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Regular Meeting 43. August 25, 2003 Page 9 Mr. Thomaides moved for adoption of the Resolution and Ms. Narvaiz seconded the motion. Ms. Narvaiz asked for an update in regard to notifying the first bidder of the property. Mr. Steve Byrd, Attorney with Linebarger, Goggan, Blair, Graham, Pena and Sampson, stated the first bidder was notified and is not willing to submit the same bid as before. He stated his firm would like to go forward with a tax resale program. Several properties would be marketed in the newspaper and by signage on the property. He stated a time would be set to receive sealed bids and the appropriate bid would be brought back to the Council for approval. He encouraged the Council to vote against this Resolution so this property can be included in a resale program. The Council then voted unanimously to deny this Resolution. Mayor Habingreither introduced for consideration Item 27, removed from the consent agenda, adoption of a Resolution, the caption which was read as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, DECLARING THE PUBLIC NECESSITY FOR ACQUISITION OF INTERESTS IN REAL PROPERTY IN CONNECTION WITH THE WONDER WORLD DRIVE OVERPASS PROJECT; AUTHORIZING NEGOTIATIONS FOR THE ACQUISITION OF THESE INTERESTS; AND DECLARING AN EFFECTIVE DATE. Mr. Thomaides moved for adoption of the Resolution and Ms. Narvaiz seconded the motion. Mr. Thomaides asked for an explanation of the Resolution. Mr. Mark Taylor stated the City is using an outside attorney, Jim Frost. He stated Mr. Frost is facing time constraints for the Texas Department of Transportation to award. He stated this is following the advice from Mr. Frost to complete the acquisitions on time. The Council then voted unanimously for adoption of the Resolution. Mayor Habingreither introduced a discussion regarding the San Marcos River maintenance. Mr. Thomaides stated he has three concerns regarding the San Marcos River maintenance. The first concern is the mats of vegetation, which float down from Spring Lake and are now affecting the tubing industry. The second concern is regarding whether the City could ask the University to help fix the problem with the vegetation mats. The last concern is to have the Parks and Recreation Advisory Board look at an additional access point similar to one near the Lions Club Tube Rental access point. Mr. 0'Leafy stated Staff has met with Southwest Texas State University concerning the vegetation cuttings from Spring Lake. He stated the University does harvest their vegetation cuttings, but due to problems the University has not been cutting regularly, which has caused some of the vegetation to float down stream. He suggested the City be involved in taking care of the lake. Rodney Cobb, Director of the Parks and Recreation Department, stated the Habitat Conservation Plan with United States Fish and Wildlife has been submitted for approval. He stated this Plan will include the ingress/egress to the river and vegetation in the river, as well as along the river banks. He also stated a meeting is scheduled for next week with the University regarding Spring Lake. Mr.