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Min 04/19/1988 823 Wichita Falls, Texas Memorial Auditorium Building April 19, 1988 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. Charles Harper Mayor John Hirschi - Charles Thomas - Angus Thompson - Councilmen Ruth Ann Allred - Ron Buffum - Don Kirkham - James Berzina City Manager H. P. Hodge City Attorney Wilma J. Thomas City Clerk Fred L. 'Werner Chief Accounting Officer The invocation was given by Darius McKay, Trinity Baptist Church. Charles Harper, Mayor, read a poem based on an ancient French proverb, emphasizing that there is no indispensable man. He also read and presented a proclamation to a Clean Country representative for the Great Texas Trash Off Day on April 23, 1988. I to , 3 Charles Harper, Mayor, noted word changes in the minutes of ,'aril 5, 1938, on Page 811 (conditional ) , Page 817 (heading missing under Resolution No. 59-38) , and Pace 821 (Councilman Thomas) . Moved by Councilman Thompson that minutes of the meeting held A;?ril 5, 1988, be approved, with changes as noted. I'lotion seconded by Councilman Buffum, and carried unanimously. I teEJ c.a - 6e Item 4a was moved to the regular agenda. Moved by Councilman Hirschi that the consent agenda be approved. Motion seconded by Councilman Allred. Moved by Councilman Allred that Items 7d and 7e be moved to 9:00 O'clock A.M. , and that Item Be be moved to the top of the regular agenda. Motion seconded by Councilman Thompson, and carried by the following vote. Ayes: Charles Harper, Maur, Councilmen Hirschi , Thomas, Thompson, Allred, and Buffum Nays: Councilman Kirkham Item 4b Resolution No. 74 +8 RESOLUTION APPROVING THE APPRAISAL OF PARCELS #11-A AND #12 A-A FOR THE HOLLIDAY CREEK CHANNEL IMPROVEMENT PROJECT, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR C 0 N D EM N A T I Oi`"ii 824 Item 4b (Cont'd) Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 5a Resolution 75-88 RESOLUTION TO ACCEPT PHASE A - CHAIN LINK FENCES AND BACKSTOPS AT THE SOFTBALL COMPLEX AND AUTHORIZE FINAL PAYMENT TO THE CONTRACTOR Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 5b Resolution No. 76-88 RESOLUTION TO ACCEPT PHASE H - PLAYERS BENCHES AND BLEACHER SEATING AT THE SOFTBALL COMPLEX AND AUTHORIZE FINAL PAYMENT TO THE CONTRACTOR Ayes: Charles Harper, Mayor, Councilmen Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None (Councilman Hirschi left for jury duty. ) Item 5c Resolution No. 77-88 RESOLUTION TO ACCEPT PROJECT TO RELOCATE UTILITY LINES AT EASTSIDE DRIVE AND HOLLIDAY CREEK AND AUTHORIZE CITY MANAGER TO MAKE FINAL PAYMENT Ayes: Charles Harper, Mayor, Councilmen Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 6a Minutes of the meeting of the Zoning Board of Adjustment held March 16, 1988, were received. Ayes: Charles Harper, Mayor, Councilmen Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 6b Minutes of the meeting of the Task Force on Handicapped held April 5, 1988, were received. Ayes: Charles Harper, Mayor, Councilmen Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 6c Minutes of the meeting of the Water Resources Task Force held April 7, 1988, were received. 825 Item 6c (Cont'd) Ayes: Charles Harper, Mayor, Councilmen Thomas, Thompson, Allred, Buffum and Kirkham Nays: None Item 6d Minutes of the meeting of the Employee Benefits Trust Meeting held April 8, 1988, were received. Ayes: Charles Harper, Mayor, Councilmen Thomas, Thompson, Allred, Buffum, and Kirkham s� Nays: None Item 6e Minutes of the meeting of the Clean Community Commission held April 11, 1988, were received. Ayes: Charles Harper, Mayor, Councilmen Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 8e A proposed resolution was presented authorizing a quitclaim deed to the Boys Clubs of Wichita Falls, Inc. , of all of Lot No. 2 in Block No. 239 of the Original Town of the City. A motion was made by Councilman Buffum, for discussion and passage of the resolution. Motion seconded by Councilman Thompson. Harry Campsey discussed the background for this request to authorize the quitclaim deed to the Boys Club. He stated that H. W. Sanders, Attorney, reviewed the records, and stated that the City only had a naked legal title. Judge Arthur Tipps discussed his interpretation of the 1938 deed mentioned by Mr. Campsey, stating that he and H. P. Hodge have discussed this many times and they differ on their opinions. He has a high regard for Mr. Hodges, and they are friends. The only instruments they can find are those on file in the County Clerk' s office. His interpretation is that Huff and McGregor reserved the rights to this property. Mr. Hodge explained that the staff recommended adding a clause stating that before the property can be sold it must be approved by the City, and they would receive half of the proceeds if it is sold to someone other than the Boys Club. Judge Tipps stated that he does not know where the one-half of the land came from. He does not see it in the deed. He cannot see in the foreseeable future that the Boys Club will cease to use it as a Boys Club. The only possibility that might occur to cause them to quit using the Boys Club would be that some government would condemn it and use it as a youth activities center or halfway house, or something of that order. In this event, the reversionary clause would not be applicable if it is taken away from them. There are some situations where the statute of limitations does not apply. He mentioned an oral deed, stating they cannot prove an oral sale of the land. He does not believe the City of Wichita Falls has any reversionary rights at all . Huff and McGregor is the only one who reserved any rights . He feels they should have a title because of lending or casualty loss possibilities. He does not see anything wrong with the City giving property to a United Way Agency. Cities also give tax incentives, which he sees nothing wrong with. He spoke of two ways in which they could acquire a deed to the property. One way would be for the City 826 Item 8e (Cont'd) to execute a quitclaim deed to the Boys Club, or they could file suit for the property. They do not want to file a lawsuit. He mentioned a lease with the City for the Boys Club camp at Lake Kickapoo. Judge Tipps proposed that the Council agree for a moment that Mr. Hodge is right. They want the Boys Club to operate. He hoped they would pass a resolution knowing there is a dispute, but in view of the fifty years the Boys Club has given to this city and the future fifty-year expectations that they would give up any possible right the City might have to this property, and quitclaim it to the Boys Club. Councilman Buffum stated that he goes back to Huff and McGregor. It was intended for the use of a public park, and mentioned an agent. Is the Boys Club properly acting as an agent? Judge Tipps stated that an agent is authorized to bind someone by contract. An agent can bind r you in certain matters. They use the term Boys Club Agency. There has been no relation of principal and agent. You read all the time about United Way agencies. Councilman Buffum asked if the Boys Club is fulfilling the basic intent of Huff and McGregor in the use of the property? Judge Tipps stated that a Boys Club was not specifically mentioned, but he feels it is very close to what they meant. Councilman Kirkham believed that the Boys Club was erected by the WPA. It was his understanding that the projects they undertook must have belonged to a state or agency, and not an individual . He asked if there is any legal document covering this construction in this time frame? Judge Tipps stated they only found two deeds. There should have been some other correspondence at the time, but it cannot be found. Councilman Thompson asked how long someone must own title to this land before it can be taken? Judge Tipps believes the statute of limitations also runs on the city. J. C. Boyd noted that the Boys Club has contributed $120,000 in taxes, $160,000 in sales tax, $105,000 in hotel/motel taxes, and a payroll of $600,000. Were it not for the Boys Club, you would not have a Sheraton Hotel . He mentioned a strip of land owned by the Boys Club. They worked out a deal to sell this strip of land to Midtown Now. Mr. Cogburn built a water slide, and later a friend of his built the Sheraton Hotel . This is the contribution the Boys Club has made to the City of Wichita Falls. City Attorney H. P. Hodge stated that he and Judge Tipps have been close friends for forty years. He has no higher regard for anyone than Arthur Tipps. He stated that in the deed the City acquired full title to the land. There was not even a reverter in it. The City would beautify and improve it. In 1938, this instrument signed by Fluff and McGregor is not really clear on how this affected the title. It was used for the comfort of the citizens. It was not clear that there was any reversionary clause. Later, someone asked them to execute another instrument, which was not executed by the City of Wichita Falls. It authorized them to build buildings on the property, and use it for the education, recreation, and amusement of the citizens of Wichita Falls, particularly young boys. The City is not required to do it, but they are allowed to do it under some agency. It gives the City the flexibility to appoint some agent to do that for them. Had this language not been in here, and the City had turned it over to some other group, that instrument expressly gave the City the right to handle it any way they wanted to. When the reverter was included it said. when the City ceases to use it, the title would revert to the Huff and McGregor heirs. He would accept the fact at that point that the City still has title to it, subject to a special limitation that although the title is in the City, it can be divested into someone else upon some contingency. It said the City can do this through some agency. We cannot find any kind of contract, but we presume that there was some kind of oral agreement with the Boys Club. It is being operated by someone else for the purposes set out here. The Boys club is using 827 Item 8e (Cont'd) it as the City' s agent. He does not think this affects the title. On the reverter, should we or the Boys Club quit using it for the educaticn recreation, and amusement of the citizens, then the title would revert. Since Mr. Campsey and others have acquired a quitclaim from the Huff and McGregor heirs, then that title would revert to the Boys Club. If the Boys Club walked off tomorrow, then he feels the City could take it over and operate it as originally set out, and could do so for 1000 years and the title would still remain in the City, and it would not revert. The question now is, has the title been transferred by some other means to the Boys Club? There is no deed. Oral sale of land would be a very unusual type of conveyance, but it is recognized in the State of Texas. We have no evidence anywhere that the City made an oral conveyance of land. Limitation is the only way that title can change. It can be as effective as the most sacred deed you can sign. If someone takes possession of a piece of land for a certain length of time is that a squatter who takes possession of the land? He does not believe this applies to the City, however, insofar as the title of land is concerned. Since the City got good title, it has not passed out of the City in any one of the three ways he mentioned, so it is still in the City. He also disagrees with Mr. Sanders. There is no mention of naked title. He believes the City has good title to this property, subject to a possible reverter if the City fails to use the property as set out. Anytime you talk about giving City land, you cannot just give it away. He believes the circumstances in this case are a little different. We have this property for a specific purpose. Some agency of the City could operate it under the terms and conditions compatible with the wishes of the original grantors. If the City saw fit to just give it to the Boys Club, he doubts it could be questioned that the Council was going beyond its power, but we can also ass; that if this is done, we get something out of it. If anyone should ever question the City' s giving away property, we would not be giving it away wholly, but we would be reserving something in the form of money for the citizens ' use. From a legal standpoint, he does not have a problem with them quitclaiming it under the terms and conditions which he has stated in this resolution. Mr. Sanders said the Boys Club could not accept j, it with strings because it was already theirs. Mr. Hodge does not agree that it is already theirs. He does not have a problem with the city doing this with these strings attached. Judge Tipps said that there was no reversionary clause in the 1914 deed. He disagrees with that. He mentioned five years in the time for City Council to make these recommendations. He believes this to be a reversionary clause. He asked that the City forget about any claim which they may have, and give up that right to say that the Boys Club can carry on their program without any undue cost and inconvenience. Graham Ball stated that he has been with the Boys Club over fifty years. He knows what the intention of the Council was at that time, but it is word of mouth. We are talking about a few dollars, but we are also talking about the life of kids. If it came to a vote, he feels the Boys Club would prevail . He feels we are putting monetary things above what the Boys Club is doing for the boys in the community. There are cities in Texas that have built boys clubs, and who are helping pay for it. The City has not contributed to any cost of operation of the Boys Club. He mentioned areas in which the Boys Club has participated in city projects. He requested that the Council give them the building without encumbrance. Councilman Buffum asked how possession of the title would affect in any way the operation and how they treat the boys at the Boys Club? Mr. Ball stated that if they had to go somewhere else they would not have a dime to build another building. They have three million dollars invested in this location. It would affect their future operation 828 Item 8e (Cont'd) if they had to move out. Councilman Buffum noted that it seems that the Boys Club has fulfilled the needs of Huff and McGregor when they have done this for fifty years. He asked why is there a sense of urgency now? Mr. Ball replied the urgency would be if the City condemned it. Mr. Hodge stated if the City condemned it they would have to pay the fair market value of the property. He does not know whether they would receive all of the money for the sale. Councilman Thomas stated that the City spends thousands of dollars a year in the park system for the Boys Club members. He would like to see them own this property, and the only thing that concerns him is that would he be responsible if he gave away any property that the City owns, would he be held liable for this, and their attorney said he would be. If there is any legal aspect, then it should be settled in court. Nobody can prove to him that the City does not own the property. When we sell something we have to put it up to the highest bidder. Mr. Ball asked if the City would be responsible if the Boys Club got a lawsuit on the property? Mr. Berzina explained that the City is not doing this for a monetary reason. They are doing it for the expressed use of the Boys Club. They want the Boys Club to stay over there. It is not unusual for the City to get into twenty-five and fifty year leases. Let' s look into a lease, and he feels their fears and concerns can go away. Councilman Thompson concurred with the approach brought up by Mr. Berzina. He would not want to see the Boys Club moved. He wants to see the building retained and remain in the property of the City. To give it to anyone else has serious problems. He mentioned CAC. No member of the Council would consent to kicking them out of the building Councilman Buffum also concurred with Mr. Thompson' s comments. He feels the Boys Club should be guaranteed that they could remain on that property as long as they want to. He agrees with a long-term lease. Mr. Ball asked if the City has ever given away property? Councilman Thompson noted that the nearest thing to it was the downtown post office. It was a WPA project, and the federal government was right on top of them. Mr. Hodge stated he does not know of a case where the City gave away property, but it would be with a restriction that it would only be used for the purpose, and if it did, the title would revert back to the City. He does not remember it ever happening. Charles Harper, Mayor, spoke for the whole Council stating they do not want to do anything to disturb the operations of the Boys Club. An amendment was moved by Charles Harper, Mayor, that a portion of the last paragraph be removed beginning with the words "upon the agreement" and ending "with the City;" . Councilman Thomas stated he would second it if legal counsel would tell him he would not be held responsible. Mr. Hodge could not tell him that he would not be responsible. Motion seconded by Councilman Buffum, and failed by the following vote. Ayes: None. Nays: Charles Harper, Mayor, Councilmen Thomas, Thompson, Allred, Buffum, and Kirkham Councilman Kirkham called for the question. It was seconded by Councilman Allred, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Thomas, Thompson, Buffum, and Kirkham Nays: Councilman Allred 829 Item 8e (Cont'd) The motion for passage of the resolution failed by the following vote. Ayes: None Nays: Charles Harper, Mayor, Councilmen Thomas, Thompson, Allred, Buffum, and Kirkham The Council desired to look at a lease for the Boys Club. Councilman Thomas asked if the Boys Club is old enough for a landmark, stating if so, it would take an Act of God to tear it down. Mr. Berzina mentioned that it would also take an Act of God to do any changes or remodeling. They might want to take a look at it. Charles Harper, Mayor, asked that a committee of the Boys Club and the City Attorney come up with a lease or something that would solve their problems. They would want a 25-50 year lease for long time security. Item 7d Ordinance No. 43-88 ORDINANCE TRANSFERRING $20,000.00 FROM ACCOUNT NUMBER, 11-233-4113 TO ACCOUNT NUMBER 11-515-4430 FOR PURPOSES OF CONTRACTING WITH MIDWESTERN STATE UNIVERSITY FOR REGIONAL DATA BASE SERVICES AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND NEGOTIATE A CONTRACT WITH MIDWESTERN STATE UNIVERSITY FOR PROVISION OF SAID SERVICES Moved by Councilman Thomas that Ordinance No. 43-88 be passed. Motion seconded by Councilman Kirkham. Dr. Garland Hadley, from Midwestern State University, discussed economic impact in Wichita Falls, stating that local economic conditions remain fragile. He does not believe this program is enough at this time to rely on. A summit was called by Charles Harper, Mayor, consisting of various city representatives. They looked at more than fifty ideas or proposals to stimulate employment. They support expansion of existing small businesses in Wichita Falls. After several weeks of study, the task force came back and proposed that five projects be pursued. a. Small Business Development at MSU should be expanded. b. Increase enrollment at MSU. c. Create more big events. d. Development of regional economic data base. e. Support Reinvestment Zone Number One. The total budget is about $100,000 per year. They are searching for funds from a variety of sources for this, such as MSU, Wichita County, other cities, federal support, foundations, etc. They are asking that the City provide $50,000 to get this vital economic develop- ment launched. Councilman Thomas asked about this account number, and Fred Werner stated that it is a salary account in the Fire Department, and there is plenty of money in it. Councilman Buffum asked if this would be an ongoing funding requirement of the City? Dr. Hadley stated that it should be a three- to five-year commitment from the City. 830 Item 7d (Cont'd) The question was called by Councilman Thomas, seconded by Councilman Kirkham, and carried by the following vote. Ayes: Councilmen Thomas, Thompson, Allred, and Kirkham Nays: Charles Harper, Mayor, and Councilman Buffum The motion for passage of Ordinance No. 43-88 carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 7e Ordinance No. 44-88 ORDINANCE APPROPRIATING $30,000.00 FROM THE HOTEL/MOTEL EQUITY FUND TO THE CONVENTION AND VISITORS BUREAU FOR PURPOSES OF FUNDING A SPECIAL EVENTS COORDINATOR AND FOR BILLBOARD ADVERTISING Moved by Councilman Buffum that Ordinance No. 44-88 be passed. Motion seconded by Councilman Thompson. Councilman Allred asked if we might want to take a second look at the need for this position? She does not think the City would be an appropriate place for an event coordinator. She asked for comments on the hotel/motel organization for this position. Dr. Hadley stated that they proposed this position at the BCI because they could provide effective leadership in finding some of these activities. Charles Harper, Mayor, stated that we need to be committed to appropriate fifty cents per capita this year, and $1.00 per capita next year. Other cities and the County are waiting for our decision. It appropriates the position of the coordinator, and advertising for MSU. Councilman Thompson wonders if there is another way to do this, such as signs on the water towers. Mr. Hadley suggested signs somewhere between here and Dallas. Councilman Thompson would like this to be pulled out. Charles Harper, Mayor, asked how this was arrived at? Mike Lawson, Executive Vice President of the BCI , stated it was a recommendation of the entire task force. They were instructed to put in additional monies for signs. The reason for housing this position in the BCI was because they were committing funds for office space. They would be working with the top five or six events we have in Wichita Falls, and other new events. They would work under the convention bureau people. They have no one in mind to fill this position. They have solid representation from the hotel/motel association. Councilman Buffum noted that they are looking at a five month request. Mr. Werner stated this would be a one-time contribution. They would be held accountable for the use of that money until it expires. The City is funding 100 percent of these costs. Charles Harper, Mayor, stated that right now our city charter does not allow us to put money into economic development. It is legal , however, for the City to expend these particular funds from the hotel/motel fund for this purpose. A proposed charter amendment would allow us to do so. 831 Item 7e (Cont'd) Mr. Berzina explained the other entities responsibility in this funding. Councilman Thompson asked where this money will come from next year? Mr. Berzina explained that this does not hurt our operation, but keeps it from splitting into equity at the end of the year. These things will be in the budget next year for consideration if the Council wants to fund it. Charles Harper, Mayor, aarees that we need this for the next three years . He would hope that this council and other cities in the area would consider $1 .00 per capita next year, and hopefully the charter amendment will pass. The motion carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Thomas, Thompson, Allred, Buffum and Kirkham Nays: None The City Council recessed at 10:45 A.M. , and resumed at 11 :00 A.M. Moved by Councilman Allred to move Item 7h behind Item 7a. Motion seconded by Councilman Kirkham, and carried unanimously. Item 4a Resolution No. 78-88 RESOLUTION APPROVING THE APPRAISAL OF PARCELS #17-A, #45, #46, #47, #47-A, #51 , #52, #53, #54, #57, #59, and #60 FOR THE HOLLIDAY CREEK CHANNEL IMPROVEMENT PROJECT, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION. Moved by Councilman Buffum that Resolution No. 78-88 be passed. Motion seconded by Councilman Thompson. Councilman Thomas noted that he refrained from discussion and voting because of a conflict of interest. Councilman Buffum inquired about this process, stating that believes fair market value should be looked at. Mrs. Chasteen explained that there are two appraisers in Wichita Falls qualified to appraise for federally funded projects. They do not compare the appraisals with what is on the tax rolls. She stated that she is certified to review these because of her real estate license. She explained various damages and costs in the land value. Some of these are car lots on the Jacksboro Highway. All of these are easements except for Parcel 17, which will be a fee title. Various parcels were discussed. Mrs. Chasteen stated that most parcels are twenty cents per square foot. Mr. Bonnet explained that our land costs on the Holliday Creek project are running about two times the cost estimated by the Corps of Engineers. Mrs. Chasteen noted that all property has to be compared with comparable sales in the area. Mr. Berzina explained that there are federal requirements that must be followed in the appraising of the property. The motion carried by the following vote. 832 Item 4a (Cont'd) Ayes: Charles Harper, Mayor, Councilmen Thompson, Allred, Buffum, and Kirkham Nays: None Item 7a Ordinance No. 45-88 AN ORDINANCE AMENDING CHAPTER 194 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS; PROVIDING REQUIREMENTS FOR OUTDOOR STORAGE YARDS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATIONS AND MAKING THIS ORDINANCE CUMULATIVE OF OTHER ORDINANCES AND PROVISIONS OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS Moved by Councilman Allred that Ordinance No. 45-88 be passed. Motion seconded by Councilman Thompson. J. Q. Smith, Attorney, introduced Leon Flake. Mr. Flake suggested that the ordinance be tabled because some people cannot afford to build a fence. Charles Harper, Mayor, requested that only new information be presented to the Council . Willie Vaughan, 3210 Iowa Park Road, again opposed the required fencing in this ordinance. He stated there are seven salvage yards on Sheppard Access Road. (Councilman Hirschi returned at 11 :33 A.M. ) Mr. Vaughan stated that he is not opposed to progress and cleaning up. Just because someone calls a city staff member and complains does not mean that something is truly wrong. Councilman Thomas noted that he hopes that Mr. Vaughan is not threatening the Council . Mr. Vaughan stated that he wasn't. Councilman Thomas pointed out that all complaints which have been filed are legitimate, or they were withdrawn. Mr. Vaughan stated that he is opposed to the ordinance. He believes it will put some people out of business, and that it cannot be enforced. When all else fails, he will build any fences required, but only at the last resort. He stated he has not lobbied any council member as individuals. He is basically opposed to the fencing requirement. Councilman Kirkham asked if there is an alternative to the fencing requirements? Mr. Vaughan thought the ordinance should be written so as to not issue another salvage license in the city. Councilman Thomas stated that the zoning ordinance will take care of that. They have hundreds of calls on locations in neighborhoods, not Sheppard Access Road, except for one or two. He does not think fencing is the problem. They are looking at a way to screen homes from salvage in Wichita Falls. He mentioned complaints from people who cannot sell their property because of salvage yards in a residential area. The homes were there before the salvage yards came. Councilman Hirschi asked about any salvage yards which exist in zones below heavy commercial ? Mr. McKinney stated there are several of them. Councilman Thompson mentioned a salvage yard on Walnut and Virginia, which is a disgrace to that area of the city. It was noted that the lowest impact zone where salvage yards are permitted is heavy commercial and heavy industrial . Outdoor storage is permitted in heavy commercial . Councilman Kirkham stated that there are a number of outdoor storage areas in residential areas. Mr. McKinney agreed. 833 Item 7a (Cont'd) Claude Robertson, 2300 Jasper, mentioned contractors storage yards which are made as an exception under the ordinance, along with new and used auto and related shops. He is opposed to the ordinance. Mr. McKinney noted that items incidental to the operation would not be included. Any new operations would be regulated by the zoning ordinance. A motion was made by Councilman Thomas to strike Section 19,-3 (fencing) . It died for lack of a second. Further discussion continued, and a motion was made by Councilman Hirschi to add Item (8) to Section 194-3(f) to read existing storage yards in heavy commercial or heavy industrial zones to be exempt from the fencing requirements of the ordinance. Motion seconded by Councilman Thompson. Discussion continued on storage yards in various locations for many years, and Mr. Robertson mentioned children playing inside his fence. He would like to have a six-foot chain link fence in order j to see children playing through the fence. Councilman Kirkham would like to see them have a fence, but not necessarily a screening fence. Councilman Thompson called for the question. It was seconded by Councilman Thomas, and carried unanimously. The motion on the amendment carried unanimously. Councilman Hirschi asked that the typographical errors be corrected in Section 19a-3(a)(1) and (2) to add "that part of" in both paragraphs following the words "perimeter of" , and also add the word "new" in that same section (f) (2) to indicate that the word "new" applies to everything listed. The owner of Southwest Auction on Sheppard Access Road stated that he wanted his merchandise to be seen. Othniel McKinney stated that he has repossessed cars, and wondered if they would be considered salvage? Mr. Jim King stated they would be exempted if they were operational and had licenses and inspection stickers. Mr. J. 0. Smith noted that you cannot address aesthetics under the law. It appears that a comprehensive zoning provision is what is needed. George Vanda, 4436 Call Field, wondered if antique autos are exempted under the ordinance. Mr. Hodge noted this ordinance will completely replace the old Chapter 19, of the Code. Mr. McKinney noted that Chapter 20 deals with individual junk vehicles. Mr. Hodge stated that anything that is now existing, if not excepted by this amendment, would be affected. Nothing would be grandfathered under this ordinance unless it is excepted. Mr. McKinney stated this only affects Chapter 194, not Chapter 20, and he would be required to fence his property. Jim Goins, 1103 3rd Street, asked about his property. Charles Harper, Mayor, noted that it would be included in this ordinance. Charles Harper, Mayor, stated it offends him that people suggest or claim that councilmen favor certain people, especially contractors. Councilman Thomas stated that anyone who owns a salvage yard in heavy commercial or heavy industrial districts, and who has a question, will ask it so they can point it out. Evelyn Hoseid, 210 Austin, mentioned junk yards of lumber and rubbish in the 1000 and 1100 blocks of Third Street. It was explained that this ordinance would cover it. 834 Item 7a (Cont'd) Mr. Robertson stated he also has a yard on Stesco Street. He does not know what zone it is. Someone else mentioned he does not know what zone he is in on the Iowa Park Road. Marvin Oster owns a service station on Giddings and Holliday. He does not know how he falls in this ordinance. Mr. King stated they have discussed this property several times. His back yard does qualify as a junk yard, and would fall under the ordinance provisions. They have received about twenty justified complaints on this location. Councilman Buffum clarified where fences would be required under this ordinance. An amendment was moved by Councilman Buffum that Section 194-3(b) (2) omit the words "above surrounding grade" . Motion seconded by Councilman Hirschi , and carried unanimously. Councilman Thompson called the question. It was seconded by Councilman Allred, and carried unanimously. The motion for passage of Ordinance No. 45-88, as amended, carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thompson, Allred, and Kirkham Nays: Councilmen Thomas and Buffum Item 7h A proposed ordinance was presented rezoning Lots 5-10, Block 2, Sibley Taylor Addition, from single family residential , standard lot zone, to general commercial zone. A motion was made by Councilman Thompson and seconded by Councilman Allred for its passage. Mr. Berzina passed out copies of the latest opposition. A simple majority is needed for passage. David Brock presented petitions to the City Manager, stating this makes one hundred percent objection from the people to change the ordinance. Mr. McKinney pointed out that two residents were in favor. Mr. Brock stated the owners objected to both general commercial and heavy commercial after the Planning and Zoning meeting. He commended Councilman Buffum for coming to their neighborhood. He stated he is opposed to the rezoning as presented. The motion failed by the following vote. Ayes: None Nays: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham The City Council recessed at 1:25 P.M. , and resumed at 2:05 P.M. Item 9a Resolution No. 79-88 RESOLUTION AWARDING BID FOR THE CONSTRUCTION OF THE LANDFILL SCALE PROJECT 335 Item 9a (Cont'd) Moved by Councilman Thomas that Resolution No. 79-88 be passed. Motion seconded by Councilman Thompson. George Berry, 3611 Sheridan, with Thacker and Berre, addressed the scale itself. He requested that the Council award the bid to them because they are a local contractor, and the money will stay here in Wichita Falls. Charles Harper, Mayor, explained that we are barred by state law from accepting low bids because they are local . Mr. Hodge addressed the appropriate statute, which states that the bid must be awarded to the lowest responsible bidder. Mr. Berre requested the geographical area to be brought in closer. Bill Parker, City Engineer, discussed the scale. Lee Fowler, with Lewis Distributing, Inc. , Lewis Scale, in Oklahoma City, stated he had a copy of a letter from Joe Leonard to Toledo Scale, along with a copy of information returned to Joe Leonard on October 8, 1987. Their position is that they did provide ample information in time for consideration. He feels they met the requirements. Mr. Parker explained that they did not get information from the first two bidders in the seven days requested. They are appealing to the Council for consideration based on information sent to the wrong representative of the City. It was mailed to Joe Leonard. Mr. Bonnett explained that in October the Sanitation Department contactedeight bidders, and from this a set oif specifications was made. There was no submission made by Toledo Scales in response to the bid. Specifications were not published until March, 1988. Mr. Parker stated that if the scale had been submitted it would probably have met specifications , but they did not receive it. Mr. Fowler stated he appreciated the opportunity to work with the City at another time. i Steve Cole, Webb City, Missouri , Cardinal Scale, stated they did not receive any inquiry from the City of Wichita Falls on specifications. He stated there is one place where they talk about not meeting specifications because it is a lighter scale. He stated it will meet and exceed what was placed in the specifications, and on the lot they will place it on. He believes their product meets the requirements for being best quality and cost. Mr. Parker stated they sent bid notices to general contractors, rather than scale supply companies. They did not receive a bid from them. A representative from Nicol Scale Company noted that their bid allowed local bidders to make bids. The motion was carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 9b Resolution No. 80-88 RESOLUTION AWARDING BID FOR THE CONSTRUCTION OF THE LANDFILL SCALE PROGRAM, SCALE HOUSE PORTION Moved by Councilman Allred that Resolution No. 80-88 be passed. Motion seconded by Councilman Buffum. Chester Watkins, with Tri-1W Enterprises, Inc. , stated that they would use local people to do the job here. 836 Item 9b (Cont'd) The motion carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 7b Ordinance No. 46-88 ORDINANCE AMENDING ORDINANCE NO. 11-88, WHICH ESTABLISHED THE TRAFFIC SAFETY COMMISSION, TO MAKE SOME CHANGES IN MEMBERSHIP AND QUORUM. Moved by Councilman Kirkham that Ordinance No. 46-88 be passed. Motion seconded by Councilman Thomas, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None (Councilman Hirschi was out of the room. ) Item 7c Ordinance No. 47-88 ORDINANCE WAIVING SECTION 27-29 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ALONG THE WEST LINE OF LOT 4-A, ED WOODALL SUBDIVISION NO. 2 Moved by Councilman Buffum that Ordinance No. 47-88 be passed. Motion seconded by Councilman Thompson. It is noted that there are very few sidewalks in the area. The motion carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 7f Ordinance No. 48-88 ORDINANCE AMENDING ORDINANCE NO. 42-88 TO PROVIDE THAT THE FUNDING FOR THE FEASIBILITY ASSESSMENT FOR REINVESTMENT ZONE #1 SHALL BE ACCOMPLISHED BY TRANSFERRING $60,000 FROM ACCOUNT NUMBER 11-232-4113 TO ACCOUNT NUMBER 67-670-1420 RATHER THAN APPROPRIATING SAID FUNDS FROM GENERAL FUND EQUITY. Moved by Councilman Thompson that Ordinance No. 48-88 be passed. Motion seconded by Councilman Allred. The Council wondered how long it will take to recover our costs. Mr. Werner noted that he cannot now see any change in development of the area. 837 Item 7f (Cont'd) The motion carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Thomas, Thompson, Allred, Buffum, and Kirkham Nays: Councilman Hirschi Item 7g Ordinance No. 49-88 AN ORDINANCE MAKING AN APPROPRIATION FROM THE WATER AND SEWER FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY Moved by Councilman Allred that Ordinance No. 49-88 be passed. Motion seconded by Charles Harper, Mayor. Mr. Bonnett explained that this appropriates interest from previous bond funds. The total project runs from the sewage treatment plant and River Road to just South of Midwestern Parkway. It is a four and one-half million dollar project. This has to go in as part and parcel of the Holliday Creek project. This is Phase I of the sanitary sewer project. Mr. Hodge stated that we have an easement for drainage and utilities which can only be used for that purpose. Councilman Hirschi would like to call it drainage utility and parkway easement. The question was called by Councilman Thompson, seconded by Councilman Allred, and carried unanimously. The motion for passage of Ordinance No. 49-88 carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 7i Ordinance No. 50-88 ORDINANCE WAIVING SECTIONS 22-1(A)2 AND SECTION 22-3 OF TeE 1 . CODE OF ORDINANCES, AND RESOLUTION NUMBER �509 AS A��ENDEC TO PERMIT THE WICHITA COUNTY SHERIFF'S ASSOCIATION TO DRIVE VEHICLES UPON JAYCEE PARK, TO EXTEND CURFEW HOURS. THEY WISH TO SPONSOR A CONCERT AT JAYCEE PARK ON SEPTEMBER 23-24, 1988 TO BENEFIT THE WICHITA COUNTY SHERIFF'S ASSOCIATION. Moved by Councilman Allred that Ordinance No. 50-88 be passed. Motion seconded by Councilman Buffum. Charles Harper, Mayor, and Councilman Kirkham did not feel we should lower the percentage. The Council deleted the portions of the ordinance that dealt with lowering the percentage. Don Richey, 4800 Brookdale, stated that they hope to make $50,000. Councilman Hirschi stated that if they make that much, they are looking at shifting $250,000 or $300,000 out of the community. Mr. Richey stated that forty percent of the total sales will leave Wichita County. 838 Item 7i (Cont'd) Councilman Kirkham called the question. It was seconded by Councilman Thomas, and carried unanimously. The motion for Ordinance No. 50-88 carried by the following vote. Ays: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 7 j Ordinance No. 51-88 ORDINANCE WAIVING THE PENALTY AND INTEREST PROVISIONS OF ORDINANCE 48-83 FOR DELINQUENT TAXES DUE TO CITY ON TAX ACCOUNT NUMBERS 0130-017-0202, 1090-060-0000, 4900-060-0000, 0130-012-0100, and 0130-058-0100 Moved by Councilman Allred that Ordinance No. 51-88 be passed. Motion seconded by Councilman Thomas, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 7k Ordinance No. 52-88 ORDINANCE WAIVING THE PENALTY AND INTEREST PROVISIONS OF ORDINANCE 48-83 FOR DELINQUENT TAXES DUE TO CITY ON TAX ACCOUNT NUMBER 2790-005-0000 Moved by Councilman Allred that Ordinance No. 52-88 be passed. Motion seconded by Councilman Kirkham. Mr. Werner noted that we do not have a contract with the Appraisal District for reimbursement if they make a mistake. The motion carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 71 A proposed ordinance was presented waiving penalty and interest provisions for delinquent taxes due to City on Tax Account Number 1141-033-0000. A motion was made by Councilman Thomas, and seconded by Councilman Hirschi for its passage. Rosemary Harmon appeared, representing Mr. Klaus Schmueser in Furstenfeldbruck, Germany. She explained that he sold the house in 1985, but later had to take it back in probate. She maintained that it was not his responsibility to furnish the tax office with his address in Germany. When the tax statements were sent out they went to the 4326 Berwick address, which caused long delays. 839 Item 71 (Cont'd) Mr. DeWitt explained that the law is clear. In 1985-86 they mailed the tax statements to the property address. No other address was given to the Tax Department. Mr. Hodge explained that anytime you acquire a piece of property by foreclosure, if the party that owned it before you did not pay the taxes, the new owner has to pay the taxes, penalty, and interest. On the 1985-86 taxes there might be something we could do on attorney's fees, but there is nothing we can do on taxes, penalty, and interest. Councilman Thompson believes we should be consistent in these matters. Charles Harper, Mayor, stated he would vote in favor of the ordinance only because the man lives in Furstenfeldbruck, our sister city. The motion failed by the following vote. Ayes. Charles Harper, Mayor, and Councilman Hirschi Nays: Councilmen Thomas, Thompson, Allred, Buffum, and Kirkham Item 7m Ordinance No. 53-88 ORDINANCE WAIVING THE PENALTY AND INTEREST PROVISIONS OF ORDINANCE 48-83 FOR DELINQUENT TAXES DUE TO CITY ON TAX ACCOUNT NUMBER 3400-067-0000 Moved by Councilman Thomas that Ordinance No. 53-88 be passed. Motion seconded by Councilman Kirkham, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None Item 7n Ordinance No. 54-88 ORDINANCE AUTHORIZING THE CITY TRANSPORTATION DEPARTMENT TO PROVIDE FREE TRANSPORTATION ON MAY 7, 1988, FOR VOTERS TRAVELING TO AND FROM POLLING PLACES Moved by Councilman Hirschithat Ordinance No. 54-88 be passed. Motion seconded by Councilman Thompson. Robert Parker explained this would only be on regular routes. Councilman Buffum questioned the benefit to voters if we don' t go by many polling places. The motion carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None 840 Item 8b A proposed resolution was presented regarding purchase of electrical transmission facilities at River Road Wastewater Treatment Plant. A motion was made by Councilman Hirschi for its passage. Motion seconded by Councilman Allred. Jerry Gross mentioned a license granted to A. P. Clark Company and EMD, Inc. , for methane gas. In order to do this all meters would have to be tied into a single metering point. We have been in various negotiations with TU Electric, and continuing discussions have been held with Clark and TU Electric. The question arises as to whether we should go ahead while discussions are being held, and centralize the metering point. We would be responsible for maintaining the system. A maintenance contract would be with a local electrical contractor. This would cost some amount of money. The initial capital investment would be about $105,000. If methane generators fail , we will have immediate access to Texas electric power through switches they will install . We will have to pay for this standby power. Councilman Buffum is concerned that this methane could be depleted in two years. Mr. Gross noted that the question is do they want them to go ahead even though the methane contract may never come to pass? Jim Brown, Texas Electric, addressed this, stating it is desirable for the cust-omers when they are able to do it. Mr. Bonnett explained that consolidation makes sense, but there is a risk involved. They believe it is worth pursuing, but it is with some trepidation they are pursuing it. They believe at this time they should move forward because the $34,000 per year is a material cost savings, but we may not have the service we now have. The motion failed by the following vote. Ayes: Charles Harper, Mayor, and Councilman Hirschi Nays: Councilmen Thomas, Thompson, Buffum, and Kirkham (Councilman Allred was out of the room. ) Item 8c Resolution No. 81-88 A RESOLUTION APPROVING AND AUTHORIZING A LEASE CONTRACT WITH THE WICHITA FALLS BOAT CLUB FOR A LOT ON NORTH SIDE OF LAKE WICHITA, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH LEASE CONTRACT. Moved by Councilman Thomas that Resolution No. 81-88 be passed. Motion seconded by Councilman Kirkham, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None (Councilman Allred was out of the room. ) Item 8d Resolution No. 82-88 RESOLUTION TO APPROVE PHASE I OF HOLLIDAY CREEK SANITARY SEWER INTERCEPTOR. 841 Item 8d (Cont'd) jMoved by Councilman Buffum that Resolution No. 82-88 be passed. i Motion seconded by Councilman Thompson, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None (Councilman Allred was out of the room. ) Item 8f was removed from the agenda. Item 10a Resolution No. 83-88 RESOLUTION ACCEPTING CONSTRUCTION AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR FOR THE HOLLIDAY CREEK EROSION CONTROL PROJECT Moved by Councilman Kirkham that Resolution No. 83-88 be passed. Motion seconded by Councilman Hirschi , and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None Item 10b Resolution No. 84-88 RESOLUTION TO ACCEPT CONSTRUCTION OF 1 .0 MG ELEVATED' STORAGE TANK AND AUTHORIZE CITY MANAGER TO MAKE FINAL PAYMENT Moved by Councilman Thomas that Resolution No. 84-88 be passed. Motion seconded by Councilman Allred, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None Item 10c Resolution No. 85-88 RESOLUTION APPROVING CHANGE ORDER NO. 2 FOR THE UNDERGROUND SPRINKLER SYSTEM, TREES, PLANTS AND GROUND COVER CONTRACT AT THE SOFTBALL COMPLEX Moved by Councilman Thomas that Resolution No. 85-88 be passed. Motion seconded by Councilman Thompson, and carried by the following vote. 842 Item 10c (Cont'd) Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum and Kirkham Nays: None Item lla Jack Murphy presented a report on the riverwalk project. They are looking at general clearing to O' Reilly Park as of the end of September. At some point we need heavy equipment. It may take until next February or March to get it completed. They are looking at two crews of youth of five each for this project. We have not heard anything on the grant from the Parks and Wildlife Department. Councilman Hirschi feels it would be good to bring together some of the groups who are friends of the riverwalk to assist in raising funds for this project. Councilman Allred noted that Streams and Valleys had already included these groups. Mr. Berzina agreed with Councilman Allred' s assessment of it. Councilman Kirkham proposed a booster club for Wichita Falls for specific projects. Nothing was presented for Item llb. Item llc Councilman Thomas mentioned a place on the Jacksboro Highway where he drove through sewer water. Mr. Bonnett stated they have found several sources of in-flow into that trunk line, and have eliminated it. He feels we will find a continuous problem along the line. They will be able to find the problem later. He expects it to be terribly slow and expensive. We need to ask permission for relief of Holliday Creek. Councilman Buffum is still concerned about putting a sewer line under the Holliday Creek channel . If they got a rupture they would have to bypass it. Councilman Thomas asked about a plaque in Harold Jones Park. Mr. Murphy stated they are going back to the foundry to remake the plaque for outside weather conditions. Charles Harper, Mayor, mentioned our regulations on a contractor within a 50-mile radius. Mr. Bonnett explained that he had previously misunderstood him, and that he would provide the information. Charles Harper, Mayor, noted that Faith City Mission did not have any insurance on the building when it burned. They offered to give the City the property if we would remove the salvage and forgive any charges which occur to remove the debris. The property would then be ours. Mr. Berzina suggested that they get some estimates to take it down, and fill up the hole. Councilman Hirschi again mentioned the Seventh Street crossing, and get something on the next council agenda. Mr. Bonnett estimated $126,000 for a 24-foot crossing. They net with the Railroad, who asked 843 Item llc (Cont'd)' them to participate in a study with them to bring the crossing under the railroad on Third Street, and abandon the crossing. The Railroad agreed that if we would look at the cost of relocating the facilities, they would look at paying the cost for the study. Grade separations are very costly. His office can do the costing out of utility relocations Councilman Thompson went on record as being opposed to this. The whole area of Park Street died as a result of this several years ago. It will not be worth the inconvenience caused. Councilman Buffum asked who has any jurisdiction over the railroad? Mr. Hodge explained that we have historically had problems with the train blocking the crossing. We have some authority to regulate speed, and there is some regulation on the amount of time they can block the crossing. He will get the information for the Council . Councilman Hi rschi asked for a library survey by i'ir. beaters. 1'iiss Houseworth has a survey based on other cities, which should be applicable to us. Councilman Kirkham commented on the use of the softball field last week-end. People expressed their pride in it. There was also skateboarding and soccer playing going on. Dogs were tied up to trees, etc. He requested that we look at this, and take some early action. He also mentioned intercoms for each field. He stated that this is a must for this facility. Mr. Murphy stated that they went out and got bids for about $4,800. Councilman Kirkham understood that the City would put in the intercom system. The Council agreed that the City Manager should proceed to get it put in. The computer sign also has to be corrected. Councilman Thompson mentioned the 312 Loan Program, which seems to be going very slowly. Mr. Berzina stated that Bob Henderson feels it is being taken care of. He also mentioned the Enterprise Zone, and hopes the City will move forward with an Enterprise Zone ordinance. Councilman Thompson noted that on April 29, from 4:30 to 7:30 at the Activities Center, there will be an opportunity to view some of the work which the Texas Tech students are proposing. Item lld The City Manager passed out a report on the City' s policy on outside boater requests. Charles Harper, ",Iayor, stated that another dater District is being put together outside the city. Mr. Bonnett stated that they have been made aware that this has a high potential of being refused by the City Council . It is in the Windthorst Road area. Mr. Berzina also stated that he will put copies of the Bristol Street report in their mail boxes. iN11r. Berzina stated the owners of the drive-in theatres are proposing that the City could take down those screens at our liability. Councilman Thomas stated that every time we do this, we are �iiaking the property more saleable. He would rather purchase the property, and then tear it down. Mr. Murphy stated that city forces have not pulled down any poles out there. 844 Item lld (Cont'd) Mr. Berzina stated that at 10:00 O'clock tomorrow morning the accreditation ceremony will be held at the police station, with a reception to follow. Miss Houseworth mentioned a memo on renovation of the Activities Center with regard to spending $20,000. Once the carpet is down they would like to go ahead with purchase of some other furnishings, and schedule an open house at a later date. Items lle, f The City Council recessed into executive session at 5:20 P.N. , and reconvened at 6:15 P.M. Moved by Councilman Thomas that the following board appointments be approved. a. MHMR - Public Responsibility Committee fiajor Harry Howitt - term to expire 8-31-89 b. Civil Service Commission Art Frerich (reappointed) - term to expire 3-1-91 c. Planning and Zoning Commission Sally Bradburn - term to expire 5-31-91 d. Zoning 3oard of Adjustments and Appeals 3urrell E. Lacey (Fourth Alternate) - term to expire 12-31-88 (Syd Litteken to move up from first alternate) e. Water Retention Task Force - Roby Christie f. Human Relations Commission Stephan Bolton - term to expire 12-31-89 Larry Steven Johnson - term to expire 12-31-89 Leona Hancock - term to expire 12-31-88 Richard E. Lewis - term to expire 12-31-90 Motion seconded by Councilman Kirkhas,i, carried unaniJo-jsiy. Item llg Resolution No. 86-88 RESOLUTION APPOINTING LARRY GILLEN MUNICIPAL JUDGE FOR A TWO YEAR TERM Moved by Councilman Thomas that Resolution No. 86-88 be passed. Motion seconded by Councilman Kirkham, and carried by the following vote. Ayes: Charles Harper, Mayor, Councilmen Hirschi , Thomas, Thompson, Allred, Buffum, and Kirkham Nays: None 845 Item llg (Cont'd) Councilman Allred requested the City Manager to bring back for consideration $6,000 from the special events fund for the Mounted Patrol arena. Councilman Kirkham requested that the microphones be repaired at the Director's table. The City Council adjourned at 6:25 P.M. 9 PASSED AND APPROVED this f day of I 1988. r -,/ Charles Harper, Mayor ATTEST: Wilma J. Thom s, C1MIC A`AE City Clerk it i