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Min 10/03/1995 1 Wichita Falls, Texas Memorial Auditorium Building October 3 , 1995 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 : Angus Thompson - Mayor Pro Tem Don Johnston - Councilors Dan Shine - Bill Daniel - J. W. Martin - Harold Hawkins - James Berzina - City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk Mayor Pro Tem Thompson called the meeting to order. Invocation was given by Rev. Tommy Smith, Sunnyside Baptist Church. Item 3a Terry Points, Parks Department, was honored as Employee of the Month. Mayor Pro Tem Thompson presented him with a plaque, City pin, theatre and transit tickets, dinner for two, and a check. Item 3b Mayor Pro Tem Thompson recognized the Wichita Falls Police Department Motor Cycle Unit, who competed in the East Coast Motorcycle Rodeo in Washington, D. C. Mayor Pro Tem congratulated them for representing the City of Wichita Falls in such an impressive manner. Chief Harrelson commended his officers for sweeping the competition of over one hundred officers and bringing home first and second place trophies in numerous divisions of competition. Mayor Pro Tem proclaimed the month of October as Crime Prevention Awareness Month in Wichita Falls . He commended Officers Artie Woods, Roy Wilson and Carolyn Barryman for the outstanding job which they are doing of educating the children of our schools and the citizens of our City. Mayor Pro Tem proclaimed October, 1995 as Fire Prevention Month in Wichita Falls . He applauded the efforts of the Fire Department and encouraged Fire Marshal Eddie Stahr and the Department to continue the excellent job. Item 4a Moved by Councilor Shine that the minutes of the September 19, 1995 meeting be approved. 2 Item 4a, cont' d. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Pro Tem Thompson, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays : None Items 5a-7b Councilor Hawkins requested that Item 6a be brought down to the regular agenda for discussion. Moved by Councilor Shine that the Consent Agenda be approved with the deletion of Item 6a. Motion seconded by Councilor Martin and carried by the following vote . Ayes : Mayor Pro Tem Thompson, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays : None Item 5a RESOLUTION NO. 162-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REAPPOINTING SUBSTITUTE JUDGE OF THE MUNICIPAL COURT FOR A TERM OF TWO YEARS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Items 7a-7b Minutes of the meetings of the following boards and commissions were received. a. Board of Electrical Examiners, September 14 , 1995 b. Planning and Zoning Commission, September 15, 1995 Item 6a RESOLUTION NO. 163-95 RESOLUTION TO AWARD BID TO BADGER METER COMPANY AND KENT METERS, INC. FOR ANNUAL SUPPLY OF WATER METERS Moved by Councilor Shine that Resolution No . 163-95 be passed. Motion seconded by Councilor Martin. Councilor Hawkins questioned if the same rationale shouldn' t be used in the bidder selection since the Kent Meter bid for the 1" disc meter was only $1 . 16 higher than the Badger Meter. He suggested purchasing the Kent Meters . Mr. Bonnett replied that if that was done they would be shifting apparent low bidder; it would shift from one bidder to another. Moved by Councilor Hawkins that the original motion be amended with the change that the Kent 1" disc meters, be accepted over the Badger 1" polycase meter. Motion died for a lack of a second. Original motion carried by the following vote . 3 Item 6a, cont' d. Ayes : Mayor Pro Tem Thompson, Councilors Johnston, Shine, Daniel, and Martin Nays : Councilor Hawkins City Manager requested that the Agenda be altered to allow several persons to address the Kemp Library. Carroll Wilson, spokesperson for a group who discussed the situation of the Kemp Library, requested that the Library issue be brought back up and that a task force present recommendations to the City Council . He presented a report with charts which will be distributed later to the Council . Mayor Pro Tem commented that the Council was aware that the Library needed to be improved and they were supportive of this concept . We need to have our citizens behind some position, it is difficult to move forward when there are fifteen different groups moving in that many directions . We want to save our Library stock and we are interested in upgrading the Library. He said that it will be put on the agenda as soon as possible . Item 8a ORDINANCE NO. 107-95 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 SHEPPARD ACCESS ROAD, ADJACENT TO THE EAST LINE OF LOT 1, I SOLITAIRE ADDITION Moved by Councilor Martin that Ordinance No. 107-95 be passed. Motion seconded by Councilor Daniel and carried by the following vote . Ayes : Mayor Pro Tem Thompson, Councilors Johnston, Shine, Daniel, Martin, and Hawkins . Nays : None Item 8b ORDINANCE NO. 108-95 ORDINANCE REZONING PART OF LOTS 4 , 5, 11 & 12 , BLOCK 3 ; PART OF LOTS 7 & 8; AND ALL OF LOTS 6 & 9A, BLOCK 4 , J.W. THOMAS ADDITION (3504-3608 KELL BLVD. AND 3010 LAWRENCE ROAD) FROM LIMITED COMMERCIAL TO GENERAL COMMERCIAL CONDITIONAL ZONING (GC{c) ) ; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Shine that Ordinance No. 108-95 be passed. Motion seconded by Councilor Daniel Mr. Clark informed that this had been approved by the Planning and Zoning Commission. Motion carried by the following vote . 4 Item 8b cont' d Ayes : Mayor Pro Tem Thompson, Councilors Johnston, Shine, Daniel, Martin, and Hawkins . Nays : None Item 8c ORDINANCE NO. 109-95 I ORDINANCE REZONING AN 8 . 39 ACRE TRACT OF LAND OUT OF ,< BLOCKS 5 & 8, DENTON COUNTY SCHOOL LAND, A-58 (5301 SEYMOUR HIGHWAY) AND ALSO BEING A PORTION OF WESTMORELAND PARK AND ADJACENT PROPERTIES FROM SINGLE FAMILY-2 RESIDENTIAL TO MULTIFAMILY RESIDENTIAL (CASE R 95-15) ; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Ordinance No. 109-95 be passed. Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Pro Tem Thompson, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays : None Item 8d A proposed ordinance was presented waiving Section 27-30 of the Code of Ordinances with respect to placing sidewalk around the perimeter of Lot 1, Block 18 and along the north side of Lot 8, Block 1, Lake Wellington Estates, Phase I . Moved by Councilor Martin that proposed ordinance be passed. Motion seconded by Councilor Hawkins . Robert Seabury, Developer, 2021 Clarinda, stated that this is a park that they are constructing at Lake Wellington Estates . He said that they were building a sidewalk along Lake Wellington Parkway. They do not believe sidewalks are needed around the perimeter as requested by Staff, because there will be plenty of sidewalks . He compared it to the park across from Ben Franklin School which does not have a sidewalk around the perimeter. Regarding Lot 8 , Block 1, Mr. Seabury said that Staff had requested a sidewalk along that lot because they were not aware he was planning to construct a community center there . At that time they will build the sidewalk, but requested that it be waived for the time being. Councilor Martin was concerned that if it was waived now and developer decided not to put in the sidewalk, Council would not have a recourse . Councilor Hawkins mentioned the distance being considered and said it was a major waiver. He said that it would be better to put in the sidewalks because of the children who i would be using the park and people would be walking in the area. Mr. Seabury stated that there would be sidewalks across the street . Councilor Daniel suggested having two separate requests instead of one . Mr. Seabury suggested several options . Mayor Pro Tem stated that if Mr. Seabury was wanting to amend his request it should be tabled and he needs to get with the Community Development Department . When everything has been prepared it can be brought back to the Council . 5 Item 8d, cont' d. Moved by Councilor Martin that proposed ordinance be tabled. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Pro Tem Thompson, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays : None Item 9a RESOLUTION NO. 164-95 RESOLUTION TO APPROVE ENGINEERING CONTRACT WITH BIGGS AND MATHEWS INC. FOR ENGINEERING SERVICES RELATED TO PHASE I SEWER REHABILITATION IMPROVEMENTS AND SOUTHWEST SEWER INTERCEPTOR RELIEF Moved by Councilor Martin that Resolution No. 164-95 be passed. Motion seconded by Councilor Shine . Councilor Hawkins asked about payments to TNRCC and the fact that the second bill is for less money but requires a larger payment . Mr. Bonnett responded that that was a part of the requirement for the loan and a function of the complexity of the environmental assessment . One is less complex than the other. Mr. Bonnett said they were prepared to present a report on the status of the SSES. Councilor Hawkins asked why they were using two different firms . Mr. Bonnett replied that they are two separate projects . One is a distinct project which is the Arizona Main. This one is the first phase of the rehabilitation and there will be two more phases in subsequent contracts and years . In addition, it provides for the beginnings of the southwest reliever. You have three distinct items with which you will be dealing. Councilor Hawkins asked if the lift station goes to the Arizona Main. Mr. Bonnett replied that the lift station could be built, but could not be activated until the Arizona line was in because it is close to 920-. capacity. We would have to get additional capacity for the Arizona Main before we could activate that lift station. Mr. Bonnett said that these projects were tied together, however, they were separable and distinct in design. We are using two firms in order to work on them concurrently. He said if the projects were tied together it would slow the process down, and they are under a very tight time frame . Staff presented the following status report on the SSES . Mr. Bonnett gave an overview on the SSES . Council is aware of where we are on the SSES . We are looking for Council' s acceptance of the report and permission to forward the report to EPA. Also, we are asking for Council' s concurrence to establish a meeting with EPA management to review the report with them to gain their concurrence so they can move forward with the Administrative Order. Councilor Daniel asked if approval of the two resolutions for preliminary engineering was tantamount to assuming that EPA was going to accept our recommendations . Mr. Bonnett replied that he was correct . He added that they saw these two projects as independent and they are going to be required regardless of any discussion with EPA. The only thing that might be affected are the other five projects, however, we do not see the discussion with EPA directly involved with these two projects . 6 Item 9a, cont' d. Kerry Maroney, Biggs and Matthews, Inc . , gave a final report on the SSES . He informed that the City has extraneous water entering in the system. It is not uncommon for you to treat an additional 25 million gallons of water during wet weather flow, driving your plant close to 40 million gallons in wet weather. Dry weather flow averages daily of 12-13 million gallons . Under EPA Administrative Order we have done an extensive evaluation of your system through five tasks : flow monitoring, smoke testing, physical inspection, model analysis and flow isolation. Mr. Maroney detailed the different methods . He said they then developed the model system and the City has a copy, and , different storm events can be put in to analyze the system. They analyzed the system based on a 3 . 65 inch rainfall, which has been received here three times within the past ten years . They feel this is a reasonable level of protection and are prepared to defend it to EPA. Their final recommendation, which was submitted to Council, was based on that analysis . Mr. Maroney continued stating that dry weather capacity problems do exist even without rainfall and will need to be addressed. However, dry weather flows are conveyed to the treatment plant without overflows . Wet weather in-flows entering defective portions of the system do impact the system and cause sanitary sewer overflows . We get large rain events and the system overflows, and that is what EPA wants stopped. Mr. Maroney reported that the City should initiate and outline as in the study report an aggressive and comprehensive rehabilitation repair program in an attempt to reduce the wet weather in-flow by 400 . The best you will be able to do is 400-. and that is going after those documented defects . Sanitary sewer overflows cannot be eliminated by system rehabilitation repair alone . It will take a combination of solutions . All recommended collection system rehabilitation repair should be completed throughout the system by December 1999 . Flow" monitoring should be conducted periodically throughout the rehabilitation to assess and document the success of the program. As we rehabilitate those areas in the different phases, we would like to flow monitor to make sure that we did eliminate the 400-o for which we are striving. All recommended collection system expansion relief lines should be completed by December 2005 . City should continue their recently initiated collection system flushing and cleaning program so that the complete system is cleaned every four years . Mr. Maroney provided the following information. In order to delete the 40%, we recommend doing this in three distinct phases . He explained the three phase program. He said that they phased so that it coincides with dry weather problems that the City already has and trying to get rid of what wet weather flow comes in there . First phase, they recommend the Barnett Rd. and Southwest Parkway area. Also, a part of that will be along the Southwest Parkway area and the Melody Lane overflows . Rehabilitation area is along the Arizona Trunk Main and would be addressed. We want to address the rehab project along with the expansion of the Certainteed and Arizona Trunk Main simultaneously. Phase Two would pick up south of the river and along the downtown area and the northern part of the City. Phase Three will be along Kell and east and west of Kemp and the eastern portion of Henry Grace Freeway. All with the intent and purpose to reduce by 40% the inflow. Once we go through the rehabilitation project, that will tie into the expansion project . We have six expansion projects . One is Certainteed and another is the Arizona Main which are tied together and will be done simultaneously. There is a time problem on those two projects . Downtown, Old Iowa Park Road and the north side trunk main are other projects . The three rehab projects are staggered as much as possible without costing the City money on the front end and not causing a dramatic disruption in the City. There will be a disruption on the rehabilitation project but we have tried to minimize it . We hope to be finished with the rehabilitation program and what we are going to present to EPA in December, 1999 . Also, we know we have two dry weather 7 Item 9a, cont' d. flow problems which need expansion at the same time . These are the Arizona Trunk Main and the Southwest Reliever. They both need to start at the same time and be completed at the same time, along with the first rehabilitation phase of the project . Within four years we hope to be finished with all the rehabilitation and the Arizona Main and the Southwest Reliever. The cost will be approximately $14 million in the first four years to get through that program. The remainder of the projects are staggered taking about 14-20 months and spending an additional $11 million for a total of $25 million over a ten year period. Point of discussion with EPA will be the time frame . If they accelerate this program, for each year it will cost you an additional 5-80 . The accelerated program will have the same end results but it will cost you an additional $2-$3 million. Councilor Thompson wanted to know the percentage of in-flow on the 3 phases . Mr. Maroney replied that it is split evenly. 30% of the inflow is coming from manholes, 3o from main lines and 27°s from private service connections, which will not be addressed by us . It is going to be pretty close to being split in thirds . The question was called on Resolution No. 164-95 . Motion carried by the following vote . Ayes : Mayor Pro Tem Thompson, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays : None Item 9b RESOLUTION NO. 165-95 RESOLUTION TO APPROVE CONTRACT WITH CORLETT, PROBST AND BOYD, INC. FOR ENGINEERING SERVICES RELATED TO REPLACEMENT OF A MAJOR SANITARY SEWER TRUNK LINE Moved by Councilor Shine that Resolution No. 165-95 be passed. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Pro Tem Thompson, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays : None Item 9c RESOLUTION NO. 166-95 RESOLUTION AUTHORIZING THE SALE OF PORTIONS OF A CLOSED IRRIGATION DITCH ON 26TH STREET TO THE ADJACENT PROPERTY OWNERS AND AUTHORIZING THE MAYOR TO EXECUTE THE QUIT CLAIM DEEDS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Daniel that Resolution No. 166-95 be passed. Motion seconded by Councilor Martin and carried by the following vote . 8 Item 9c cont' d Ayes : Mayor Pro Tem Thompson, Councilors Johnston, Shine Daniel, Martin, and Hawkins Nays : None Item 9d RESOLUTION NO. 167-95 . RESOLUTION REJECTING THE BID ON CDBG TRAVIS STREET . . DRAINAGE PROJECT Moved by Councilor Shine that Resolution No. 167-95 be passed. Motion seconded by Councilor Johnston. Mr. Bonnett explained that this was a fairly small CDBG project . Engineering' s estimate was $29, 000 ; budget was $30 , OOO ;and bid was $43 , 322 . There was only one bidder even though 60 notices were sent out . With the bidding climate today there is a lot of work out there and this project is just too small to get the attention. We are recommending rejection of the bid. Motion carried by the following vote . Ayes : Mayor Pro Tem Thompson, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays : None f Item 9e "- RESOLUTION NO. 168-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO AMEND A PREVIOUSLY APPROVED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONTRACT WITH NORTH CENTRAL TEXAS COMMUNITY HEALTH CARE CENTER (NCTCHCC) ; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Johnston that Resolution No. 168-95 be passed. Motion seconded by Councilor Martin. Mr. Clark explained that the North Central Texas Community Health Care Center (NCTCHCC) had received a block grant last year to renovate the Travis Elementary School into the health care facility. They had a commitment from the County and have been seeking additional funding to complete the necessary amount . They are now requesting an extension to seek those funds . Staff' s concern is the limitation of additional time to receive that funding. We feel that they need to make a commitment in a shorter amount of time to have that funding in place to complete that project . Phyllis Hiraki, NCTCHCC, 400 3rd St . , expressed appreciation to the Council for the CDBG received last October. We are actively seeking the funds in order to begin the renovation at the School . We asked for a two year extension but any time extension you give us will be appreciated. In one year we have serviced over 1700 individuals who are medically underserved. Repeated services have served over 7000, and we have increased provider staff to three . We ask for the extended time to continue working with lending institutions to get the remaining balance to renovate the School . 9 Item 9e, cont' d. Councilor Hawkins asked if the County needed to give them an extension also. Mrs . Hiraki said they did not . Staff recommended giving a one year extension. Moved by Councilor Hawkins to amend the original motion by offering a one year extension. Motion seconded by Councilor Johnston. Mr. Clark suggested that Council consider a date by which funds must be secured, such as December 31, 1995 with the completion extension to September 30 , 1996 . That would give the one year extension. Councilor Hawkins suggested March 31, 1996 , allowing them six months to raise the funds . Moved by Councilor Hawkins to amend his amendment by allowing the date by which funds must be secured as March 31, 1996 with a completion extension date of September 30 , 1996 . Motion seconded by Councilor Johnston. Mr. Clark informed that after March 31, 1996 Council would have the option to reallocate funds at that time or wait until Council normally allocates funds . With that kind of extension there may be a need to extend it again during the construction process . He will report back to Council in March, 1996 . Motion carried by the following vote . Ayes : Mayor Pro Tem Thompson, Councilors Johnston, Shine, Daniel, Martin, and Hawkins . Nays : None . Mayor Pro Tem Thompson called for a vote on the original motion as amended. Motion carried by the following vote . Ayes : Mayor Pro Tem Thompson, Councilors Johnston, SHine, Daniel, Martin, and Hawkins Nays : None Item 9f RESOLUTION NO. 169-95 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS WITH SEVERAL COMMUNITY SERVICE ORGANIZATIONS AND ORGANIZATIONS THAT PROMOTE THE CONVENTION AND TOURISM INDUSTRY Moved by Councilor Hawkins that Resolution No. 169-95 be passed with the exception of the Community Action Corporation of Wichita Falls and North Texas Area (Meals-on-Wheels and Neighborhood Action Groups) contract . Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Pro Tem Thompson, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays : None Mayor Pro Tem Thompson relinquished the Chair to Councilor Martin to preside over the Community Action Corporation Contract . 10 Item 9f, cont' d. Mayor Pro Tem Thompson did not participate in this discussion or vote on this item. Councilor Martin asked for a motion and second on the Community Action Corporation Contract (Meal-on-Wheels and Neighborhood Action Groups) . Moved by Councilor Hawkins that the City Manager be authorized to execute the contract with Community Action Corporation of Wichita Falls and North Texas Area (Meals-on- gi Wheels and Neighborhood Action Groups) . Motion seconded by Councilor Shine and carried by the following vote . Ayes : Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays : None Abstention: Mayor Pro Tem Thompson Item 10a RESOLUTION NO. 170-95 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 1 TO THE CONTRACT WITH INMAN CONSTRUCTION COMPANY. Moved by Councilor Martin that Resolution No. 170-95 be passed. Motion seconded by Councilor Daniel and carried by the following vote . Ayes : Mayor Pro Tem Thompson, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays : None Item lla RESOLUTION NO. 171-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT ON BEHALF OF THE CITY OF WICHITA FALLS, IN CONJUNCTION WITH WICHITA COUNTY, FOR THE PURCHASE OF AN ADDITIONAL 100 ANIMAL STALLS FROM W-W MANUFACTURING COMPANY, INC. , FOR THE J.S . BRIDWELL AGRICULTURAL CENTER OF THE MULTI-PURPOSE EVENTS CENTER; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Shine that Resolution No . 171-95 be passed. Motion seconded by Councilor Martin and carried by the following vote . Ayes : Mayor Pro Tem Thompson, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays : None 11 Item llb A proposed resolution was presented accepting bid for oil, gas and mineral lease on land out of the R. Carson Survey No. 74, Abstract 108; and R. Carson Survey No. 173 , Abstract 107 . City Manager commented that this was before the Council in August, and there was a Council member absent which did not allow for the full availability of the Council vote . The vote was 3-3 . It is back before you today and there is still one Council member absent . Councilor Martin said that in all fairness to Mr. Godwin, the bidder, there is a 3-3 vote possibility and we should wait until we can have a full Council . Moved by Councilor Martin that proposed resolution be tabled until next Council meeting. Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Pro Tem Thompson, Councilors Johnston, Shine, Daniel, Martin, and Hawkins . Nays : None Item llc RESOLUTION NO. 172-95 RESOLUTION AUTHORIZING A CONTRACT WITH DAVIS ELECTRIC COMPANY FOR THE INSTALLATION OF TELECOMMUNICATIONS WIRING SYSTEMS FOR THE EXHIBIT HALL OF THE MULTI- PURPOSE EVENTS CENTER Moved by Councilor Shine that Resolution No. 172-95 be passed. Motion seconded by Councilor Martin. Kay Yeager, 2111 Avondale, informed that this is the wiring for the Exhibit Hall for the telephone and computer systems . It is just running the wires in the conduit that is provided in the electrical contract for the Exhibit Hall . We feel it will not require maintenance . Motion carried by the following vote . Ayes : Mayor Pro Tem Thompson, Councilors Johnston, Shine, Daniel, Martin, and Hawkins Nays : None Item 12a Moved by Councilor Martin to approve Option 2 of the final design concept for Call Field Road between Kemp and Lawrence . Motion seconded by Councilor Shine . Councilor Johnston stated that he had signed a conflict of interest affidavit and said he would not participate in the discussion or vote on this item. Councilor Daniel asked if in the near future Mr. Bonnett could provide Council with direction on the Maplewood extension realizing that is not a reliever for Call Field and does not alleviate the problem. Mr. Bonnett replied that they could prepare a briefing memo with some of their thoughts and present to the Council . 12 Item 12a, cont'd. Councilor Daniel commented that we need to state that the least expensive solution to the traffic solution on Call Field as far as moving the cars might be to put a divider down those four lanes and eliminating left turns along that artery. However, we recognize there are certain expectations from retailers along that street and they are reasonable . It appears we are going to make the decision to spend more money to accommodate left turns to make it a more enjoyable situation. We need to recognize the fact that we are making a decision to spend more money to accomplish that . Motion carried by the following vote . Ayes : Mayor Pro Tem Thompson, Councilors Shine, Daniel, Martin, and Hawkins Nays : None Abstention: Councilor Johnston Item 12b Vanessa Cutter, 4611 Summitt, said she was not aware that there was a semi-organized library group. She has been a resident since 1968 and wanted to give Council feed back on what she saw on her vacation in Wichita, Kansas . She was concerned about the Kemp Library situation and asked that it be looked into. She suggested that warehouse space be allocated for the Library to store books which were donated. She asked that Council give thought and consideration into what could be done to alleviate the Library crises . Councilor Daniel commented that in the past there had been a K recommendation to rehab the downtown Library and provide branches but the problem was funding. It has now been put in Council' s lap , because of a crises . The question is still going to be one of funding. Irene Lambert, 1609 Burlington, asked the Council to consider how important a public library is . We have gone backwards in regards to the library. Our City needs a commitment from the Council to do something about the Library and to put it in a place where it will not be damaged further. We need a place where materials will not be damaged irreparably. We need a committee or task force to plan how this can be done . Something needs to be done as soon as possible . She asked that Council commit to using the Activity Center when space becomes available . City Manager commented that Mrs . Lambert asked for a commitment from Council, and at some point they will have to give one . But after that happens there will need to be a commitment from the citizens . What could happen could easily fall into a discussion and a debate which would kill the issue when you start talking funding and locations . There is going to have to be some give and take on everyone' s part to get us where there is not the diversity of solutions that would wreck this issue . It is going to call for the public to be committed to the decision made by the Council . It is not going to be the best decision in everybody' s eyes, but it is going to be the best decision as they see it for the community. It is not going to overcome personal preferences . That is the key to the whole issue . Councilor Martin agreed with City Manager and said that there needed to be a consensus of opinion from the public regarding location. The defeat of the half cents sales tax set this City back ten years . The Library was a high priority, but it was voted down. If we had that half cent sales tax we could have done many things for our City that we cannot do now because of a lack of funds . We must be able to find the funds . Mayor Pro Tem commented that Council values reading and values the Library. He hopes Council will look at the Activity 13 Item 12b, cont' d. Center as it is vacated as a main library and try to develop some branches . He hoped that the citizens would come together and not have the division cities have on this subject . Council will provide the leadership. Council realizes the need to have a literate populace . We need to improve, organize and bring the necessary things to provide an adequate library for all . Councilor Martin commented that visitors marvel at the change in the City and the quality of life which has been established, and we will continue to work toward improving it . Mrs . Cutter stated that she was mostly concerned with working with what the City has . She thinks we can work with what we have with cooperation and do what needs to be done . She is not asking for new funding, we have other options . Councilor Johnston asked for a copy of the report from the last Library Committee . Also, he asked about the structural soundness of the Library. Mr. Bonnett replied that they have looked at it as well as a structural consulting engineer and there is not a structural problem, but a maintenance problem. City Manager informed that the second floor cannot be fully loaded with books and we are not fully loading it . Item llb Councilor Daniel suggested using the original Library committee and asking the community to be our consultants to look at this issue and provide us with some definite recommendations . At which time, the Council will make the decisions . He felt a decision could not be made right now, they want to make sure the decision is right for the community. Councilor Daniel requested that City Manager give an overall look at the area of mowing liens and abandoned property and see if there needs to be action taken by Council . He asked that City Manager give a recommendation on this . Councilor Daniel said he would like to have developed with regard to these properties, the same approach as is used with the hazardous structures . Council asked that Staff let them know what they can do and to provide more input to assist the Council in making more logical and better decisions for the City. Councilor Daniel suggested to Mrs . Kay Yeager that MPEC Board provide public relations to bring the community up to date, such as quarterly progress reports on the buildings and financial information. Councilor Hawkins expressed appreciation to the State of Texas for the work at the egress point of Missile Road off I-44 , and reminded the citizens that work crews will be in that area . Councilor Hawkins asked about the dog problem at the Agriculture Center area. Mr. Edmonson replied that they are on top of it and will continue to work to get that matter under control . Councilor Hawkins asked what could be done about the situation where dog owners allow their dogs to defecate on the school grounds . Mr. Edmonson replied that it is pet ownership responsibility. Councilor Hawkins suggested that the leash ordinance be reviewed with possibility of strengthening the responsibility to increase the fines for someone who is caught . Mr. Edmonson will look into this . Councilor Hawkins asked about the MPEC accounting information. City Manager replied that it should be ready very soon. Councilor Hawkins asked if City Manager had an accounting in place for the time put in at MPEC. City Manager said that if we are performing a service we are billing direct . We are not billing for City Manager, Personnel Director and Don Burkman. If the City is incurring a loss to something that is not contributory to the City' s purpose then we bill MPEC. Councilor 14 Item llb, cont' d. Hawkins said that he wanted to insure that we would not use general revenue funds to support the MPEC, as promised to the citizens . Councilor Hawkins asked about hiring a consultant to prepare a study and make a recommendation on the location of the library. City Manager said that there had been a study done by an outside agency on which location sites were recommended. He suggested that if the Library Committee is reactivated that they study the old study and see if something different is needed. Councilor Hawkins stated that the Council was not remiss in taking a leadership role in the Library issue . Council held public meetings and offered information on the half cents sales tax in order to have the funds for the Library and other projects . It was a list of plans and almost a 25 year plan to help our city grow. He asked that people interested in the Library get involved and take a leadership role in their neighborhoods to promote the half cents sales tax in order to have the funds to carry out the necessary work in our City. He asked that they be supportive of their Council . Councilor Thompson expressed appreciation to the Council for their patience with him and for their cooperation during this morning' s meeting. Councilor Thompson asked Mr. Bonnett to look at buildings on 7th Street which were having sewage backing up . Councilor Thompson will give locations of the buildings and Mr. Bonnett will look into this matter. Councilor Thompson referred to the Library and said that he and his family have a great fondness for the Library. He hoped that we could all come together and move forward on this issue . .,, He hoped that this second time around the citizens will stand behind the Council in support of their decision. Item 12d Mr. Bonnett asked for concurrence from the Council that their consensus was for Staff to forward the report to EPA and work with the three Council members to set up a meeting with EPA. Council approved. Item 12e City Council went into executive session at 11 : 15 a.m. as authorized by Section 551 . 074 of the Government Code . City Council reconvened at 11 : 28 a.m. Item 12f No appointments were made . The City Council adjourned at 11 : 29 a .m. PASSED AND APPROVED this 1`14� day of 00 1 b , Michael Lam, Mayor ATTEST: ydJ. Torre CityJ Clerk