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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