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Min 12/03/1985 93 Wichita Falls, Texas Memorial Auditorium Building December 3, 1985 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. Gary Cook Mayor Charles Harper Lindsey Walker Councilmen Bill Palmer Craig Wilson James Welburn James Berzina City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred L. Werner Chief Accounting Officer Charles Thomas Absent The invocation was given by J. C. Thompson, Antioch Baptist Church. Item 3 Moved by Councilman Palmer that minutes of the meeting held November 19, 1985, be approved. Motion seconded by Councilman Welburn, and carried unanimously. Items 4a-7e Item 5f was removed from the consent agenda. Moved by Councilman Welburn that the consent agenda be approved. Motion seconded by Councilman Palmer. Item 4a Morris Starnes was honored as Employee of the Month for December. Mayor Cook presented him with a plaque and City of Wichita Falls pin, and two tickets each to a theatre and dinner. Item 5a ORDINANCE NO. 137-85 ORDINANCE AMENDING ORDINANCE 160-83, AMENDING SECTION 106 OF THE SOUTHERN STANDARD MECHANICAL CODE, 1982 EDITION Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None Item 5b ORDINANCE NO. 138-85 ORDINANCE TO AMEND CHAPTER 29, ARTICLE IV, SECTION 29-91 .1 OF ORDINANCE NO. 3639, TO ADD ITEM (AO) HOOPER DRIVE: (1 ) 20 MPH FROM 213 FT SOUTH OF REILLY ROAD TO A POINT 1270 FT SOUTH OF REILLY ROAD Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None 94 Item 5c ORDINANCE NO. 139-85 ORDINANCE AMENDING SECTION 8-142 OF THE CODE OF ORDINANCES TO REMOVE THE CHAPTER 8 ANNUAL INSPECTION FEE REQUIREMENT FOR ICE CREAM TRUCKS, AND PROVIDING FOR ADDITIONAL INSPECTIONS Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None Item 5d ORDINANCE NO. 140-85 ORDINANCE AMENDING ARTICLE III , CHAPTER 16 OF THE CODE OF ORDINANCES TO REVISE REQUIREMENTS FOR FOOD HANDLERS AND TO PROVIDE FOR THE KEEPING OF FOOD HANDLER'S CERTIFICATE RECORDS FOR A MINIMUM OF FIVE YEARS Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None Item 5e ORDINANCE NO. 141-85 ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO THE ACCOUNT NUMBER LISTED BELOW FOR THE PURPOSE OF TRANSFERRING THE PROCEEDS OF THE KEMP PUBLIC LIBRARY'S ANNUAL BOOK SALE HELD IN FY 1984-85 TO THE LIBRARY' S SPECIAL REVENUE FUND Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None Item 6a RESOLUTION NO. 188-85 RESOLUTION AUTHORIZING THE PUBLICATION OF NOTICE OF INTENTION TO LEASE FOR OIL AND GAS CERTAIN LANDS LOCATED IN WICHITA COUNTY AND AT LAKE KICKAP00 IN ARCHER COUNTY, TEXAS Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None Item 6b RESOLUTION NO. 189-85 RESOLUTION REQUIRING THAT FUNDS RAISED THROUGH THE ANNUAL BOOK SALE SPONSORED BY THE KEMP PUBLIC LIBRARY BE DEPOSITED IN THE SPECIAL REVENUE FUND FOR THE PURPOSE OF PURCHASING LIBRARY MATERIALS AND EQUIPMENT Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None Items 7a-e Minutes of the meeting of the Kemp Library Advisory Board held September 25, 1985, were received. Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None Minutes of the meeting of the Park Board held October 24, 1985, were received. Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None Councilman Harper noted that a correction should be made on the first page from Memorial Auditorium to Memorial Stadium. 95 Items 7a-e, cont'd Minutes of the meeting of the Park Board held November 21 , 1985, were received. Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None Minutes of the meeting of the Planning and Zoning Commission held November 13, 1985, were received. Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None Minutes of the meeting of the Board of Electrical Examiners held November 14, 1985, were received. Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None Item 8a A public hearing was opened on tax increment financing. No one desired to be heard, but the hearing was left open to be considered later in the meeting when some people were expected. Mayor Cook later explained that this item had been left open, and asked if County or School representatives who were now present, or anyone else, desired to address the Council . No one asked to be heard, and the public hearing was closed. Item 8b RESOLUTION NO. 190-85 RESOLUTION APPROVING A PROJECT TO BE FINANCED BY WICHITA COUNTY INDUS- TRIAL DEVELOPMENT CORPORATION INDUSTRIAL DEVELOPMENT REVENUE BONDS (AMERICAN SUITES CORPORATION PROJECT) SERIES 1985 Moved by Councilman Wilson that Resolution No. 190-85 be passed. Motion seconded by Councilman Palmer. City Attorney H. P. Hodge explained the provisions of the resolution. Mayor Cook opened the public hearing. No one desired to be heard. Moved by Councilman Harper that the public hearing be closed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None The motion for passage of Resolution No. 190-85 was carried by the follow- ing vote. Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None Item 9a ORDINANCE NO. 142-85 AN ORDINANCE REZONING A 7.45 ACRE TRACT OF LAND ON CENTRAL FREEWAY, WICHITA FALLS, TEXAS, FROM GENERAL COMMERCIAL DISTRICT (GC) TO HEAVY COMMERCIAL DISTRICT (HC) Moved by Councilman Harper that Ordinance No. 142-85 be passed. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None 96 Item 9b ORDINANCE NO. 143-85 AN ORDINANCE REZONING LOT 12, BLOCK 25, SIBLEY TAYLOR ADDITION, WICHITA FALLS, TEXAS, FROM SINGLE FAMILY RESIDENTIAL DISTRICT STANDARD LOT (SF-2) TO GENERAL COMMERCIAL DISTRICT (GC) Moved by Councilman Palmer that Ordinance No. 143-85 be passed. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None Item 9c Discussion was held on a proposed ordinance rezoning Tract ]A, Block A, Southside Acres, from Single Family 2 to Heavy Commercial . A motion was made by Councilman Harper, for discussion, and seconded by Councilman Welburn, for passage of the ordinance. Councilman Harper asked if this is the only lot that is commercial , or if there are others? Mr. McKinney stated that there are some scattered commer- cial lots on Rowland Road and old Windthorst Road. He explained that this was requested so that they can obtain a wine and beer license. He stated that the Planning and Zoning Commission felt that it would be well to consider the entire area since it is a mixed use. A Church on Rowland Road made some comments, and they felt it should be left as it was. Councilman Walker asked about the distance from the Church, and Mr. McKinney stated that it has not been measured, but he believes they could meet the distance requirement. Council Welburn noted that it appeared to be about 500 feet. Mr. McKinney noted that the Planning and Zoning Commission recommended disapproval . The motion failed by the following vote. Ayes: None Nays: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Item 9d ORDINANCE NO. 144-85 AN ORDINANCE REZONING CERTAIN TRACTS OF LAND IN MIDWESTERN FARMS SUB- DIVISION, WICHITA FALLS, TEXAS, FROM LIMITED COMMERCIAL DISTRICT (LC) TO GENERAL COMMERCIAL DISTRICT (GC) Moved by Councilman Harper, for discussion, that Ordinance No. 144- 85 be passed. Motion seconded by Councilman Wilson. Mr. McKinney explained this request, stating that the facility Faith Baptist Church plans to build closer to Southwest Parkway. The Planning and Zoning Commission felt the whole area should be looked at, rather than just approve the one- lot request. The property immediately South of the dotted line was omitted from the ordinance before the Council . The staff has recommended that the property belonging to the church West of Rhea Road remain single family, and the the office on the East be changed. The church wants general commercial because of the height of the building. Councilman Palmer stated that he had received an objection from a person in Midwestern Farms on what it will do to the neighborhood and entrance into Midwestern Farms in the future. He asked if we could leave the area on the East side limited commercial ? Mr. McKinney stated that they could. The minister of education at Faith Baptist Church stated that they had no objection to this. They are concerned about the West side only. Councilman Wilson stated that he would like to see a change in the application for the signature to be the owner. We rezoned some property recently that he does not know whether the owner authorized the agent to do that or not. He would like to know what the property owners want for their own property. 97 Item 9d cont'd Moved by Councilman Palmer that the ordinance be amended to leave the area to the East the same, and only the area to the West be rezoned general commercial . Motion seconded by Councilman Harper, and carried unanimously. The motion for passage of the ordinance, as amended, was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None Item 9e ORDINANCE NO. 145-85 AN ORDINANCE PROVIDING A TAX FREEZE FOR HISTORIC PRESERVATION FOR A DOCTOR'S OFFICE AT 1411 9TH STREET, WICHITA FALLS, TEXAS Moved by Councilman Palmer that Ordinance No. 145-85 be passed. Motion seconded by Councilman Harper. Councilman Harper asked if the tax freeze was not up to eight years, rather than simply eight years? Mr. McKinney noted that the ordinance states eight years. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None Item 9f ORDINANCE NO. 146-85 AN ORDINANCE GRANTING THE TEXACO FOOD MART AT 1418 11TH STREET A VARIANCE FROM THE 300 FEET SEPARATION REQUIREMENT BETWEEN THE SALE OF ALCOHOLIC BEVERAGES AND A CHURCH Moved by Councilman Palmer that Ordinance No. 146-85 be passed. Motion seconded by Councilman Wilson, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None Item 9h Discussion was held on a proposed ordinance pertaining to permit privileges of a master electrician. Councilman Wilson stated that he is con- cerned about the net result of this. Mr. McKinney stated that what this involves is that a master electrician must work under his license. If he does not have a job of his own, he will sub- contract with another firm as a journeyman electrician, and work for him. The contractor would have to come up and fill out an application as a journeyman, and he would have to do so every time he changes jobs. The Electrical Board feels this would serve no useful purpose. Councilman Harper stated that a master electrician is supposed to oversee the work. To get a permit, it must be signed by a master electrician. The same master electrician was signing many jobs all over town. Councilman Wilson stated that he sees this as a potential for abuse if we repeal this ordinance. It is to maintain the professional skill . He further asked Mr. McKinney what comments he had received from electrical contractors? Mr. McKinney stated that he had received none outside the board members. Moved by Councilman Welburn that this matter be tabled for re-work and study. 98 Item 9h, cont'd Motion seconded by Councilman Walker, and carried unanimously. Item 9g ORDINANCE NO. 147-85 ORDINANCE AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES TO AMEND THE DEFINITION OF A JUNKED VEHICLE UNDER SECTION 20-41 OF THE CODE Moved by Councilman Harper that Ordinance No. 147-85 be passed. Motion seconded by Councilman Palmer. Councilman Harper asked questions concerning the definition of junked vehicles. The City Manager explained that it only has to be in non-compliance with one provision. Now you have to meet both grounds. Following a question from Councilman Walker, Mr. McKinney stated that this ordinance brings it into conformance with state law. Councilman Walker asked about the notification process? Mr. McKinney stated that they notify, and monitor the vehicle every 15 days. At the end of the 45 days they would file charges in Municipal Court. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None Item 9i ORDINANCE NO. 148-85 ORDINANCE REPEALING ARTICLE IV, CHAPTER 16, AND REVISING ARTICLE V, CHAPTER 16 OF THE CODE OF ORDINANCES, TO REVISE PROVISIONS FOR MILK AND MILK PRODUCTS AND TO REPEAL PROVISIONS NOW REGULATED BY THE TEXAS DEPARTMENT OF HEALTH Moved by Councilman Palmer, for discussion , that Ordinance No. 148- 85 be passed. Motion seconded by Councilman Welburn. Councilman Palmer asked Dr. Cox if this just cleans up the ordinances? Dr. Cox replied that it does. Councilman Harper noted the misspelling of the word "manual " . The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None Item 9j ORDINANCE NO. 149-85 AN ORDINANCE AMENDING SECTIONS 29-26 AND 29-27 OF THE CODE OF ORDINANCES AND CALLING FOR POSTING OF WEIGHT RESTRICTIONS ON CERTAIN STREETS IN THE CITY OF WICHITA FALLS, TEXAS Moved by Councilman Welburn, for discussion , that Ordinance No. 149- 85 be passed. Motion seconded by Councilman Harper. Mayor Cook stated that this project will benefit the City of Wichita Falls, but unfortunately for those people who live on the streets, there may be some temporary inconvenience. Councilman Harper stated that we should do something about the timing of the light at Taft and Hampstead to allow trucks to get through the corner. Mr. Parker stated that they would take a look at it. Mayor Cook also mentioned school traffic. 99 Item 9j , cont'd The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None Item 9k ORDINANCE NO. 150-85 AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY I ARE IN THE EMPLOYMENT OF THE CITY OF WICHITA FALLS; PROVIDING FOR IN- CREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTION. Moved by Councilman Harper, for discussion, that Ordinance No. 150- 85 be passed. Motion seconded by Councilman Wilson. Councilman Harper asked for an explanation of this. Mr. Barrett, Assistant City Manager, stated that it increases their actual retirement benefit 30 percent from the time they retired to the present. It was updated the last time in 1982. It will pick up the 30 percent for those years. They will do this every year from now on. The updated service credits looks at the last three calendar years of an employee' s employment. This will weight his retirement 40 percent. Unless this is updated each year, it will still go back to salaries paid in 82-83, 83-84, and 84-85. He stated that the whole package will cost approximately $60,000. He further stated that this is an action that looks backward, and not forward. In re- instating it, there will be a 4-5 percent increase, even if the percentage is not increased. Councilman Palmer confirmed that the cost will go up every year because salaries are increased. Councilman Wilson stated that he thinks it is important that we put these dollar figures in here so that they know, as well as the employees know, what kind of contribution the City is making to the retirement system to reward long term employees. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None Item 91 ORDINANCE NO. 151 -85 AN ORDINANCE MAKING AN APPROPRIATION FROM THE BOND INTEREST MONIES OF THE WATER AND SEWER FUND TO THE ACCOUNT NUMBERS LISTED BELOW Moved by Councilman Welburn that Ordinance No. 151 -85 be passed. Motion seconded by Councilman Palmer, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None Item l0a RESOLUTION NO. 191-85 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENTS TO THE LEASE AGREEMENTS FOR AVIS, BUDGET, HERTZ, AND NATIONAL RENTAL CAR AGENCIES AT WICHITA FALLS MUNICIPAL AIRPORT Moved by Councilman Welburn that Resolution No. 191-85 be passed. 100 Item 10a, cont'd Motion seconded by Councilman Palmer, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None Item 10b RESOLUTION NO. 192-85 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH WILLIAMS MAINTENANCE CO. FOR JANITORIAL SERVICES AT THE CENTRAL SER- VICES COMPLEX Moved by Councilman Welburn that Resolution No. 192-85 be passed. Motion seconded by Councilman Harper. Councilman Harper asked if the contract will be just for office space? Mr. Parker stated that it will also include restrooms and entry shack. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None Item 10c RESOLUTION NO. 193-85 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH M & W JANITORIAL SERVICES FOR JANITORIAL SERVICES AT MUNICIPAL COURT Moved by Councilman Palmer that Resolution No. 193-85 be passed. Motion seconded by Councilman Welburn. Councilman Walker asked about the normal procedure in bidding, and how does he go about making a determination of the bidders? Mr. Parker explained that this is a little bit different. They inspect some facilities they are working on, and they also get references. The two people who bid it are currently working for the contractor who bid it, and they decided to bid it on their own. They have been doing it for the past ten months. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None Item 10d RESOLUTION NO. 194-85 RESOLUTION TO APPROVE CONTRACT WITH CONSULTING FIRM FOR 1986 CDBG UTILITY REPLACEMENT PROGRAM Moved by Councilman Harper that Resolution 194-85 be passed. Motion seconded by Councilman Welburn. Mr. Bonnett explained the method of figuring the cost once they bid the project. Councilman Harper stated that if prices continue to go down, and we use the percentage cost, that may be a problem. We do not want to put someone out of business. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None 101 Item 1Oe RESOLUTION NO. 195-85 I RESOLUTION APPROVING A CONSTRUCTION AGREEMENT WITH THE WICHITA COUNTY HERITAGE SOCIETY FOR A PARKING LOT IN DEPOT SQUARE Moved by Councilman Wilson, for discussion, that Resolution No. 195-85 be passed. Motion seconded by Councilman Welburn. Councilman Harper stated that he would not participate in this discussion, nor would he vote, because he is on the Board of the Heritage Society. Councilman Wilson stated that he is concerned about the cost and benefit. Mr. Barrett stated that the cost of construction of parking lots will not exceed $15,000. As business has increased at the farmers ' market, they have run up against some very restrictive parking. They have added some additional space for stalls at the farmers ' market. It would also make the area look much better. It will also allow more parking for the Depot Square restaurant. The City will do most of the work. They may contract out some of the curbs. Councilman Palmer asked what they had done to increase business at the farmers ' market? Mr. Barrett stated that they would remove some plants, and allow access from the rear. On Friday and Saturday the space is sold out. Councilman Wilson requested a recap after the work is done. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Walker, Palmer, Wilson, and Welburn Nays: None Councilman Harper asked the City Attorney if he had figured out a way to give title to the Heritage Society on the Skyscraper? Mr. Hodge state that he had not. Councilman Wilson stated that it is time we do something about this building so that we will not be asked to fund another renovation and stabilization of this building in the future. He stated that the original owners have asked for it. Dorcas Chasteen stated that she has shown the skyscraper to some people, but they are holding off until Mr. Kramer does something about his property. These are people other than the Historical Society. Item ]Of RESOLUTION NO. 196-85 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF PROPERTY FOR THE HOLLIDAY CREEK CHANNEL IMPROVEMENT PROJECT AND AUTHORIZING EMPLOYMENT OF APPRAISERS Moved by Councilman Wilson that Resolution No. 196-85 be passed. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None Item lOg was deleted until a future meeting. Item lla Bids were considered on annual requirements of asphalt base crack sealing compound. Allied Materials of Oklahoma City and Crafco of Texas submitted identical bids due to the five percent preference statute for out- of- state bidders. Because of the tie bid, Texas statutes require the governing body to cast lots to award the bid. 102 Item lla, cont'd Mayor Cook designated Allied as "heads" and Crafco as "tails" for the coin toss. The toss came up "tails" , making Crafco the successful bidder. Councilman Welburn asked about the bidders being responsible bidders, and Mr. Arndt, Purchasing Agent, stated that the staff has determined that both bidders are responsible. He stated that they have done business with Crafco previously, and it was entirely satisfactory. Moved by Councilman Wilson that the bid be awarded to Crafco of Texas, in the amount of $24,000. Motion seconded by Councilman Welburn, and carried unanimously. Councilman Harper asked if Oklahoma state law states that bidders must be lower than five percent or exactly five percent? Mr. Arndt stated that he did not know. It would appear that you take the low Texas bid, and then deduct that percentage. A non- resident bidder must be more than the same amount to be awarded the bid. Councilmen Wilson and Harper stated that they need to know what their base is. Councilman Harper stated that if it is more than five percent, then this was not more than. If it is five percent, then it meets the law. Mr. Arndt needs to know the out-of-state laws. Mayor Cook suggested that he contact various secretaries of states and get that information. Item 12a RESOLUTION NO. 197-85 RESOLUTION ACCEPTING CONSTRUCTION AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR COMPLETION OF THE EXPRESSWAY VILLAGE PARK, PLAY AREA Moved by Councilman Wilson that Resolution No. 197-85 be passed. Motion seconded by Councilman Welburn and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None Item 12b RESOLUTION NO. 198-85 RESOLUTION TO ACCEPT CONSTRUCTION OF CYPRESS STORAGE TANKS AND TO AUTHOR- IZE FINAL PAYMENT TO THE CONTRACTOR Moved by Councilman Palmer that Resolution No. 198-85 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Walker, Palmer, Wilson, and Welburn Nays: None Item 13a Moved by Councilman Wilson that authority be granted to advertise for bids for carbon dioxide storage tanks for water treatment plants. Motion seconded by Councilman Welburn, and carried unanimously. Item 14c C. B. Morgan appeared for Jim Davenport, who wrote the letter he read. The letter concerned the use of private golf carts on Weeks Park Golf Course. They oposed the action of not being allowed to use private golf carts after October 1 , 1986. They have previously been allowed to use their carts when they paid the trail fee. They believe that leasing the golf course is a serious mistake, and needs to be reconsidered. Fees may increase. The course 103 Item 14c, cont'd may deteriorate. It should not be required to make a profit. Mr. Morgan stated that if they cannot use the golf carts they may take them and their wheel chairs, and look at the waterfall . Mayor Cook stated that they could not take any action today, but requested that copies of the letter be furnished to them. He further stated that the decision to lease the golf course was not taken lightly. It was to provide a good facility. There was a loss to the taxpayers in the condition that the golf course was in. The lessor of the course is for a profit operation. They have been very carefully checked out by the staff and Council . They do not believe it will be a problem for anyone who may be economically dis- advantaged. They will monitor it very closely. Mr. Morgan stated that he believed that a for-profit group would operate it more efficiently, but he believes a lot of the damage was from the tornado, and not recurring costs. Councilman Palmer stated that the fees to be charged out there will be determined by the Council . They remain 100 percent in control of the fees charged. He also mentioned maintenance of the course, stating that very careful stipulations have been made in the lease concerning maintenance of the course. This will be supervised and controlled by the City to make sure that those who play the course will have a good one to play on. He also asked if he could get the figure on the number of senior citizens who own golf carts? Mr. Morgan stated that their concern is not that it will be leased out, but concern over the fees . Councilman Palmer asked if this would solve the problem of the fees, knowing that the Council will make that determination? Mr. Morgan stated that it would help. Mr. Barrett stated that he had talked with Mr. Streiff about the golf carts. After October 1986, it is up to the contractor, but he plans to meet with the senior citizens on these kinds of issues. Councilman Harper noted that he intends to answer the letter from the Parks Board, raking them over the coals. He stated that Bill Johnson and others have been in on the discussion of this matter for some time. Councilman Wilson stated that the purpose of this is for people like Mr. Morgan and Mr. Davenport to have a more manageable course. Some of these things were brought to the Council from a subcommittee of the golf course. Input has been encouraged and requested on several occasions. People on the Parks Board have had input, and he feels this letter was totally out of place. Some of these people were absent at some of the meetings in which it was discussed. The City Manager stated that the Parks Board needs to remember that they are an advisory board only. This was a personnel issue, and that option always has to be preserved for the City Council . Councilman Walker stated that if this was discussed at the meetings it should be in the minutes, and even though they were not in attendance they should have received a copy of the minutes. He would hate to see that that person who did not attend did not have access to that information. Roby Christie, 3309 Cumberland, stated that he is afraid the letter was misconstrued. He stated that the Parks Board probably did not have much information, except possibly Bill Johnson. They feel there should be more communication. Councilmen Welburn and Palmer were certain that they understood the letter. Councilman Welburn asked if the Parks Board did not say what they said, or that they did not understand it? Roby Christie stated that they realized they are an advisory committee, and acknowledged that they did not have anything to do with personnel matters. They would like to be more informed, and partners in this type of program. He stated that there seemed to be a problem between the parks subcommittee and the parks board. Councilman Welburn stated that he would get some information from Mr. Davenport on how many seniors own golf carts. 104 Item 14c, cont'd Gerald Kuykendall , minister of Lakeview Assembly of God Church, stated that they need water. They are located on the Archer City highway, outside the city limits. He was not there at the time the church was built. He requested a waiver of the ordinance. Mayor Cook noted that they could ask the staff to prepare information, and bring it back to the Council . Mr. Kuykendall stated that they tried to drill a well , and they could not get water. Mayor Cook stated that the position of the City has been to deter growth outside the city limits when they do not contribute to the taxes. Councilman Wilson stated that one of his questions is what makes his situation unique to them that any other person would not have the same problem in trying to drill a well ? Mr. Kuykendall stated that they understand this, but at the same time they have a need. Mayor Cook requested that he address a letter to George Bonnett, requesting that the Council consider a waiver of this. It will be brought to a future agenda. Item 14a Bill Williams appeared for River Ridge Development, stating that he believed they can create a major mall , along with a convention center, on the North side of town. They would hope to develop Loop 11 to tie on to Airport Road. They have commitments from hotels if a mall is developed. He presented a projected land use, explaining that it is estimated to be a 189 million dollar project, with 2,000,000 square feet. They would build a regional mall which would bring people into Wichita Falls. It would take a five-year development plan to complete the project. They are ready to begin now. He believes they can attract $250,000,000 additional revenue to the city to bring in new people that are not shopping here, or those that are going to Dallas or Oklahoma City to shop. The private portion of their development would be 174 million dollars. If the city and private development could work together, they could generate a lot of business and income for the city. Ron Frase, also of River Ridge Development, emphasized that they are talking about a regional complex. It gives the city the possibility for the city and their company to work together. They would like some input from the city on location, size, etc. They will donate the land and roadways. Councilman Harper asked when they would start? Mr. Williams stated that they would like to start tomorrow. The decision of the convention center is dependent on their site. If they do not get the convention center there, it would be a very downscaled project. The hotel would not go. If the city wants a convention center, that will be the vehicle that gets it here at no cost to the city. Restaurants would be drastically reduced. The mall would take longer to develop, and it would be harder to get people to come in. The schedule could be accelerated if the convention center were there. Councilman Harper asked what time frame they would want on a lease cost basis pay back? Mr. Williams stated 5-30 years. The city should look at what they would want to pay on an annual lease payment. The city would probably feel more comfortable with 15-30 years. Councilman Wilson stated that he finds this proposal exciting, but what if the development is not as rapid? Mr. Williams stated that they would have enough people committed that they could project very accurately. Councilman Wilson asked what kind of time frame they would need from the Council on this? Mr. Williams stated 30-60 days. Mayor Cook stated that the City Council had already announced that they would have a decision no later than February on a convention center and river project. They would like to work quicker, depending on the information of those who would be interested in working with the city on a public/private partnership. He commended them for thinking of Wichita Falls, and bringing this information to them. He invited them to join the Council in their work session following the Council meeting. 105 Item 14a, cont'd Scott Calhoun was introduced by Mr. Williams. Mr. Calhoun represents the lender, Independent American Savings. They are anxious to work with both Mr. Williams and Mr. Frase. Mayor Cook asked if he feels the financial aspect is there? Mr. Calhoun stated that it appears that it would be grand. They have been involved with Mr. Williams in Desoto Land Development. They have also been in the development business themselves; not only a lender. Item 14b Discussion was held on the river development waterfall project. Drawings were presented. The City Manager stated that this represents the work of Al Groves. The project before them is a three or four tiered construction. Later they would hope for a trail to link the falls and Lucy Park. It would cost about $223,000 to build the falls, complete with lighting and landscaping. To proceed at this point we would notify Mr. Groves. It would cost about $9,000 for final design plans. We need an endorsement from the Council , and authorize Al Groves to proceed with the design stage. Mayor Cook stated that the river development committee unanimously approved the concept presented by Mr. Groves. Streams and Valleys would be ready to go out on a major fund raising for this project. This is another public/ private ,development. Roby Christie stated that Streams and Valleys has had an interest in this project because of the impact it can have on our city. As a non-profit organization, they would like to assist in river development and the falls. Landscaping from the falls around to Lucy Park is not included in this project. Streams and Valleys would like to do this. They plan to run a fund raiser for about two months. It would be their goal to raise $220,000. Two Hotter N Hell committee members were introduced as Jo Alice Davis and Renae Christie, who presented a check to Mr. Christie for $8,000 to kick off the Streams and Valleys project to put the falls back in Wichita Falls. Mayor Cook urged people to participate with Streams and Valleys. Councilman Harper stated that he would like to have this ready by May 1 for a festival in June. The City Manager stated that plans are well along. Moved by Councilman Harper that the City Manager be authorized to call Al Groves for final specifications and drawings for bidding. Motion seconded by Councilman Palmer. Councilman Harper noted that Syd Gaines started a drive on this several years ago. Councilman Welburn suggested that we try for April 15, since things normally take longer than expected. Mayor Cook noted that this river development project is probably mis- understood. The river project will not flood because it is above the 100- year flood plane. Councilman Harper noted that we need something to try to stop some of the tourists that come through Wichita Falls. The motion was carried unanimously. Paula Phillips, . 3820 Old Iowa Park Road, appeared representing the Wichita County Horseman Community. They feel the City should take into consideration a facility to have a horse show, and place for livestock. They just want a place where they can be comfortable. She stated that a group in Lufkin purchased a facility with 12 acres for 4.8 million. It paid for itself in five years, and is now making a nice profit. Mayor Cook stated that they want to keep in perspective the agriculture business, trade shows, etc. Councilman Palmer stated that he would be interested in knowing what size they think they should have here. Both the Mayor and City Manager noted that they could addressthe types of facilities needed. Joe Pistocco, Treasurer of the BCI , appeared for Gary Shores, stating that they strongly support the construction of a convention center. He urged the Council to complete the project. They also endorsed the river development and waterfall . 106 Item 14b, cont'd Jack Connally, Texas Tourist Bureau, presented tourism figures for Texas. He noted that 37.5 million visitors came to Texas. Thirty- five percent were here on business. Over one million came through Wichita Falls, but not many stopped. They believe that we need the waterfall and convention center to stop these tourists, and give them some reason to stay in Wichita Falls. Coyal Francis, 3603 Cedar Elm, appeared as President of Midtown Now. He stated that they are committed to the river development and convention center. They strongly support the building of the falls. Julie Caddell , 2108 Hayes, appeared as Main Street Director. She supported the river project and convention center. The proximity of major hotels to the convention center will help insure the success of the convention center, and the convention center will help insure the success of the river project. She stated that the mall would be competing with the Main Street project. Judy Patterson, a commercial realtor with Merit Realtors, stated that if you have both a river project and a convention center, have them together. She stated that the three criteria needed to make a project successful are location, location, location. Larry Steele, General Manager of the Sheraton, stated that they firmly support everything they are doing. He noted that tourism is an invisible export. We are reaching sufficient hotel space to attract conventions, but we do riot have the convention facilities. Eighty- five percent of their occupancy has been comprised of the corporate traveler. Erik Umstattd, Manager of the Hilton Hotel , stated that we need to create new business to utilize the hotels. He supported the waterfall , the riverwalk, and the convention center. Item 14d The City Council recessed into executive session at 12:00 P.M. , according to Article 6252- 17, Section 2, Paragraphs (e) and (g) of the Revised Civil Statutes. The meeting reconvened at 1 :45 P.M. A Council work session was held on the convention center and river project. The Council afforded the opportunity to those in attendance to present any further information. The City Council adjourned at 3:05 P.M. PASSED AND APPROVED this �� day of 1985. Gar ZY7:1 Cook, Mayor ATTEST: Wilma J. ThomcYs, CMC, ity Clerk