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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. 1 731 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