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Min 03/04/1986 189 Wichita Falls, Texas Memorial Auditorium Building March 4, 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 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 Moved by Councilman Welburn that Minutes of the meeting held February 18, 1986, be approved. Motion seconded by Councilman Palmer, and carried unanimously. Items 4a-7a Moved by Councilman Walker that the consent agenda be approved. Motion seconded by Councilman Welburn. Item 4a John Murphy, a Public Utilities employee, was honored as Employee of the Month for March. Mayor Cook presented him with a plaque, a city pin, and two tickets each to a theatre and dinner. Item 5a RESOLUTION NO. 28-86 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE NORTH CENTRAL TEXAS UMPIRES ASSOCIATION Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, and Welburn Nays: None Item 5b RESOLUTION NO. 29-86 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR THE GREATER, WICHITA FALLS SOCCER ASSOCIATION Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, and Welburn Nays: None Item 6a-c Minutes of the meeting of the Planning and Zoning Commission held February 12, 1986, were received. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, and Welburn Nays: None 190 Item 6a-c, cont'd. Minutes of the meeting of the Board of Electrical Examiners held February 13, 1986, were received. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, and Welburn Nays: None Minutes of the meeting of the Zoning Board of Adjustment held February 19, 1986, were received. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, and Welburn Nays: None Item 7a Refund of taxes paid in error was approved in the amount of $907.50 to Wichtex Machinery Company. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, and Welburn Nays: None Item 8a ORDINANCE NO. 17-86 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A PORTION OF SIBLEY STREET AND RETAINING A UTILITY EASEMENT Moved by Councilman Palmer that Ordinance No. 17-86 be passed. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, and Welburn Nays: None Item 8b ORDINANCE NO. 18-86 AN ORDINANCE REZONING LOTS 9 & 10, BLOCK 52, BARWISE & JALONICK ADDITION, WICHITA FALLS, TEXAS, FROM SINGLE FAMILY RESIDENTIAL STANDARD LOT (SF2) TO HEAVY COMMERCIAL (HC) ZONE Moved by Councilman Palmer that Ordinance No. 18-86 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 8c ORDINANCE NO. 19-86 AN ORDINANCE REZONING LOT IA, BLOCK 7, NORTH PARK ADDITION, WICHITA FALLS, TEXAS, FROM HEAVY INDUSTRIAL TO HEAVY COMMERCIAL ZONING DISTRICT Moved by Councilman Welburn that Ordinance No. 19-86 be passed. Motion seconded by Councilman Thomas, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, and Welburn Nays: None Item 8d ORDINANCE NO. 20-86 AN ORDINANCE CLOSING, VACATING, AND ABANDONING A TEN (10) FOOT WIDE EAST-WEST SEWER EASEMENT ON LOT 1 , BLOCK 173, HIGHLAND ADDITION, WICHITA FALLS, TEXAS 191 Item 8d, cont'd. Moved by Councilman Harper that Ordinance No. 20-86 be passed. Motion seconded by Councilman Thomas. Councilman Thomas asked if this is only for a billboard? He wondered about the visual obstruction. Planning Director Roger McKinney stated that there will not be a visual obstruction because of theheight requirements. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, and Welburn Nays: None Item 8e ORDINANCE NO. 21-86 APPROPRIATING FUNDS FROM THE HOTEL/MOTEL FUND FOR PARTIAL FUNDING OF A LOG HOUSE TO BE ERECTED IN LUCY PARK AS A PART OF THE CITY' S SESQUICENTENNIAL CELEBRATION Moved by Councilman Thomas that Ordinance No. 21-86 be passed. Motion seconded by Councilman Palmer. Councilman Walker asked how this location fits in with the desires of the neighborhood? Norma Crane, member of the Sesquicentennial Commission, stated that the reason they selected Lucy Park was because they wanted it to be a useable item, and not something visual . It is more for utilization than for looking. Since it was donated, they wanted it to be useable. Councilman Walker was concerned about tourism and inaccessibility to the park. People also stated they did not want traffic through there. Mrs. Crane stated that it would be used in conjunction with conventions, picnics, family reunions, etc. We don't have anything in the winter that can contain people for this usage. Parks Director Jack Murphy stated that he considered it would be an enclosed pavillion. Councilman Walker asked if other sites were considered? Mrs. Crane stated that she did not think others were considered very much because of the use of it. Councilman Walker wants to see Lucy Park enhanced, and he does not know whether the discussion was held before the last two or three weeks. Mrs. Crane further stated that they have not discussed it with the neighbors. The building will be secure when not in use. Mayor Cook noted that one of the major differences is that this will not bring in a lot of traffic since the facility is only 1086 square feet. Mrs. Crane stated that it is almost as if you were building another pavillion. Councilman Walker stated that it is not the size, but the image. Councilman Thomas stated that we lost the image in the RV park before it was put in. With the activity there now in the park, the image has been cleaned up con- siderably. City Manager James Berzina stated that this is the only lasting tribute given to the sesquicentennial . One of the greatest ways we can promote the image is to let people know there are other ways to get into Lucy Park. He mentioned constructing something at Seymour Highway and Sunset, and also suggested a sign at the Abilene exit. Councilman Thomas also mentioned another entrance which they hope will be provided by the highway department. Jack Murhpy stated that it could also be used as a headquarters for special events. It might have more utility use in the way of a concession, and others. Councilman Thomas stated that he hoped it would be located where people could walk from the hotels to it, and it could be utilized from either side. Councilman Palmer was also hopeful that it would be located so that a proposed stable could also utilize it at some future date. 192 Item 8e, cont'd. Councilman Harper asked if the fireplace comes with the kit? Norma Crane did not think so. Councilman Harper noted that it should be constructed of stone, and not brick. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, and Welburn Nays: None Item l0a RESOLUTION NO. 30-86 RESOLUTION AMENDING RESOLUTION NO. 19-86 PERTAINING TO POLLING PLACES AND ELECTION OFFICIALS FOR THE CITY ELECTION TO BE HELD APRIL 5 , 1986 Moved by Councilman Palmer that Resolution No. 30-86 be passed. Motion seconded by Councilman Welburn. Jim King asked why this is being done, and what precincts will be changed? Mayor Cook explained that it is to correct a map which was locally distributed. It is a correction of a boundary line between Districts One and Five. Ben Watson asked if this is the only change which will be made? Mayor Cook stated that it is. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, and Welburn Nays: None Item lOb RESOLUTION NO. 31-86 RESOLUTION APPROVING AMENDMENT OF LEASE AGREEMENT WITH TOP OF TEXAS PARENTS' CLUB FOR BMX TRACK AT KIWANIS PARK Moved by Councilman Thomas that Resolution No. 31 -86 be passed. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, and Welburn Nays: None Item 10c RESOLUTION NO. 32-86 RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT WITH WICHITA FALLS INDEPENDENT SCHOOL DISTRICT FOR RENTAL OF MEMORIAL STADIUM FOR A CONCERT TO BE SPONSORED BY jr THE YOUTH ACTIVITIES ADVISORY COUNCIL Moved by Councilman Harper that Resolution No. 32-86 be passed. Motion seconded by Councilman Thomas. Assistant City Attorney Jeanie Thompson stated that she had talked to Mainline Productions this morning. They are willing to pursue it until the school district or the band actually says no. She stated that the two ends are fairly polarized. The two parties in the middle are willing to give, but she is not sure how much. Councilman Palmer was concerned about the liability in the cancellation clause. Mainline had guaranteed payment to the band of from $20,000 to $40,000. It is non-refundable. Mainline would look at the City or School for this money. Miss Thompson agreed, if it were in Mainline' s contract. 193 II Item 10c, cont'd. Miss Thompson stated that the lease agreement with the school district provides for security, and also prohibition of alcoholic beverages in the parking lot and stadium. She feels it would fall on the City to provide security in the parking lot, but Mainline can provide it in the stadium. She stated that the school does not see this as the same situation as a football game. Councilman Harper feels there are some pretty good sized obstacles brought up, and he feels we owe them an attempt at this. Councilman Palmer is concerned that the City does not get in the middle of this, and be stuck with a $20,000 to $40,000 liability. He requested that she work to see that this does not happen. Miss Thompson noted that this contract was originally drawn up for a circus at Midwestern State University. Since that time, it has taken on a life of its own and they use it for everything. Councilman Walker noted that it seems we have been asked to make a definitive ! position on this. He asked what other entities have made a definitive position on this? Mayor Cook stated that we endorsed this concept. They went before the school board, and they did not want to do it on that contract. The jdefinitive statements they put in their contract would not allow them to have the concert. The school board has not made any definitive statements, and we will have to take that responsibility if the concert is to be held. Council- man Walker stated that we should be guardians of the city funds, just as the other entities are responsible for their funds. He is willing to take some risks, but he does not know how much. lMiss Thompson stated that she is amazed that Mainline Productions has not backed off before now. She stated that the City and Mainline Productions are working on the contract. When it comes to sitting down and negotiating a lease with the school board, then we will have to get into some of these discussions. Councilman Palmer asked if good cause has been defined? Miss Thompson stated that not all have been. Councilman Harper requested that she negotiate certain things to put into the contract. He feels this resolution is the first step in the negotiation. The motion was carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Palmer, and Welburn Nays: Councilman Walker Item 10d RESOLUTION NO. 33-86 RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITH MAINLINE PRODUCTIONS, INC. FOR CO-PROMOTION OF A CONCERT IN MEMORIAL STADIUM Moved by Councilman Palmer that Resolution No. 33-86 be passed. Motion seconded by Councilman Harper, and carried by the following vote. Ayes: Mayor Cook, Councilmen Harper, Thomas, Walker, Palmer, and Welburn Nays: None Item lla Moved by Councilman Thomas that bids be awarded, as follows, for light, medium, and heavy duty trucks. a. Patterson Oldsmobile - $75,676.00 b. Northgate - $43,533.68 c. Mersel - $71 ,492.92 Motion seconded by Councilman Welburn, and carried unanimously. 194 Item 12a RESOLUTION NO. 34-86 ACCEPTING CHANGE ORDER NUMBER ONE WITH WALLACE AND RAUB CONSTRUCTION RELATING TO REVISIONS TO THE POLICE HEADQUARTERS BUILDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME Moved by Councilman Harper that Resolution No. 34-86 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 13a RESOLUTION NO. 35-86 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT FOR ARCHITECTURAL/ENGINEERING SERVICES RELATING TO DESIGN AND CONSTRUCTION OF FOUR-FIELD SOFTBALL COMPLEX IN JAYCEE PARK Moved by Councilman Thomas that Resolution No. 35-86 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 There was no other business to come before the City Council . Items 13b,c The City Council recessed into executive session at 9:30 A.M. , according to Article 6252-17, Section 2, Paragraphs (e) and (g) of the Revised Civil Statutes. They reconvened at 11 :28 A.M. Moved by Councilman Palmer that appointments be made as follows. a. 911 Emergency Service - Charles Thomas b. Park Board - Roosevelt Flannigan c. Clean Community Commission - Gary Cardwell , Chairman Motion seconded by Councilman Welburn, and carried unanimously. The City Council adjourned at 11 :30 A.M. PASSED AND APPROVED this day of 414,� 1986. d ar ok, Mayor ATTEST: Wilma J. Thomas, CMC, City Cier