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Min 04/05/1994 524 Wichita Falls,Texas Memorial Auditorium Building April 5, 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 - Paul Hughes - J. W. Martin - Harold Hawkins - James Berzina - City Manager Gregory Humbach - City Attorney Lydia Torres - City Clerk Mayor Lam called the meeting to order. The invocation was given by Rev. Mike Rucker, Bible Baptist Church. Item 3a Robert O. Gunville, Jr. , Traffic Department, was honored as Employee of the Month for April. Mayor Lam presented him with a plaque, a check, bus tickets, tickets to dinner, and a City pin. Mayor Lam proclaimed April 9, 1994 as Great Texas Trash-Off Day. Hank Grieb announced that Saturday, April 9, 1994 is also the kickoff project for Christmas in April. The kickoff project will be at 1109 23rd Street at 8: 00 A.M. on April 9. This is the eleventh year of the Christmas in April Program. Last year they received a Community Development Block Grant which will be used this year for roofing. They will be working on 27 roofs this year with contractors providing training for the volunteers. They have selected 102 projects. Project date is April 30 and they anticipate an excess of 200 volunteers who will be working in Kamay, Electra, Burkburnett, Iowa Park and Wichita Falls. In Wichita Falls alone, they will be working on 90 homes on April 30 . Mr. Grieb invited everyone interested to help them celebrate this llth year of Christmas in April. Item 4 Moved by Councilor Martin that minutes of the meeting held March 16, 1994 be approved. Motion seconded by Councilor Hughes and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None 525 Item 5 Moved by Councilor Thompson that the consent agenda be approved. Motion seconded by Councilor Martin and carried by the following vote. Councilor Hawkins asked the City Attorney if he needed to abstain from voting on Item 6e. The City Attorney responded in the negative. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 5a Bid for the City' s annual supply of lubricating products was awarded to Texaco Lubricants Company in the amount of $42, 694. 18. Item 5b Bid for a 25,500 GVW cab and chassis was awarded to R.L. Anderson, Inc. in the amount of $35,765. 90. Item 5c RESOLUTION NO. 42-94 RESOLUTION TO AWARD BID TO JIM MARSHALL CONSTRUCTION, INC. FOR UTILITY FACILITIES PAINT PROJECT Item 5d RESOLUTION NO. 43-94 RESOLUTION TO AWARD BID FOR GRAZING LEASE AT LAKE KICKAPOO TO HARDLY ABLE CATTLE COMPANY, INC. FOR THE NORTHSIDE LEASE RESOLUTION NO. 44-94 RESOLUTION TO AWARD BID FOR GRAZING LEASE AT LAKE KICKAPOO TO LESLIE P. WACHSMAN FOR THE SOUTHSIDE LEASE Item 6 Minutes of the meetings of the following boards and commissions were received. a. Wichita Falls Clean Country, March 15 , 1994. b. Board of Electrical Examiners, March 10, 1994. c. Lake Wichita Study Committee, March 1, 1994 . d. Commission on Human Needs, February 28, 1994 . e. Planning and Zoning Commission, February 9 , 1994. f. Wichita Falls Park Board, March 24 , 1994 . Item 10a Moved by Councilor Martin and seconded by Councilor Hughes that Item 10a be moved to the first item on the Regular Agenda. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None The Mayor opened the discussion of a second generation lease for Lake Kickapoo by giving a brief history of the Committee and the City Staff ' s work on this lease. He commended 526 Item 10a, cont'd. Gordon Wallace and his committee for the hard work and the service to the residents at Lake Kickapoo. He asked for input on the new generation lease. Gordon Wallace, 3510 Copperas Cove, Chairman of this Committee, stated that the Committee endeavored as best they could to represent the City' s interest as well as the residents of Lake Kickapoo. He commended members of the Committee on their work. He asked Bill Thacker and Andy Lee to address any questions that may arise. Andy Lee, 3006 Speedway, member of the Committee, gave a brief overview of the past year' s work on this Committee ' s recommendations. Mr. Lee stated that they worked to receive input both from the residents of Lake Kickapoo and the City Staff, as well as going out to Texas Cities trying to get representative copies of leases. He said they had made their recommendation on Kickapoo leases to the Council and then proceeded into the draft stage. Those recommendations resulted from numerous meetings. They made certain that the City' s interests were represented. They were drafting the lease as recent as last week. The results were two parallel documents with only several points difference. Mr. Lee mentioned that Council had a note from Mr. Thacker noting the differences in the two leases. He deferred to Mr. Thacker to address those points. Bill Thacker, 1603 Mesquite, stated that Council had been submitted a list of the differences between the two drafts, the one prepared by the Committee and the subsequent drafts prepared by City Administration. He deferred to that information and made himself available to answer any questions. Mayor Lam stated that the information had been received and it was a clear concise overview and distinction of where the two leases differ. Councilor Hawkins asked who had set the time limit of 50 years for the lease. He said as a Realtor he would fight that because he thinks the lease should have sufficient length in order to allow for FHA and VA loans through secondary money markets. Mr. Thacker replied that technically that was a 50 year lease. The Committee voted for a 25 year lease and a 25 year option and he made the option automatic to save a lot of paperwork. Councilor Hawkins said that would suffice for the first ten years but after that VA and FHA loans would not be obtainable because it requires 10 years past termination of lease to get VA or FHA loans. Mr. Lee said he did not know, but that Baxter Featherston had represented the Board of Realtors and he had substantial input. Mr. Thacker stated that it was ten years past the loan, so if you had a 25 year loan you would need a 35 year lease. Councilor Hawkins replied that you would have a very difficult time, if you deal in the secondary money market, selling a 25 year or 35 year note. Mr. Thacker informed that when they considered the lesser lease, it did have the 10 year provision. When the Committee went to the 50 year term, they felt that was long enough to get the loans. The Committee ' s discussion was that someone could make a nominal loan and thereby extend their lease, so you would have a staggered lease term. Councilor Hawkins asked why the lease term had to end at a specific period of time. City Manager responded that there were a couple of things that the Committee and the Staff wanted to preserve. One was that there be a point that the Council, at some future date, would have the opportunity to decide if they wanted to continue leasing. But if Council does not feel it is necessary that future Councils have the opportunity to make a determination if they want to continue leasing, then obviously Council can cast that aside. The other thing that was important to both groups was that the leases terminate at the same time in order to enhance the administration of the leases. Mr. Hawkins 527 Item 10a, cont'd. said that was going under the assumption that at some point you were going to terminate the leases. He said that at the major metropolitan cities with lakes where they have nice homes built, they do not have an ending period. The City Manager reiterated that if that was not important to the Council then they could discard it. Councilor Martin mentioned that they did have real estate input on this. Mr. Thacker commented that they did have Realtors meet with them and they did get the 10 years behind the loan deal. He said that the initial draft allowed for an automatic ten year extension beyond the 25 year term. Councilor Hawkins stated that the City would have to sign an agreement that the person would be guaranteed the continuation of a lease except for certain special provisions to a point that it is ten years beyond the end of the note rate. Mr. Thacker agreed. Councilor Hawkins said that we would be limiting ourselves. Mayor Lam said that you cannot tailor lease property to conform with owned property. If you intend to do that we are going to find ways that people can automatically get their lease extended by taking out a loan or by trying to stagger their due dates, which will add to administrative problems. It is important to be user and lender friendly. By the very nature of the beast being lease property we cannot make it conform completely to privately owned property. Mr. Lee mentioned that Kickapoo is one of our primary water sources and the intent of the Committee was to cross that bridge to see if the City really wanted to maintain recreational lots and establish some quality at Lake Kickapoo. He said that they did not receive an answer on that, therefore, they assumed that because the original intent of Kickapoo was to go with quality living that they would do everything they could to get some type of financing within, and term was one of the most important factors considered. No one knows where they will be thirty years from now with relation to water, and at that stage we do not want to hamper, with any terms, those options that the Council may want. Councilor Hawkins expressed appreciation for the Committee' s work, but he thought that the Staff had told them it would be a 50 year term and he as a Councilor had not given that direction. Mr. Thacker replied that the Committee had recommended the 50 years last fall when it was presented and they heard nothing to the contrary, therefore, they drafted it that way. He addressed Councilor Hawkins by saying that they did consider what he was saying and they did try to balance the results. Councilor Hawkins said his concern was that the City does not have blue water lakes to build on, it has brown water lakes, but this is one chance to build up the shore line to make the shoreline look pretty anyway. We would be cutting our own throats by putting this provision in. Mr. Thacker stated that Council could later, under legislation, make fee conveyances. Councilor Hawkins said that he was not going for fee conveyances, but that they did need the option to expand the lake if they wanted to, but if they go to fee conveyances they would be behind the ballpark of expanding the lakes. He has not checked to see if those lakes are expandable. Mr. Thacker stated that they did not consider that. Dr. Joe Miller, President of Lake Kickapoo Lease Holders Association, said that he didn' t believe that all the changes in the two leases are in effect just legalis. There is one very important difference, being that the sum of monies from the money realized from the increased leases will be earmarked for use of Lake Kickapoo. He said that was very important to them from several standpoints. He mentioned what the Mayor had said earlier about all citizens of Wichita Falls having the right to live in a clean community. They feel they have that right and feel they have been denied that privilege, not out of rancor but simply because money has not been available to enforce compliance with the existing leases at Kickapoo. He stated that they don' t have a lease inspector and through the Lease Holders Association they have tried to force some of the few bad apples 528 Item 10a, cont'd. into compliance through the Health Department and the Welfare Department. They both shrugged their shoulders after months and said it belonged to the City, and the City simply does not have money earmarked for compliance. Of the two leases they prefer the one presented by the Lake Study Committee in that some monies is earmarked for Lake Kickapoo. They would like to see minimal expenditures on lease compliance. An inspector could come out once or twice a month, and Dr. Miller said he would volunteer free help in pointing directions they need to go. They would do anything they could to see that compliance by those few not in compliance give us a pretty place to live. They have asked for very little, such as continued maintenance of their gravel roads and for compliance with existing leases. They have good police protection, their own fire department, water, and electricity. Dr. Miller said that if they had forced or enforced lease compliance, they would take a great step toward a really pretty community. Mayor Lam asked for his opinion regarding contracting with Archer County for road maintenance as opposed to City maintenance. Mayor Lam asked if he felt that they would receive better service at a reduced cost. Dr. Miller answered that they would from two different standpoints. Through their Association they spoke with Judge Wiley from Archer County, who agreed to submit a proposal to the City. The proposal he submitted gave them about double the coverage on the lake roads at about half the existing price. He mentioned that was controlled by County Commissioners, and people at Lake Kickapoo vote for those Commissioners and they have no vote even though it is City property. They have no vote to give them input into the City. If they were voting for people who maintain their roads they would have better roads. City Manager commented that he understood the desire to have a pledged or obligated amount, but the Staff ' s point of view that they looked at was what was a reasonable property rent. He mentioned that he doesn' t know of anywhere you could go for $385 or $480 a year and rent property and have obligations implied beyond that. That still seems to be a rather inexpensive rate. Also, there was great concern about implied obligations and that is what got us into court in the Arrowhead matter. We didn' t think a lease in any way should say that in exchange for this payment you get these services. You don' t do that for your own taxpayers in town. There is no budgeted amount set aside for everyone that pays taxes. I do not disagree with Dr. Miller in identifying two key services there. City Manager said it would be of great help to the City to have a lake inspector. I would tell you, as the budget person, that you do not want to start carving your budget up into reserved allocations. That strips from this body the flexibility you might have to use more, because you could never use less, if you got all caught up in roads. He mentioned the situation with the Arrowhead roads. All Kickapoo leases do not expire in 1994, there are still some that run, regardless of what new amount you set for the leases. If it is increased you will not see that materialize for several years. We didn' t think you should have any obligation implied or stated in this lease as to what you were going to do with money that yet is undefined. We don't know who is going to renew and we don' t want to institutionalize bad practices. As the funds come in we would want to have other services reviewed annually by the City Council as to what you are going to do with the facilities. Baxter Featherston, 4212 Piccasso, representing the Wichita Falls Association of Realtors as their Legislative Committee Chair. He said that he had read both leases and for the most part agreed with the Committee' s lease. The area the Realtors are concerned with is the lender friendly clause in the lease. He mentioned the expiration of leases at one specific time and he believed this could all be done by a computer at any given time. Regarding the use of a loan to extend a lease the verbage "these extensions are only for purchase money loans" could be 529 Item 10a, cont 'd. inserted to avoid extending the leases. Also, the verbage that anyone applying for the 10 year extension beyond the length of their mortgage that at that point they would have to agree to any new increases or changes that the City decided. Once you get a lender friendly clause in a lease where people can get VA and FHA loans, they can get conventional loans. As long as they are going to have to be sold in secondary money markets, we are going to have to conform to the rules of the secondary money markets. There is nothing that will increase the value, beauty, the utility of an area than having the property sellable. People are afraid to spend money at the lake because if they get ready to sell it they have to sell it for cash and there is a limited number of cash buyers; or they have to get into an owner finance situation, which would violate the covenants of the City lease. He asked the Council to look at the guidelines set out by the secondary money markets. Liz Miller, resident of Lake Kickapoo and member of the Lake Committee Study Group, mentioned that there were approximately 250 lots leased in the past. Approximately 200 have been leased and 50 went back to the City. There are people who want to lease those lots and that revenue could be used to improve roads. It would be economical to release those 50 leases. The Kickapoo residents would be willing to help the City in leasing those lots in any way they can. Mayor Lam suggested that the Lake Study Committee ' s lease be placed on the agenda as an action item for Council to discuss. At that time staff can point out problems they have. Councilor Hawkins commented that if loans were made lender friendly we would see a build up and an increase in tax base for Archer County, and the City could then go to them for assistance in maintaining the roads. He would like to see the rate tied to our tax rate. Rates can be set at same time as the tax rate. He would like the City to bill lessees for their rent once a year, as well as bill the lending institutions. He suggested that anything built out there should not be on concrete slab but on pier and beam. Mayor Lam said he appreciated Councilor Hawkins input but it needs to come when they discuss the lease, not today. The lease needs to be presented unadulterated as submitted by the Committee until next meeting when Council and Staff will have their input. Councilor Hughes commented that the major differences in the discussion between Staff and Committee as far as the lease term is concerned is that we as a legislative body need to think about what our long term intent of the lake is before the next meeting. You need to know how you plan to treat that lake on a long term basis before any decision can be made. How do we want to look at the long term use of the lake, do we want to have the ability for future councils to change this or do we want to make this a long term residents lease. We can think about this between now and next meeting and at that time address the details. Mayor agreed and commented that the resulting lease would reflect this Council' s feelings toward that and their philosophy whether they would have a perpetual situation out there or a situation of having another day of looking at it. Councilor Thompson stated that they should take into consideration the lessons learned from Lake Arrowhead and apply them. Mr. Thacker rose to a point of order. He stated that this committee went through this very carefully and presented an outline to Council last fall. They presumed that outline was acceptable but if Council appoints future committees they need to be given better direct-nn. It sounds like you are starting over. Mayor informed that they will receive their input as it is and go from there. City Manager commented that he and the Mayor did not interfere with the Committee in order to keep from getting in their way. Staff has met with the Committee and have 530 Item 10a, cont'd. found excellent cooperation and it has been cordial. I think they have been appreciative of our comments and we appreciate all their hard work. This is just a discussion process brought to the Council by both parties for you to make the final decision. Councilor Martin commended the Committee for their outstanding job in their study and support their recommendation to the Council but there is some fine tuning that needs to be made in the final agreement. The Committee has taken the citizens of Wichita Falls at heart in their recommendations to us and with the 50 year leasing option we will not have the problems like at Lake Arrowhead. We will have proper policing, which we did not have at Arrowhead. Councilor Hughes stated that the Committee had done a lot of hard work and that they would take their recommendations but would have to consider the points that have been expressed today and do some fine tuning in order to finish this, but not start over. Councilor Hawkins expressed his appreciation to Mr. Thacker and the Committee for their work and their recommendations. He said he was ready to put this to rest so that the people out there can know that they are going to be set and have a place to live and not have to worry in the future about whether or not another council will say that they do not really want to renew. Item 7a A proposed ordinance was presented to waive Appendix A, Subdivision Section 7 (b) ( 3 ) of the Code of Ordinances and Resolution 168-92, a Resolution approving criteria for storm water facilities, passed November 3 , 1992 with respect to construction of drainage improvements on Lot 3 , Block 1, Lake Wichita Addition. A motion was made by Councilor Hughes and seconded by Councilor Thompson for its passage. George Miller, 4801 Fairway, voiced his disapproval of the City' s request that he widen and partially concrete the drainage ditch behind his property. He felt that was asking too much of an individual for such a small piece of property. Mr. Miller informed that his intention was to obtain a final plat on the property and to sell it. Discussion ensued regarding this and the surrounding property and the different options available to Mr. Miller. Motion to pass this ordinance failed by the following vote. Ayes: None Nays: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin and Hawkins Moved by Mayor Lam that Staff be instructed, without having to bring this back to Council, to enter into an agreement with George Miller for him to dedicate an additional 5 feet of easement and issue a check to the City of Wichita Falls in the amount of $2500, that has no attachment whatever; and that they relieve him of any drainage requirements on Lot 3 , Block 1, Lake Wichita Addition. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None 531 Item 7b ORDINANCE NO. 35-94 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 PECANWAY DRIVE, ADJACENT TO—THE NORTH LINE OF TRACTS 19, 20, AND 21, PECAN GARDEN SUBDIVISION. Moved by Councilor Hawkins that Ordinance No. 35-94 be passed. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, _. Hughes, Martin, and Hawkins Nays: None Item 7c ORDINANCE NO. 36-94 ORDINANCE WAIVING SECTION 27-29 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ALONG THE NORTH LINE OF TRACTS 19, 20, AND 21, PECAN GARDEN SUBDIVISION, ADJACENT TO THE SOUTH SIDE OF PECANWAY DRIVE Moved by Councilor Hawkins that Ordinance No. 36-94 be passed. Motion seconded by Councilor Hughes and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 7d ORDINANCE NO. 37-94 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, CLOSING, VACATING, AND ABANDONING PORTIONS OF NORTH AUSTIN, NORTH TRAVIS, AND WARREN STREET; AND ALLEYS IN BLOCKS J, K, L, O, & P, R.E. MONTGOMERY SUBDIVISION, WICHITA FALLS, TEXAS, AND RESERVING CERTAIN UTILITY AND DRAINAGE EASEMENTS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Thompson that Ordinance No. 37-94 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 7e ORDINANCE NO. 38-94 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FOR ADDITIONAL GRANT REVENUE FROM THE TEXAS DEPARTMENT OF HEALTH AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME. Moved by Councilor Hughes that Ordinance No. 38-94 be passed. 532 Item 7e, cont 'd. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 7f ORDINANCE NO. 39-94 AN ORDINANCE WAIVING SECTION 5240 (A) OF THE ZONING ORDINANCE WITH RESPECT TO INTERIOR SIDE SETBACKS TO ALLOW A 9 FOOT INTERIOR SIDE SETBACK ON ALL LOTS WITHIN THE COUNTRY SQUARE 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 Thompson that Ordinance No. 39-94 be passed. Motion carried by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 7g An Ordinance was presented to waive Appendix A, Subdivision Section 9 (F) of the Code of Ordinances with respect to installation of a water main on the north side of North Village Drive adjacent to the south line of proposed Lot 1-A, Block 2, North Village Subdivision Wichita Falls, Texas, a Replat of Lot 1, Block 2 . City Attorney noted that Councilor Hawkins is the prospective purchaser and he has filed an affidavit with the City Clerk and disqualified himself. Councilor Hawkins left the Council Chambers and did not participate in the discussion nor in the vote. Moved by Councilor Thompson that this ordinance be passed. Motion seconded by Councilor Hughes. Mr. Bonnett commented that the issue was the extension of a waterline and their understanding of the existing Ordinance was that when an area is platted each and every lot must be served with a public water line. In this case Lot 1 is proposed to be broken down into Lot 1-A and Lot 1-B which would require the extension of a water line and the property owner has requested a waiver. If the lots were not divided they would not need a waiver. Motion failed by the following vote. Ayes: Councilor Loughry Nays: Mayor Lam, Councilors Mallonee, Thompson, Hughes, and Martin Councilor Hawkins returned to the Council Chambers. Item 8a RESOLUTION NO. 45-94 RESOLUTION AMENDING LEASE OF A PORTION OF WEEKS PARK TO PERMIT HORSES 533 Item 8a, cont 'd. Moved by Councilor Martin that Resolution No. 45-94 be passed. Motion seconded by Councilor Hughes and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Thompson, Hughes, Martin, and Hawkins Nays: Loughry Item 8b RESOLUTION NO. 46-94 RESOLUTION TO APPROVE LETTER OF UNDERSTANDING AND WATER CONTROL AGREEMENT FOR LAKE KEMP DAM AND RESERVOIR Moved by Councilor Thompson that Resolution No. 46-94 be passed. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 8c RESOLUTION NO. 47-94 RESOLUTION TO APPROVE 12TH AMENDMENT TO WATER PURCHASE CONTRACT WITH DEAN DALE WATER SUPPLY CORPORATION Moved by Councilor Martin that Resolution No. 47-94 be passed. Motion seconded by Councilor Hughes and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 8d RESOLUTION NO. 48-94 RESOLUTION TO APPROVE EIGHTH AMENDMENT TO WATER PURCHASE CONTRACT WITH CITY OF LAKESIDE CITY Moved by Councilor Hughes that Resolution No 48-94 be passed subject to the amount of gallons per day. Motion seconded by Councilor Mallonee. Tom McReynolds, Mayor of Lakeside City, addressed their need and made a request for an increase of more than 300,000 gallons per day, in order to allow for some growth. Moved by Councilor Hughes and seconded by Councilor Mallonee to contract to a maximum daily amount of water of 350, 000 gallons per day. Motion carried by following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None 534 Item 9a RESOLUTION NO. 49-94 RESOLUTION APPROVING THE AWARD OF BID AND A CONTRACT FOR THE LAKE ARROWHEAD SEAL COAT PROGRAM, PHASE II Moved by Councilor Hughes that Resolution No. 49-94 be passed. Motion seconded by Councilor Mallonee, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None Item 9b RESOLUTION NO. 50-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ACCEPTING BIDS FOR CERTAIN PARCELS OF EXCESS REAL PROPERTY AND AUTHORIZING THE EXECUTION OF DEEDS TO CONVEY TITLE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hughes that Resolution No. 50-94 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None The Council recessed at 10: 35 A.M. and reconvened at 10: 50 A.M. Item 10a This item was moved to the first item on the Regular Agenda. Item 10b Dean Heskett, 4402 Prince Edward, Senior Golf Services Association President, Weeks Park, requested Council ' s approval to make some needed improvements to hole #14. The Corp of Engineers have given their approval for this project. Bill Peterson, contractor, has agreed to do this project for $1500. Other costs for materials, equipment and labor would be approximately $625, for a total of $2, 125. Mr. Heskett proposed that this be funded by the City from the Week' s Park green fees paid in by Evergreen Alliance, Inc. Mayor asked that Jack Murphy and City Manager review this and bring it back to the Council with a recommendation. Chuck Dennis, representative of Planning & Zoning Commission, spoke regarding a recommendation to the Council to change City Ordinance to grant Planning & Zoning the power to approve or deny requirements that City Departments place on plats. Recommendation from the Commission is that Council instruct staff to provide Ordinance changes that would allow the Planning & Zoning Commission to pass on requirements or recommendations placed on plats by various City Departments. Those Departments could then come before the Commission and if there is a question that department and the property owner can make their presentation and a decision can be made at that time. 535 Item 10b, cont'd. Mayor suggested that this be looked into by the Staff and that they bring some solutions to the Council. He asked that representatives from the Planning & Zoning Commission be included in this process. Item 10c Councilor Loughry asked about the status of the ICET Fund projects. City Manager informed that out of the five three were still being considered, those being the bridge, the bicycle trail, and the Route Building. Dave Clark commented that it was his understanding that the State would be making a decision on the funding of these projects at the end of April. - , Councilor Loughry asked when the Moat contract had been let. City Manager replied that they were under their new contract. They took some bids three weeks ago for $15 , 000 or less. There will be another one coming up shortly and one last big one. Councilor Loughry questioned why the first two or three were rented at $10, 000 or $11,000 and this one was not. City Manager responded that it was for expediency purposes. Councilor Martin informed that Early Voting was now taking place at the Courthouse from 7: 00 a.m. to 7: 00 p.m. and at K- Mart and Target from 9: 00 a.m. to 9:00 p.m. He reported that the animal swings at Edgemere Park had been replaced for security reasons. He asked Mr. Murphy about future plans for playground equipment. Mr. Murphy responded that budget constraints only allowed for park maintenance. Councilor Hawkins asked that the erosion on the storm water retention pond at Missile Road and Selma be looked into. He said that the 4ft. -6ft. channel basin was the cause of the erosion which is located on the west side of the concrete base. Mr. Bonnett said they would check into this situation. Councilor Hawkins also requested that Mr. Bonnett look into the debris that is accumulating along the north side of Missile Road and along the plum thicket. Councilor Hawkins announced that Davenports would be reopening under a different name on the north side of town. He said this would be a convenient eating place for those using the softball complex. Councilor Hawkins asked if the signs had been put up on Plum Lake. Mr. Murphy replied that the signs had been ordered and should be received within one week. Councilor Thompson expressed the appreciation of the Eastside residents for the Council' s consideration in putting up the stop signs on the streets which were in question. He said they had improved transit in those areas. Councilor Hawkins asked Mr. Parker to see about getting the State to put in a stop bar at the intersection of Sheppard Access Road and 240, right before the entrance to S.A.F.B. , in order to alleviate right-hand lane traffic off Burk Road. Item 10d City Manager reported that a second electrical inspector had been added. He also informed that the phone parking situation was being looked into and he has been in contact with Mr. McJilton at the phone company. City Manager said that the staff had received calls from downtown merchants expressing their opinions on changing the parking and they felt it was better to leave it as it is and possibly increase parking downtown. City Manager said they were looking at the entire situation as this will affect all downtown. He will report back on this. 536 Item 10d, cont 'd. City Manager mentioned that Councilors Martin and Hawkins had talked to him about the possibility of using the City water- sewer bill as a notice to raise funds. He said this had been done before on the Library computer system. The funds would be to erect a monument on the Capitol grounds in tribute to fallen police officers. Wichita Falls has had fallen officers in the recent past. City Manager wanted to know if Council had any objections to presenting this to the public via their water- sewer bill. Donations could be collected and sent to Austin for this project. Councilor Martin said that this was a wonderful project in recognition of fallen officers who have given their lives in defense of our City. Councilor Hawkins pointed out that there was a time constraint on this project. The State Police Department has to use this land quickly or they risk losing it. He said that they really need help. Item 10e The Council went into executive session at 11: 26 a.m. as authorized by Section 551. 074 of the Government Code. The meeting reconvened at 11 : 35 a.m. Item 10f Councilor Hughes recommended that additional applications be solicited for the Firefighters and Police Officers Civil Service Commission. Moved by Councilor Hughes that the following persons be reappointed to the Tax Increment Finance Board: Joe Pistocco, Martin Litteken, and Ralph Dunkelberg. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins Nays: None The City Council adjourned at 11: 36 a.m. PASSED AND APPROVED this day of , 1994 . n� Michael Lam, Mayor ATTEST: P uA ui' ) Lydi Torres Cit Clerk . ��w.