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Min 01/21/1986 140 Wichita Falls, Texas Memorial Auditorium Building January 21 , 1986 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. 1 Gary Cook Mayor i Charles Harper Charles Thomas Lindsey Walker Councilmen Bill Palmer James Welburn James Berzina City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred L. Werner Chief Accounting Officer Craig Wilson Absent The invocation was given by Councilman Harper. Item 3 Councilman Harper noted that the word "spec" was misspelled on Page 135 of the minutes of the meeting held January 7, 1986. Moved by Councilman Harper that minutes of the meeting held January 7, 1986, be approved. Motion seconded by Councilman Palmer, and carried unanimously. Items 4a-7f Item 6a was moved to the regular agenda. Moved by Councilman Harper that the consent agenda be approved. Motion seconded by Councilman Palmer. Item 4a Bobby D. Bohanon, a Police Department employee, was honored as Employee of the Month for January. Mayor Cook presented him with a plaque, a City of Wichita Falls pin, and two tickets each to a theatre and dinner. Item 4b Roslyn Newell , an exchange student from Waikerie, Australia, presented a letter and gift to Mayor Cook and the City from the Mayor of her hometown in Australia, in recognition of our sesquicentennial . Her hometown is also celebrating its 150th year Jubilee this year. Mayor Cook read the letter from Mayor Oliver, representing a town of 4,750 people in South Australia, noting that it is entered into the minutes of this meeting. Item 5a RESOLUTION NO. 3-86 RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE A CONTRACT WITH FIRST STEP, INC. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, and Welburn Nays: None 141 Items 7a-f Minutes of the meeting of the Kemp Public Library Advisory Board held November 13, 1985, were received. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, and Welburn Nays: None Minutes of the meeting of the Youth Activities Advisory Council held December 4, 1985, were received. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, and Welburn Nays: None Minutes of the meeting of the Civil Service Commission held December 4, 1985, were received. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, and Welburn Nays: None Minutes of the meeting of the Mayor' s Commission on the Status of Women held December 5, 1985, were received. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, and Welburn Nays: None Minutes of the meeting of the Board of Electrical Examiners held January 9, 1986, were received. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, and Welburn Nays: None Minutes of the meeting of the Wichita Falls/Wichita County Public Health Board held January 10, 1986, were received. Ayes: Mayor Cook, Councilmen Harper, Thomas,Walker, Palmer, and Welburn Nays: None Item 6a Discussion was held on award of a bid for a lime slaker. Councilman Welburn asked where are we going to use this? The title says one thing, and the body of the memorandum says another. Mr. Bonett stated that it will be used at Cypress Water Plant. Moved by Councilman Thomas that the bid be awarded to ChemPac, in the amount of $22,965.00. Motion seconded by Councilman Palmer, and carried unanimously. Item 8a A public hearing was opened on matching grant application. No one desired to be heard. RESOLUTION NO. 4-86 RESOLUTION DESIGNATING CERTAIN CITY OFFICIALS AS BEING RESPONSIBLE FOR ACTING FOR AND ON BEHALF OF THE CITY OF WICHITA FALLS IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE PURPOSE OF PARTICIPATING IN THE LAND AND WATER CONSERVATION FUND ACT OF 1965; CERTIFYING THAT THE CITY OF WICHITA FALLS IS ELIGIBLE TO RECEIVE ASSISTANCE UNDER SUCH PROGRAM; AUTHORIZING CITY OFFICIALS TO MAKE APPLICATION, PROVIDE ASSURANCES AND EXECUTE GRANT AGREEMENT Moved by Councilman Welburn that Resolution No. 4-86 be passed. Motion seconded by Councilman Thomas. Councilman Harper stated that he had read that this is a competitive application, and that it should cost in the half million dollar range for a 4-field softball complex. If we ask for this amount, are we immediately putting ourselves out of the running for the grant? 142 I Item 8a cont'd. 1 City Manager James Berzina stated that he feels some of this can be reviewed after the site is selected. We can still reserve the right to make the applica- tion competitive. Mayor Cook stated that this is an authorizing resolution that we qualify under the funds, and authorize officials to act for the City. Counciilman Harper asked if we are going to be tied to the $965,000 figure? City Attorney H. P. Hodge stated that he did not think so, but he would not ° want to say categorically. Mr. Berzina stated that we could indicate that it would be up to $965,000. We could perhaps send minutes. Councilman Walker asked if during the time this application is being sent forward, could we not go forward with establishment of the complex until we hear from the State? Jack Murphy, Parks Director, stated that the complex would be pushed back at least six months until we hear from this application. He feels we could still construct the fields and be ready for play in 1987, even if we don't get it. He further stated that the first criteria is based { on the need for the facility. We may get all or part of it, or none at all . We would have three years to use the money if we get it. Councilman Palmer asked if we built the fields now, and put in for the money for a later date, would that impact our needs today? Mr. Murphy stated that it would. Councilman Harper stated that he feels we need two complexes in the city. He mentioned a nice complex in Gainesville. Mr. Murphy stated that a report calls for a complex somewhere in the city. The City does not have a plan on how many are needed per thousand population. Councilman Walker feels that we need to access the participation, and if others are needed, we could look at it later. Mr. Murphy feels that it would be good to consider complexes that would not have an effect on the neighborhood. Councilman Harper stated that we are only adding two new fields because we have taken up two for Holliday Creek. He further stated that he was involved in the church league program, sitting there as late as 11 :00 P.M. , until they all play, and he feels that is too long. Jack Murphy stated that there is a risk in getting grass growing during this growing season, but feels the risk is worth taking. If we know in June, we could advertise in July, and have October and November to get the fields established. Hopefully, by the next year they would have enough germination to get it started. Councilman Thomas asked if they could start dirt work now? Assistant City Manager Edward Barrett stated that once the site is selected, it would take 30-60 days to get the specifications out. By June 1 , we could have everything ready to go. They could go out to bid, and have them come in immediately after the Commission meets. Councilman Harper feels that if it is on a competitive basis, that some day it will come down to dollars. Mr. Murphy stated that once they engage an. architectural firm, they can gauge the figures properly. At this stage, they will fund the money which they have available. Councilman Walker asked if parking costs more than the facility itself? Mr. Murphy stated that it would. If we don't get the grant, or if we do, this will be the same kind of figures we would be dealing with. Mr. Barrett stated that if we don't get the grant, we may have to do it in phases. Councilman Palmer confirmed that we could be ready for 1987 in either case. Councilman Harper feels that we need to be ready to go as soon as we hear from the grant. He feels that one million dollars is too much to pay for it, and he would not be in favor of that much. Councilman Welburn asked about this tournament season, and what provisions are we making, if any? Mr. Murphy stated that we will havethe same opportunity for the public. We are shifting to Williams and Spudder Parks for league play this year. There is no outfield fence in Jalonick Park. That is why we are looking at Spudder Park. The people will just be driving to different locations for play. Mr. Murphy did not know whether the Parks Board had discussed the change of locations of play this year. They have discussed the complex. Councilman Welburn feels that we probably need two first rate complexes, as Councilman Harper stated. The City will provide to the players this year the best that we can, and let them know that under no circumstances will there be a complex this year. Jerry Walker, 4703 Reginald, stated that he has been involved in softball in Wichita Falls for many years. He stated that it is unreasonable and un- feasible to wait six months before we do anything. He noted that his sources 143 Item 8a, cont'd. state that you should allow for a year in getting the fields ready to play before you set foot on them. If we wait until June, we have shot this year, and also 1987. This comes from people who have had experience in building complexes. They spent $500,000 or less to build a complex in Midland. He feels it would be a fallacy to wait six months for word on a grant. He feels the Council should get on it immedately. They knew when the two fields were taken away at Hamilton that others would be needed. We should not have to pay more than others in the state. Midland built 400 parking spaces. They hosted the national tournament last year, and had no problems with the 400 parking spaces. He stated that we need an adult complex. We still need another complex to compliment Jaycee Park for kids' leagues. We have a need for more than just one complex. He suggested that a grant application be made, and put that together with other city money, and build a complex at Jaycee, also. Mayor Cook stated that these costs are estimated. He does not know about the complex in Midland. The point Mr. Murphy is making is that if you get the cart before the horse, you have negated the application. We do not want to jeopardize the grant application process. Jerry Walker stated that we need to get the fields planted in grass, and allow them enough time before playing on them. They want to replace two fields destroyed by the Holliday Creek project, and two others. Councilman Harper noted that he has been involved in several football stadiums around the state, with grass fields being put out in June. In most cases, they got them ready for fall play. People seem to play all year around. He asked if we couldn' t start some dirt work, and not violate our grant application? Mr. Murphy stated that he would have to check with the State. If we are going to build two complexes, we have to have that grant. If we do wait, there is a risk, and we may miss part of 1987, but keep in mind that we will still have fields to play on. Councilman Thomas stated that he does not think we have ever addressed the situation where the young ladies came down and asked for a diamond. Is there some way we can have another complex, or somewhere for them to play? Councilman Harper stated that this is what he was talking about. He feels we need two complexes. Councilman Walker was concerned with the need for speed in taking care of this complex. He feels that by putting if off for six months, we would be renegeing on some of the things they have committed to in moving at all deliberate speed. Jerry Walker stated that they do not plan to use Bridwell Park for play unless they have to. There is a need for additional fields. With this complex, all we are doing is putting us back where we were. It will be an improvement by having four fields all at the same place, instead of two at Bridwell , and two at Hamilton. Midland built theirs for under $500,000, and they have exactly what we want, including parking. Amarillo built two a few years ago for $300,000 each. Councilman Palmer would like to proceed immediately to replace the fields we need at this time, and consider the second complex later. He would like to go ahead with the grant application for the second complex, and go ahead with the first complex ourselves. Mayor Cook asked if we have current funding to build a four complex field? Mr. Berzina stated that they would take some out of Holliday Creek, and we would need $400,000-$500,000. They have heard consistently $1 ,500-$2,000 a space for parking. He would suggest that it be stage construction, and that we bid it in alternates. Councilman Harper stated that he had been told by Greg Frazier, formerly of Iowa Park, that he would build the same complex in Wichita Falls, as Midland has, for under $500,000. He stated that $800-$1 ,000 per space is not too far off for parking. Mr. Berzina stated that $400,000 to $500,000 is available for constructing this facility. Jerry Walker stated that he had been told by Mr. Wilson, and others, that funding for this complex is not a problem, and now we are being told that we need a grant. The Council confirmed that we have $400,000 to $500,000 for this complex. We do not know whether we have enough money for matching for the second one. Mr. Berzina stated that if we proceed today, we may or may not receive a grant. Jerry Walker named the playing fields that we have. 144 Item 8a, cont'd. He and Mr. Murphy agreed that 16 adult lighted softball fields are needed for a city our size. Mr. Murphy stated that these estimates are based on doing it at the highest quality. If there is a situation of having the money available, we need to look at other needs. The motion for passage of Resolution No. 4-86 was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, and Welburn Nays: None i ' Item 8b A public hearing was opened on a proposed softball complex location. Moved by Councilman Harper that a four-field complex be located in Scotland Park. Motion seconded by Councilman Walker. Councilman Harper wondered how many people live in that census tract? Roger McKinney stated that he could get that information. Louis Esquibel , 1317 North 6th, stated that his interest in being here today is the location and accessibility of these four ball diamonds. He feels it is time we are having something in the North area, not just the Scotland area, to give it life. He requested that this be taken into full consideration. Mayor Cook noted that the site in Scotland Park will require removal of certain facilities already in place in Scotland Park. The field is somewhat shorter. He also asked what this does for the Lucy Park plan? Mr. Murphy stated that they have not adopted a plan for this park. Due to a substantial number of trees in this park, visual use is more practical . Councilman Walker stated that Scotland Park does not strike him as a park, but what he sees there as he drives by are ball diamonds. It does not carry the aesthetic views which he has expressed. Councilman Welburn stated that he has used Scotland Park for lunching as an escape valve. He stated that it is very well used. He does not recall ever seeing it completely un- occupied. If we choose to put a softball complex there, he would like for us to retain as many of those neighborhood features as we can. Councilman Harper stated that there is a space in each corner next to the expressway, totaling about four acres, which will be left for a park site. He knows that the park is used, and he has seen most of them in the pool area. He stated that Gainesville has a complex of eight, which is very beautiful . He feels there is plenty of room in Scotland Park to retain the park atmosphere, as well as the softball diamonds. He would like to know what percent of people are 65 or older in this area. He was surprised at the petition opposing the use of Scotland Park for ball diamonds. He thought everyone wanted it. Jerry Walker stated that the softball teams and the Park Board have always held in esteem the right of the property owners in and around Scotland Park. He stated that Scotland Park has a great atmosphere for softball . They will lose a small pool and a few trees, but think of the advantages which will be gained. They want to retain the playground equipment as much as possible. If parking spaces can be facilitated, perhaps we can leave some of the things in there. At the community meeting held December 6 at Huey School , there were 25-30 persons in attendance. They came with a lot of questions. There were two people who objected to it. He stated that Johnny Goodman was opposed. After the meeting he was somewhat indifferent, but wanted to be left as a "no" vote. Mr. Berzina asked how many of those people lived in the Scotland Park area? It was thought that about 25 of them lived around there. Councilman Walker estimated that most of them left there satisfied with it. Lots of hard questions were asked. Jerry Walker stated that this opposition from Scotland Park did not arise until yesterday. He understands that the petition was passed around at a church, and no discussion held. He feels it is somewhat unfair in our democratic state to present it in such a manner. They gave them all the opoportunity in the world to stand up and give their opinions on the matter. Mayor Cook stated that it is not unfair that residents come forward at any time. 145 Item 8b, cont'd. Mrs. Moses, who lives on the corner of North 9th, stated that no one in the neighborhood knew anything about the meeting until two hours prior to the meeting. She stated that it will take the children' s playground. A group of about ten people have been making decisions about the neighborhood that they knew nothing about until now. Several children asked them yesterday - if they would have to play on the street. If it were not on a school day, this room would have been full of children today. Johnny Goodman, 1402 North 4th, stated that they do not want a softball complex built in Scotland Park. He stated that at the meeting in the Scotland Park area, there were five from the Parks Department and Newspaper, 4 kids, and four people came and left. A member of the park committee went into detail of why they needed the softball complex in Scotland Park. They were asked to consider if they would support it. Some voted for, and some against. Mr. Goodman read the petition presented to the Council , citing devaluation of property, increase in trash and litter from retail operations, noise, increase in traffic, difficulty in egress and ingress, parking problems, turn-around traffic, loss of numerous trees and shrubbery, loss of general aesthetic park, loss of family oriented park, loss of basketball and tennis courts, increased use of alcohol , etc. The petition is signed by 65 homeowners of the Scotland Park area. He stated that other sites could be utilized for a much larger complex. Councilman Walker stated that this area is predominately hispanic. He asked why there were not any hispanics on this petition? Mr. Goodman noted that they explained they did not want to get involved in it, or participate in it. Noel Romines, 4027 Gossett Drive, stated that everyone between Dallas, Amarillo, and Oklahoma City knows where the softball field is located in Wichita Falls. He would like to have the one predominant complex in Scotland Park. If it is moved to Jaycee Park, there is one street going to that park. Ninety percent of the youth play in this park. They deserve to be without any competi- tion with adults. There is a certain amount of drinking with adults. It will be of less hindrance to the City in Scotland Park than it would be in Jaycee Park. He wondered if people in the Jaycee or Kiwanis Parks area would be opposed. He stated that we do not need an adult softball park in that area. Jerry Walker stated that only one or two of the points Mr. Goodman presented have any validity. Opal Goodman stated that she has lived on North Fourth for 15-20 years. On any Sunday afternoon, Councilman Walker would see that there are numerous people playing football , basketball , and tennis out there. It is full all the time. She thinks the park was originally given to the city to be used only as a park. Hispanics have a big easter egg hunt every year. She asked if children would be able to use the fields, or is it just for adults? What does Mr. Romines think about children in the Scotland area playing baseball ? Councilman Walker stated that he never said anything against the utilization of this park. He was just speaking from his observation from the expressway. Syd Litteken appeared as President of the Jaycees , commenting on the fact that many citizens do not realize what parks will do to their neighborhood. When they realize what a large complex will do to their neighborhood they start asking if this is what they really want to do. He respects the people getting organized. The aesthetic value of Scotland Park will be destroyed. Children will not have grassy areas on which to play. Other parks have plenty of access. Some businessmen feel that Jaycee Park would be a good place to put it, for shopping, etc. He favors the parent/child relationship, stating that time with his children is very important to him. He believes that direct association with adult play benefits the community. This would allow the family to all be at the same place. There would be over-parking on access roads, etc. He would hate to see that the work done on Scotland Park will be obliterated. He feels the best location we have in the city for this complex is Jaycee Park. He stated that we do not now have a central location. There were no problems with children and adults, or traffic, at Jaycee Park for the chili cook-off. He requested that the Council consider the parking and future expansion in Jaycee Park. Councilman Harper asked if they committed to building an additional complex in Jaycee Park, would his statement be a strong as it is now? Mr. Litteken 146 Item 8b, cont'd. stated that it would be. He would hate to see Scotland Park destroyed by trying to push everything together. They need a complex where adults can be associated with their children in the same area. i Councilman Walker asked how many parking spaces there are at Jaycee Park? Mr. Litteken stated there are 540 spaces allocated, and suggested that there are more than 300 parking spaces scheduled throughout the park. He feels that parking is adequate for present activities at Jaycee Park. John Sheets, 4709 Augusta, commented on the perceptions of Councilmen Welburn and Walker at Scotland Park. He has noticed that Lucy and Scotland Parks are two of the lovely parks in Wichita Falls. Sometimes he and his wife enjoy lunching in Scotland and/or Lucy Park. He would think that work that is proposed would diminish greatly the amount of leisure areas in Scotland Park. His thoughts on the river development is creating something like San Antonio has. He would tend to think that dedicating this area to softball would be somewhat contradictory to this idea. To leave Scotland Park as it is would be much more consistent with the attitude the city has taken in developing the river area. Art McGinty, who lives on North Fourth Street, stated that it would seem to be a shame to destroy the park. He has been waked up by a loud speaker at 3:00 or 4:00 o'clock A.M. He picks up beer cans and trash on his lawn. Cars peel out. It does not seem right to cram this facility in this park. It is more reasonable to put it in Lucy or Jaycee Park where two complexes can be placed. Scotland Park is constantly used. There would have to be more earth moving in Scotland than Jaycee or Lucy Park. There are very few trees in Jaycee Park. There would be traffic blocking driveways, etc. This will only increase with five diamonds. Scotland Park will be destroyed. James Esther, a resident of East Lynwood, stated that the desire of East Lynwood is to improve itself. They are also looking at the greenbelt and other development coming into their area. He favored the activity of softball in Scotland Park. He believes that the building of this complex will complement the Sheraton, Hilton, and Riverwalk. Parks will not devalue the property. It will help improve the values of the property. They would like to see economic growth on their side of town. Everything is going to the other side of town. Eddie Tucker stated that he has been involved in softball for ten years. He feels like the most important thing is that the complex is built so that it is an asset to the community. If you put 5 fields in Scotland Park, you will be doing a disservice to the softball players, as well as the residents of the community. There is too much of a restricted area to put five softball fields there. Mrs. Monahan, YWCA Director, feels that a four-diamond complex at Scotland Park would not be the proper place. It will take away some of the diamonds for children. She suggested Jaycee Park. Lynn Dozier, Realtor and Jaycee, stated that we are comparing 234 acres to 28 acres. There is enough room at Jaycee Park to bring adults and children together, and yet have them completely separated. It is quite a hassle for families to be playing in different parks. He can see problems of having to move equipment from one part of town to another. Councilman Thomas asked why we have not considered Lucy Park more? Council- man Welburn asked why not build a complex immediately in Lucy Park, and apply for a grant to build a complex in Jaycee Park? The Jaycee Park facility would do what an athletic complex should do in allowing participation by various family members in the same vicinity. The Lucy Park area gives some use in the North part of town. Lucy would appear to be a compromise. Increased participation could improve the image of this park. We would probably not have exactly what anyone wants, but come close to the objective of doing what is best for the City of Wichita Falls. He agrees with Jerry Walker that we need a commitment that by this time we would be playing in a first rate facility. He has a horror of looking at Memorial Stadium, and no place for a quarter mile track. This would give everyone something that he or she wants. Jerry Walker addressed Lucy Park, stating that they looked at Scotland, Lucy, and the river development as a whole. They feel like by putting the complex in Scotland Park, they could keep their organized activity on that side of the expressway, and on the other side they will have a leisurely activity. All major festival events are held in Lucy Park. A problem with Lucy Park would be that there are three exits coming out of there. Two of 147 Item 8b, cont'd. them come through residential areas. You will see some of the same concerns in this area as has been expressed in others. Mayor Cook interrupted Jerry Walker, stating that they understand all he has said, but that Lucy Park also needs to be addressed. Mr. McGinty stated that of the three entrances to Scotland Park, two of them are also through residential areas. City Manager James Berzina stated that he is very much against taking Scotland Park, and making ball diamonds there. What he is really hearing is that we need a facility, but he has not heard why we should tear up the best looking park, with the exception of Bellvue Park, for that. He stated that he has been involved in building a softball complex. He believes that if you give softball players a map, they can find the facility. He cannot see tearing out 60-80 trees. We have other places to put ball diamonds, such as Lucy and Jaycee. Even though 5,000 people play softball , it should be noted that 95,000 don't. Councilman Harper requested that Sandy Goff explain to the Council what the Park Board has gone through on this matter. She stated that they wanted two softball complexes. The thing that the Park Board said all along is to have a softball complex that the adults can play in. A complex is also needed for youth. The important thing to the Park Board is that we have a complex, and move on it as quickly as possible. She would like to see them make a grant for the second complex. Councilman Welburn asked if the Park Board would resign if they decided to explore the possibility of a softball complex at Lucy Park? He feels they can handle the problems of ingress and egress. Mrs. Goff stated that they would not have a problem with it if they built two complexes, and have the adult complex at Lucy Park. Councilman Welburn asked if they could make it compatible for both adults and youth? He feels that with increased play and activity, they could have increased surveilance. Mrs. Goff stated that she feels they should have flexibility. There is nothing to say that youth cannot play in an adult complex when it is not being used for adult play. Councilman Harper stated that this is probably the hardest decision he has had to make since he has been on the Council . He is ready to go along with Councilman Welburn' s compromise. Councilman Palmer agreed. The motion for Scotland Park failed by the following vote. Ayes: Councilman Walker Nays: Mayor Cook, Councilmen Harper, Thomas, Palmer, and Welburn Moved by Councilman Welburn that we build a first rate four-field softball complex at Lucy Park, and immediately apply for a grant for an additional complex in Jaycee Park; construction at Lucy Park to begin as soon as possible so that playing surfaces are available as quickly as possible. Motion seconded by Councilman Palmer, and carried unanimously. The City Manager stated that they would put together a staff memo pertaining to scheduling. The City Council recessed at 12:00 P.M. , and reconvened at 1 :00 P.M. Item 9a ORDINANCE NO. 3-86 AN ORDINANCE MAKING AN APPROPRIATION FROM THE CERTIFICATE OF OBLIGATIONS TO THE ACCOUNT NUMBERS LISTED BELOW AND DECLARING AN EMERGENCY Moved by Councilman Thomas that Ordinance No. 3-86 be passed. Motion seconded by Councilman Harper. Councilman Harper asked for an explanation of the lengthy settlement process. City Attorney H. P. Hodge stated that it involved concrete lining of some ditches. He felt that $247,000 was an excellent settlement. 148 Item 9a, cont'd. The motion was carried by the following vote. 9 Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, and Welburn Nays: None 3 Item 9b s ORDINANCE NO. 4-86 i ORDINANCE AMENDING SECTION 14-24 OF THE WICHITA FALLS CODE OF ORDINANCES TO PROVIDE FOR REGISTRATION OF APPRENTICE ELECTRICIANS, SETTING A REGISTRATION FEE FOR SUCH APPRENTICES, ESTABLISHING SUPER- VISION REQUIREMENTS FOR APPRENTICES, AND PROVIDING A PENALTY FOR VIOLATION Moved by Councilman Palmer that Ordinance No. 4-86 be passed. Motion seconded by Councilman Harper. Councilman Harper explained that this has been a problem, and this way they will know that there is a journeyman on the job. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, and Welburn Nays: None Item l0a RESOLUTION 5-86 RESOLUTION APPROVING EXECUTION OF A CONTRACT WITH MBANK WICHITA FALLS SOUTHWEST WHEREBY SUCH BANK SHALL ACT AS A PARTICIPATING DEPOSITORY FOR CITY FUNDS Moved by Councilman Welburn that Resolution No. 5-86 be passed. Motion seconded by Councilman Palmer, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, and Welburn Nays: None Item 10b RESOLUTION NO. 6-86 RESOLUTION TO APPROVE ENGINEERING SERVICES CONTRACT FOR TOPOGRAPHIC MAPPING AND RELATED SERVICES Moved by Councilman Thomas that Resolution No. 6-86 be passed. Motion seconded by Councilman Harper. Director of Public Works George Bonnett explained that this will not necessarily reduce the size of the flood plain in all places. Councilman Thomas asked if it would be better to wait until Holliday Creek is finished? Mr. Bonnett stated that it wouldn' t; FEMA is contributing $50,000 toward this map. Councilman Harper asked if this is really engineering services? If so, it is illegal for engineers to bid services. City Engineer David Zelanok stated that the groundwork will be done by Biggs and Matthews. If we arrived at this company because they were the low bidder, where does this put us? City Attorney H. P. Hodge stated that whether they are engineers, or whatever, he believes it would be professional services. We are not required to take bids. If this is engineering services, and we made the choice on the low bid, he would feel that we would violate that statute. If it is not engineering, but is aerial mapping, he does not remember that it is covered by that statute. Councilman Harper stated that if it is not engineering services, then we have to go by the five percent law. Mr. Zelanok explained how they intend to proceed. The City Attorney will into it. 149 Item 10b, cont'd. The motion for passage of the resolution was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, and Welburn Nays: None Item lOc RESOLUTION NO. 7-86 RESOLUTION SETTING A PUBLIC HEARING FOR THE PAVING OF SPECIFIED ALLEYS AND DIRECTING STAFF TO PREPARE PRELIMINARY CONSTRUCTION COST ESTIMATES FOR SAID ALLEYS Moved by Councilman Harper that Resolution No. 7-86 be passed. Motion seconded by Councilman Welburn. Mr. Zelanok stated that they have been unsuccessful in getting funds from the citizens. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, and Welburn Nays: None Item lOd RESOLUTION NO. 8-86 RESOLUTION TO APPROVE CONTRACT WITH ENGINEERING CONSULTING FIRM FOR DESIGN OF UTILITY SYSTEM IMPROVEMENTS Moved by Councilman Harper that Resolution No. 8-86 be passed. Motion seconded by Councilman Palmer, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, and Welburn Nays: None Item lOe Discussion was held on a resolution directing certain lands to be sold by sealed bids. City Attorney H. P. Hodge discussed the property at 507-511 Seventh Street. He stated that this came up about donating the Littlest Skyscraper to the Heritage Society. He was concerned about the City being able to give it away. He stated that he has done a lot of research. Based on a couple of Attorney General 's opinions and a Court of Civil Appeals, if the City Council wants to donate it to the historical society, then if they should disband, the property reverts back to the City. Councilman Harper stated that he would not vote on this because he is on the Board of the Heritage Society, but he reserves the right to address it later, if necessary. RESOLUTION NO. 9-86 RESOLUTION DECLARING CERTAIN PARCELS OF REAL PROPERTY AS EXCESS AND DIRECTING THE LAND TO BE SOLD BY SEALED BIDS Moved by Councilman Palmer that Resolution No. 9-86 be passed, with deletion of 507-511 Seventh Street. Motion seconded by Councilman Thomas, and carried by the following vote. Ayes: Mayor Cook, Councilmen Thomas, Walker, Palmer, and Welburn Nays: None 150 Item 1Of RESOLUTION NO. 10-86 RESOLUTION GRANTING MUNICIPAL JUDGE AUTHORITY TO APPOINT INTERIM CERTIFIED COURT REPORTERS PENDING APPOINTMENT OF FULL TIME REPORTER, AND PROVIDING FOR COMPENSATION FOR COURT REPORTING SERVICES Moved by Councilman Thomas that Resolution No. 10-86 be passed. Motion seconded by Councilman Welburn, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, and Welburn Nays: None Item lla Moved by Councilman Thomas, for discussion, that the bid for a tire service body be awarded to Iowa Mold Tooling, in the amount of $8,396.00. Motion seconded by Councilman Harper. Councilman Thomas asked why the local bidder did not bid? Mr. Arndt, Purchasing Agent, stated that he did not receive the information from the supplier until after bids were opened. The motion was carried unanimously. Item llb Moved by Councilman Thomas that the bid for two police motorcycles be awarded to Kawasaki City, Irving, Texas, in the amount of $11 ,534.00. Councilman Thomas expressed his concern about warranty service from out of town. Motion seconded by Councilman Welburn, and carried unanimously. Item 12a RESOLUTION NO. 11-86 RESOLUTION APPROVING CHANGE ORDER #1 FOR THE HOLLIDAY CREEK EXCAVATION PROJECT PHASE ONE Moved by Councilman Harper that Resolution No. 11-86 be passed. Motion seconded by Councilman Palmer, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, and Welburn Nays: None Item 13a Moved by Councilman Palmer that award of bid for traffic controllers to Traffic Signal Equipment on September 3, 1985, be increased from 21 to 26 controllers, in the amount of $9,125. Motion seconded by Councilman Thomas, and carried unanimously. Item 13b Discussion was held on the proposed convention center and river development project. Larry Steele, Al Groves, and Judy Patterson appeared, stating that from Fifth Street to the river, and Scott Street to the Freeway, shows 56.5 acres which could be used. Thirty-four percent of it is city owned through streets, alleys, etc. Mr. Steele presented several possibilities of locating the 151 Item 13b, cont'd. building. Parking area will accomodate 4600 spaces. Mr. Groves also explained the project. Mayor Cook asked if they had had any estimates of land costs? Judy Patterson stated that they took one 16-acre tract, and found it was already 36 percent city owned. They estimated $1 .09 per square foot. They would need 21 acres on a new site, and they could get by with ten acres on this site. If you have to pay $4.00 a foot, it would cost $1 ,840,000. Parking would be $3.00 a foot. Larry Steele, stated that building costs would be ten and one-half to eleven and one-half million, subject to what purposes you want it to serve. Parking was broken out as a separate variable cost. Julie Caddell stated that she called some companies who provide parking garages for convention centers and coliseums. She stated that All-Right parking garages would provide a parking survey at their cost. Councilman Harper asked Miss Caddell if she would look at cities where convention centers have been built downtown? She stated that she talked to Beaumont, but not the executive director. San Angelo felt it did not have an effect on the downtown. A conven- tion center downtown would not be the answer to revitalization alone, but it could be very beneficial . Al Groves stated that we are talking about six million for channels for the river project, and a twenty-two million total cost. Larry Steele stated that concert seating would be 6000-6500. He suggested that we get the land necessary for the convention center and river development project. Mr. Groves did not think we would have to purchase the whole 56 acres. Mayor Cook noted that if the City only used 25 acres for the site, how much land would be open for private development? Mr. Groves stated that if you take out five acres for the channel , he estimated that 30 acres would be available for redevelopment. The use might be changed on some of the land. Mayor Cook asked what kind of developer would he see coming in and developing the remainder? Mr. Groves stated that it would depend on how the project is formulated. His opinion was that a developer would come in and do five to six acres of that. He would see interest coming from moderate- sized developers coming in. You are not going to put a shopping center downtown. Activities could be coordinated with boutiques, shops, restaurants, etc. He stated that the La Hoya Group is an example. They are doing the Waco project. Another example is a group out of Dallas who did the Hemisfair project in San Antonio. It would be people of that type who would come in. Mayor Cook stated that part of his concern is that he thinks the City would also have to purchase the remainder of the acreage in order to facilitate some developments. If you could leave that open then it would possibly escalate to an unbelievable price. It may halt some development unless maybe it was all done at one time. The reason he was asking is if the City bought just the land needed for the civic center, and just the land needed for the riverwalk area , and then began construction, he hastens to ask what the land cost would do in and about that area itself? Would that not be a deterrent because of the price of maybe keeping out some of the desired redevelopment, because you have to have that. The areas that now exist could not continue without being a real eyesore with what you would be doing on the 15-20 acres. Mr. Groves stated that if the City would buy sufficient property to be able to develop their facilities, and the buffer necessary, he does not think it would be necessary to buy the entire 56 acres. He stated that he is not so sure that it won' t be healthy to let that land stay, and let it appreciate and let private sector come in and pay the going rate for the property we are developing. That is what is happening with the City on the expressways. If they built the expressway, and the property was sub-standard on either side, but now it is appreciating, it is now becoming more valuable, and the private sector is coming in and developing that. As long as the City has the overall plan, and have control of the area so that you can guide and direct the development process, then he believes we would be safe. Mayor Cook's concern would be the visual corridor problems with what already exists. It is slow to evolve into redevelopment, but he thinks in the area we are talking about here, we are trying to create sufficient density, traffic, and activities, that we are really going to need to address those visual corridors more quickly than you would in a normal redevelopment zone, simply because the area is so compact, and in the plans submitted here it 152 Item 13b cont'd. is in the walk plans of the two major hotels. You are almost forced into I redevelopment aspect, or at least a purchase and clearing of that land so that it is not an eyesore, a crime area, or a route of old abandoned buildings awaiting some private developer. Mr. Groves stated that you have to take those corridors into consideration, but he believes there are other pieces and pockets within there that could wait for the private redevelopment to take effect. Mayor Cook asked if there are developers who can come in, and pay these type of prices to bring in the development needed? Mr. Groves answered in 1the affirmative. Unless you go in at the beginning with a developer, you will not get one to come in at this stage with a plan that fills the whole 56 acres. i Lisa Prothro appeared as head of the BCI Convention and Tourist Bureau. She explained why it is hard to get people to come here for a convention. One problem is air service. There is also a lack of notable attractions. You have to give them some razzle dazzle. She thought the City would perhaps be receiving 1000 bids. Councilman Harper asked if she ever gets asked about liquor by the drink? She stated that it has been mentioned by about two people. Wichita Falls loses to Lubbock, Beaumont, and Corpus Christi . Councilman Palmer asked about walking distance? It was noted that 5- 6 blocks are considered in the day time. We would need more bus service. Item 13c Hank Khanlar appeared, stating that he is having a problem with getting a license for air conditioning service. They are not able to get a permit because they do not have a state license. Mayor Cook noted that the law became effective during 1983. Mr. Khanlar noted that being last is an option a person can exercise. Mayor Cook noted that you have to understand that other contractors in the city did get their license. At some point there has to be a cutoff. It is now January 1 , 1986. The policy has to be administered equitably. Mr. Khanlar stated that it is not his fault. He cannot stop working without going out of business. Planning Director Roger McKinney noted that the State indicated that they had a lot of trouble testing people because of a late rush. He asked for a letter indicating what their position is. The State did say that if they had an application on file they would not enter into litigation. This, however, does not permit the City to do this. He feels they would be concerned about people doing work without a permit. They could not bid on new jobs. Mr. Khanlar stated that they do most of their work in new construction. Councilman Harper asked how long he had been in business here, and Mr. Khanlar stated fifteen years. Councilman Harper again asked how he could delay getting his license? Mr. Khanlar stated that he had a test set for February. If he fails the test he will be back to the same spot. Councilman Walker asked how many other people are in this category? Mr. McKinney stated that to his knowledge there are at least five who have not taken the examination. Twenty-two have qualified for their license. The City Council did not choose to waive the requirement. Councilman Palmer stated that he would not know where to stop if they did. Items 13d,e The City Council recessed into executive session at 2:45 P.M. , according to Article 6252-17, Section 2, Paragraphs (e) and (g) of the Revised Civil Statutes. They reconvened at 5:10 P.M. Moved by Councilman Thomas that James Welburn be appointed to the Sheppard Air Force Base Community Relations Council . Motion seconded by Councilman Palmer, and carried unanimously. The City Council adjourned at 5:15 P.M. 153 PASSED AND APPROVED this 0,7Xv day of l,r� 1986. y . Coo Mayor S .ATTE T• /Wilma J. Tho as, CMC, City Clerk