Board hears marina code and lease update, later recommends settlement resolution in AFFF litigation

Rick Schaffer and code/permitting staff briefed the board on the Lake Weatherford Marina lease and recent compliance work. Schaffer said the original lease dates to 2003 and was amended in 2004 and 2010 to adjust construction timing and payment terms; under the contract the lessee was to provide boat slips, beach, fueling/loading docks, a restaurant, convenience store and bait shop, among other items, and payment terms included 3% of gross receipts during the first 20-year term, rising to 5% thereafter with a $500 monthly minimum.

Code/permitting staffer Kintner reported the city has worked with the current property owners since 2021 on issues including a dilapidated fence (now repaired), paint and other maintenance; some desired improvements remain unpermitted and unfinished, and staff said certain cosmetic fixes had been completed without permits. Board members pressed about condition and whether unused buildings were part of the lease; staff said the repair shop had little business and that any new proposals must come back to the utility board for approval.

Shortly after the marina discussion the board recessed to an executive session for attorney consultation on pending or contemplated litigation and certain public power competitive matters. After returning to open session, a board member moved that the municipal utility board recommend the city council adopt Resolution R2000And24Dash20 to accept the proposed settlement agreements with Tyco and BASF and any potential future settlement agreements relating to Aqueous Film Forming Foam (AFFF) products liability litigation. The motion (moved as stated by Hester and seconded by Heidi Wilder) passed and the board forwarded the recommendation to council.