Min 05/07/1985 721
Wichita Falls, Texas
Memorial Auditorium Building
May 7, 1985
Items 1 & 2
The City Council of the City of Wichita Falls, Texas, met in regular
session on the above date in the Council Room of the Memorial Auditorium
Building at 8:30 o'clock A.M. , with the following members present.
Gary D. Cook Mayor
Thomas E. Swift
Charles Thomas
Charles Harper Councilmen
Craig A. Wilson
Bill Palmer
James A. Welburn
James Berzina City Manager
H. P. Hodge, Jr. City Attorney
Wilma J. Thomas City Clerk
Fred L. Werner Chief Accounting Officer
The invocation was given by Councilman Thomas.
Item 3
Moved by Councilman Thomas that minutes of the meeting held April
23, 1985, be approved.
Motion seconded by Councilman Wilson, and carried unanimously.
Item 4a-6b
Item 5b was moved to the regular agenda.
Moved by Councilman Palmer that the consent agenda be approved.
Motion seconded by Councilman Harper.
Item 4a
Willie Moser, a Farmer' s Market employee,� was honored as Employee
of the Month for May. Mayor Cook presented him with a plaque, and two
tickets each to a theatre and dinner.
Item 4b
Anthony Wooten appeared regarding a liquor permit for Ninth Street
Food Store. He stated that in order to comply with the ordinance, he
had to get four signatures of property owners within 300 feet of the
place of business. One property owner across the street will not sign.
City Attorney H. P. Hodge explained that an ordinance is required
for either a waiver or repeal of an ordinance. Councilman Palmer stated
that he would like to see an ordinance passed granting a waiver. Roger
McKinney, Planning Director, pointed out some potential problems. If
these areas are not along state highways, or in the liquor zone, they
would not be able to sell beer and wine. Councilman Palmer asked what
would happen after zoning goes in? Mr. McKinney stated that if someone
came in they would have to obtain signatures , they would not be allowed
to get the permit.
Councilman Harper asked if we could not allow everything in general
commercial to sell beer and wine? City Attorney H. P. Hodge explained
that the zoning ordinance will not have any effect on the location for
selling beer and wine. Councilman Harper would like to see the ordinance
changed to allow it in general commercial areas, rather than waive it.
722
Item 4b, cont'd.
He asked if this would create any problems? Mayor Cook feels there are
some inherent problems in a blanket change to allow the sale of hard
liquor in residential areas.
Councilman Thomas made a motion to direct the staff to prepare an
ordinance to allow the sale of alcoholic beverages in general commercial
areas. Councilman Wilson feels that it would be a proper thing to refer
this to the Planning Board for their review. It is such a complex issue,
and the impact could be broad.
Mr. Berzina stated that this came up in the Planning and Zoning Committee.
He suggested that a better method might be for the staff to come up with
a recommendation, and send that to the Planning Board for review. Mayor
Cook stated that he would like to have the input of the Planning Board
because of the complexity of the issue.
Mayor Cook stated that he feels we should give attention to Mr.
Wooten' s request because the other will take quite a bit of time. He
directed the staff to prepare an ordinance addressing a waiver of the
ordinance, in compliance with his request, to be considered at the next
meeting.
Item 5a
ORDINANCE NO. 42-85
ORDINANCE AMENDING SUBSECTION (102.5) OF ORDINANCE NO. 2733, THE
PLUMBING CODE, TO CHANGE THE NUMBER AND COMPOSITION OF THE PLUMBING
ADVISORY BOARD MEMBERS.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer,
and Welburn
Nays: None
Item 5c
ORDINANCE NO. 43-85
ORDINANCE AMENDING SECTION 14-21(C) AND SECTION 14-23(D) OF THE
CODE OF ORDINANCES TO REDUCE TO NINETY (90) DAYS THE WAITING PERIOD
BEFORE AN ELECTRICIAN'S EXAMINATION MAY BE TAKEN OVER.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer,
and Welburn
Nays: None
Item 6a
Minutes of the meeting of the Youth Activities Advisory Council
held April 8, 1985, were received.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer,
and Welburn
Nays: None
Item 6b
Minutes of the meeting of the Planning Board held April 10, 1985,
were received.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer,
and Welburn
Nays: None
Item 5b
Discussion was held on a proposed ordinance pertaining to backflow
preventers. A motion was made by Councilman Harper, for discussion,
and seconded by Councilman Wilson.
Councilman Harper noted that it seems there should be some other
way to do this. It seems to be a little bit much to register it with
the City. Mr. McKinney stated that if we are to have an annual inspection
we need the information available to do this.
1
723
Item 5b, cont'd.
Councilman Thomas mentioned the fees. He feels it would be an almost
impossibility to do this for all water sprinkler systems in the city.
Mr. McKinney stated that they could certify a lot of the plumbers to
do this. Earl Potts stated that be believes we need this ordinance to
have someone qualified to test these devices. They are trying to set
up a certification program for the plumbers. They had the first class
last Saturday. One of the inspectors went down to the State and took
the course, which makes him qualified in this area.
Councilman Harper agreed that something needs to be done, but it
seems that this particular ordinance will be impossible to enforce.
Mr. Potts stated that they are registering the people who are certified
to make the inspection. The only backflow preventer they are talking
about is on the hydrants.
Following further discussion, it was moved by Councilman Welburn
that this matter be tabled for further information, and re-write.
Motion seconded by Councilman Swift, and carried unanimously.
Item 7a
A public hearing was opened on hazardous structures.
Ester Shepherd appeared for Azy Register, 813 Ft. Worth Street.
She requested an additional time of 60 days. Mayor Cook noted that the
ordinance allows 30 days from now. If she is working on it, and repairs
are being continued in a reasonable time period, that would not be a
problem.
Kenneth L. White, 500 Olen, stated that he is half-way drunk, and
apoligized for it, stating that this is a problem he has. He stated
that repairs are progressing, but he needs an additional six months.
Mayor Cook explained that as long as repairs are continually being made,
and progress made, there would be not problem, but if repairs are not
made, it would become a problem. He further stated that the Building
Inspection Department could assist him. If it is going to take six months
because he does not feel like working on it, that would not be acceptable.
Mr. White stated that he is not doing the repairs. It is being contracted.
Mayor Cook suggested that he give the contractor a list of repairs so
that it can be done immediately.
Councilman Palmer asked Mr. White if he drove his car here this
morning? Mr. White stated that he did. Councilman Palmer suggested
that he take a taxi home. Mayor Cook noted that the Police Chief is
in the audience, and if he climbs back into his car he may be taken to jail .
Mrs. Shepherd stated that property at 811 Ft. Worth has been demolished.
Alfred E. Mims, Jr. , 209 Live Oak, stated that the house was built
in 1958, and the frame is in good condition. He requested more time.
Mayor Cook stated that the ordinance gives him 30 days. It is the opinion
of the Building Inspection Department that the repairs would cost more
than the building is worth.
Glenda Newcomb, of Code Enforcement, stated that the structure has
no solid foundation, and the roof is in extremely poor condition. She
stated that they had not had any contact with this gentleman, so he has
not been provided a list of repairs needed. Mr. Mims stated that the
foundation was concrete blocks on the outside, with wood blocks in the
middle. He stated that he has had a problem with electrical work. He
stated that he was born and raised there, so he would prefer not to tear
it down. Mayor Cook stated that he would be provided with a list of
repairs. The Council did not remove this property from the list to be
demolished, and Mayor Cook cautioned him to take a good look at the list
of repairs needed. The staff takes their job very seriously in looking
at these buildings. Mrs. Newcomb will furnish him with a list of repairs
needed.
Nathan Brown appeared concerning the property at 824 Eastside Drive.
He is not the owner, but a lienholder. Mrs. Hicks died, and the number
of heirs is not known. The City Attorney stated that the property owners
are responsible.
724
Item 7a, cont'd.
Roger McKinney noted that we should omit 207 Park because the notice
was returned. Also, the property at 2708 Sherman would be moved to the
repairable list.
Jessie Lee Williams, 201 Maple, appeared regarding property to be
repaired. Mayor Cook noted that the ordinance allows 30 days for the
structure to be repaired. The Inspection Department will give him a
list of the repairs to be made. They will work with him on the time
needed for repairs. Roger McKinney stated that he will assist Mr. Williams.
(Mr. Williams appeared at the end of the meeting. )
Donicia Solis, 704 North Lamar, appeared regarding his property.
Mayor Cook noted that this structure should be removed. They will work
with him in the time frame. (Mr. Solis appeared at the end of the meeting. )
ORDINANCE NO. 44-85
ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES
TO BE DANGEROUS: COMMANDING PROPERTY OWNERS TO REPAIR OR DEMOLISH
SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE
DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY.
Moved by Councilman Wilson that Ordinance No. 44-85 be passed.
Motioned seconded by Councilman Palmer, and carried by the following
vote.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer,
and Welburn
Nays: None
Item 8a
ORDINANCE NO. 45-85
AN ORDINANCE CLOSING, VACATING, AND ABANDONING A PORTION OF A UTILITY
EASEMENT IN LOT 6, BLOCK 8, TANGLEWOOD HOLLOW, SECTION E, WICHITA
FALLS, TEXAS
Moved by Councilman Palmer that Ordinance No. 45-85 be passed.
Motion seconded by Councilman Wilson.
Councilman Thomas asked about this easement, and where does the
large sewage line go? A man in the audience stated that his house is
approximately 30 feet off the easement. Councilman Thomas wanted to
know where this pipe goes across, and do we have access to repair it?
This man stated that the owner of Lot 30 has executed a quitclaim deed
to him. Councilman Thomas stated that he had no objection to the easement,
but we need to know where it is going. Mayor Cook and George Bonnett,
Public Works Director, stated that the pipe has been removed. The lift
station was designed to serve a small area. It was later expanded.
The line was originally in the back of the lift station. It is no longer
required because there is no sewage there.
The motion was carried by the following vote.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer,
and Welburn
Nays: None
ORDINANCE NO. 46-85
AN ORDINANCE CLOSING, VACATING, AND ABANDONING A LIFT STATION SITE
IN ,BLOCK 2, TANGLEWOOD HOLLOW, SECTION F-2, WICHITA FALLS, TEXAS,
AND RETAINING A UTILITY EASEMENT
Moved by Councilman Welburn that Ordinance No. 46-85 be passed.
Motion seconded by Councilman Palmer, and carried by the following vote.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer,
and Welburn
Nays: None
725
Item 8b
ORDINANCE NO. 47-85
ORDINANCE AMENDING EXHIBITS A AND B OF ORDINANCE NO. 37-85, WHICH
ADOPTED A SYSTEM OF REPRESENTATION BASED ON SINGLE-MEMBER DISTRICTS
AND A MAYOR AND ONE COUNCILMAN ELECTED AT-LARGE.
Moved by Councilman Harper, for discussion, that Ordinance No. 47-85
be passed.
Motion seconded by Councilman Palmer.
City Attorney H. P. Hodge stated that sometime ago the Council adopted
Ordinance No. 37-85. One portion of that ordinance established the five
districts. Exhibit A was the map and Exhibit B contained the field notes.
In realigning voting precincts with the County, there were about four
areas where we just could not make it work, and the Commissioner's Court
asked if we could make minor changes in the alignment of districts.
What they are asking the Council to do today is make those four minor
changes. Mr. Hodge explained each of them, stating that they are really
housekeeping changes to better align with County voting districts.
Councilman Thomas asked why these attorneys did not get the changes?
Mr. Hodge stated that these are very small changes. He also asked who
made these changes, the attorneys or our staff? Mr. Hodge stated that
he made them with the County Commissioners, to correspond with what they
have.
The motion was carried by the following vote.
Ayes: Mayor Cook, Councilmen Swift, Harper, Wilson, Palmer, and Welburn
Nays: Councilman Thomas
Item 8c
Councilman Harper withdrew his request for an ordinance allowing
mobile food vending throughout the City. Too much opposition was received
from those owning restaurants in the downtown area.
Item 8d
ORDINANCE NO. 48-85
ORDINANCE APPROVING AGREEMENT WITH WILLIAM L. HARALSON & ASSOCIATES,
INC. FOR A FEASIBILITY STUDY FOR A CONVENTION CENTER/CIVIC CENTER
COMPLEX, AND APPROPRIATIONS $20,000 FROM THE HOTEL/MOTEL FUND TO
ACCOUNT NO. 26-052-4430 TO PAY FOR SUCH STUDY.
Moved by Councilman Palmer that Ordinance No. 48-85 be passed.
Motion seconded by Councilman Thomas.
Councilman Wilson requested some type of evaluation of our marketing
effort. The City Manager noted that Mr. Haralson stated that part of
their study takes in supply and demand. He feels this concern will be
addressed in these areas. Councilman Wilson was concerned that we will
have paid $17,500 of the $20,000 before we see a report. Mr. Berzina
stated that the City will be given status reports all along on the program.
The motion was carried by the following vote.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer,
and Welburn
Nays: None
726
Item 9a
RESOLUTION NO. 57-85
RESOLUTION ESTABLISHING VOTING PRECINCTS AND POLLING PLACES FOR
MUNICIPAL ELECTIONS.
Moved by Councilman Wilson that Resolution No. 57-85 be passed.
Motion seconded by Councilman Harper.
City Attorney H. P. Hodge stated that the County is charged with
establishing voting precincts. The City can use all separately, or group
them together. We have done this in the past. He explained that he
and City Clerk Wilma Thomas worked on this. We have 13 voting places.
It did not seem to work out well any other way. New polling places this
time are the Texas Highway Department Headquarters, Texas Highway Department
Warehouse, and Carrigan School , although all have previously been used.
Those used in the past, but not this time, include Lamar School , McGaha
School , Zundelowitz and Barwise Junior High Schools.
Mike Flavin requested that all precincts be opened for voting.
He believes that the combination cuts down on the number of people who
will vote. He stated that it is confusing to vote at different places
for state, federal , and city elections. He feels this is particularly
true of low income people, those who do not have cars, and old people.
He believes it would increase voter turnout. It is not the intent, but
the effect of it, which makes it discriminatory for these people. He
stated that he had talked with a person who took neither the newspaper,
nor had a television. Councilman Wilson asked how those people are going
to make themselves informed? He further stated that seventy-five percent
of the people in this town do not take the time to vote. Increasing
the precincts will not help. The next thing will be going door-to-door,
and begging them to vote. Mr. Flavin stated that the new system may
or may not increase voter turnout.
Councilman Harper noted that the Justice Department has to approve
this. He would agree that $35,000 would be cheap for an election if
we could get a significant turnout. (Mrs. Thomas had indicated that
an election would cost approximately $10,000 for combined precincts. )
Mr. Flavin stated that he is not saying we will have a significant turn-out,
but if you give them the opportunity, and they still do not vote, then
they do not have any complaints. He further stated that you already
have county precincts set up. He stated that it is confusing to him
and more confusing to the average person.
Mayor Cook also questioned how people would be informed if they
don't take a paper, and do not have a television?
Moved by Councilman Harper that the resolution be amended to include
a municipal voting place in every county voting precinct in the city.
The motion died for lack of a second.
The City Attorney explained the county and city voting precinct
requirements in the law. City Manager James Berzina stated that $500
will buy a newspaper advertisement. He believes there is a responsibility
on the part of voters to determine where they vote. If we change, we
run the risk of fewer elections to save costs.
The motion was carried by the following vote.
Ayes: Mayor Cook, Councilmen Wilson, Palmer, and Welburn.
Nays: Councilmen Swift and Harper (Councilman Thomas was out of the
room. )
Item 9b
RESOLUTION NO. 58-85
RESOLUTION AGREEING WITH AND ENDORSING THE CITY MANAGER'S ADMINISTRATIVE
POLICY REFERENCE NO. 28, ESTABLISHING A RESIDENCY POLICY FOR ALL
CITY EMPLOYEES.
Moved by Councilman Harper that Resolution No. 58-85 be passed.
727
Item 9b, cont'd.
Motion seconded by Councilman Thomas.
The City Manager explained the provisions of the policy, stating
that at present time it only covers non-civil service employees, but
they want to take it to the Civil Service Commission for their consideration.
If a person outside the city applies, they would move to the city when
hired. Mayor Cook asked if this would cause higher salaries due to the
cost of living? Mr. Berzina stated that has not happened yet. They
have started people at different places in the pay scale, not because
of location, but because of experience they can bring to the job. The
Personnel Officer is responsible for reviewing it each year. If there
are problems, it could be brought back later. Exceptions are authorized
by the City Manager. Councilman Welburn asked, and Mr. Berzina stated
that transportation and moving costs will not be paid by the City.
The City Manager stated that in the 70's the Court of Appeals struck
down residency. The Supreme Court decision not only upheld residency,
but also held that you do not have to grandfather it.
Councilman Harper asked where is the official residence of a fireman?
Could that be a fire station? City Attorney H. P. Hodge stated that
it could not. Councilman Harper stated that he had been told that firemen
who live outside the city list their addresses at the fire station for
voting purposes. The City Attorney stated that a fireman' s residence
is where his wife and children are. This is in accordance with the Texas
Election Code.
Councilman Welburn asked Mr. Berzina if he had considered difficulty
in hiring certain jobs, and if he has established some in-house training,
as opposed to going out of the city? Mr. Berzina stated that he would
like to believe that this is part of the standard operating procedure
anyway. He has yet to see that materialize. Most of the people who
fill technical or department head positions generally come to the city
anyway. The person we might possibly exclude from the market is the
person with 40 acres and blue sky, who wants a place to run his horses ,
etc. Councilman Wilson stated that it may limit a person from applying.
There may be some very capable people who would not apply. He wants
us to go with the best people we have available, and also contribute
to the community. He would not want to limit this. Councilman Swift
stated that he does not think you are imposing on anyone who works for
the city to require them to live in the city limits. Councilman Palmer
agreed.
The motion was carried by the following vote.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Palmer, and
Welburn
Nays: Councilman Wilson
Item 9c
RESOLUTION NO. 59-85
RESOLUTION APPROVING AMENDMENTS TO CIVIL SERVICE RULES ADOPTED BY
FIREMEN'S AND POLICEMEN'S CIVIL SERVICE COMMISSION
Moved by Councilman Welburn that Resolution No. 59-85 be passed.
Motion seconded by Councilman Harper, and carried by the following vote.
Ayes: Mayor Cook, Councilmen Swift, Thomas, Harper, Wilson, Palmer,
and Welburn
Nays: None
Item 10a
Bids were considered for construction of the Jalonic Park softball
field lighting system.
Moved by Councilman Palmer that the bid be awarded to Willen Electric
Company in the amount of $33,777.
728
Item 10a, cont'd.
Motion seconded by Councilman Welburn.
Councilman Thomas asked if Texas Electric will provide us with a
double drop? Mr. Bonnett stated that they will . He also asked why they
itemize these things on a statement? Mr. Bonnett stated that they like
to see this because the way you end up building it may not be precisely
the way it was designed. Councilman Wilson asked about the possibility
of a bidder raising costs on certain items, and lowering it on others?
Mr. Bonnett stated that you may occasionally see that, but they keep
an eye out for an unbalanced bid.
The motion was carried unanimously.
Item 10b
Bids were considered for a power sweeper and scrubber for Central
Services Complex.
Moved by Councilman Palmer that the bid be awarded to Tennant Company
in the amount of $22,155.45.
Motion seconded by Councilman Welburn.
Traffic Director Bob Parker answered the questions of Councilman
Swift.
The motion was carried unanimously.
Item lla
An applicant for a Certificate of Public Convenience and Necessity
to operate a taxicab within the city limits was filed by Mr. Claudio
Ramirez, Sr. The only action needed to day is to set a date for the
public hearing on it.
Moved by Councilman Wilson that the hearing be set for the next
council meeting, May 21, 1985.
Motion seconded by Councilman Harper, and carried unanimously.
Councilman Harper asked if there has been a change in law where
we cannot award franchises now? City Attorney H. P. Hodge stated that
anti-trust laws have made this procedure very dangerous and questionable.
The Supreme Court has released some of that, but we are still on shaky ground.
Item llb
Councilman Harper noted that the Council does not control television
programming. The City Attorney stated that he thinks we have some. control ,
but the City Council does not control it. We do not have control over
dropping one channel , and getting another.
Roy Boutwell , Iowa Park, Texas, mentioned the recent arrest of seventeen
young people at Scott Square. He stated that his son, Randy, was one
of them, after three minutes on the parking lot. He stated that the
punishment the boys have incurred does not fit the crime. He would like
the crime punishable by fine, first of all . He stated that his son has
learned a good lesson. He hopes the lesson he has learned fits the crime.
His son is a junior at Iowa Park High School . This will be on his record
unless he can get it expunged. He hopes it will not jeopardise what
he has worked toward for several years. He is trying for an appointment
to a military academy. He suggested that rather than charge kids with
criminal trespassing that it be made a misdemeanor punishable by fine.
That way you can earmark offenders. This will be on their records, and
earmarked for the rest of their lives.
Police Chief Harrelson stated that he agrees with this gentleman.
Kids have been hanging out there since 1962. In the 70' s, the Kemp Street
merchants came to the Council wanting trespassers to be arrested. Signs
were posted. It was a misdemeanor at that time, and the officer had
some discretion. In September 1981, it was made a Class B misdemeanor.
They continued with their posture of making the kids move on.
729
Item 11b, cont'd.
Larry Tompkins, owner of Scott Square, wanted kids off his parking lot.
Chief Harrelson suggested that Mr. Tompkins set up some means of blocking
off his parking lot. We cannot tamper with the law passed by the State.
Mr. Tompkins continued to call , and was insistent that they make arrests
out there. They continued warning, and two people were arrested. On
April 21, 1985, Mr. Tompkins called, and wanted them prosecuted to the
fullest extent of the law. Mr. Tompkins claimed that he did not want
them arrested, but he has him on tape, and there is no question about
what he wanted. If a person demands that you enforce state law, it takes
discretion away from the officer.
Councilman Thomas stated that he has not seen any signs for no trespassing.
Mr. Boutwell stated that it reads, "No trespassing. Violators will be
prosecuted. " He further stated that you have to get on the parking lot
before you know you are trespassing. Chief Harrelson noted that they
are not looking for signs.
Councilman Wilson stated that he thought you are an invitee, unless
told different. The City Attorney agreed with this on business property.
The reason the criminal trespassing law is designed the way it is, is
that you are told to leave. If it is a situation where you could not
see a sign until you walked on the property, then you had better get
off. You could not be guilty of a crime until you were aware that you
should not be there.
Mayor Cook asked if there is something the merchants can post that
they are in violation of the ordinance, as opposed to trespassing? Is
there some other way we can handle this problem? The City Attorney stated
that he would just have to check, but we could not do anything that would
change state law. If it were not in conflict with state law, we might
be able to come up with something like that. Loitering ordinances are
hard to enforce.
Chief Harrelson stated that he felt that the merchants should pick
up some kind of sliding bar to keep them off. He stated that he would
look into the situation of them being arrested at 5:05, and not being
allowed to make a phone call for five hours. Mayor Cook stated that
if Mr. Tompkins cannot defend his sign, it may be a matter of the court
whether the charges will stick. Chief Harrelson stated that the charge
is filed in County Court. If he does not press charges, it will show
that the charges are dropped, but it will stay on their record until
it is expunged. Mayor Cook noted that youth will continue cruising no
matter what we do. It is unfortunate that a few cause the problem for
so many others.
The City Attorney mentioned the arrest of some teenagers in the
town of DeSoto. It is apparently the same type of situation here. In
some of them, it was 9:00 the next morning before they were released.
Mayor Cook requested that the City look at some type of flexibility.
The police officers need some definitive guidelines. Perhaps something
could be done in conjunction with the merchants. He stated that they
will look into the time frame of phone calls, and other type of treatment
that may have been experienced.
Dale Emberton, 6720 Southwest Parkway, stated that his son was also
arrested at 5:35 P.M. , and taken to jail . At 8:15 he received a call
to post bond to get him out. He stated that he talked to the owner of
the property, who told him that he did not want the boys arrested. He
also told him that he would drop the charges. The owner told him that
he was pushed into getting this standing order in order to get his lot
cleared. Mr. Emberton stated that he would let people park on his lot,
with his blessings. He explained that he speaks for all young folks
who have been treated badly. The owner of the lot stated that he would
not put up the rail because he wanted window shoppers. Police Chief
Harrelson has stated that window shoppers were also trespassing. The
procedures are too elaborate for the crime.
It was also noted that they were loaded in cars in the hot sun,
without air conditioning, for twenty minutes. They could not find out
who pressed the charges. It was noted that the jailer may not have known.
Marilyn Schiflett stated that she believes her 15-year son was treated
unfairly. He was arrested about 4:30 P.M. on Kemp, on Sunday. She believes
the problem could be handled in various ways. As a long-term solution,
730
Item llb, cont'd.
Wichita Falls could try, as a community, to discourage young people from
parking on a business parking lot. The only people arrested on that
Sunday were these 17 young people. This city should consider itself
fortunate that the worst problem the city has is parking on a parking
lot, listening to a radio. She stated that they drove by the property
in question. There was no trash on the parking lot, and she saw no signs
of damage whatever. She believes children will not do vandalism on a
parking lot in broad daylight. She does not believe this is a criminal
offense.
Councilman Harper stated that the state legislature made the law,
and it is a criminal offense. He feels for what they have said. The
best he can tell , the policemen have acted within the law. He believes
Mr. Tompkins will drop the charges. The kids will not go anywhere else
to park. They want to be where everyone else is. He believes businessmen
should realize that there is a cost of doing business, and they should
think about that.
Mr. Boutwell stated that he knows of no mistreatment by the police.
His son did feel that the officer was kind of cocky, and he was not allowed
access to his asthma breather, but he made it without it.
Councilman Harper asked if the alley paving program is ready to
go? Mr. Bonnett stated that they will be bringing a program back to
them at the next meeting.
Councilman Harper also mentioned an ordinance about parking on lawns.
The City Manager stated that about all they have done is look at the
streets on which they can prohibit it. Councilman Harper would like
to have something on the agenda for the Council to talk about. He hopes
they will receive some information on what other cities are doing. Also,
about parking trucks on the street.
Alan Whitmire stated that the median on Sheppard Access Road is a
state highway, but the City does mow the first three blocks off the Iowa
Park Road.
Councilman Harper also mentioned plaques to Chairmen of advisory boards,
which were previously given. Mayor Cook stated that certificates are still
being given. Mr. Berzina stated that he had not seen any plaques to
chairmen of advisory boards.
Items llc,d
The City Council recessed into executive session at 12:20 P.M. ,
pursuant to Article 6252-17, Section 2, Paragraphs (g) and (e) , of the
Revised Civil Statutes. The meeting reconvened at 4:40 P.M.
Moved by Councilman Wilson that the following appointments be made.
Richard Bailey has resigned.
a. Traffic Safety Council -
Mike Pickett - 2-year term
Terry L. Crain - 2-year term
Bob Kline - 2-year term
Bob Schwartz - 2-year term
Lisa Prothro - 3-year term
Paula Martin - 3-year term
Bobby Cooksey - 3-year term
b. River Development Committee -
Ruth Ann Allred (replacing Bob Barenberg)
Motion seconded by Councilman Thomas, and carried unanimously.
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The City Council adjourned at 4:45 P.M.
PASSED AND APPROVED this day of 1985.
Ga Co Mayor
ATTEST:
Wilma J. Thoma , CMC, City Clerk