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Min 10/17/1995 15 Wichita Falls,Texas Memorial Auditorium Building October 17, 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 : Michael Lam - Mayor Don Johnston - Councilors Dan Shine - Angus Thompson - Bill Daniel - J. W. Martin - Harold Hawkins - Jim Berzina - City Manager Bill Sullivan - Assistant City Attorney Lydia Torres - City Clerk Mayor Lam called the meeting to order. The invocation was given by Rev. Dennis Wilkinson, Floral Heights United Methodist Church. Mayor Lam proclaimed October 16 through 21, 1995 as "National Business Women' s Week" and commended the local organization, Metropolitan BPW, for their efforts in our community. Noel Filer, President of Metropolitan BPW, expressed appreciation on behalf of the seventy-five members for the recognition of working women' s contributions to Wichita Falls . Mayor Lam proclaimed "A Texas Holiday" as the official Christmas ornament for the City of Wichita Falls for 1995 , and he encouraged all citizens to purchase this item to benefit the North Texas Rehab Center. Bonnie Jones of North Texas Rehabilitation Center expressed appreciation to the citizens of Wichita Falls for their support . She informed that they are no longer affiliated with National Easter Seals . All North Texas Rehabilitation Center services will remain the same and that money will be used for direct services locally. An official City Christmas ornament will be given to the Mayor. Item 3 Moved by Councilor Johnston that the minutes of the October 3 , 1995 meeting be approved. Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins . Nays : None 16 Items 4a-5b Moved by Councilor Shine that the Consent Agenda be approved. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins . Nays : None Item 4a m ,µ RESOLUTION NO. 173-95 r$ RESOLUTION TO AWARD BIDS TO THE MARTA COMPANY FOR THE ANNUAL SUPPLY OF METER BOXES AND ADDITIONAL BOX LIDS Item 5a-5b Minutes of the following boards were received. a. Wichita Falls Park Board, September 28 , 1995 b. Wichita County Public Health Board, August 25, 1995 Item 6a A public hearing was held to determine the public convenience and necessity of a special service vehicle franchise requested by Skylark Van Service, Inc . Mayor declared the public hearing open. Mr. Robert Parker, Traffic Department Director, informed that Skylark Van Service' intent is to have two secial service p vehicles . They will not be in competition with the taxi cabs because they will not be metered, but will be used for charters . Mr. Parker said he had spoken with Mr. Jody Wade, owner of Presidential Limousine who suggested it is a kind of a joint venture . Mr. Wade is in complete agreement of the franchise . Presidential' s service can only offer a ten passenger van while Skylark can offer a fifteen passenger van. Mrs . Diane Ford, President of Skylark Van Service, Inc . works with the corporations, such as Certainteed and PPG, around the City to transport . This could provide relief to the City on charters which City cannot handle because we can only do two charters a day. Skylark could be used by the City as a referral for charters . Mr. Parker recommended approval of the franchise . Mrs . Ford commented that they receive requests from companies for vans to transport . Mayor asked what percentage of her business was airport transportation versus other special types . Mrs . Ford replied that 990 was airport transportation. That is basically what we do, transporting people to and from DFW Airport . She said she would like to be able to transport people within the City when these companies call her. Councilor Martin asked Mrs . Ford if she envisioned transporting to Oklahoma City Airport . She replied not right now. Councilor Hawkins asked if this request was just for the use of the fifteen passenger van within the City limits of Wichita Falls, and Mrs . Ford replied that was correct . Councilor Hawkins asked if Skylark would be held to the same basic rules as those of the taxi cabs, in particular the vehicle age requirements . Mr. Parker replied that they would. Mrs . Ford informed that the vehicles she will be using are 1990 and 1993 . 17 Item 6a cont' d Councilor Hawkins commented that he was in favor of this and it would be a big asset to the City. Giola Kluver expressed appreciation to Skylark for the service they provide . Mayor called for additional comments and no one else wished to be heard. Mayor declared the public hearing closed. Item 7a ORDINANCE NO. 110-95 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 DITTO LANE, ADJACENT TO THE EAST LINE OF LOT 2-B, CULLUM SUBDIVISION Moved by Councilor Thompson that Ordinance No. 110-95 be passed. Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 7b ORDINANCE NO. 111-95 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE EAST SIDE OF ARENA ROAD (FM HIGHWAY 369) , ADJACENT TO THE WEST LINE OF LOT 1, BLOCK 50, MESA IRRIGATED FARMS Moved by Councilor Johnston that Ordinance No. 111-95 be passed. Motion seconded by Councilor Hawkins . Councilor Hawkins clarified that the second paragraph of the request is for us to help obtain a water meter, however, this vote is strictly for sidewalk, curb and gutter and not to give them a water meter. Mr. Bonnett concurred. Motion carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 7c ORDINANCE NO. 112-95 ORDINANCE WAIVING SECTION 27-30 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ON THE EAST SIDE OF ARENA ROAD (FM HIGHWAY 369) , ADJACENT TO THE WEST LINE OF LOT 1, BLOCK 50 , MESA IRRIGATED FARMS 18 Item 7c cont' d Moved by Councilor Shine that Ordinance No. 112-95 be passed. Motion seconded by Councilor Daniel and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins . Nays : None Item 7d A proposed ordinance was presented waiving Appendix A, Section 7 (1) of the Comprehensive Subdivision Ordinance with respect to placing a financial guarantee for construction of the sidewalk along the northwest and northeast side of Lot 8, Block 1, Lake Wellington Estates, Phase I . Moved by Councilor Martin that proposed ordinance be passed. Motion seconded by Mayor Lam. Robert Seabury, 2021 Clarinda, said he was confused because at the present they were drawing plans for a community center with swimming pool and tennis courts for this lot and they include a sidewalk. We would never leave that lot as a vacant lot and when we go into our building permit, it will include a sidewalk. I think Staff wants a letter of credit to guarantee that the sidewalk will be built . I just do not understand. He said it was a commercial lot and he would provide a set of plans to Staff showing what they plan for that lot . He did not see why it was any different from any other vacant lot where they build a sidewalk at the time that construction starts . Obviously, I cannot get a building permit unless I agree to build a sidewalk. City Manager commented that it was his understanding that a waiver was requested on this particular property waiving the sidewalk requirement . Now what the City is recommending, after instructions from Council to meet with Mr. Seabury, is a way to guarantee that the sidewalk would be in there rather than waiving it . I think that is what we have done . Mr. Seabury stated that he was asking for a temporary waiver until they build on it . Mayor said that was not what his letter said. Mr. Bonnett said that one of the problems is that on the subdivision the lot in question is entitled Beach Park, "Private Park" . We have a track record of problems where lots are identified as green space or private park and once they are platted that way it is very difficult to control the improvements . Mr. Seabury did ask for a waiver initially. Council' s instruction was to see if we can work something out . He can post a letter of credit guaranteeing the improvement and once the improvement is in, the letter of credit is released. As I understand it now, we are asking for a waiver of the letter of credit . Mayor asked if this is commercial property which will develop, and will it be developed in a normal commercial way and not as a park? Mr. Seabury replied that it is a park but it includes improvements not just trees . It will include quite a bit of construction. Mayor asked when title would pass and to whom. Mr. Seabury said that title will eventually pass to Home Owners Association and title will pass at that time . Mayor said that City' s concern is the loss of control once there are no additional permits to be granted. You could deed it without improvements and that situation has happened in the past to the City, and that is the problem. Mayor asked for a time frame and Mr. Seabury replied that it will be built within two years . 19 Item 7d cont' d Mayor said that letters of credit sound like an easy solution but they can be a nuisance . However, I see the City' s stand point that we need to have some backup that if this falls into somebody else' s hands to develop besides yours, there is a guarantee at the sidewalk is going in there and not just a park without sidewalk. Councilor Hawkins stated that at last Council meeting there was a request from Mr. Seabury for a complete waiver of the sidewalk. Now, he will have some time to build the sidewalk but we want a letter of credit to guarantee it . If he wants to remove his request for a waiver of building the sidewalk I do not see any problem. Mr. Seabury said he was removing the request for a waiver. We intend to build the sidewalk, but we are asking for two years without having to put up a letter of credit . He said a letter of credit draws on his line of credit . Councilor Hawkins said he realized that, and he wanted to know why he needs a waiver if he is not going to do any construction on the site . Mr. Bonnett said because it has been identified as a beach park on the subdivision plat and has actually been identified as a private park. Our track record is that title can pass and then the homeowners in the area ask the City why the sidewalk is not there . Title can pass and no construction can take place, then the City is faced with funding the construction of the sidewalk. Where we have a lot that is identified as a park or as a green space it has historically created a problem for us . Mayor commented that this is the last chance the City will have to get this enforced. Therefore, we have to act on this now versus later on a replat or a building permit . Mr. Bonnett concurred. Mr. Seabury said that the problem is that Mr. Bonnett is looking at a preliminary plat prior to our decision to make this into a community center and add considerable improvements to this area. We have changed plans and I can provide Staff with a set of the plans showing what we plan to do, which includes a sidewalk. Councilor Martin said that this was tabled so that he could bring the completed plans today. Now we are looking at a much different situation. Councilor Daniel said that last week Mr. Seabury was asking for a waiver for two different sidewalks in one single waiver. What we proposed was for him to bring it back in two different sections which he did. Mayor asked Mr. Seabury if he was here to ask for a waiver of the letter of credit . Mr. Seabury replied that he was but if it is a big issue, it is just not that important . He just felt it was unnecessary. Mayor said that due diligence on the part of the City and this being the last chance to enforce this requirement, they owe it to themselves to get the requirement firmed up some way, and that is the bottom line . Motion failed by the following vote . Ayes : None Nays : Mayor Lam, Councilors Johnston, Shine Thompson, Daniel, Martin, and Hawkins . 20 Item 7e ORDINANCE NO. 113-95 ORDINANCE WAIVING SECTION 27-30 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING SIDEWALK ALONG THE NORTHERLY SIDE OF COVENTRY CIRCLE OR THE SOUTHERLY BOUNDARY OF LOT 1, BLOCK 18, LAKE WELLINGTON ESTATES, PHASE I Moved by Councilor Shine that Ordinance No. 113-95 be passed. Motion seconded by Mayor Lam. Robert Seabury, 2021 Clarinda, stated that they intend to build a sidewalk down Lake Wellington Parkway which would be across the street from the school and then we have three cross walks through this park. We feel that is adequate and request that the sidewalk across the south side of the park be waived. There will be sidewalks across the street . Councilor Hawkins asked if there will be a sidewalk on the Lake Wellington Parkway side . Mr. Seabury informed that there would. Councilor Martin asked about handicap ramps . Mr. Seabury replied that they have plans to have handicap ramps . Mr. Bonnett informed that the sidewalks that are installed on the interior of Lot . 1, Blk. 18 are there but are not handicap. He suggested that if Council approves this request, they may wish to do it with the understanding that handicap ramps will be installed at the three entrances . Council agreed that the handicap ramps be required. Councilor Daniel asked about a handicap ramp on the north side of Lake Wellington, across the street from Lot 1 . Mr. Bonnett informed that there was no handicap ramp because there is no sidewalk built there . The school has the building permit on that and he hopes the school will put in handicap ramps there . Also, they are working with the developers and trying to get them to install ramps whenever they come down on a curb. Motion carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, and Martin Nays : Councilor Hawkins Item 8a RESOLUTION NO. 174-95 RESOLUTION AUTHORIZING CARELINE, INC. TO ASSIGN THE AMBULANCE SERVICE CONTRACT TO LAIDLAW, INC. ; 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. 174-95 be passed. Motion seconded by Councilor Thompson. Mike Harmon, President of LifeLine, stated that the merger with Laidlaw was going to be good. They have services closer and we can draw upon that service . CareLine is further away. Within the past year we replaced our front line fleet and we have added some clinical improvements . Our experience with CareLine has been positive and we trust that our relationship with Laidlaw will be as good or better. It is a year to year contract and the present contract term expires December 1995 . Councilor Hawkins said the indication is that while LaidLaw is going to be merged with CareLine they will continue to have 21 Item 8a cont' d the same access they now have only an extension. Mr. Harmon said it would be more capital and closer resources if needed. Councilor Hawkins asked if this would be a savings to the City. Mr. Harmon replied that it would be an improvement and that their history is that they have reduced the subsidies and are confident that they can maintain that trend. He informed that they operate on 8 hour, 12 hour, and 24 hour shifts, and have a maximum of four ambulances on a regular scheduled basis, but six are licensed in the City which they can use . Giola Kluver, 2938 Elliott, wanted to know the effect this would have on pricing. Mr. Harmon replied that currently their rates are below Medicare rates . Motion carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 8b RESOLUTION NO. 175-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ACCEPTING BID FOR OIL, GAS AND MINERAL LEASE ON A TRACT OF LAND OUT OF THE R. CARSON SURVEY NO. 74 , ABSTRACT 108, AND R. CARSON SURVEY NO. 173 , ABSTRACT 107 ; 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. 175-95 be passed. Motion seconded by Councilor Martin. Larry Godwin, 205 National Bank Building, stated that he is a representative of Burns Operating Co. who will be the operator of the leases . He informed that he has successfully demonstrated to Staff that the City of Wichita Falls will have no liability, whatsoever, financially or other wise for any operations conducted on City owned property or City owned mineral interests . The Railroad Commission has stated that should something happen to get a leak in the lake water from any lease on City owned property, the City can call the Railroad Commission and they will take immediate remediation action. They will then track that back to the responsible source and assess fines and the liability to that source . If that source does not have the funds to take care of that the State has a fund specifically for that purpose . In addition, the Environmental Protection Agency (EPA) has issued some regulations to the oil and gas operators that if they have a production facility that has the slightest capability of getting oil into the fresh water zones, then we have to operate under their guidelines, which constitutes berming around those production facilities sufficient to maintain 1500 of the maximum production that is on that . We also have a $3 million liability insurance and we will be glad to furnish certificates on that to the City prior to any exploration conducted on the property. This insurance covers everything. Councilor Johnston asked for a copy of their SPCC Plan. Motion carried by the following vote . 22 Item 8b cont' d Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 8c RESOLUTION NO. 176-95 gip, RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS FOR BANKING SERVICES WITH NATIONS BANK OF TEXAS, N.A. FOR A FOUR (4) YEAR PERIOD Moved by Councilor Daniel that Resolution No. 176-95 be passed. Motion seconded by Councilor Shine . Mr. Werner informed that an advertisement had been run in the newspaper for interested persons who wanted a packet . We had three people pick up a packet and only two returned them, Nations Bank and Bank One . Motion carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins . Nays : None Item 8d i RESOLUTION NO. 177-95 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH WORK SERVICES CORPORATION FOR SERVICES PROVIDED BY VOCATIONALLY HANDICAPPED PERSONS Moved by Councilor Thompson that Resolution No 177-95 be passed. Motion seconded by Councilor Shine . Councilor Martin questioned whether there was truly an independent contractor situation because we are exercising supervision. He asked that City Manager check into this and report back to Council . Motion carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 8e This item was deleted because it needs to be an ordinance instead of a resolution, and will be presented at the next Council meeting. 23 Item 9a RESOLUTION NO. 178-95 RESOLUTION TO ACCEPT KEMP BLVD. WATER LINE RELOCATION PROJECT AS COMPLETE AND AUTHORIZE FINAL PAYMENT TO CONTRACTOR Moved by Councilor Thompson that Resolution No. 178-95 be passed. Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Lam, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 10a Discussion on prohibiting the carrying of concealed handguns on City-owned or controlled premises . Mayor stated that it was now legal to carry concealed weapons and Council needs to formulate policy for City-owned or controlled premises . He asked for legal to report on what can and cannot be done . Assistant City Attorney stated that Council has the right to prohibit weapons on City-owned premises and the only exclusion is public parks . You cannot prohibit someone who is licensed under the new State law from carrying a weapon in a p park. However, you can pass an ordinance for those who are not licensed to carry a weapon and prohibit them from carrying a weapon in public parks . The other public buildings you do have the authority to prohibit weapons . Mayor asked how this would be controlled. Mr. Sullivan replied that as to the public facilities it would be a violation of City ordinance and the fine would be a minimum of $100 and a maximum of $500 . Mayor stated that it would be in the measure of a fine between $100 to $500 . Councilor Hawkins questioned why Council should enact an ordinance prohibiting someone from illegally carrying a weapon when State law already prohibits it . Mr. Sullivan responded that they would be in violation of City ordinance as well as State law. State law would be a higher penalty. Councilor Hawkins did not think that an ordinance was going to stop anyone from carrying illegal weapons . He said we should give the State law a chance to work. We are saying we do not trust the citizens who are getting these licenses . If a person has a license to carry a gun and he has business at city hall, he would have to leave his gun in the car. I think it would be better for him to continue carrying it on his person. I think we are trying to make a mountain out of a molehill where it does not exist . We should address this when the need arises . Why are we even bothering with it? Mayor replied that we are bothering with it because it is a public issue that every City in the State is dealing with. We owe the right to have some kind of control over City facilities . I would hate to send out the message that it is alright to bring a concealed weapon into these facilities . I would like for us to address some sort of ordnance to prohibit that . Councilor Johnston asked if State law prohibited concealed weapons in State buildings and facilities . Mr. Sullivan replied that he was not certain but he assumed that they did, however, State law does prohibit concealed weapons in public meetings such 24 Item 10a cont' d as this one . Councilor Johnston commented that weapons are prohibited from public meetings but not out in a corridor or hallway. Mr. Sullivan informed that Council' s authority as relates to public buildings means the interior of those buildings not the exterior such as parking lots and sidewalks . Councilor Martin stated that we need an ordinance covering our public buildings . You already have the control at the Courthouse and it is a public building. I believe in the right to bear arms but a weapon in the hands of an untrained person is a dangerous things . We should + have an ordinance prohibiting the use in all City owned buildings . ; Councilor Shine said he thought we should look into it . Councilor Johnston asked if this affected City owned transportation. Councilor Hawkins stated that it is already against the law. Mr. Sullivan informed that there was an Attorney General' s opinion as to buses, but it does not really answer the question. The opinion states that it depends on the facts of the particular case as to whether or not that is a proper exercise of the City' s power. My opinion is that we should have the authority to pass something prohibiting weapons on a bus . The Attorney General' s opinion did not answer that question. Councilor Martin asked if a private business has the right to post on his own that no firearms are permitted on this premises . Mr. Sullivan replied that was correct . Councilor Thompson said he supported the ordinance . He said it was hypocritical of the process in that this was passed by the State and we as elected officials say we want to be sure and protect ourselves . I am sure in Austin they have a law that weapons cannot be brought into the State Capitol . I have been opposed to the nth degree that this is such an injustice and puts ' our citizens at risk. I am in favor of passing an ordinance prohibiting weapons . Regarding wording in the information provided to Council on this issue, he asked that the wording be a consistent; use either the words "City premises" or "public property" . Councilor Daniel commented that Council is obligated to look at an ordinance . He asked Chief Harrelson to check with his peers in other cities to see which direction they are moving. It is my understanding that handguns are prohibited from State buildings . There were a number of reasons given for this State law. I do not think any of those are applicable to a building such as this . I cannot see a legitimate reason for anyone bringing a handgun into City Hall or other City buildings . Councilor Thompson commented that it would influence debate and discussion if someone was carrying a weapon. Councilor Hawkins said that the law was already in the books that a weapon could not be carried into a meeting like this . What this ordinance does is talk about the hallways people who carry a weapon in their everyday walk of life and they have to go into one of our City-owned buildings and have to make a provision for the storage of their gun while they are in there . I do not think it is a major deal . What we are saying is that you are legal to carry the weapon because you are now licensed but the rest of you who don' t go to the trouble to get a license this does not apply to you. Councilor Thompson gave an example of why that does not hold water. There are some buildings that we provide certain city services and sometimes you have to say no to people, some of them have a very negative reaction. Verbal threats are made, hostile discussions are undertaken and just imagine if they had a weapon available . We do not want to put the people at risk unnecessarily. If that is the case then everybody ought to be armed, even those inside the buildings . We should protect the citizens . 25 Item 30a cont' d Mayor said that the consensus is that Staff re-look at the language, firm it up and bring it back to Council for action. Councilor Hawkins asked that Staff bring a report on some of the other major cities and how they are handling this . Item lob Giola Kluver, 2938 Elliott, thanked the Council for co- sponsoring the meeting on gangs at Barwise . She complained about the gangs at the What-a-Burger and their filthy language . Item 10c Councilor Thompson requested that the situation on the East Side regarding the high rates of cancer be looked into. City Manager informed that the State Department of Health has announced that they are brining in a team to investigate that . The City will be more in a position to provide historical information and we will assist . Councilor Thompson asked that our Health Department make note of unusually high death cases, wherever it is, and try to look into it . Councilor Hawkins asked Mr. Bonnett for a briefing on the Lake Wichita dam spillway. Mr. Bonnett informed that the Lake was down to 975 feet . The last rain it was over the dam at 976 feet . We have constructed the channel and the by-pass valving from Lake Diversion and it is all in place . We have recently provided seeding for the channel and we would like to get some growth on that seed to prevent erosion, and probably flow it at least one time before we shut down. The Lake Diversion system is shut down on or about the first of November and will not be opened again until the first of March. It will not take much of a rain to take that over the dam or over the spillway. It is such a small lake basin that any rainfall would fill that up quickly. Mayor mentioned that he had unsolicited comments regarding the Lake, one from a resident and one from Texas Wildlife, that things did not look as bad as it appeared on paper. It is good news that the lake is looking as well as it does, and is not in a bad situation according to those who monitor it and live out there . Mr. Bonnett agreed and said that the beauty of it is we are going to stabilize the lake level and that has to be helpful . Councilor Hawkins commented that we spent our money and we do not want to wash the seed into the lake . Councilor Hawkins said that he appreciated the Staff' s support when he calls . Councilor Johnston asked for clarification regarding handicap ramp requirements everywhere a curb is crossed on new sidewalks . Mr. Bonnett informed that there is such a requirement, however, the point in question is that there is going to be an in-between block requirement . We may be able to encourage that or we will work with the developer to get that in- between blocks . Whenever the sidewalk comes up to a curb we kill the curb and drop the sidewalk down to an ADA ramp . Mayor asked Council to review the members of the previous Library Committee and provide recommendations from those members or others in their districts at the next Council meeting. Mayor stated that their goal would be to establish a Library Committee at that meeting. Councilor Martin referred to the wild dog situation around Lake Wichita. He asked what could be done to control the tall weed problem which impairs the animal control personnel from catching these animals . City Manager stated that since it is private property, we would be setting a precedent if we mowed it . 26 Item 10c cont'd It may be more appropriate for the people who operate the pens, the School District, to look into it . Councilor Martin suggested that City work with them to control this situation. Councilor Martin asked that Staff invite Killeen Youth Activity Council members to speak to this Council about their program. Councilor Johnston said that they wanted to bring some of their youth with them, therefore, this would have to be a Saturday meeting. Councilor Martin requested that a highway commission be formed as soon as possible in order to line ourselves up for available State funding. Mayor commented that he did not have a problem with that and informed that he was on the Highway Commission. He asked for the procedure to form a citizens highway commission. City Manager replied that this needed to be looked into legally and procedurally. He thought it was the same as appointing any other commission, put it on the agenda, make appointments and give them their charge . He said it would be advantageous to appoint a regional commission. Mayor urged Councilor Martin to discuss this with BCI and if he does not receive satisfaction that they are moving the right direction then we need to look at it . City Manager informed that the project which seems to be moving again is the overhead project . State officials want to see some official indication from the City on what our position is . City Manager will have Staff do a further study on that and will report back to the Council . Mayor said he did not see anything wrong with sending a resolution forward on it to the State and request that the County do the same, and give the state whatever they need to move forward on this . He directed Staff to prepare an update . Councilor Hawkins asked about the status on the additional ramps to access MPEC. City Manager replied that was one of the things that was brought up in past year' s hearings . Mr. Bob Parker informed that yesterday he received information from the ' State that they are in the planning stage . Mayor said that basically this Highway Committee sent a letter to the State in effect approving the project only under the condition that we had egress and ingress ramps . It is my understanding that the State knows full well that we do not want to proceed unless we have those ramps . City Manager said Council will have an update at the next meeting. Councilor Daniel said that he realized the State wants to see a resolution and I would support the overhead project, but, before we do that I would like to see it go through a committee and through a rigorous analysis so that we know what we are authorizing and resolving. Mayor commented that we have had that debate once, but agreed that the other committee should make a recommendation. Councilor Martin informed that early voting for the Constitutional Amendments begins October 18 at the Courthouse, Target and K-Mart . He encouraged citizens to get out and vote . Councilor Shine commended Mrs . Norma Crane for her efforts in putting the Clean Country breakfast together. He thanked the Staff for their cooperation when he calls . Item 10d City Manager informed that Best Aviation at the Municipal Airport will be changing their operating hours, 6 : 00 a.m. to 10 : 00 p.m. , instead of 24 hours a day. 27 Item lod cont' d Mr. Parker informed that the new airport manager is Ron Washburn and he will begin November 1, 1995 . City Council recessed at 10 : 00 a.m. Item 10e City Council went into executive session at 10 : 20 a.m. as authorized by Section 551 . 074 of the Government Code . The City Council reconvened at 12 : 15 p.m. The City Council adjourned at 12 : 15 p.m. . PASSED AND APPROVED this Kati day of/I ou6H 6E-g -lam Michael Lam, ayor ATTEST: IIUJ a a Torres Cite Clerk g.. i �... �_ �.,