Min 02/18/1986 176
Wichita Falls,
a s, Texas
Memorial Auditorium Building
February 18, 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.
Gary Cook Mayor
Charles Harper
Charles Thomas
Lindsey Walker Councilmen
Bill Palmer
Craig Wilson
James Welburn
Edward Barrett Assistant City Manager
H. P. Hodge, Jr. City Attorney
Wilma J. Thomas City Clerk
Fred L . Werner Chief Accounting Officer
The invocation was given by Larry Nicholson, Wesley United Methodist
Church.
Item 3
Moved by Councilman Thomas that Minutes of the meetings held January
28, and February 4, 1986, be approved.
Motion seconded by Councilman Welburn, and carried unanimously.
Items 4a-7a
Item 4a was moved to the regular agenda.
Moved by Councilman Palmer that the consent agenda be approved.
Motion seconded by Councilman Wilson.
Item 5a
RESOLUTION NO. 19-86
RESOLUTION CALLING REGULAR CITY ELECTION FOR APRIL 5, 1986, AND
NAMING ELECTION OFFICIALS AND POLLING PLACES
Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and
Welburn
Nays: None
Item 5b
RESOLUTION NO. 20-86
ACCEPTING THE PROPOSAL OF THOMAS AND CHAMBERS TO PERFORM A COMPRE-
HENSIVE EVALUATION OF THE HEATING, VENTILATING, AND AIR CONDITIONING
SYSTEMS OF THE HEALTH DEPARTMENT FACILITY
Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and
Welburn
Nays: None
Item 6a
The bid for high pressure sodium lamps was awarded to People' s Electric,
in the amount of $2,399.28, and to United Electric, in the amount of $6,745.50,
for ballasts.
177
Item 6a, cont'd.
Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and
Welburn
Nays: None
Item 7a
Minutes of the meeting of the Mayor' s Commission on the Status of Women
held January 9, 1986, were received.
Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and
Welburn
Nays: None
Item 4a
ORDINANCE NO. 13-86
ORDINANCE AMENDING ARTICLE IV, SECTION 5-23 OF ORDINANCE 63-85
TO PROVIDE FOR THE IMPOUNDMENT AND DISPOSAL OF VICIOUS ANIMALS
Moved by Councilman Harper that Ordinance No. 13-86 be passed.
Motion seconded by Councilman Wilson.
Councilman Harper asked about situations which exist in various parts
of town where people let dogs loose in their own yards, and they dig up flower
beds in other yards. He stated that three people have called him about this
in the last two weeks. Dr. Cox stated that this has been a problem for quite
a while, and that is the reason they were not in favor of verbal control .
It is difficult to prove that it is the same animal unless the neighbor is
willing to swear out a complaint. They also have to get a seizure warrant
if the person won't give up the animal . Councilman Harper asked if the problem
is in the verbal control provision? Dr. Cox explained the ordinance provisions.
Councilman Thomas asked if the complainer would sign a complaint, would that
be satisfactory? Dr. Cox stated that it would be if they also identified
the animal . Councilman Harper asked if there is anything we need to do with
the ordinance to make it simpler? He asked that the City Attorney and Dr.
Cox look at it. He also asked what is meant by dangerous and vicious
propensities? Dr. Cox stated that is means showing tendencies to be mean
and vicious.
The motion was carried by the following vote.
Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and
Welburn
Nays: None
Mayor Cook noted that when the ordinance was passed, Councilman Walker
was not on the Council , but most of them desired that the verbal control pro-
vision be placed in it, and he does not think it would be worth their time
to look at it. Councilman Harper requested that he take a look at it, and
make a recommendation.
Item 9a
ORDINANCE NO. 14-86
AN ORDINANCE AUTHORIZING THE SALE OF ALCOHOLIC MIXED BEVERAGES
FOR ON-PREMISE CONSUMPTION
Moved by Councilman Harper that Ordinance No. 14-86 be passed.
Motion seconded by Councilman Thomas.
City Attorney H. P. Hodge stated that the mechanics of handling this
was brought to his attention. Our zoning ordinance is silent about mixed
beverages. So was the old alcoholic beverage ordinance. The zoning ordinance
will need to be amended to speak on it because it is now silent. To go through
all the procedures of amending the zoning ordinance may take two months.
If someone came in and demanded the right to sell mixed beverages, the ordinance
is now silent on it. It was his suggestion to Planning that the City Council
178
Item 9a, cont'd.
adopt an ordinance addressing mixed beverages. It could also create another
sticky point if someone did not want to allow the sale of mixed beverages
in certain areas. Roger McKinney stated that the requirements of separation
from churches and schools will still have to be complied with.
The motion was carried by the following vote.
Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and
Welburn
Nays: None
Item 9b
ORDINANCE NO. 15-86
ORDINANCE ADDING SECTION 7-33 TO ARTICLE III OF THE CODE OF
ORDINANCES, PROVIDING REGULATIONS FOR THE TRANSFER OF OWNERSHIP
OF STRUCTURES DECLARED TO BE HAZARDOUS; DECLARING AN EMERGENCY
Moved by Councilman Harper that Ordinance No. 15-86 be passed.
Motion seconded by Councilman Palmer.
Councilman Harper asked if this will do everything we want it to do?
City Attorney H. P. Hodge stated that this ordinance was fashioned after one
in Fort Worth, and it has worked well there. He feels it will take care of
the problem. Councilman Wilson asked what the penalty is? Mr. Hodge stated
that it is $200 a day fine, and each day is a separate offense.
Councilman Thomas noted that the title companies cannot find wherek it
has been red-flagged. Assistant City Manager Edward Barrett stated that the
biggest problem we have is that a person buys property and takes possession
before a lien has been filed. Councilman Thomas wondered if we could put
them on notice that something is working on that property? Mr. Barrett stated
that he could provide a list of demolition notices to the Tax Department.
Councilman Thomas also mentioned alley assessments. The City Attorney
stated that we have been filing them with the County for several years.
Councilman Harper mentioned buying a piece of property that he did not
know that an assessment was owed for a year after he purchased it. Now he
has to go back to the previous owner. Mr. Hodge stated that he believed that
transaction took place before we started doing this.
Councilman Thomas stated that the list he is providing is great for the
City, but the problem is in the title company not being able to find it.
Mr. Hodge stated that he overlooked the purchaser not knowing that something
is pending on it.
Councilman Wilson stated that constructive notice to the buyer,
particularly, and the seller, is the problem. Councilman Thomas stated that
surely we can tag that property to say that there are some other actions against
that property so the title companies can go farther than the tax department.
Assistant City Manager Edward Barrett stated that there is somewhat of
a misunderstanding on the alley paving. It is not something that goes with
the ownership of the property, but who is taking the service. Councilman
Thomas noted that when someone else turns the water on, it is money out of
their pocket. Mr. Barrett stated that no sanitation rates are charged if
they are not taking water. City Attorney H. P. Hodge stated that the title
company will see this on alley paving or refuse assessment.
Mayor Cook stated that this ordinance places the burden on the seller.
It is the desire of the Council to aid the buyer in being aware of these
situations .
The motion for passage of Ordinance No. 15-86 was carried by the following
vote.
Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and
Welburn
Nays: None
179
Item 9c
ORDINANCE NO. 16-86
AN ORDINANCE REZONING 15 ACRES OUT OF A. R. COLLINS SURVEY, A-414,
WICHITA COUNTY, TEXAS, FROM SINGLE-FAMILY RESIDENTIAL, STANDARD
LOT (SF-2) TO MULTI-FAMILY RESIDENTIAL (MFR) ZONING DISTRICT
Moved by Councilman Palmer that Ordinance No. 16-86 be passed.
Motion seconded by Councilman Wilson.
Planning Director Roger McKinney stated that the restrictions would be
filed in connection with this. The agreement is private between the developer
and Sheppard Air Force Base.
The motion was carried by the following vote.
Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and
Welburn
Nays: None
Item l0a
RESOLUTION NO. 21-86
RESOLUTION APPROVING THE REVISED APPRAISAL OF PARCEL #63 FOR THE
HOLLIDAY CREEK CHANNEL IMPROVEMENT PROJECT, RE-SETTING JUST COMPENSA-
TION, AND AUTHORIZING PURCHASE OR CONDEMNATION
Moved by Councilman Welburn that Resolution No. 21-86 be passed.
Motion seconded by Councilman Harper, and carried by the following vote.
Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and
Welburn
Nays: None
Item 10b was deleted.
Item lla
RESOLUTION NO. 22-86
RESOLUTION AWARDING CONTRACTS FOR OPERATION OF CONCESSIONS IN SPUDDER
PARK AND WILLIAMS PARK FOR THE 1986 SEASON
Moved by Councilman Welburn, for discussion, that Resolution No. 22-86
be passed.
Motion seconded by Councilman Wilson.
Councilman Walker noted that there is a difference between gross and
net, and he wondered if the bidder was confused?
Moved by Councilman Welburn that this matter be tabled to see if the
bidder understands what she is proposing to do.
Mayor Cook asked if that would be a problem in allowing a bidder to change
a bid? City Attorney H. P. Hodge stated that there are certain circumstances
that someone can revoke their bid. We would contact the bidder, and ask if
she understands that this is gross sales. If she does, it will be brought
back to the Council for approval . If she does not understand, she can revoke
her bid. She could not change it. If the Council passes it, subject to her
understanding, then they could go ahead.
Parks Director Jack Murphy stated that this is the same bid form that
was used last year. The bidding procedure is always gross. Councilman Wilson
noted that they pick and choose the times they want to operate there, so we
may get 50 percent of nothing. Mr. Murphy stated that they require them to
stay open during their games . She has operated this in the past.
180
Item Ila, cont'd.
Councilman Walker stated that he had talked with her, and he did not
get a very clear understanding that she understands the total ramifications
of it. He further noted that she had the cleaning of the park last year,
and this has now been given to someone else. Dorcas Chasteen stated that
Mrs. Pope had run Williams Park concession stand prior to the maintenance
contract, and it was always bid on a percentage of the gross.
Councilman Welburn withdrew the motion to table.
The motion was carried by the following vote.
Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and
Welburn
Nays: None
Item llb
RESOLUTION NO. 23-86
AWARD OF BID FOR ASBESTOS REMOVAL AT THE POLICE HEADQUARTERS BUILDING
Moved by Councilman Wilson that Resolution No. 23-86 be passed.
Motion seconded by Councilman Palmer.
Councilman Palmer expressed his concern about the wide variance in the
bids. The Police Chief stated that a government document states that they
should be able to get it done for from $4.00 to $6.00 a square foot. This
bid is about $3.00. It is very close. Assistant City Manager Edward Barrett
stated that the architect stated that bids normally come in between $3.00
and $9.00 a square foot. We have one on each end. All federal requirements
have been included in this contract. They have done work in the past.
The motion was carried by the following vote.
Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and
Welburn
Nays: None
Item llc
I
RESOLUTION NO. 24-86
RESOLUTION ACCEPTING BIDS FOR CERTAIN PARCELS OF EXCESS REAL PROPERTY
AND AUTHORIZING THE EXECUTION OF DEEDS
Moved by Councilman Wilson that Resolution No. 24-86 be passed.
Motion seconded by Councilman Harper, and carried by the following vote.
Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and
Welburn
Nays: None
Item lld
RESOLUTION NO. 25-86
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH WALLACE
AND RAUB CONSTRUCTION COMPANY FOR REVISIONS TO THE POLICE HEADQUARTERS
BUILDING FOR COMMUNICATIONS AND EMERGENCY OPERATIONS
Moved by Councilman Harper that Resolution No. 25-86 be passed.
Motion seconded by Councilman Thomas, and carried by the following vote.
Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and
Welburn
Nays: None
181
Item Ile
Bids were considered for a hydraulic excavator for the Street Department.
It was recommended that the bid be awarded to Plains Machinery Company in
a total amount of $98,693. Councilman Harper asked if this Plains Machinery
Company was from Lubbock? Mr. Arndt, Purchasing Agent, stated that it wasn't.
This is a different type of equipment. Traffic Director Robert Parker stated
that they did a lot of research and work on this. Mr. Parker noted that the
number 6 bidder met specifications. Councilman Wilson stated that it appears
from the commentary that only one in six met the specifications and that we
have speced them out. Mr. Parker explained that they asked for gross horsepower.
He also mentioned several specifications which other bidders did not meet.
Councilman Walker asked if the specifications they put in are based on the
equipment we are now using, and Mr. Parker stated that it is. They have had
good experience with this machine.
The bid was awarded to Plains Machinery Company, in the amount of $98,693,
by the following vote.
Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and
Welburn
Nays: None
Item 12a
RESOLUTION NO. 26-86
RESOLUTION TO APPROVE CHANGE ORDER NO. 2 FOR CONTRACT B, CYPRESS
TREATMENT PLANT EXPANSION PROJECT, ACCEPT THE PROJECT AS COMPLETE,
AND AUTHORIZE FINAL PAYMENT
Moved by Councilman Harper that Resolution No. 26-86 be passed.
Motion seconded by Councilman Wilson, and carried by the following vote.
Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and
Welburn
Nays: None
Item 12b
RESOLUTION NO. 27-86
RESOLUTION TO ACCEPT THE BARNETT ROAD UTILITY RELOCATION PROJECT
AND AUTHORIZE FINAL PAYMENT
Moved by Councilman Wilson that Resolution No. 27-86 be passed.
Motion seconded by Councilman Palmer, and carried by the following vote.
Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, Wilson, and
Welburn
Nays: None
Item 8a
G'Ann Martin appeared as Chairman of the Library Board. She explained
that they have set up some goals for the library. She presented them to the
Council , stating that their immediate goals are to establish a closer relation-
ship with the MSU Library, including honoring each other' s library cards.
They will try not to duplicate the computerized research services of MSU at
a branch library, if one is built in the Southwest part of town. They also
plan to stress media coverage of library services. They would also like to
accept a donation of land from Robert Seabury for a library to be built on
that land. He has offered an additional .69 acres, subject to his partner' s
approval , if the City will build a library on this land within five years.
The two to five year goals presented by Mrs. Martin include the development
of other branch libraries in the city, using existing high school libraries
as the physical locations. They include Rider, Hirschi , Wichita Falls, and
Washington Schools.
182
Item 8a, cont'd.
Councilman Wilson stated that staffing and inventory costs are needed
by the Council . Mayor Cook asked if they have checked into this? Mrs. Martin
stated that they are checking into it, and Mr. Harper also knows some people
who can give us a step by step method of the next fifteen years in bringing
it up to what we need in Wichita Falls, and at the same time put a price tag
on it.
Mayor Cook expressed appreciation to the Library Board for the many hours
they spent on it. He noted that the staff can work with us in the computer
area. Acceptance of land from Mr. Seabury would have to be on a contingency
basis that we could finance such a construction. We cannot accept it without
some other considerations.
Assistant City Manager Edward Barrett stated that the contract would
be between the City and the consultant. He would like the Library Board to
be involved in working with the consultant in input needed. Councilman Harper
felt that the Library Board, staff members , and Council members should meet
with the consultants.
Councilman Walker noted that they have no intention to duplicate the
services of MSU, yet they propose to build another library in the same area.
Mrs. Martin stated that MSU does not offer light, easy reading, etc. They
are not oriented in that phase. You would go to MSU for research. With a
branch library, they would appeal to the clientele of taking their children
to the library.
Moved by Councilman Palmer that the Council receive the goals of the
Library Board, and authorize them to begin working with the staff to implement
procedures to address specific targets on a computer, and donation of land
by Mr. Seabury.
Motion seconded by Councilman Wilson.
Mr. Barrett stated that the Legal Department would work up the documents,
and come back to formally accept it.
Councilman Harper stated that he feels we need both pieces of property,
and both tracts should have the reverter on it.
The motion was carried unanimously.
Other Library Board members in attendance stood up. Mr. Barrett com-
plimented them for their efforts.
Item 13a
Discussion of the proposed softball complex was held. Mayor Cook stated
that the Council is aware of the various groups interested in these various
parks, and this matter has been looked at and concentrated on by the Council .
In the interest of time, they would like to hear only new information, and
that remarks be brief.
Betty Murphy, 101 Lakewood Drive, represented Lucy Park property owners,
stating that they are opposed to it. A petition opposing the softball complex
was presented to the Council on February 4, 1986, signed by 265 persons.
She again mentioned that noise, traffic, and trash would decrease property
values. She stated that the Patton and Englewood Additions do not want the
softball park there. The quality of life would be decreased. Lucy Park was
not there when they built their homes. They were told that it would remain
a natural park. She stated that flooding is always a problem, and that bleachers
will be placed in an area where flooding is the worst. After a flood it takes
days and weeks before it is dry enough for children to be playing. Police
would have difficulty moving traffic in and out. She stated that there are
many senior citizens in their neighborhood. The overwhelming majority of
them do not want a softball complex in Lucy Park under any circumstances.
She presented other signatures to the Council of those who do not want the
ball park in Lucy Park. Protestors stood up.
Councilman Harper asked Mrs. Murphy if they know what is being proposed?
She stated that she brought this up, and the residents were not interested
in reviewing anything about the proposal . All they are interested in is that
they do not want it.
183
Item 13a, cont'd.
Councilman Harper stated that he had received calls from people in their
neighborhood who did want it. Mayor Cook noted that he had received one call
from someone in opposition to her position.
Councilman Wilson asked how many days a year is the street access, not
through the neighborhood, subject to closure, and what is the elevation of
the proposed site for flooding? Jack Murphy stated that he thinks the road
has been closed one time during the past eighteen months to two years. It
was closed several days because of the road base. David Zelnok, City Engineer,
stated that it could be closed two or three days a year. It was noted that
a majority of the softball field would not be affected by the flooding. If
it were closed to high water, Mr. Murphy feels that the water would need to
be off two or three days before they could play on it. He stated that the
seating area would be in the general area near the swimming pool and restrooms.
Councilman Harper stated that what he knows about it is not near what
Mrs. Murphy thinks it will be. Mrs. Murphy stated that she does not want
it.
Jerry Walker, 4703 Reginald, stated that he would like to emphasize the
fact that there has not been a presentation made to the Lucy Park people.
He feels the softball complex should be at a place where it will be satisfactory
to participants of the softball program. He commented that some of the people
stated that if they had known many of these factors, they probably would not
have signed the petition. He noted that Councilman Thomas is working with
the Highway Department in trying to get a bridge across the river near the
Texas Tourist Bureau. He understands that the State and Federal would provide
the funding for a bridge across the river. They have offered to meet with
those people, and show them what they intend to do with the complex. They
will not be any more inconvenienced than the people are at Jaycee Park by
the programs there. We are talking about the same distance in both neighbor-
hoods. It depends on what you are after as to what you can do with petitions.
The fields are going to be a great distance from them. The bleachers will
be in the center of the complex.
Mayor Cook asked Mr. Walker to restrict his remarks. He has already
spoken for ten minutes. Mr. Walker replied that he feels communication is
important. He stated that the open and recreation mens ' group leagues favor
Scotland or Lucy Park. He stated that it will be more expensive to build
in Jaycee Park because it is in the flood plane. It is also a youth oriented
activity. We would take some of the fields from them that they are now using.
He feels the Jaycees ' request is selfish in the use of the park for the chili
cookoff.
Louis Esquibel , 1317 North 6th, stated that they have 150-200 people
over there who would like to have the complex in Scotland Park, and a few
that don't want it. He stated that he was involved in softball in the city
several years ago. He stated that it is time for the city to progress. We
should put it where it is needed. It would be better lighted in Scotland
Park. It might create an incentive for people to fix up their homes. He
presented a petition from persons in favor of the ball park at Scotland Park.
He noted that debris is cleaned up the next day by the Park Department. They
would like to see some recreation facilities in this town.
Johnny Goodman, 1402 North Fourth Street, stated that 64 homeowners signed
a petition that do not want a softball complex in Scotland Park. There are
many renters in the area . Scotland Park is not large enough. It is a visible
park from the various highways that go through town. It would no longer be
a place for the people of the city to enjoy if a softball complex is there.
They are not against a complex in the city, but they do not want it there.
Syd Litteken presented a proposal of what they have in mind for Jaycee
Park. If the complex is moved away from the road, it seems that it would
solve everything they have talked about. There are plans now to clean up
the banks of the lake, and build up the elevation of diamonds so that it will
not flood. Dirt is on the site. He noted that Kiwanis Park could be updated
for overflow. He feels Jaycee Park is the best site. They have 340 signatures
which state that this is a good place to put it. They could provide fencing
back in the park, and the area could be used by various groups.
184
Item 13a, cont'd.
Steve Walker, 5309 Montreal , stated that the city and the Council need
to look at what this facility is for. It is for softball , and 3500 participants
who play in this city. A majority of these people want the complex in Lucy
or Scotland Park. He feels they should be considered very deeply when they
make their decision. You can't please all the people all the time. We need
to look at what is best for the people who participate in this activity.
Barry McGovern, who came here from Minnesota, stated that he had been
a manager and player for 18 years. He feels this town needs a softball complex
i of some kind. Where you put it is the problem. He does not care for Lucy
or Scotland because of traffic, floods, etc. He would vote for Jaycee Park,
but wherever they put the park, he will play in it. Softball is a good physical
activity, and involves a lot of people.
Josie M. Pope, 103 Paradise, noted that it is very hard to get teams
together because of the location. They do not have enough kids together in
school zones to play in these parks. She requested that they consider Scotland
Park.
Parks Director Jack Murphy stated that he had already made a recommendation
for Jaycee Park. He presented the advantages of Lucy Park, which would be
his second recommendation. It could be developed to make better use of the
open space. His third choice would be Scotland Park. It would be changed
from open use to a specific use.
Mr. Murphy looked at the proposal to put four complexes at both Lucy
and Jaycee Parks. He feels that city use should be a higher priority than
private use. It looks as though there is no need for expanded use of youth
groups. The YMCA requested the use of ten fields for youths. He suggested
that they use the ones they already have in Jaycee Park, rather than Lucy
Park. The State will not give us money for a complex if they know we are
already building one. He suggested that we redesignate 9 and 10 for adult
softball , and drop youth use. He recommended a four field complex be built
in Jaycee Park, and it will still give us two fields for the youth.
Mr. Barrett noted that if softball fields are used by 3500 people, we
may be overlooking the park use for other activities in the city. We may
need to take a more balanced look at the use of the parks. He suggested that
we look at the grant for Jaycee Park for a four-field complex, and that we
be ready to go at the next meeting.
Jack Murphy stated that he is much in favor of heavy landscaping, no
matter where it is placed. Jaycee Park has one of the greatest resources
for development, with water. It would not interfere with future plans for
Jaycee Park.
Councilman Harper asked what it would do to the plan when we get our
money from the federal government to build Lake Wichita Dam? Mr. Murphy stated
that it would make it less likely for flooding. City Engineer David Zelenok
stated that the Corps of Engineers designates a portion of the park for borrow
material . It would deepen the lake in that area, which would reduce the park
area. Mr. Murphy does not think it will have an impact on the complex.
Councilman Harper noted that he very strongly hears softball people plead
for either Lucy or Scotland Park. He very strongly hears Lucy Park people
plead not to have it there. He stated that he has a friend who had his back
broken by a hit and run driver in Lucy Park two weeks ago. He hears that
Lucy Park is a no man' s land, and he hopes that a softball diamond would cause
these people to leave this area. He wonders if the bridge will be a reality.
Councilman Welburn stated that in the original proposal , he feels compelled
to make some comments about it. He might admit to being selfish in a good
way. Based on his service on the Park Board, he feels a commitment to provide
a first rate softball complex. A month ago we had an opportunity to proceed
and achieve that in time for next spring 's season. He feels the City needs
the complex. By continued delay, we are placing the idea of the complex itself
in jeopardy. It has been a concern of his that we are magnificient starters,
but we don't do all that great as finishers. We need to start, and make some
conclusions. Having no desire at all to inflict anything without just cause
on anyone in the community, he is going to stick by his decision to go ahead
with their plans to construct the ballpark at Lucy Park. He has not heard
anything in the last two meetings that he had not considered before. He is
going to try to convince three people to support his conviction.
185
Item 13a, cont'd.
Moved by Councilman Welburn that we build the softball complex in Lucy
Park, and that we bypass the state grant as we had intended to do, primarily.
Motion seconded by Councilman Wilson.
Councilman Harper stated that he feels these people need to have a look
at what we have proposed out there. He moved that the matter be tabled for
two weeks until they have the time to look at what is proposed. The motion
died for lack of a second.
The motion to build the softball complex in Lucy Park failed by the
following vote.
Ayes: Councilmen Walker, Wilson, and Welburn
Nays: Mayor Cook, Councilmen Harper, Thomas, and Palmer
Moved by Councilman Palmer that we consider building the softball complex
in Jaycee Park, using the state grant.
Motion seconded by Councilman Thomas.
Councilman Walker expresed his concern about the Council 's discussion
on the park situation. He is also concerned about the vacilation which is
occuring in the Council , and the haves and have nots. He plans to be on the
Council two years, and make sure that the voices will be heard who have not
been heard before. He stated that he is opposed to Jaycee Park because there
has been a decline in interest in the North and East of the town. Some day
the poeple in the Northeast and central part of town will be heard. He stated
that he was asked if he would be a maverick on the Council , and he stated
that he will be if he has to be. He stated that there is an underswell of
current rising out there, and cautioned that they had better take a good,
hard look at the people who are being turned down.
Councilman Welburn stated that we need to consider if Jaycee Park can
provide the best complete family-type environment which we have. Another
thing we need to consider in our deliberations is that members of the community
that are being deprived in this development are the people who proposed that
we reconsider. We would have been four to six weeks farther into this if
we had not delayed.
Mayor Cook stated that he believes the "little people" and "big people"
have all spoken, and their voices have been heard. Finances have to be
considered. That money will come right out of the taxpayers ' pocket. To
turn our back on that type of financial assistance would be a problem which
we would have. It is too substantial to not consider. Councilman Welburn
noted that the Jaycees have been more progressive and ready to take advantage
of opportunities which are presented to them.
Councilman Walker stated that we talked about money and economic impact.
That is not the thing that caused the reconsideration of the vote. He was
addressing the signatures of 200 people that caused them to reconsider. Mayor
Cook stated that he did not mean that Mr. Walker was not concerned with
economics, but that was his consideration.
Councilman Wilson stated that if the Scotland site is not acceptable,
then we should go with the Lucy site. This community has needed a softball
complex for several years. We have funds set aside in equity now that we
can spend on this complex. We cannot tell them any more that funding is not
a reason. There is no assurance that we will get that grant money. It is
not the only thing that it can be spent on. We have other needs which can
be addressed with the grant. There are other capital improvements needed
in our parks, and they can be addressed in our grant application. We can
linger and find every excuse not to proceed, but we need to move ahead and
get on with it.
Mr. Barrett stated that this particular grant can only be used for a
softball complex.
The motion for a softball complex at Jaycee Park, using the state grant,
failed by the following vote.
Ayes: Mayor Cook, Councilmen Thomas and Palmer
Nays: Councilmen Harper, Walker, Wilson, and Welburn
186
Item 13a, cont'd.
Councilman Thomas stated that he has tried hard to present it to the
Lucy Park area, and they are still against the project being put in Lucy Park.
He does not know that we would convince them in any other manner.
i
Jerry Walker suggested that they were opposed to the Chili Cook-off.
Mayor Cook stated it was because they could not get in and out of their homes,
and for safety. Mrs. Murphy stated that in no way does the chili cook-off
affect their decision on the ballpark. Councilman Wilson asked if access
through residential areas is denied, would that not answer their questions?
Mrs. Murphy stated no. Jerry Walker stated that there will not be a need
to play softball when the area is flooding. That argument does not make sense.
Moved by Councilman Welburn that Jaycee Park be selected as soon as it
can be determined that we get the state grant.
Jack Murphy thinks that the Parks and Wildlife will meet in June. Applica-
tions will be submitted for approval . Bids will be advertised, and construction
of the project begun. It is very tight for next year' s tournament phase.
Councilman Walker asked if bringing in dirt in advance would assist in
site preparation, and what would this do to the time frame? Jack Murphy stated
that it would be done as part of the contract after they get the grant. Mr.
Murphy does not see this as a major obstacle.
Motion seconded by Councilman Palmer.
Lynn Dozier, 1612 Bert, asked the Council to consider the number of people
opposed to the other two sites.
Councilman Harper stated that he feels they were going to build a ballpark
in Lucy Park, no matter where we put the other one. Mr. Murphy stated that
his survey shows that we don't need eight additional complexes. Use can be
shifted to other locations. Bridwell would be downgraded to a neighborhood
park, and lights removed. Users don't like to play there. Councilman Harper
feels that we need 8 ballparks. He strongly prefers Lucy Park, but he will
not vote for it until these people have had it explained to them.
The motion for Jaycee Park, with a state grant, was carried by the following
vote.
Ayes: Mayor Cook, Councilmen Thomas, Palmer, Wilson, and Welburn
Nays: Councilmen Harper and Walker
Steve Walker suggested that people might vote on this issue. Mayor Cook
noted that if people are not pleased with it, they have an avenue to proceed.
Mayor Cook stated that they delayed for additional facts. It is not
Ia change in that position. It was an opportunity to allow those people to
be heard.
Councilman Welburn stated that his position was grabbing at straws to
get a softball complex. Councilman Thomas stated that was also why he seconded
it. It was a last ditch effort to get civilization North of Fort Worth.
Item l3b
Josie Pope came forward concerning maintenance of Williams Park. She
stated that she had previously charged the City $160 per week for upkeep of
that park. When she had the contract she had to submit a bid, and now it
has been given to the handicapped.
Jack Murphy stated that the contract has expired, and he made the choice
not to go with a contract on that park, or any other. He emphasized that
it is his job to train his staff to be as productive as possible, but until
he can get a feel for that, he does not have all the data needed to go with
a contract.
Mrs. Pope stated that she had the $160 to support the bid for the Parks.
Mr. Murphy stated that they do not have a contract. It is just how they use
those people. Councilman Walker wondered if the program had been dropped
without any consultation. Mrs. Pope stated that it is a community effort
by the kids she coaches. Mayor Cook suggested that she talk with Mr. Murphy.
187
Item 13 b, cont'd.
Councilman Wilson noted that there is a point of replacing one contract
with another one. Mr. Murphy stated that in the past it was done because
nobody wanted to work in it. He thinks that is a bunch of bunk. He intends
to use most of their people. There are very few IDC crews. Mr. Murphy is
addressing consistency in how we use our manpower. Councilman Wilson stated
that it is a different situation when we use our park people to replace contract
work. He feels we should have maintenance on a consistent basis. Mayor Cook
noted that this is an administrative question that Mr. Murphy needs to address,
but he suggests that she discuss it with him.
Councilman Welburn noted that she had another contract, with 50 percent
of gross sales. He asked if she would want to back out of the concession
bid if she did not have the maintenance contract? She might want to discuss
the overall picture with Mr. Murphy. She stated that she was concerned for
the children of the community. If she only had one thing, twenty five percent
might be more equitable than fifty percent.
Councilman Welburn asked about the work session on financial policies,
stating that we haven't had a session for a while. Mayor Cook noted that
it may have been buried in other projects. Getting it done well in advance
of considering it for an election also has to be taken into account.
Councilman Welburn mentioned a proposal for combining the City and County
Tax offices. Mayor Cook noted that the Tax Assessor/Collector has been assigned
to talk to the County Tax Assessor/Collector to work it out with them. He
has just now begun review of this. The City, County, and School are all in
favor of it, but some considerations need to be addressed, such as who would
move quickly on tax seizures. Councilman Wilson stated that the taxpayers
will definitely benefit, and there is no question that we should not go ahead
with it.
Councilman Harper asked if the motion voted on was to only have one four-
field complex? Mayor Cook stated that Jack Murphy has indicated that he will
continue to look at a second four-field complex, and bring something back
to the Council .
Councilman Welburn requested that while Mr. Murphy is looking at this ,
it won't take much time to look at expansion of Williams Park into some type
of playing field, possibly a four-field complex. There is plenty of room.
Councilman Harper confirmed that we are going to continue to find a location
for four other diamonds.
Councilman Walker inquired about getting some office space to work in
when people in his district need to discuss something with him. He stated
that there is an office in the Martin Luther King Building on Smith Street,
which is not being utilized at this time. He wonders if he could use it?
None of the Council had any objections .
Assistant City Manager Edward Barrett mentioned the Emergency 911 System.
He stated that when you dial 911 , it will automatically pick the appropriate
place for that call to be received. It will display the phone number and
address of that person calling. It has other desirable features and advantages
to us. The County can call a county-wide election, and the voters can authorize
this system to be paid for by a monthly charge on their telephone bill . The
County is apparently interested in pursuing that option. It would be governed
by an appointed board of the County and cities. The maximum charge in our
situation would be 27 cents per month for this kind of service. He would
think after a period of time it would drop. Every county where it has been
presented for a vote has been very positive.
Item 13
The City Council adjourned into executive session at 12:35 P.M. , according
to Article 6252-17, Section 2, Paragraph (e) of the Revised Civil Statutes.
Final adjournment was at 1 :30 P.M.
188
PASSED AND APPROVED this day of � 1986.
G Coomayor
ATTEST:
Wilma--J. Thomas, CMC, City Clerk