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Min 07/19/1988 908 Wichita Falls, Texas Memorial Auditorium Building July 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. Perry Goolsby Mayor John Hirschi - Charles Thomas - Angus Thompson - Councilors Ron Buffum - Don Kirkham - James Berzina City Manager H. P. Hodge City Attorney Wilma J. Thomas City Clerk Fred L. Werner Finance Director The invocation was given by Jerry Kay, New Life Cathedral . Wayne Tarkington, representing AARP, extended an invitation to the Council , staff, and others, to attend the dedication of the flag at the Falls on Monday, July 25, 1988, at 10:00 O'clock A. M. Item 3 Moved by Councilor Kirkham that minutes of the meeting held July 5, 1988, be approved. Motion seconded by Councilor Thompson, and carried unanimously. Items 4a-7g Moved by Councilor Buffum that the consent agenda be approved. Motion seconded by Councilor Hirschi . Item 4a Ordinance No. 87-88 ORDINANCE WAIVING THE PENALTY AND INTEREST PROVISIONS OF ORDINANCE 48-83 FOR DELINQUENT TAXES DUE TO CITY ON TAX ACCOUNT NUMBER 4010- 008-0000 Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None Item 5a Resolution No. 148-88 RESOLUTION TO SEEK DESIGNATION AS A WASTE TREATMENT MANAGEMENT AGENCY Ayes : Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None Item 6a Resolution No. 149-88 RESOLUTION TO AWARD BID FOR THE 1987-1988 COMMUNITY DEVELOPMENT OVERLAY PROJECT 909 Item 6a (Cont'd. ) Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None Item 7 Minutes of the meetings of the following Boards and Commissions were received. a. Kemp Public Library Advisory Board - May 25, 1988 b. Water Resources Task Force - July 8, 1988 c. Water Resources Task Force - June 10, 1988 d. Zoning Board of Adjustment - June 23, 1988 e. Wichita Falls/Wichita County Public Health Board - June 24, 1988 f. Human Relations Commission - June 28, 1988 g. Mayor' s Commission on Status of Women - July 7, 1988 Ayes : Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None Item 8a A public hearing was opened on the request of Mr. Claudio Ramirez, Sr. , for additional taxicabs. Glynn Purtle, 700 Scott, appeared as attorney for Yellow Checker Cab Company. He explained that he had set out his position on this matter in a letter to the City Attorney back in April . They also operate in Fort Worth, Shreveport, and Austin, and have sufficient resources to place more cabs in operation, if needed. He feels Mr. Ramirez is going counter to his previous statements that more cabs are not needed. Mr. Purtle explained that there is no noted growth in the cab market. He feels it is about the same, or possibly a little less than it was six months ago. They have eighteen cabs, and one or two extras on weekends. He feels there is a tendency for the sole proprietor taxicab operator to use radios, and stay in the heavily marketed areas , and not serve the city as a whole. He can only surmise that the change in Mr. Ramirez ' position since he opposed Mr. Shaw' s operation is because there are other cab operators who would like to get into the market since Mr. Shaw' s application was not approved. Claudio Ramirez, Sr. , 2013 Elizabeth, stated that it was his intention several years ago to operate a taxicab business in Wichita Falls. Business is bad here, but any extra dollars that someone can pick up, he will go for it. Councilor Kirkham asked if this cab business is his full time job? Mr. Ramirez stated that his full time job is at the base. He personally supervises these cabs and drivers. He handles complaints right away. When asked, he stated that two of his cabs have yellow stripes on them. Councilor Hirschi noted that he appreciates any attempts to provide new jobs, but is he creating new jobs or moving them from one cab to another? He stated that the ones he has hired are unemployed. They may have been fired from another cab company. Councilor Buffum asked Mr. Ramirez why he is only operating three cabs, when they could operate five cabs? He stated that some of them had to be inspected. Councilor Buffum noted that he opposed Mr. Shaw' s request because there were too many, and asked what caused him to change his mind? Mr. Ramirez addressed this . Councilor Thomas stated that he is very disappointed with the taxicab service in Wichita Falls. The City has to steam clean the oil leaks at 910 Item 8a (Cont'd. ) the airport where the cabs park. He sees no reason why we should do anything until we get the quality of our cabs up to standard. We still don 't have local taxicab care in Wichita Falls. Mayor Goolsby confirmed with Mr. Ramirez that basically his reason for wanting additional cabs is because of people wanting jobs, and not on supply and demand. Mr. Purtle presented photographs of Mr. Ramirez' cabs, which are yellow cabs. When these drivers go over to their competition they take their yellow cab, even though they do not use the checker design. He noted that this and another cab have not been inspected. Mr. Purtle stated that if there is a need for additional cabs , they could put them in service immediately, and get drivers for them. Councilor Thomas stated that he hoped he would relay back to his client the need for quality of cabs. Mr. Purtle stated that comparing it to five years ago, he believes they are better. Councilor Thomas agreed that it had improved somewhat after they got competition. Councilor Kirkham asked that those responsible for inspecting cabs would update them on both these companies . He would like to know what the City knows about these two companies. Councilor Hirschi also desired information on the age of the fleet. Mr. Berzina suggested that we finalize the application of Mr. Shaw at the same time. Councilor Thompson would like to know how the citizens feel about the service they receive. The public hearing was closed. Item 9a Ordinance No. 88-88 AN ORDINANCE WAIVING THE WORDS "AUTO PARTS" FROM THE FIRST SENTENCE OF SECTION 19;-3, SUBSECTION (b) , PARAGRAPH (4) OF ORDINANCE NO.45- 88, ALLOWING THE FRONT FENCE, LOCATED AT TEXAS AUTO SALVAGE, 4104 IOWA PARK ROAD, TO REMAIN AS PRESENTLY CONSTRUCTED OF SALVAGE WHEELS AND WHEEL COVERS ("HUBCAPS") Moved by Councilor Hirschi that Ordinance No. 88-88 be passed. Motion seconded by Councilor Thomas. C. E. Henry, 5001 Della, stated that he would like to keep his hubcap fence, which has been in existence for twenty-two years. The property was in the city limits when the fence was installed, and was built to satisfy the display of his hubcaps. Councilor Hirschi stated that he has some concern that this is a relatively unique situation. He suggested certain language for the reason for granting a variance. Councilor Thomas stated that he has known Mr. Henry for many years, and has known him to be a person who does exactly what he says he will do. He does not think the ordinance was designed to stop a retail business from existing. If a solid fence were put in there it would detract from his business. He would not vote to put another one in like it, but since it has been there so long it adds to the neighbor- hood. Fencing the sides and back will help the neighborhood. Councilor Buffum also mentioned unique situations which have been grandfathered in the past. City Attorney H. P. Hodge stated that some waivers are not improper, and he addressed unique situations. He just wanted to point out the problems of granting waivers. Councilor Buffum believes this to be a situation where a waiver is proper. Mayor Goolsby agreed with this thinking, stating that we need something in this ordinance to spell out that this does not interfere with anyone 's view. Mr. Hodge believes what Councilor Hirschi has said would take care of this . Councilor Thompson noted he would consider whether fences in question would be a detriment to the area . 911 Item 9a (Cont'd. ) Councilor Kirkham asked what is holding these hubcaps up, and Mr. Henry explained it is automobile wheels welded together. Councilor Kirkham noted it is held together by used auto parts, and Mr. McKinney stated that the ordinance specifically stated that used auto parts shall not be used for fencing. There are others who use auto parts for fences, and this is what bothers him. Councilor Kirkham explained that he has sympathy with Mr. Henry, but he cannot in all good conscious waive this. If we waive this one then we could have many more coming in requesting waivers for other auto parts, and the same principal would apply. Councilor Hirschi noted that both wheels and hubcaps are auto parts. Councilor Kirkham stated that if he had a wood fence with hubcaps hanging on it, it would not be a fence, but now the hubcaps and wheels are the fence. Councilor Thomas agreed, stating if this were coming to them to build a fence he would be against it, but the only reason he would grant it would be because of the age and uniqueness of it. Councilor Thompson agreed. Councilor Buffum noted that Councilor Kirkham had made a very valid point. Mr. McKinney stated that there is an appeals process to the Zoning Board of Adjustment, and this ordinance would apply to both new and existing fences. Moved by Councilor Hirschi a new paragraph be added stating that "Whereas, the unique character of the Texas Auto Salvage fence has been in existence for twenty-two years, and has become a trademark for Texas Auto Salvage; and," . Motion seconded by Councilor Thomas, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, and Buffum Nays: Councilor Kirkham Mr. Hodge suggested adding a phrase to the last line of the last paragraph to clarify that this applies to the specific hubcap fence at 4104 Iowa Park Road. Moved by Councilor Hirschi that following the word "Road" , that the phrase "to allow the existing fence of "hubcaps" to remain" , be added. Motion seconded by Councilor Buffum, and carried unanimously. The motion for passage of the ordinance, as amended, carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None Item l0a Discussion was held on a proposed resolution approving mutual aid interlocal agreement with Wichita County, Burkburnett, Electra, and Iowa Park, to cooperate in police protection, criminal investigations, and law enforcement. A motion was made by Councilor Thomas, and seconded by Councilor Thompson, for it passage. Police Chief Harrelson explained that officers would still be held accountable by their own agency. There would be no impact on our budget. It clears up a lot of gray area, such as an officer working out of his jurisdiction, compensation, liability, etc. Certain discretion is left to the Chief by the ordinance. This states that jurisdiction is anywhere in the County. Mr. Hodge explained that he and the Chief had not talked about this particular point, and he had a little problem with it. Councilor Kirkham expressed concern about the jurisdiction of law enforcement officers in the geographic area. Mayor Goolsby asked under ki 912 Item 10a (Cont' d. ) what condition does he see a police officer going into another area without permission of the other area of enforcement? Chief Harrelson noted drugs and narcotic types of investigation. Councilor Thomas agreed with narcotic investigations, disasters, etc. , which are governed through the police chief, district attorney, and other agencies. Mr. Berzina could see problems of our officers writing tickets in another city. He would like to pull this, and narrow it down further. Chief Harrelson stated that he does not remember any type of situation occurring that they did not cooperate with other departments . He agrees with Mr. Berzina that it would authorize one of our officers to write tickets in another city, or have theirs over here doing the same thing. He feels these issues need to be cleared up in the minds of the Council . Mayor Goolsby felt it was to the benefit of other cities, also, to clear it up. Councilor Hirschi believes this interlocal agreement is a good beginning in the direction of a countywide crime commission. He requested that the Chief move ahead with this concept. Moved by Councilor Kirkham that this proposed interlocal agreement be brought back at the next council meeting. Motion seconded by Councilor Buffum, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thompson, Buffum, and Kirkham Nays: Councilor Thomas Item 10b A proposed resolution was presented waiving service fee provision of Res- olution 176-83 for Utility Collections and Water Distribution and Main- tenance Divisions on city water account 20-096-96252. Moved by Councilor Kirkham that the resolution be passed. Motion seconded by Councilor Hirschi , and failed by the following vote. Ayes : None Nays: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Buffum, and Kirkham Item 10c Resolution No. 150-88 RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO LEASE FOR OIL, GAS AND OTHER MINERALS CERTAIN LANDS LOCATED AT LAKE ARROW- HEAD IN ARCHER COUNTY, TEXAS Moved by Councilor Thompson that Resolution No. 150-88 be passed. Motion seconded by Councilor Buffum. Bill Thacker appeared, representing his son and 3-T Exploration, Inc. He made some suggestions on the royalty and term provisions, and also suggested that Section 3 (lease form) be removed. Councilor Buffum addressed drilling below the 926 foot elevation contour. He also explained to Councilor Thompson that they are only author- izing publication of notice of intention to lease for oil , gas, and other minerals at Lake Arrowhead. Bids can be rejected. He noted that there are standard lease forms used in the industry. The City of Wichita Falls has its own form, and that is very unusual . We can read another lease 913 Item 10c (Cont' d. ) form as well . Moved by Councilor Buffum that the resolution be amended to include 3/16 royalty, and a primary term of no more than three years, and to delete Section 3. Motion seconded by Councilor Thomas, and carried unanimously. Mr. Hodge addressed Section 6, suggesting that it be changed. Moved by Councilor Thomas that the section be changed to state that a separate lease will be considered on each tract, but a bid on a portion of a tract will not be considered. Motion seconded by Councilor Kirkham, and carried unanimously. The motion for passage of Resolution No. 150-88, as amended, carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None Item 10d Resolution No. 151-88 RESOLUTION ESTABLISHING PERIODIC MEETINGS FOR THE PURPOSE OF PRE- SENTING FINANCIAL INFORMATION AND PROVIDING FOR ADDITIONAL AUDIT SERVICES ON AN AS NEEDED BASIS Moved by Councilor Thomas that Resolution No. 151-88 be passed. Motion seconded by Councilor Thompson. Mayor Goolsby appointed a council committee consisting of Councilor Thomas, Chairman , and Councilors Hirschi and Barenberg, to study a means by which the Council is informed about the financial information of the City. They discussed this with the audit firm. A quarterly report scheduled by the City' s administrative staff was suggested. Additional independent audit services can be requested by three City Councilors. Mayor Goolsby feels this method is making the Council responsible for the financial condition of the City. Councilor Kirkham feels that if additional information is needed, they should hire the audit firm at that time. They can go to Mr. Werner or the department to see where the money is being spent. If they are not satisfied, then they can secure an outside auditor to do this . Councilor Buffum agreed. Mr. Berzina noted that this goes back to the election. It was not necessarily a runaway vote. He would like to make a revision of a reporting document to the Council , which would not be a radical change. They would be looking at each department by five figures in pizinted form, as opposed to a computer printout. He envisions the staff holding these meetings. Councilors Kirkham and Thompson favored the requirement of four counci- lors to ask for additional audit of financial information. Councilor Thomas favored three members because they might not receive factual infor- mation in the beginning. Moved by Councilor Thompson that the resolution be amended to change three City Councilors to four City Councilors. Motion seconded by Councilor Kirkham. Councilor Thompson stated that our City Manager is hired to manage the city. The Council ' s job is to establish policy. Councilor Hirschi stated that this is an attempt to try to present some checks and balances 1 914 Item 10d (Cont'd. ) more than just once a year. As Councilors, they have considerable liability to see that public funds are safeguarded. It is the Council 's liability, as well as the City Manager. Mayor Goolsby confirmed that three people could authorize the use of this money when they ask for a report from the auditor. The motion to amend carried by the following vote. Ayes : Councilors Hirschi , Thompson, Buffum, and Kirkham Nays: Mayor Goolsby and Councilor Thomas The motion. for passage of the resolution, as amended, carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thompson, Buffum, and Kirkham Nays: Councilor Thomas Councilor Kirkham stated that he favors four members requesting any- thing from a department. Mayor Goolsby feels all of them should go to the City Manager when they want information from a department. The City Council recessed at 10:45, and reconvened at 11 :00. Item 10e Resolution No. 152-88 RESOLUTION DETERMINING NECESSITY TO ACQUIRE PROPERTY FOR FILL AND TEMPORARY CONSTRUCTION AREAS FOR PHASE II OF THE HOLLIDAY CREEK PROJECT, APPROVING APPRAISALS, SETTING JUST COMPENSATION, AND AU- THORIZING PURCHASE OR CONDEMNATION Moved by Councilor Thompson that Resolution No. 152-88 be passed. Motion seconded by Councilor Hirschi . Councilor Buffum asked if we pay the equivalent price for these 48-month easements? Mrs. Chasteen explained that it is less. The motion carried by the following vote. Ayes : Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None Item 10f Resolution No. 153-88 RESOLUTION PROVIDING FOR THE ANNUAL AUDIT FOR FISCAL YEARS ENDING 9-30-89, 9-30-90 AND 9-30-91 , AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MATHIS, WEST AND HUFFINES Moved by Councilor Hirschi that Resolution No. 153-88 be passed. Motion seconded by Councilor Kirkham. Councilor Buffum stated that in the past we have always put this out for bids. He is concerned about not making this available for proposals. Mr. Hodge explained that the law says you can ask for proposals, but there is nothing that says you have to do that. Councilor Buffum felt that it should be passed around with other professional firms. Councilor Thomas agreed, but feels it should be left in Wichita Falls. There is a 30-day cancellation notice in the contract. The selection of this firm was not 915 Item 10f (Cont' d. ) to knock anyone out, but to keep a bit of continuity in it, as well as to keep it at the same price. Councilor Hirschi stated that he does not want to restrict people from making proposals. One or two of the large firms he checked with said they were not interested because they would have to hire additional people to do the specialized work. Councilor Kirkham asked for an explanation of changes mentioned in Item V. E. , which could be implemented. Mr. Werner stated that three years ago there was a major revision in the tax system. The application programs were changed in Municipal Court. He does not see any current changes needed. As it pertains to the Municipal Court system, he sees $800,000 in revenue going through that system. Mr. Berzina noted that one substantial change they have talked about over the years is a $300,000 to $400,000 change in the municipal finance system, but they do not have any plans to do this at this time. Mr. Werner stated that he had received a letter from an individual , and a phone call from another firm stating that they would unite their staffs if they could participate in it. Normally, proposals are sent out at the end of December. It is earlier than usual , but it is to the benefit of the City. Mr. Hodge noted a provision for contracts of two years, unless they advertise, but there is no problem since they have the 30-day cancellation notice. The motion for passage of the resolution carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi , Thomas , and Kirkham Nays: Councilors Thompson and Buffum Councilor Thompson noted that he is not opposed to this firm, but he feels it was not handled properly. He hopes other firms can be notified in the future to present proposals. He does not understand why we have to go for more than two years when the law mentions that. Item lla Resolution No. 154-88 RESOLUTION AWARDING BID FOR THE RECONSTRUCTION OF MIDWESTERN PARK- WAY FROM ARMORY ROAD TO HIGHWAY 281 Moved by Councilor Buffum that Resolution No. 154-88 be passed. Motion seconded by Councilor Thompson. Mr. Bonnett stated that if the material is as bad as the tests, they anticipate coming back to ask for additional thickness. He recommended they go from a six inch to a seven inch slab. He stated that the contractor has agreed to delay five days for a city crew to stabilize the base. He recommended that the bid be awarded, and come back with a change order. With the additional $14,000 needed, they anticipate a total contract price, including change order, of $109,000. They propose to shift two-way traffic to one side, and totally pave one side at a time. The construction period is expected to take approximately ninety days. The contractors bid the project on the basis of the soil borings. The successful contractor suggest- ed the additional tests . The motion carried by the following vote. Ayes : Mayor Goolsby, Councilors Hirschi , Thomas, Thompson, Buffum, and Kirkham Nays: None 916 Item 12a David Brock, 1209 21st, explained his problem of vandalism of his ', property on the East side by a band of youth. It started about six months ; ago, and is getting worse. There have been numerous police reports on the various vandalisms. He mentioned fence cutting, and he now has three horses at the animal control center. He also mentioned terrorism of persons who use the track behind Booker T. Washington, and fires set in his building. He stated that the youth who caught the vandals gave their names to the police. Chief Harrelson stated that he is not familiar with the property, and how it lends itself to patrol . He will look into it. Mayor Goolsby , requested that the Chief work with Mr. Brock to see what can be done. Tom Edmondson explained that impoundment fees are $50.00 per animal , plus $3.50 per day for board. He noted that Mr. Brock is not the only one who has vandalism and fence cutting. Mr. Berzina seemed to recall that they had waived the fee for Mr. Brock once before. Mr. Brock stated it was for goats . Mr. Edmondson explained that they have the same costs to incur in enforcing the ordinance for everyone. Sometimes they have to hire other persons to assist them in picking up the animals. Mr. Hodge explained that no matter how the animals got out, the City still has some cost in picking them up. Mr. Brock is not being fined for violating the law, but to reimburse the City for expenses they have been out. Item 12b Councilor Thomas addressed concerns on the proposal made to the Highway Department for the Urban Transportation System. He feels we are getting ourselves into a bind if we don 't address Midwestern Parkway very soon. This is a sharing of expense with the State . He agrees that Armory Road and Maurine Street also need to be extended, but he feels Midwestern Parkway should be put on the front burner for left turn lanes . The State has already accepted it. All we need to do is say that we have funds, and are ready to participate. Mr. Berzina noted that equity funds for Armory and Maurine Streets are in the budget. Councilor Thomas commented that Mr. Stacks has said that if the City is ready, the State would get ready as soon as possible. He believes all three projects should be accomplished, but he feels Mid- western Parkway is the most urgent. He suggested Midwestern Parkway, Armory, and Maurine, in that order. Enrollment has increased at Midwestern State University, and there is more traffic. Councilor Buffum mentioned waiver for a horse at the last council meeting. He asked if the waiver was given to the residence for the horse, or to Mr. Williams? Mayor Goolsby noted that his amendment would have taken care of this problem. Mr. Edmondson stated that the permit was issued to Mr. Williams. Councilor Buffum wants it made clear that the waiver does not go to the property, but to the individual . Mr. Berzina read from the ordinance that the setback requirement of 200 feet is waived to allow livestock (one horse) to be kept at 111 North Beverly. Councilor Thomas stated that it was not his intention to make it a horse farm. Mr. Hodge agreed that the ordinance needs to be clarified. Councilor Buffum asked that it be put on the next agenda. The reason he voted against the amendment was that it would not have allowed a replace- ment horse. Mr. Berzina feels the people left here thinking the waiver was for the address. Councilor Buffum wants to see the waiver for Mr. Williams only. Mayor Goolsby is concerned that this be placed in the deed records for information of future owners of that property. 917 Item 12b (Cont'd. ) Councilor Thomas stated that he received a request from Paul Irwin, of the Housing Authority, that they receive more police protection in that area. One of the highest crime areas is in the Ben Donnell area. He would like to step up some of our police protection efforts in that area. Councilor Thompson noted that the Farmers Market is doing an outstanding business. The greatest complaint is a lack of variety of restaurants in that area. Barbecue and Mexican food restaurants prevail . He hopes someone will recognize that there is an opportunity for them to make some money. Councilor Kirkham asked if there are any plans to do anything about the problem brought to them by Don Massie, on Ridgemont Street, concerning his home being washed away? Mr. Berzina noted that this has not been identified as a problem on which to spend capital money. Mr. Bonnett stated that three alternatives have been approached, with various costs. A capital improvement program would have to be looked at first. Mr. Berzina stated that the Council needs to tell them what they want to do with equity funds. Mr. Hodge addressed his research into the City's legal liability, if any. Cases in Texas are primarily concerned with flooding. Damage caused by the sloughing off a ditch is not addressed very much. He is looking at whether we could be charged for us allowing that to become a nuisance. We did not put that water down there. It is a natural drain. He has not yet established whether we would be obliged to do something about it. He also mentioned lateral support from another property. He doubts he will be able to give a categorical answer. He may be able to give them a written opinion of the best he can come up with by the next council meeting. Councilor Kirkham noted that the Selma Drive situation is almost the same thing. He requested that his opinion also address this matter. If it is a natural ditch, and not an easement, he does not think we have any obligation at all . Councilor Thomas noted that the contractor who put in the water system to pump water out of the lake disturbed this area. Councilor Kirkham thanked Mr. Stacks and the Highway Department for the work done on Loop 11. He mentioned roughness as you cross it to the service roads. He also appealed to the citizens who are using the service roads on Highway 287 to the Falls to keep their garbage in the cars. Councilor Kirkham discussed the problem at Covington and the irrigation ditch with high weeds and suspected activity going on because of darkness and no lighting. He wonders if perhaps we should waive the 600 feet to install lights. Councilor Hirschi requested that Mr. Hodge look into the legal aspects of identifying the person who throws litter out of a car. Some cities have made the owner of the vehicle liable. He also wonders if this is part of the training of new cadets coming into the academy. Councilor Hirschi would like some kind of recognition for the youth who are cleaning the Wichita River bank. He also expressed concern about ownership of the land within the orginal town section between the expressway and O'Reilly Park. Item 12c Mr. Berzina suggested they go look at the trail where the youth are cleaning. They did the same thing from the Falls to Sunset Street. 918 Item 12c (Cont'd. ) Mr. Berzina stated they want to go into budget hearings on August 2, if they get out of Council meeting in time. Mr. Berzina passed out information to the Council for them to consider on concerns of parking oversize vehicles. Items 12d, e The City Council recessed into executive session at 12:20 P.M. , accord- ing to Article 6252-17, Section 2, Paragraphs (e) and (g) of the Revised Civil Statutes. The meeting reconvened at 2:35 P.M. Moved by Councilor Thomas that the following be appointed to the Commission for Disabled Persons, with terms to expire May 31 , 1990. a. James D. Foster c. Mrs. Jackye Hatley b. Harry Gene Newton d. Mrs. Jacelyn L. Hall Motion seconded by Councilor Buffum, and carried unanimously. Input from these members for other members to this Commission is requested through Councilor Barenberg. The City Council adjourned at 2:37 P.M. PASSED AND APPROVED this day of 1988. Perry Go sby, Mayor ATTEST: Wi ma J. Tho as,, CM C f A A E City Clerk