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Min 09/07/1993 364 Wichita Falls, Texas Memorial Auditorium Building September 7, 1993 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 - Terrance E. Loughry - Angus Thompson - Councilors Paul Hughes - J. W. Martin - Harold Hawkins - James Berzina - City Manager Gregory Humbach - City Attorney The invocation was given by Gerald Bryant, First Pentecostal Church of God. Item 3 Steve Lee Colley, a Fire Department employee, was honored as Employee of the Month for September. Mayor Lam presented him with a plaque, City of Wichita Falls pin, bus tickets, check, and tickets to a dinner. Item 4 Moved by Councilor Hawkins that minutes of the meeting held August 17, 1993 , be approved. Motion seconded by Councilor Thompson, and carried unanimously. Items 5a-7e Moved by Councilor Thompson that the consent agenda be approved. 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 7 Minutes of the meetings of the following boards and commissions were received. a. Water Resources Commission, August 6, 1993 b. Board of Electrical Examiners, August 12, 1993 C. Wichita Falls Park Board, August 26, 1993 d. Wichita Falls Clean Country, August 25 , 1993 e. Lake Lots Study Committee, August 31 , 993 365 Item 8a The final public hearing on the 1993-94 Proposed Budget was presented. Mayor Lam announced that there would be no tax increase and the tax rate would remain the same. Also that a 5% across the board salary increase for all city employees would again be recommended. Mr. Berzina stated that he had been able to achieve the budget decrease and revenue increase in certain areas for a balanced budget, and with the recommended 5% across the board salary increase included. Item 8b Motion on line item within the Proposed 1993-94 Budget on which a member of the City Council has a conflict of interest. Mayor Lam asked if there was a member of the City Council who had a conflict of interest for motion on a line item within the proposed 1993-94 budget. Councilor Thompson stated that he would not participate in the discussion nor vote on the funding for Community Action Corporation, this due to him being the Executive Director of Community Action Corporation. Moved by Councilor Hughes that the 1993-94 Proposed Budget be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Hughes, Martin, and Thompson. Nays: None. Item 8c ORDINANCE AMENDING SECTIONS 17-6, 17-14, 17-17, 17-191 17-21, 17-22, AND 17-62 OF THE CODE OF ORDINANCES TO CHANGE VARIOUS DESCRIPTIONS AND SANITATIONS RATES A proposed ordinance was presented amending various sections of Chapter 17 of the Municipal Code of Ordinance relating to garbage, refuse, rubbish and trash. Mr Berzina stated that this item had two separate bills addressed in that the first bill would impose a charge at the Transfer Station and Landfill to citizens who bring trash to either locations, and the second ordinance would impose no charge at either locations but rates would be adjusted in a monthly rate charge to all citizens. Mayor Lam asked that City Council Bill #238 be addressed first. A motion was made by Councilor Loughry. Motion seconded by Councilor Hughes. Discussions by George Bonnett and David Lehfeldt as to why the Landfill is needing to be looked at more carefully in the load capacity area and possible ways to separate waste into compost waste and paper product waste. Also, a review of the large amount of paper products waste that is being taken to the Landfill. Reasons for the changes in the ordinance is due to federal mandates passed down to the City and the cost to the City of those mandates. 366 Item 8c, cont'd Council members discussed the possibility of newspaper recycling program, utilization of curb services vs. dumpster services vs. Landfill usage, and fee charges being fair to all citizens. The motion failed by the following vote. Ayes: Councilor Thompson. Nays: Mayor Lam, Councilors Mallonee, Hawki-- T'••`-'��� Martin, and Loughry. Item 8c ORDINANCE NO. 101-93 ORDINANCE AMENDING SECTIONS 17-6, 17-14, 17-17, 17-21, 17-22, AND 17-62 OF THE CODE OF ORDINAivuzz, -ly CHANGE VARIOUS DESCRIPTIONS AND SANITATIONS RATES Moved by Councilor Hughes that Ordinance No. 102-93 be passed. Motion seconded by Councilor Mallonee. Councilor Loughry made a motion for an amendment to Ordinance No. 101-93, Item #5, to have the rate charge at $10.55 for the main water meter and $7. 84 for each separate apartment on the same property, that have the same water meter. Motion seconded by Councilor Thompson, and defeated by the following vote. I Ayes: Councilor Loughry. Nays: Mayor Lam, Councilors Hawkins, Mallonee, Hughes, Martin, and Thompson. Mayor Lam requested the staff to research the suggested amendment and present it at the next council meeting. Council Bill No. 239 was passed by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Hughes, Thompson, Martin, and Hawkins. Nays: Councilor Loughry. Item 8d ORDINANCE NO. 102-93 AN ORDINANCE MAKING APPROPRIATIONS FOR THE SUPPORT, MAINTENANCE, BUILDING AND IMPROVEMENTS FOR THE CITY OF WICHITA FALLS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1993 AND ENDING SEPTEMBER 30, 1994, BOTH DATES INCLUSIVE ADOPTING THE BUDGET FIGURES AND ACCOUNTS AS PART OF SAID APPROPRIATIONS, DECLARING AN EMERGENCY Mayor Lam thanked the City Manager and City staff for presenting a good budget and for the hard work done in the preparation. Moved by Councilor Hughes that Ordinance No. 102-93 be passed. Motion seconded by Councilor Loughry. Councilor Martin made a motion for an amendment that all city employees be allowed 100% upgraded service credits. 367 Item 8d, cont'd Motion seconded by Councilor Loughry. Councilor Hawkins asked how many employees this action would affect. Mrs. Stricklin estimated that it would affect approximately 125 present city employees. Mr. Berzina stated that if this amendment would pass the needed monies would not be available because they had not been allocated for the next fiscal budget year and the monies would be high because of employees being either civil service or non- civil service. Mrs. Stricklin stated that when service credits are upgraded it effects not only the present year but also is amortized over a 25 year period. Motion to amend Ordinance No. 102-93 to a one time service credits of 100% was defeated by the following vote. Ayes: Councilors Loughry, Martin, and Hawkins. Nays: Mayor Lam, Councilors Hughes, Mallonee, and Thompson. Councilor Thompson requested Mr. Berzina to provide the City Council with information on 100% upgraded service credits at a later meeting. Mayor Lam requested the report from the past citizens group that had already conducted this research. The motion to pass City Council Bill 240 carried by the following vote. Ayes: Mayor Lam, Councilors Hawkins, Mallonee, Hughes, Loughry, Thompson, and Martin. Nays: None. Item 8e ORDINANCE NO. 103-93 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 1993-94 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 Thompson that Ordinance No. 103-93 be passed. Motion seconded by Councilor Mallonee. Penny Henderson, 4428 Prince Edward, stated she was uncertain as to whether this was the appropriate time in the agenda to inquire if the City of Wichita Falls employees life insurance has been changed in budget or to remain the same. Mr. Berzina stated that the life insurance would remain the same because a study had been conducted and none of the plans were favorable compared to what the City has at present. The motion to pass City Council Bill 241 was carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Martin, Hughes, Mallonee, Hawkins, and Thompson. Nays: None. 368 Item 9a RESOLUTION APPROVING RENEWAL AND EXTENSION OF CONTRACT FOR OPERATION AND MAINTENANCE OF JOINTLY OWNED LAKE AND CANAL SYSTEMS BY THE CITY OF WICHITA FALLS AND WICHITA COUNTY WATER IMPROVEMENT DISTRICT NO. 2 A proposed resolution was presented approving renewal and extension of contract for operation and maintenance of jointly owned lake and canal systems by the City of Wichita Falls and Wichita County Water Improvement District No. 2 . A motion was made by Councilor Thompson and seconded by Councilor Loughry. Councilor Hughes stated a concern about the contract, in particular paragraph 4 in that the District shall have full and complete control of all the operations of said jointly owned facilities. Mr. Berzina stated that the District has stated in the past that they would maintain the canal in the City the same manner as they would in the country. The District feels that to do it differently it would have two different levels of maintenance of which they don' t want to do unless the City wants to pay them extra for that portion in the City, if the City wishes it maintained at a higher standard. Councilor Loughry made a motion to table this resolution until more information is available and a representative from the District is present. Councilor Thompson seconded the motion and it passed unanimously. Mayor Lam tabled the resolution until the next City Council meeting. Item 9b RESOLUTION NO. 128-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS REAPPOINTING SUBSTITUTE JUDGE OF THE MUNICIPAL COURT FOR A TERM OF TWO YEARS; 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. 128-93 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Hughes, Loughry, Thompson, Martin, and Hawkins. Nays: None. Item 9c RESOLUTION NO. 129-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE CITY ATTORNEY TO SETTLE A PERSONAL INJURY LAWSUIT WITH GEORGE M. LOCKE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AND REQUIRED BY LAW Moved by Councilor Martin that Resolution No. 129-93 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 369 Item 9d RESOLUTION NO. 130-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS APPROVING AN UPDATE OF THE INDUSTRIAL PRETREATMENT PROGRAM AND CONFIRMING CONTINUAL FUNDING; 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. 130-93 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Mallonee, Loughry, Thompson, Hughes, Martin, and Hawkins. y Nays: None. Item 10a ORDINANCE NO. 104-93 ORDINANCE MAKING AN APPROPRIATION FROM REVENUE AND EQUITY ASSETS OF THE 1984 WATER AND SEWER BOND ISSUE (FUND 83 ) TO AN APPROPRIATE OPERATING ACCOUNT FOR THE PURPOSES OF FINDING A PORTION OF THE PRISON SEWER SYSTEM Moved by Councilor Thompson that Ordinance No. 104-93 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam and Councilors Loughry, Mallonee, Thompson, Hughes, Martin, and Hawkins. Nays: None. Item 10b ORDINANCE NO. 105-93 ORDINANCE WAIVING SECTION 22-1 (a) ( 2) OF THE CODE OF ORDINANCE TO PERMIT VEHICLES ON THE GRASS DURING AN EVENT OCTOBER 2, 1993 , IN JAYCEE PARK Moved by Councilor Martin that Ordinance No. 105-93 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Martin, Loughry, Hawkins, Thompson, Mallonee, and Hughes. Nays: None. Item 10c ORDINANCE NO. 106-93 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FROM DESIGNATED FUND BALANCE AND AUTHORIZING THE REPLENISHMENT OF FUNDS FROM UNDESIGNATED FUND BALANCE 370 Item 10c, cont'd Moved by Councilor Hughes that Ordinance No. 106-93 be , passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Mallonee, Thompson, Hughes, Martin, and Hawkins. Nays: None. Item 10d AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AMENDING CHAPTER 15 , ARTICLE I OF THE CODE OF ORDINANCES TO REGULATE THE SALE, USE, STORAGE AND MANUFACTURING OF FIREWORKS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED LAW; PROVIDING FOR PUBLICATION; PROVIDING FOR AN EFFECTIVE DATE; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH A proposed ordinance was presented amending Chapter 15, Article I, of the Fire Prevention Chapter in the regulation of fireworks. Moved by Councilor Thompson that the proposed ordinance be passed and seconded by Mayor Lam. Councilor Loughry made a motion for an amendment to add to the ordinance a paragraph to grandfather to regulate the sale, use, storage and manufacture of fireworks. Motion seconded by Councilor Hawkins. The motion failed by the following vote. Ayes: Councilors Loughry and Hawkins. Nays: Mayor Lam, Councilors Thompson, Martin, Mallonee, and Hughes. Chief James stated that the Fire Department' s main concern was the fires and injuries relating to the fires occurring next to the fireworks stands. Recommends fireworks stands be moved further back from present locations and to impose stronger penalty fines when needed. Jim Bearington, appeared to state that he had sold his fireworks stand to Mr. Bill Evans and if the stands are moved Mr. Evans would go out of business. Mr. A. Seigler, 4612 Seymour Highway, appeared to state that he leases land that has a fireworks stand on it and pays taxes from monies from the sales. Stated if changes occur he will go out of business. Don Kirkham, 3807 Yuma Trail, appeared to state that he owns fireworks stands and urges the City Council to table the issue because several owners are out of town today and should be given an opportunity to appear. He opposes the inspection fees by the City and the identification of vehicles transporting fireworks. Gene Tarter, 4214 Protho, appeared representing Jimmy Nix (father-in-law) and has property outside the city limits that has a storage facility for fireworks. States if changes occur Mr. Nix will go out of business and this is his sole income other than his retirement pension. 371 Item 10d, cont'd Bill Evans, Route 9 Box 35 , Lubbock, Texas, representative of Wayne Is Wholesale Industry, stated that if changes occur it would cause them to go out of business. He recommended a grandfathered clause and read the verbiage from the clause that he had passed out to City Council. Mayor Lam made a motion to amend Council Bill No. 249 to delete all references to movement of stands beyond the existing storage, in effect keeping in the regulations for inspection fees, fines, identification of vehicles and so forth but returning to where the City Council is today on the storage and selling of fireworks. Motion seconded by Councilor Hughes. The amended motion failed by the following vote. Ayes: Mayor Lam, Councilors Hughes and Mallonee. Nays: Councilors Loughry, Hawkins, Thompson, and Martin. A vote was taken on C1ty Council Bill 249 and failed by the following vote. Ayes: None. Nays: Mayor Lam, Councilors Hughes, Thompson, Hawkins, Loughry, Martin, and Mallonee. Item 10e ORDINANCE NO. 107-93 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 STATE HIGHWAY NO. 240 ADJACENT TO THE EAST LINE OF LOTS 1 AND 2, BLOCK 1, GREENTREE DIVISION Moved by Councilor Thompson that Ordinance No. 107-93 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Mayor Lam abstained in voting due to conflict in interest. Ayes: Councilors Mallonee, Loughry, Thompson, Hughes, Hawkins, and Martin. Nays: None. Item 10f ORDINANCE NO. 108-93 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 LAKE SHORE DRIVE, ADJACENT TO THE NORTH LINE OF LOT 1 , BLOCK 1 , PAT CARRIGAN AMERICAN LEGION POST ADDITION Moved by Councilor Loughry that Ordinance No. 108-93 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. 372 Item 10f, cont'd Ayes: Mayor Lam, Councilors Hughes, Loughry, Martin, Thompson, Hawkins, and Mallonee. Nays: None. Item lOg ORDINANCE NO. 109-93 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 REILLY ROAD, ADJACENT TO THE NORTH LINE OF GUAM ESTATES, SECTION 1 Moved by Councilor Loughry that Ordinance No. 109-93 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Hughes, Mallonee, Martin, Hawkins, Loughry, and Thompson. Nays: None. , Item 10h ORDINANCE NO. 110-93 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING APPENDIX C, SECTION 7900 OF THE CODE OF ORDINANCES CREATING A PROCEDURE FOR CITY COUNCIL APPOINTMENT OF ALTERNATE MEMBERS TO THE PLANNING AND ZONING COMMISSION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Loughry that Ordinance No. 110-93 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 F j Item 10i ORDINANCE NO. 111-93 I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REZONING 1006 THROUGH 1013 HARLAN LANE (BOTH SIDES OF THE STREET) BEING 3 . 75 ACRES DESCRIBED AS LOTS 4, 5 , 6, AND 7, BLOCK E AND LOTS 4, 5, 6, AND 7, BLOCK D, RAY MISSILE SUBDIVISION, WICHITA FALLS, TEXAS, FROM SINGLE FAMILY-2 (SF-2) TO RESIDENTIAL MIXED USE (RMU) . (CASE R-93-07) ; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Loughry that Ordinance No. 111-93 be passed. 373 Item 10i, cont'd 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 10j ORDINANCE NO. 112-93 ORDINANCE WAIVING SECTION 27-29 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ALONG THE NORTH LINE OF LOT 1, BLOCK 1, PAT CARRIGAN AMERICAN LEGION POST ADDITION ADJACENT TO THE SOUTH SIDE OF LAKE SHORE DRIVE Moved by Councilor Martin that Ordinance No. 112-93 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 10k ORDINANCE WAIVING SECTION 27-29 OF THE CODE OF ORDINANCE WITH RESPECT TO PLACING A SIDEWALK ALONG THE EAST LINE OF LOT 13-A, BLOCK 1, LOCK LOMOND ADDITION ADJACENT TO THE WEST SIDE OF BONNY DRIVE A proposed ordinance was presented waiving Section 27-29 of the Code of Ordinances with respect to placing a sidewalk along the east line of Lot 13-A, Block 1, Loch Lomond Addition adjacent to the west side of Bonny Drive. A motion was made by Councilor Martin for discussion. Motion seconded by Councilor Hawkins. Mr. Bonnett explained that the construction of sidewalks in this Loch Lomond Addition have not been started and would probably be a lengthy time period for completion. The motion failed by the following vote. Ayes: Councilor Thompson. Nays: Mayor Lam, Councilors Hawkins, Mallonee, Martin, and Hughes. The City Council recessed at 10 : 55 a.m. , and reconvened at 11:05 a.m. Councilor Martin wished Greg Humbach, City Attorney, a Happy Birthday. f 374 Item 11a RESOLUTION NO. 131-93 RESOLUTION TO AWARD BID TO BOWLES CONSTRUCTION COMPANY FOR CONSTRUCTION OF PRISON SEWER SYSTEM Moved by Councilor Thompson that Resolution No. 131-93 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 llb RESOLUTION NO. 132-93 RESOLUTION FOR THE AWARD OF BID TO ZACK BURKETT COMPANY FOR THE CDGB COUNTRY CLUB RECONSTRUCTION (PHASE II) PROJECT Moved by Councilor Loughry that Resolution No. 132-93 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Lam, Councilors Hughes, Loughry, Martin, Mallonee, Hawkins, and Thompson. Nays: None. Item llc RESOLUTION NO. 133-93 RESOLUTION FOR AWARD OF BID TO SAHARA ENTERPRISES FOR THE CDGB BEN DONNELL PLAYGROUND PROJECT Moved by Councilor Thompson that Resolution No. 133-93 be passed. Motion seconded by Councilor Hughes, and carried by the following vote. Ayes: Mayor Lam, Councilors Loughry, Hawkins, Martin, Mallonee, Thompson, and Hughes. Nays: None. Item lld Award of bid for two (2) buses to Bridges-Hemphill Enterprises,Inc. , in the amount of $135,778 . 00 . Moved by Councilor Martin that award of bid be passed. Motion seconded by Councilor Hughes. Councilor Hawkins inquired about the second bid being awarded the bid instead of the lower bid. Mr. Parker stated that the second bidder meet the bid specifications requirements and the design limits for maintenance was better. The motion carried by the following vote. 375 Item lld, cont'd Ayes: Mayor Lam, Councilors Mallonee, Hawkins, Martin, Loughry, Hughes, and Thompson. Nays: None. Item 11e Award of bid for police uniforms. Moved by Councilor Hughes that award of bid be passed. Motion seconded by Councilor Thompson. Councilor Martin inquired if these police uniforms were fire resistant. Chief Harrelson stated that he thought they probably were fire resistant but really couldn' t answer the question. The motion carried by the following vote. Ayes: Mayor Lam, Councilors Hughes, Martin, Hawkins, Loughry, Thompson, and Mallonee. Nays: None. Item 12 RESOLUTION NO. 134-93 RESOLUTION TO ACCEPT THE CDBG COUNTRY CLUB RECONSTRUCTION (PHASE I) PROJECT AND AUTHORIZE FINAL PAYMENT TO KEYSTONE CONSTRUCTION COMPANY Moved by Councilor Hughes that Resolution No. 134-93 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Lam, Councilors Hughes, Hawkins, Martin, Loughry, Thompson, and Mallonee. Nays: None. Item 13a Gordon Wallace, 3510 Copperas Cove, appeared on behalf of the Lake Lots Study Committee on Lake Kickapoo. Recommendation being the continuation of leasing of lots at Lake Kickapoo including the renewal of leases that will reach their present term. Gave appreciation to Lynda Hillery, Jim Finley and Greg Reed for their assistance. Andy Lee, 3006 Speedway, appeared on behalf of the Lake Lots Study Committee on Lake Kickapoo. Gave appreciation to City staff in providing research material requested and thanks to Mr. Wallace for his great job on the committee. Suggested that leases that were put in place in 1949-50 needed to be modified and brought up to modern date standards. That if City services were to be provided the City needed to look at it very soon since 510 of the leases will expire in December, 1994. 376 Item 13a, cont'd Bill Thacker, 1603 Mesquite, appeared on behalf of the Lake Lots Study Committee on Lake Kickapoo. He had prepared an outline instead of a lease for consideration and that it is recommended that one person be appointed to administer the lake lots. Funds received from lake lots be used primarily to maintain lake lots and roads without supplement from the City. Following his presentation of the outline of recommendations to Council a discussion continued among the City Council and Mr. Thacker on the recommendations. Baxter Featherston, 4212 Picasso, Chairman of the Legislative Committee Wichita Falls Board of Realtors, appeared to discuss the lender friendly portion of the lease. He advised that if the Association of Realtors are going to provide lender friendly clauses they are going to have to conform to the Fannie Mae Bill. Mayor Lam stated the staff will review the recommendations, the City Council will review the recommendations and the Committee should continue with the Lake Arrowhead study. Item 13b Chuck Dennis, 1108 Turtle Creek, appeared to discuss the Water Main Extension Ordinance. Property owners who did not ask for water main extension and who do not plan to tie onto that extension but are asked to pay an assessment fee. Mr. Dennis is planning to build on land at a location where water main extension exists and is requesting that they not have to pay the assessment fee because the City upgraded the line due to a business decision. George Bonnett stated that the ordinance requires each and every property to pay for frontage. The system is the main line for water and sewage, extensions are created for break downs, add-ons for customers, fire systems and so-on. Sherry Dena, HC51, Box 64B, Henrietta, Texas, 76365, appeared to request how she could get her lease back but can't afford the payment due. Stated that she had understood from her husband that the lease had been paid but has just recently found out that he did not pay the lease, and that he has walked out on his family and she is trying to solve all problems being faced by her now. Mayor Lam informed Mrs. Dena that the City inspections department would go to her home to inspect it and then everyone would go from there. Councilor Martin announced Sunday, October 10, 1993 , Octoberfest Umpah Band from Germany would perform at Lucy Park and encouraged the public to attend. Councilor Loughry announced the Mayors Commission on Status of Women is short on members and appealed to the community to sign up for this commission. Councilor Loughry stated that the street locations of Lawrence Road from Kell to York have been repaired nicely but that a dip now exists on the corners of Alabama and Lawrence Road and recommends a dip sign be placed near the location. Councilor Loughry stated that the City Council agendas need to be given out earlier, preferably on Thursdays, to preview items earlier. 377 Councilor Loughry stated that he observed that on Harding Street by Holiday Creek, the manholes have six to seven bumper blocks sitting on top of them. Mr. Bonnett stated that was part of the approved change on the internal-external manhole clam to counteract the floatation. Mr. Berzina stated there were no staff/council reports to submit. Councilor Hawkins requested to know why a pictured identification is needed to put up a water deposit, and why doesn't the City accept early lake lease lot payments. Mr. Berzina stated he would look into the first request and get back to Councilor Hawkins with the information. Mr. Berzina stated that early acceptance of lake lease lots payment is not done in order to validate who is leasing the lake lot at the present time of the renewal. Item 13e The City Council recessed into executive session at 12: 20 p.m. according to Article 6252-17, Section 2(g) , V.A.C.S. The meeting reconvened at 1: 30 p.m. Item 13f Moved by Councilor Hughes that Valda Jones and Al Sutro be appointed to the Library Advisory Board. Ms. Jones ' term to expire 06/30/94 and Mr. Sutro' s term to expire 06/30/96 and that Lynn Goodgin be appointed Library Advisory Board Chairman. Motion seconded by Councilor Mallonee and carried unanimously. Item 13g Moved by Councilor Hughes that Mr. Sheryl Goss and Mrs. C.O. Morgan be appointed as Alternates to the Planning and Zoning Commission. Alternate #1 is Mr. Sheryl Goss and Alternate #2 is Mrs. C.O. Morgan. Motion seconded by Councilor Thompson, and carried unanimously. Item 13h Moved by Councilor Hughes that Dick Manahan and Don Graham be appointed to the vacancies of the Lake Wichita Study Committee. Ms. Dee Ann Martin of the committee be appointed Chairman. Motion seconded by Councilor Hawkins, and carried unanimously. 378 The City Council meeting adjourned at 2: 22 p.m. PASSED AND APPROVED this day of �- 1993 . Michael Lam, Mayor ATTEST: f. Jan rick in Acting City Clerk