Martin.
Councilor Hawkins questioned why the meeting was held in
December 1993 and the minutes are just now being considered.
City Manager replied that the practice had been not to send the
minutes to the Council until they had been approved by that
board. However, in the future, minutes will be sent to the
Council prior to board approval.
Motion carried by the following vote.
Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson,
Daniel, Martin, and Hawkins.
Nays: None
662
Item 8b
Moved by Councilor Thompson that the Wichita Falls/Wichita
County Public Health Board minutes of the July 1, 1994 meeting
be received.
Motion seconded by Councilor Martin.
Councilor Martin requested that the minutes be corrected to
reflect that he was present at that meeting.
Motion carried by the following vote.
Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson,
Daniel, Martin, and Hawkins.
Nays: None
Item 9a
It was noted by Councilor Thompson that being the Executive
Director of the Community Action Corporation he would not
participate in the discussion nor vote on the funding for
Community Action Corporation.
Moved by Councilor Mallonee that funding for the Community
Action Corporation for Neighborhood Action Groups in the amount
of $10,090 be approved.
Motion seconded by Councilor Daniel and carried by the
following vote.
Ayes: Mayor Lam, Councilors Mallonee, Loughry, Daniel,
Martin, and Hawkins.
Nays: None
Item 9b
Mayor Lam opened the Public Hearing on the 1994-95 Proposed
City Budget.
No one wished to be heard. Mayor closed the Public
Hearing.
Item 9c
ORDINANCE NO. 111-94
AN ORDINANCE LEVYING, ASSESSING AND FIXING THE TAX
RATE FOR THE USE AND SUPPORT OF THE MUNICIPAL
GOVERNMENT OF THE CITY OF WICHITA FALLS, TEXAS, AND
PROVIDING THE INTEREST AND SINKING FUND FOR THE FISCAL
YEAR 1994-95 AND APPORTIONING EACH LEVY FOR THE
SPECIFIC PURPOSE AND PROVIDING FOR THE ASSESSMENT OF
ANNUAL OCCUPATION TAXES PROVIDED BY LAW, AND DECLARING
AN EMERGENCY.
Moved by Councilor Martin that Ordinance No. 111-94 be
passed.
Motion seconded by Councilor Thompson.
Councilor Martin expressed his concern about losing the
momentum gained and losing any benefit of broadening the tax
base by reducing the tax rate further. In addition, next year
when these projects come on line Council will be looking at a
larger tax increase for the citizens if the rate is reduced
further.
Councilor Loughry commented that they are also looking at a
water and sewer increase and possibly looking at an increase
next year for bonds.
663
Item 9c, cont'd.
Mayor Lam moved that the tax rate be amended by reducing it
one cent and that the cuts be made in those areas as recommended
by the City Manager.
Motion seconded by Councilor Loughry.
Councilor Hawkins stated that he had taken a long look at
the tax rate and he would like to see it reduced, but there are
projects which need to be done. Therefore, he was going to go
with the budget as proposed by the City Manager with direction
that cuts be made where possible in order to be able to improve
our City.
Councilor Thompson commented that overall the proposed
budget was good, but he felt there were some cuts which could be
possible. He also stated there were a lot of projects which
needed to be done.
Motion failed by the following vote.
Ayes: Mayor Lam and Councilor Loughry
Nays: Councilors Mallonee, Thompson, Daniel, Martin, and
Hawkins
Moved by Councilor Hawkins to adopt Ordinance No. 111-94
setting the tax rate at 0. 67215 based on the Staff ' s
recommendation.
Motion seconded by Councilor Martin and carried by the
following vote.
Ayes: Councilors Mallonee, Thompson, Daniel, Martin, and
Hawkins
Nays: Mayor Lam and Councilor Loughry
Item 9d
ORDINANCE NO. 112-94
ORDINANCE TO AMEND SECTION 32-20 OF THE CODE OF
ORDINANCES TO ADJUST TREATED AND RAW WATER RATES FOR
RETAIL CUSTOMERS
Moved by Councilor Martin that Ordinance No. 112-94 be
passed.
Motion seconded by Councilor Thompson.
Mr. Bonnett informed that Items 9d, 9e, 9f and 9g were
related. The water and sewer fund operates as an enterprise
fund. Setting of rates is complex particularly in the area of
wholesale customers. He introduced Mr. Searcy Graves of Willis,
Graves and Associates, City' s rate consultant.
Mr. Willis informed that this study was begun in October,
1993 , being an updated study from 1990 which resulted in a rate
increase at that time. The City was only able to put in a 10%
rate increase in 1992 and are now in the situation of catching
up with rate increases which were predicted four or five years
ago ( 10% for 1990, and 5%, 3% and 3% for subsequent years) . Mr.
Willis addressed wholesale rates for water and retail rates for
water and sewer. Sewer rate increase amounts to about 48% and is
necessary in order to catch up with the sewer rates that were
not put into effect the past five years and to provide for the
ground work for the issuance of additional debt if this becomes
required next year. Overall rate increase is 18% and the sewer
rate increase is 48%, water will actually carry itself this year
and next year.
664
Item 9d, cont 'd
Mayor Wayne House, Iowa Park, commented on the 21 . 68a
increase to Iowa Park citizens. He requested that Council
consider off-peak consumption when setting their rates.
Motion carried by the following vote.
Ayes: Mayor Lam, Councilors Mallonee, Loughry,
Thompson, Daniel, Martin, and Hawkins
Nays: None
Item 9e
ORDINANCE NO. 113-94
ORDINANCE TO AMEND SECTION 32-57 OF THE CODE OF
ORDINANCES TO ADJUST SEWER RATES FOR RETAIL CUSTOMERS.
Moved by Councilor Thompson that Ordinance No. 113-94 be
passed.
Motion seconded by Councilor Martin and carried by the
following vote.
Ayes: Mayor Lam, Councilors Mallonee, Loughry,
Thompson, Daniel, Martin, and Hawkins.
Nays: None
Item 9f
ORDINANCE NO. 114-94
ORDINANCE AMENDING SECTION 32-21 OF THE CODE OF
ORDINANCES TO INCREASE DEPOSITS FOR ALL PERSONS AND
BUSINESSES DESIRING TO USE CITY WATER
Moved by Councilor Mallonee that Ordinance No. 114-94 be
passed.
Motion seconded by Councilor Martin and carried by the
following vote.
Ayes: Mayor Lam, Councilors Mallonee, Thompson, Daniel,
Martin, and Hawkins
Nays: Councilor Loughry
-
ORDINANCE NO. 115-94
ORDINANCE TO RESCIND ORDINANCE NO. 61-90 AND TO
APPROVE WHOLESALE WATER RATES FOR CONTRACT WATER
CUSTOMERS
Moved by Councilor Thompson that Ordinance No. 115-94 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.
665
Item 9h
ORDINANCE NO. 116-94
ORDINANCE MAKING APPROPRIATIONS FOR THE SUPPORT,
MAINTENANCE, BUILDINGS AND IMPROVEMENTS FOR THE CITY
OF WICHITA FALLS FOR THE FISCAL YEAR BEGINNING OCTOBER
1., 1994, AND ENDING SEPTEMBER 30 , 1995, BOTH DATES
SAID ADOPTING FIGURES D
ACCOUNTS AS
APPROPRIATIONS, DECLARING AN
PARTINCLUSIVE,OEMERGENCY.
PAR
T
Moved by Councilor Thompson that Ordinance No. 116-94 be
passed.
Motion seconded by Councilor Martin and carried by the `
following vote.
Ayes: Mayor Lam, Councilors Mallonee, Loughry,
Thompson, Daniel, Martin, and Hawkins.
Nays: None - - - - - - -
Item 10a
ORDINANCE NO. 117-94
ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND
FROM DTED FUND OF FUNDS FROMANCE D UNDESIGNATED AUTHORIZING
REPLENISHMENTFUND BALANCE.
Moved by Councilor Hawkins that Ordinance No. 117-94 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 10b
ORDINANCE NO. 118-94
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, CLOSING, VACATING AND ABANDONING A
PORTION OF A TEN FOOT WIDE UTILITY EASEMENT OUT
OF AUTHORIZING
3 , BLOCK 2, BRIARGATE ESTATES, SECTION 1;
THE CONVEYANCE OF THE PORTION OF THE EASEMENT TO THE
FEE OWN HIS FINDING
ORDINAN ORDINANCEAND
WAS DETERMINING
DISCUSSEDTHAT
WAS THE
OPENMEETING
AT
WHICH TO THE
PUBLIC AS REQUIRED BY LAW.
Moved by Councilor Hawkins that Ordinance No. 118-94 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 - - - - - - -
666
Item 10c
ORDINANCE NO. 119-94
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FALLS,
TEXAS, CLOSING, VACATING AND ABANDONING A PORTION OF A
CANAL DRAINAGE EASEMENT OUT OF BLOCK 18, DENTON COUNTY
SCHOOL LANDS, LEAGUE 1; AUTHORIZING THE CONVEYANCE OF
THE PORTION OF THE EASEMENT TO THE FEE OWNER; FINDING
AND DETERMINING THAT THE MEETING AT WHICH THIS
ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
Moved by Councilor Thompson that Ordinance No. 119-94 be
passed.
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 10d
ORDINANCE NO. 120-94
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 TURTLE
CREEK ROAD ADJACENT TO THE WEST LINES OF LOTS 5-12 AND
17, AND THE NORTH SIDE OF TURTLE CREEK ROAD ADJACENT
TO THE SOUTH LINES OF LOTS 1-5 AND 31-34, CASTLEBAR
Moved by Councilor Martin that Ordinance No. 120-94 be
passed.
Motion seconded by Councilor Thompson and carried by the
following vote.
Ayes: Councilors Mallonee, Loughry, Thompson, Daniel,
Martin, and Hawkins
Nays: None
Mayor Lam abstained from voting or discussing this item due
to a conflict of interest.
Item 10e
A proposed ordinance was presented waiving section 32-139
of the Code of Ordinances with respect to detention requirements
for Lot 12-A, Melody Ranch Estates.
Moved by Councilor Martin that this proposed ordinance be
passed.
Motion seconded by Councilor Hawkins.
Martin Litteken with Biggs and Matthews, representing Mr.
Robert P. Hall owner of the property, addressed this item.
Council was concerned that continued waiving of detention
requirements would result in adding to the problem down stream,
and also the maintenance of this water detention by the City.
Mayor suggested that the property owner look into other
Possibilities of relieving that situation and take the City out
of the loop. Some suggestions were a farm pond, terracing or
landscaping.
667
Item 10e, cont'd.
Motion failed by the following vote.
Ayes: Councilor Loughry
Nays: Mayor Lam, Councilors Mallonee, Thompson, Daniel,
Martin, and Hawkins
Item 10f
ORDINANCE NO. 121-94
ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9
(B) ( 2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO
PLACING CURB AND GUTTER ON THE SOUTH SIDE OF NUNN
STREET, ADJACENT TO THE NORTH LINE OF LOTS 12, 13 , 14,
AND 23 , BLOCK 1-A, PARK VILLAGE ADDITION.
Moved by Councilor Thompson that Ordinance No. 121-94 be
passed.
Motion seconded by Councilor Mallonee and carried by the
following vote.
Ayes: Councilors Mallonee, Loughry, Thompson, Daniel,
Martin, and Hawkins
Nays: None
Mayor Lam abstained from voting or discussing this item due
to a conflict of interest.
Item lOg
ORDINANCE NO. 122-94
ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9
(B) ( 2 ) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO
PLACING CURB AND GUTTER ON THE NORTH SIDE OF KOVARIK
ROAD, ADJACENT TO THE SOUTH LINE OF LOTS 1-4, BLOCK 1,
KEMP' S SUBDIVISION OF WILLIAM MAYER SURVEY.
Moved by Councilor Thompson that Ordinance No. 122-94 be
passed.
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 lOh
ORDINANCE NO. 123-94
ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9
(B) ( 2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO
PLACING CURB AND GUTTER ON THE WEST SIDE OF TURKEY
RANCH ROAD, ADJACENT TO THE EAST LINE OF LOTS 1-7,
WILD PLUM COUNTRY ESTATES.
Moved by Councilor Thompson that Ordinance No. 123-94 be
passed.
Motion seconded by Councilor Martin and carried by the
following vote.
668
Item 10h, cont'd.
Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson,
Daniel, Martin, and Hawkins
Nays: None
Item 10i
A proposed ordinance was presented waiving Section 32-139
of the Code of Ordinances with respect to detention requirements
for Lots 1-7, Wild Plum Country Estates.
Moved by Councilor Hawkins that this proposed ordinance be
passed.
Motion seconded by Councilor Martin.
Councilor Hawkins commented that storm water retention
needs to be enforced because those water problems need to be
resolved.
Mayor stated that every situation is different and if there
is a way that a waiver can be approved it should.
Mr. Bonnett commented that this one could go either way.
This drops into Lake Wichita which is in essence a storm water
detention basin. The concern is the area between the Lake and
the subdivision itself. Although there are no current problems
out there now, there could be in the future.
Councilor Mallonee stepped away from the Council table.
Motion failed by the following vote.
Ayes: Mayor Lam and Councilor Thompson
Nays: Councilors Loughry, Daniel, Martin, and Hawkins.
Item 10j
A proposed ordinance was presented waiving Section 32-139
of the Code of Ordinances with respect to the detention
requirements for Lots 1-4, Block 1, Kemp' s Subdivision of
William Mayer Survey.
Moved by Councilor Thompson that this proposed resolution
be adopted.
Motion seconded by Councilor Martin.
Councilor Mallonee returned to the Council table.
Mr. Bonnett commented that this drops into the Big Wichita
River and the problem will be between the Big Wichita River and
the Subdivision and what it will be in twenty years. This is
outside the City limits and there has been a significant amount
of activity on Kovarik Road.
Motion failed by the following vote.
Ayes: Mayor Lam, Councilors Mallonee and Loughry
Nays: Councilors Loughry, Thompson, Daniel, Martin, and
Hawkins
669
671
Item 11b, cont'd.
Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson,
Daniel, Martin, and Hawkins
Nays: None
Item llc
RESOLUTION NO. 140-94
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS ESTABLISHING AN AIRPORT ZONING BOARD;
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. 140-94 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 lld
RESOLUTION NO. 141-94
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN
OPERATION AND MAINTENANCE CONTRACT WITH THE MPEC
CORPORATION; 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. 141-94 be
passed.
Motion seconded by Councilor Martin and carried by the
following vote.
Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson,
Daniel, Martin, and Hawkins
Nays: None
Item lle
RESOLUTION NO. 142-94
RESOLUTION TO RESCIND RESOLUTION 159-90 , AS AMENDED,
PERTAINING TO FEES FOR SERVICES BY THE PUBLIC
WORKS/UTILITIES DEPARTMENT AND TO APPROVE A NEW
RESOLUTION TO UPDATE THE RATES FOR UTILITY LABOR,
EQUIPMENT, MATERIAL AND SERVICES
Moved by Councilor Martin that Resolution No. 142-94 be
passed.
Motion seconded by Councilor Hawkins and carried by the
following vote.
Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson,
Daniel, Martin, and Hawkins
Nays: None
672
Item llf
RESOLUTION NO. 143-94
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE
A LEASE AGREEMENT BY AND BETWEEN THE CITY OF WICHITA
FALLS, WICHITA COUNTY, TEXAS, AND THE WICHITA FALLS
FEDERAL CREDIT UNION OF WICHITA FALLS, WICHITA COUNTY,
TEXAS; 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. 143-94 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
RESOLUTION NO. 144-94
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, ACCEPTING BID ON EXCESS CITY PROPERTY AT
605 R EDWARDS STREET AND AUTHORIZING THE MAYOR TO
EXECUTE THE DEED TO CONVEY TITLE; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION
WAD DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY
LAW
Moved by Councilor Martin that Resolution No. 144-94 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 13a
RESOLUTION NO. 145-94
RESOLUTION APPROVING CHANGE ORDER NO. 1 TO THE
CONTRACT WITH THE BUCHANAN CONSTRUCTION COMPANY FOR
CONSTRUCTION OF THE AGRICULTURAL COMPLEX OF THE MULTI-
PURPOSE EVENTS CENTER
Moved by Councilor Daniel that Resolution No. 145-94 be
passed.
Motion seconded by Councilor Martin and carried by the
following vote.
Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson,
Daniel, Martin, and Hawkins
Nays: None
Council recessed at 11:00 a.m. in order to attend Mrs.
Hughes ' funeral.
Council reconvened at 1:30 p.m.
673
Item 14a
Worksession on Lone Star b as rate
a Steve Morah
se was held t 1 Mayor
n the
Council conference room as requestedY Mr
announced that everyone was invited to attend and that it was an
open meeting.
Mr. Morath introduced Mr. Dale Burton and Travis Clark with
Lone Star Gas. Also present was Mrs. Constance Cannedy with Reed
and Stowe Company. Both went over their methodologies used to
arrive at the rate increase. This information was in essence the
same as was presented to the Council at the August 16, 1994
meeting. Discussion was had but no decision was forthcoming.
The Council reconvened in the Council Chambers at 2. 45 p.m.
Item 14b
Moved by Mayor Lam that Dr. Joe Miller and Liz Miller be
allowed to obtain a new generation lease at $385 in place of
their existing lease which requires Council to set an annual
rate every five years for the life of the lease, this being the
first five ves set an theannual ent is not rental reached
Millers, Councilrental fee at $260 for their
existing lake lot lease.
Motion seconded by Councilor Martin and carried by the
following vote.
Ayes: Mayor Lam, Councilor Mallonee, Loughry, Thompson,
Daniel, Martin, and Hawkins
Nays: None - - - - - - -
Item 14c
Dr. Joe Miller, President of Lake Kickapoo Leaseholders
Association, stated that their recommendation is to re-lease
lots which had leaseho dersc k want development of the l Lake as H
reverted ak to the city at as a
said that the
good living area.
City Manager said that Council had instructed Staff Staffto
re-lease any lots which came back to the City.
recommendation is that this policy continue and allow the lots
to revert back to their natural state. He commented that Lake
d it would
Arrowhead and Kickapoo are the City' s water supply
be counter productive to encourage greater numbers of people
and greater numbers of septic tanks by re-leasing. It is not
worth the situation to use city assets and city forces to create
a development alternative to building in this City. This is not
what we are about since they are no longer a part of the City.
It is better for shwhatkes we recommend maintain
andthe
encourage youltondoural
state, and that i
Councilor Martin felt that it was to the City' s advantage
to re-lease the lots since revenue was coming in from them.
Regarding the septic tanks, he suggested going to holding tanks
which is what lake developments are going to now. He said that
with this revenue people who
have lots out that is worthwhile.here would be
encouraged to put up something
City Manager mentioned the Clean Water Act and the Safe
Drinking Water Act. He stated that the only concern was not just
sanitary sewage runoff; it is going to be trash, drained oil in
the lake, etc. You are just building the population, you are not
recovering the fee even at the new rate. You would be
developing an area that is beyond your control. In re-opening
the lots, surveys would be required in order to determine lot
lines. The lots are not in a position to pay for themselves and
674
Item 14c, cont'd.
you need to look at the environamental factors; therefore, Staff
recommends against re-leasing.
Councilor Hawkins said that it needs to be looked at again
and holding tanks should aldso be considered.
Mayor commented that Council was not in a position to take
any action on this today.
A citizen asked about sewer hook-up. Mr. Bonnett explained
that there is no sanitary sewer out there and anyone that hooks
on to the sanitary sewer is going to be required to extend the
sanitary sewer at their cost. Mayor Lam informed that if there
is a sanitary sewer behind the citizen' s house, tapping into it
would be less expensive, but if he has to run a new sewer it
would be a lot more expensive. Same citizen asked about a burn
permit. Chief James responded that burning is prohibited in the
State with few exceptions. He will need to contact Air Quality
Board, TNRCC in Austin to inquire about trench burning.
Councilor Martin brought up the re-opening of the leases at
Kickapoo. City Manager stated that there was nothing else he
could add aside from the three issues addressed earlier - water
supply, environment and creating a new development out there.
Mayor commented that the Council needs to reaffirm the direction
to the staff or give a different direction. Dr. Miller said that
they were not asking for a new expansion of the community just a
better control of the existing community. He asked that he be
notified when Council considers this matter.
Item 14d
Councilor Hawkins requested that Mr. Murphy inform why
water is constantly standing at Missile Rd. and S.H. 240.
Councilor Loughry requested that the research compiled by
the Mayors Commission on Status of Women regarding the different
races and sexes be used in making appointments to boards and
commissions. He also asked about the golf hitting drive at
Hamilton Park. City Manager informed that it has been restricted
to the east end of Hamilton Park.
Item 14e
City Manager informed that the remaining traffic signals on
Fifth and Sixth Streets do not meet warrants and Council had
requested notification on this before taking those stop signals
out. Those include Fifth and Scott, Burnett, Travis, Lamar, and
Austin; Sixth and Travis, Burnett, Austin, Old Seymour Road and
Garfield. Mayor suggested that this be held for discussion at a
later date. Councilor Hawkins suggested that we get input from
the Traffic Commission on this.
Item 14f
The Council went into Executive Session at 2 . 54 p.m. as
authorized by Section 551. 074 of the Government Code.
The Council reconvened at 3 : 40 p.m.
The City Council adjourned at 3 : 40 p.m.
675
PASSED AND APPROVED this )C) day of A" chk1994.
Michael Lam, Mayor
ATTEST:
Ly a Torres
Cit Clerk