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Min 05/05/1998 176 Wichita Falls, Texas Memorial Auditorium Building May 5, 1998 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: Kay Yeager - Mayor Don Johnston - Councilors Dan Shine - Angus Thompson - Bill Daniel - JW Martin - Harold Hawkins - James Berzina - City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk Mayor Yeager called the meeting to order. Invocation was given by Reverend J. Keith Cupples, Trinity United Methodist Church. Item 3 The results of the City election held on May 2, 1998, were canvassed by Mayor Yeager and City Clerk Lydia Torres. After the canvassing of the election returns a resolution was considered. RESOLUTION NO. 62-98 RESOLUTION CANVASSING THE RETURNS OF THE MUNICIPAL GENERAL ELECTION HELD IN THE CITY OF WICHITA FALLS, TEXAS ON MAY 2, 1998, FOR MAYOR, COUNCILOR FOR DISTRICT 3, COUNCILOR FOR DISTRICT 4, AND COUNCILOR FOR DISTRICT 5 Moved by Councilor Johnston that Resolution No. 62-98 be passed. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays: None Re-elected Mayor Kay Yeager and newly elected Councilors Bill Altman, Johnny Burns, and Bud Beaty were sworn in by City Clerk Lydia Torres. Mayor Yeager expressed appreciation to departing Councilors Bill Daniel, JW Martin, and Harold Hawkins. Mayor presented them with a plaque and gifts to their wives, and thanked them for their service on the Council. Mayor Yeager welcomed newly elected Councilors Altman, Burns, and Beaty, and presented them with a City of Wichita Falls pin. 177 Item 4 Council recessed at 9:10 a.m. for a gathering honoring departing and newly elected City Council Members. Council reconvened at 9:45 a.m. Councilor Thompson expressed appreciation to the departing Councilors and welcomed the new Councilors. Mayor Yeager expressed delight with the new Council and looks forward to working with them, the Staff and employees of the City. She charged the Council to build on what has been built the past two years. She challenged herself, the Councilors, City Manager and Staff, to work together to set our heights far beyond what we might think and to accomplish that. Mayor requested that Items 6 and 7 be taken out of sequence. Item 6 Lysa Nguyen was honored as Employee of the Month for the month May. Mayor presented her with a plaque, City pin, transit tickets, theater passes, and dinner for two. Mayor proclaimed May 19, 1998 as "Adolescent Pregnancy Prevention Month" in Wichita Falls. This corresponds with the National Adolescent Pregnancy Prevention. Mayor proclaimed May 9, 1998 as 'National Association of Letter Carriers Branch 1227 Food Drive Day" in Wichita Falls. The National Association of Letter Carriers Branch #1227 is carrying the commitment of caring for people one step further. Saturday May 9 members of this organization will pick up non-perishable food items which will be given to the Food Bank. Mayor proclaimed May 10-16, 1998 as "Police Week "in Wichita Falls. Congress and the President have designated May 15 as National Peace Officers Memorial Day and the week of May 10-16, 1998 as Police Week. Open House will be Saturday May 16, 1998 from 10:00 a.m. to 4:00 p.m. A memorial service will be held Friday at 10:00 a.m. Mayor proclaimed May 11-15, 1998 as "Tri-Transit Week" in Wichita Falls. The City of Wichita Falls Transit System along with Texas Department of Transportation, Nortex Regional Planning Commission, and other governmental organizations call for the promotion of transit benefits, honoring transit employees, and to encourage new riders. Mayor proclaimed May 18, 1998 as "Community Action Corporation Day" in Wichita Falls for their untiring efforts in assisting citizens of our community. Item 7 H. W. "Bill" Nehlson, resident of the newly annexed Kovarik area, lives on Maverick Trail, commended the Mayor for her goals and achievements aspect of attacking the City's problems. He wanted to know if there was a Master Plan and if it could be published in the paper. Also, he referenced the Kell West Hospital which will be located at Barnett Road and Kell West, and stated that if that had been in the Master Plan the Council and public should have known about it. In addition, he said that with the annexation, livestock has doubled and asked if there were any plans to increase the animal control portion. He would like to see animal control enlarged. Lastly, since the previous Council had the sole authority to annex the people in the Kovarik Road area, can the new Council dis-annex the area that was annexed? Mayor replied that the Council goals have been very well publicized and the Master Plan is in the process of being developed and has been on public display in various places within our community. Unfortunately, the Council is not always aware of public development before it begins developing. 178 Item 5 The Minutes were approved as distributed with one correction to Item 10a. The correction was that the firearms license is under the control of the Bureau of Tobacco and Firearms Commission. Mayor requested that these minutes be distributed to the new Council members. Mayor informed that Item 8a is to be withdrawn. Items 8a-9b Moved by Councilor Thompson that the consent agenda be approved with the exception of Item 8a which was withdrawn. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns and Beaty Nays: None Item 8a Withdrawn. Item 8b RESOLUTION NO. 63-98 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED TO HABITAT FOR HUMANITY OF WICHITA FALLS FOR THE PROPERTIES AT 912-918 CHANCE STREET; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Item 9a RESOLUTION NO.64-98 RESOLUTION TO ACCEPT THE GRACE STREET RECONSTRUCTION PROJECT AND AUTHORIZE FINAL PAYMENT TO BARNETT PAVING AND SEALING COMPANY Item 9b RESOLUTION NO. 65-98 RESOLUTION TO ACCEPT THE 1997 ALLEY REHABILITATION PROJECT AND AUTHORIZE FINAL PAYMENT TO MCGRATH BROTHERS CONCRETE Item 10a ORDINANCE NO. 40-98 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS AMENDING CHAPTER 5 ARTICLE III "PERMITS" AND AMENDING AND EXPANDING CHAPTER 5 ARTICLE VI "KEEPING OF ANIMALS, FOWL, LIVESTOCK, WILDLIFE: REGULATIONS AND SANITATION REQUIREMENTS" BY ADDING LANGUAGE TO THE EXISTING ORDINANCE TO EXPAND THE PERMIT PROCESS FOR ANIMALS AND FOWL; BY PROVIDING FOR A CONDITIONAL USE PERMIT FOR PROPERTY OWNERS UNABLE TO MEET CURRENT SETBACK REQUIREMENTS; REPEALING ALL 179 ORDINANCES AND PROVISIONS IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Shine that Ordinance No. 40-98 be passed. Motion seconded by Councilor Johnston. Mayor informed that a six month moratorium was established to allow Council and Staff an opportunity to address individually and collectively the problems in the two areas dealing with the keeping of animals. She mentioned the various public hearings held in regards to this issue. Mrs. Barbara Clements gave a review on the current ordinance, and informed that Mr. Ruben Warren would answer environmental questions and Mr. Roy Ressel questions regarding animals. She stated that Article VI is the one that we are proposing amendments to today, primarily, along with the permitting section. Mr. Warren presented the proposed amendments. Questionnaires mailed out to the citizens of the annexed areas were received and their concerns were catalogued. There were four areas of concern mentioned by the citizens. One of which was the setbacks or distances required to be maintained for their livestock and their fowl from their neighbors, and most of them were unable to meet the requirements. We looked at those issues and present the following as our recommendations to Council. Section 5-52 "Keeping of Project Animals/Livestock/Fowl by School Children": We have allowed an accommodation for children enrolled in FFA and 4H Programs who are required to raise project animals for show or profit purposes. They may apply for a permit even though the property may not be fully in compliance with the setback requirements of Article VI of the Ordinance. He listed the student requirements. Section 5-52 "Non-Conforming Use": We created this section for those citizens who are unable to meet the setback requirements. They may apply for a non-conforming use permit upon payment of required fee • requesting a special designation as a non-conforming property. Permit would be issued and the property so designated provided the City would be allowed to inspect the property to document the nature of non-compliance and that all ordinances are in compliance. He mentioned that there were other requirements and cited those. Councilor Shine asked about the renewal. Mr. Warren stated that there will be an annual $25 fee. Inspection will be required but not written approval from neighbors. Councilor Johnston asked if they had to have 100% approval of the neighbors. Mr. Warren replied that they would. Mayor asked if an adjacent piece of property is sold how does this affect the permit in regards to asking permission of the neighbors. Mr. Warren replied that, in his mind, once the permit is established and surrounding property is sold they should be aware at the time of purchase that this permit exists and they should not have to be approached for permission to continue that permit. Councilor Johnston clarified that they are buying into that condition. Mr. Warren concurred. Mr. Berzina added that the intent of the proposed ordinance is that after they clear the initial certification and they get their non-conforming use and then the adjacent property sells, it would have no affect on them. But if the property that has the non-conforming use permit sells then they would have to start the process over and get the adjoining neighbor's concurrence to the permit being reissued. Mayor stated that the non-conforming use is limited to the current owner, however, the FFA and 4H projects are not limited to the current owner, why? Mr. Warren explained that the requirements are such that a child has to be registered in one of these projects and if that child drops out then the permit is null and void. There is a need for this in those areas for those who cannot meet requirements for the children to keep animals and we do not feel that should be limited simply to the current property owner. He added that these amendments apply to the entire City. Councilor Johnston's concern was that one veto from a neighbor could keep a youth from keeping an animal for an FFA or 4H project. Mr. Warren stated that they had somewhat 180 of a legal opinion from the County Judge that adjacent neighbor is someone who borders your fence line, and we do not anticipate going beyond the 200 feet line. If these neighbors are more than 200 feet away they do not have a right to appeal it. This is an accommodation for those who are unable to meet the current setback requirements. He explained that he was not talking about prohibited animals. The youth would have to obtain a permit simply because they have swine or noisy animals. Councilor Johnston stated that there is not going to be a problem to permit animals as long as they are not within 200 feet from a neighbor's house. Mr. Warren added that unless it was a prohibited or restricted animal, it does not require a neighbor's approval. Councilor Thompson asked what the resident's concerns were about this ordinance. Mr. Warren replied that they felt they should be grandfathered for everything that they are doing now, and that no restrictions should be placed on them other than what they currently have. On the other hand, others felt that we were trying to make some sort of effort to work with them to enable them to keep their animals. We felt like we were approaching the problem in the correct manner and fashion. We felt like we received approval from the majority of the people out there and I believe there is general support for this in that area. The moratorium runs out in a few days, and this would enable them to come into compliance. Councilor Altman asked if the $25 permit fee was a fee per permit and not per animal. Mr. Warren replied that it was per permit. Councilor Johnston asked if that was in addition to the $5 fee for the FFA project. Mr. Warren replied that if they had an FFA or 4H permit they would not have to have the other permit. But if they do not have a non-conforming use and want to continue this activity after the child graduates they would be ineligible. Councilor Johnston asked if they have a $25 permit and the child decides to get into an FFA or 4H project, would they be required to pay for a $5 permit? Mr. Warren said he did not think so, unless they wanted to keep swine and we would have to look at that. Randy Searle, 3459 Arena Road, expressed his concerns that there are things that are very restrictive for those that have animals and livestock, especially the requirements. If a neighbor does not want me to have livestock, I would be restricted. Also, the cleaning up of manure morning and night and putting it in a sealed container and disposing of it. In addition, we can be in violation of these requirements and we do not have a say about it. I do not agree with that. He was concerned about the inability to sell his property because of the restrictions. He mentioned other requirements to which he was opposed. He felt that the City had come in on them and they were already established and he did not think it was fair that some people could be grandfathered and not others. We feel we have rights to continue to do what we have done before. We are entitled to the same rights and privileges as those businesses who have been grandfathered to continue their same use. Also, there is no guarantee that we are going to be able to obtain those permits. He thinks everything is unstable. We should be able to have the privilege of using our properties for the reasons we purchased them. Mr. Searle agrees to a new set of rules for those moving in. We need equal justice for everyone. Mary Elizabeth Pierce, 3549 Parkhill Road, said she owns several horses and owns 10.5 acres with neighbors on both sides. We do not have problems with those requirements, however, none of us are in compliance. We are concerned about that, specifically inspection of property, and asked for details on the inspection process. She added that she would like for their area to be grandfathered. Mrs. Pierce asked that the manure issued be addressed. Mr. Roy Ressel informed that on the sanitation aspect they are looking for an odor free and feces free facility, especially if it is confined. We are looking to eliminate the possibility of nuisance, odors, flies, etc. around these facilities where it infringes upon the rights of the adjoining neighbors. City Manager commented that our inspection is complaint oriented unless it is a licensing issue. Mr. Ressel concurred and added that 99.9% of Animal Control's time is spent on answering complaint calls. We are going to be working on a complaint basis. Mr. Warren informed that nuisance laws are State laws and are not subject to review by local entities. We can be more restrictive but not more lenient, consequently, if there is a nuisance it has to be addressed whether they are grandfathered or not. Mayor stated that the issues being addressed today are public health and safety issues rather than zoning issues. She asked for the background between grandfathering some of the uses in zoning as opposed to grandfathering some of the public health issues. Mr. Clark spoke to the comparison of zoning issues. When people are annexed or zoning is changed, and there is an area within that zone that may be a different use, it is grandfathered as a legal non-conforming use. That means that business or entity is allowed to continue to operate to exist, however, it may not be able to expand. But as long as it exists in its current format, it 181 does not matter if ownership changes, they do not need permission from their neighbors. However, if they discontinue that use for a one year period then that non-conforming use status goes away. The two differences are that you can sell that property and continue the same use, and you do not have to have permission from your neighbors to continue that use. Mayor commented that the verbiage in this proposed ordinance essentially parallels the non-conforming use of the zoning with a few exceptions. Ed Honkomp, 6314 Kovarik Road, said he had five head of cattle during annexation and he is confused as to what he needs to do. He asked for clarification. Mr. Warren suggested that without knowing his circumstances, he is not required to obtain a permit at this time because he is still under the moratorium and because Council has not acted on this proposal. If this passes and if he was in non-conforming use or did not have at least twenty- five acres, he would be required to obtain a permit. Also, he would be required to keep it in a sanitary condition. The intent of this is that we do not want health and public safety issues to become prevalent on the property. Mr. Warren stated that it is complaint driven and explained their procedure on complaints. Councilor Thompson said that he would like for us to work with them as much as possible. Mr. Warren reminded that this was not a new ordinance, that it was passed in 1985. John Ward 5926 N.W. Freeway, suggested that there be a different set of codes for a rural setting. He felt that the purpose for animal control was not present in a rural setting. He suggested Council consider a rural code. Mayor commented that early on in this process it was determined that this was not a zoning issue as much as it was a health and safety issue. We have to come up with an ordinance that applies to the entire City in a fair and equitable manner. We could look at the annexation in Ft. Worth and Denton where they have annexed into much more rural areas than we have and they made no accommodations in their animal control and public health ordinances. We have been involved in the process for six months of trying to the best of the Staff's ability to accommodate specific instances within the Kovarik Road and Kiel Road areas and to make accommodations for the current existing uses and to look towards the benefit and public health and safety of the entire community. City Manager reminded that we have different areas in the City that meet the characteristics of the area that has just been annexed. I think it is how it is enforced. Our Staff is going to have to use their heads in the enforcement, and they are poised to work with the people and they are not unreasonable, but will not sacrifice community health safety for someone's individual need if it comes down to that. They will work with them, but it may not be the assurances everyone is listening for, but at the same time you cannot have an ordinance for each neighborhood. You have to have a commonality ordinance and it has to be enforced in a common way and I think that is what our Staff would bring to the process. I think Staff has demonstrated working well with the annexed area residents to get to this point, which is that we are making exceptions and modifying the Ordinances so that we take into account what the residents were saying during the process and what Council asked to be brought back. Mrs. Pierce expressed concern about obtaining the permit. City Manager explained that if they, meet all the qualifications he cannot see why they would be denied the permit. Mr. Warren stated that if they meet the setback requirements it has no impact on the permit. The initial requirements is to get the concurrence of their neighbors, but if they meet the requirements on their own then the permit will be issued. Mr. Warren clarified, that regarding the non-conforming permit where you have a neighbor and you cannot meet setback requirements, you would have to have that neighbor's permission. However, if his residence was over 200 feet from your fence line, corrals, etc. they would have no say in that. Another option is that you could move your fence line or corral where it would be at the appropriate distance and be in compliance and not need your neighbor's permission. Our staff is good at working with all the citizens. Mayor stated that with regard to the manure issue it is complaint driven. Mr. Searle was concerned that an ordinance was going to be passed that is not going to be enforced. Councilor Johnston stated that we have to look at it from two sides because there are two issues, one is from your side that we are putting a restriction on you and, secondly, that we are now giving the person next to you a recourse to get his complaint resolved. People have not complained in the past because they did not have a recourse. 182 City Manager clarified that we are not passing an ordinance that will not be enforced. I think where Mr. Searle is drawing some confusion is when we talk about the mechanism that triggers the enforcement. We are going to enforce the ordinance if the problem rises to a level where it generates complaints. We feel that this area will grow and these problems will be magnified in that process. Councilor Beaty commented that if we do not have codes now there will be no recourse if someone is in non-compliance in the future. City Attorney suggested the following amendments to the proposed ordinance: Delete Section 2, because that same language is contained in Section 9 and therefore, is unnecessary. Renumber the remaining sections 3-12 as 2-11. Section 9, renumbered Section 8, to include the $25 permit fee with last sentence to read: "These permits must be renewed annually at a permit fee of $25 and re- certification (inspection only) is required at each renewal." Section 9, renumbered Section 8, be amended by adding the following language to the first sentence: "Any property which is in violation of a setback requirement of Article VI City of Wichita Falls Animal Control Ordinance on or before thirty (30) days from the effective date of the Ordinance may apply for a non-conforming use permit'. Mr. Warren suggested that for clarification purposes the last sentence in Section 9, renumbered Section 8, be amended to read: "These permits must be renewed annually and only a re-inspection is required at that time. Permission from adjacent/across the road property owners is not a renewal requirement." Moved by Councilor Johnston that the proposed ordinance be amended as stated by City Attorney and Mr. Warren. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns and Beaty Nays: None Motion on the proposed ordinance as amended carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns and Beaty Nays: None Item 10b ORDINANCE NO. 41-98 AN ORDINANCE REZONING 5.1 ACRES OUT OF BLOCK 8 & 17, DENTON COUNTY SCHOOL LANDS, WICHITA FALLS, TEXAS, FROM SINGLE FAMILY-2 TO MULTIFAMILY RESIDENTIAL ZONING; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Thompson that Ordinance No. 39-98 be passed. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns and Beaty Nays: None 183 Item 10c ORDINANCE NO. 42-98 AN ORDINANCE WAIVING SEC.22-1(A)(9) OF THE CODE OF ORDINANCES TO PERMIT SIGNS DURING AN EVENT BY THE AMERICAN HEART ASSOCIATION SEPTEMBER 19, 1998 IN LUCY PARK. Moved by Councilor Shine that Ordinance No. 40-98 be passed. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns and Beaty Nays: None Item 10d ORDINANCE NO. 43-98 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBER LISTED BELOW, AND DECLARING AN EMERGENCY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Thompson that Ordinance No. 41-98 be passed. Motion seconded by Councilor Johnston. Mayor informed that Councilor Altman would abstain from voting on this item. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Burns and Beaty Nays: None Abstention: Councilor Altman Item 11 a RESOLUTION NO.66-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPOINTING LARRY GILLEN MUNICIPAL JUDGE FOR A TERM OF TWO YEARS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Johnston that Resolution No. 66-98 be passed. Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns and Beaty Nays: None 184 Item 12a RESOLUTION NO. 67-98 RESOLUTION TO AWARD BID AND CONTRACT FOR ROSEMONT AND LAKEVIEW CEMETERIES ROAD RESURFACING PROJECT Moved by Councilor Johnston that Resolution No. 67-98 be passed. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns and Beaty Nays: None Item 12b RESOLUTION NO. 68-98 RESOLUTION TO REJECT BID FOR THE ROTARY PARK TENNIS COURT RECONSTRUCTION PROJECT Moved by Councilor Beaty that Resolution No. 68-98 be passed. Motion seconded by Councilor Johnston. Mr. Bonnett informed that this was a very small project, and they anticipate to fold that into the 1998 mill and overlay project with hopes of getting a more reasonable bid. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns and Beaty Nays: None Item 12c RESOLUTION NO. 69-98 RESOLUTION APPROVING THE PURCHASE OF TWO (2) 35 YARD FRONT LOADING REFUSE PACKER BODIES TO HEIL ENVIRONMENTAL COMPANY IN THE AMOUNT OF $118,106.24. Moved by Councilor Johnston that Resolution No. 69-98 be passed. Motion seconded by Councilor Thompson. City Manager asked that proposed resolution be amended to reflect Houston Galveston Area Council Cooperative Purchasing Program in place of the State of Texas Cooperative Purchasing Program. That is a part of the State of Texas Cooperative Purchasing Program and the best bids we found were under the Houston Galveston Council. Motion carried with the amendment by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns and Beaty Nays: None 185 Item 12d RESOLUTION NO. 70-98 RESOLUTION APPROVING THE PURCHASE OF THREE (3) 29 YARD SIDE LOADING REFUSE PACKER BODIES TO PAK-MOR MANUFACTURING COMPANY IN THE AMOUNT OF $129,027.56. Moved by Councilor Johnston that Resolution No. 70-98 be passed. Motion seconded by Councilor Altman. City Manager asked that the proposed resolution be amended to reflect Houston Galveston Area Council Cooperative Purchasing Program in place of State of Texas Cooperative Purchasing Program. Motion carried with the amendment by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns and Beaty Nays: None Item 12e Moved by Councilor Johnston that bid be awarded to Hi-Tech Signals in the amount of $45,050.00 for the purchase of Solar Power School Flashers. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns and Beaty Nays: None Item 13a Mr. George Bonnett and Mr. David Lehfeldt gave a presentation on the Refuse Collection Study. A survey was performed and the results reflected that the majority of the residents are pleased with the system. Staff is waiting for guidance from the Council on whether to expand the program. Money is available to purchase four new vehicles and Council direction will determine what type of trucks are purchased. Mayor informed that when this automated system was begun it was done on a three month trial basis for Staff to determine the degree of acceptance on this program before moving forward to expand. The acceptance level is extremely high in the areas where this is being used. Mr. Berzina added that there will still be existing curb side capacity, Mr. Lehfeldt statedI that they could automate for another three years and not even consider the alleys. We have two thirds of the town curb side and have barely touched it with this pilot program. Mr. Bonnett asked for Council concurrence to proceed with the bidding process. Mayor will meet with City Manager and Mr. Bonnett to schedule how this can be brought to the Council. 186 Item 13b Councilor Shine welcomed the new councilors and offered his assistance. Councilor Thompson mentioned a call he received regarding flooding in Sunnyside, and he asked that citizens of the community be invited to send in their comments to the City Manager on issues which they want Council to address at their retreat. Councilor Johnston asked for an update on the sirens. City Manager informed that they had a representative from the manufacturer come in and review the sirens. We are looking at changing the tone which would be more reflective of the old tone. He added that he has had several calls noting improvements. Mr. Parker provided technical information on the sirens. Councilor Johnston asked that the City Clerk continue to work on consolidating voting locations. City Clerk informed that she plans to meet with W.F.I.S.D. and Wichita County representatives to discuss this. Councilor Burns expressed his enthusiasm on working with the Staff and the citizens, and looks forward to doing a good job. Councilor Beaty expressed appreciation for the warm reception and for the Staff's professional orientation and he looks forward to working with everyone. Councilor Altman expressed gratitude to those who supported him in the election. Mayor welcomed the new councilors and stated that she looks forward to developing a cohesive unified team along with the Staff to move the community forward. Mayor appointed a Council Committee comprised of Councilors Beaty, Shine and herself to review, along with Staff, proposals for a new auditor for the City. Mayor informed that she will be circulating a list of all City boards and commissions with current Council liaisons. She would like input as to whether they would like to continue as liaisons to those boards and commissions, and also for the new Councilors to get their preference on which boards and commissions they wish to serve. Mayor updated that there is an expansion of the core group that put the proposal together on the re-use of the Kemp Library Building and they are seeking input from other areas of interest in our community to finalize their proposal to the City . I will be asking some of the members of this Council to serve on a committee that will receive that proposal. Councilor Shine mentioned that the Library Council Committee has a vacancy and asked that the Mayor consider appointing someone to fill that vacancy. Item 13c City Manager welcomed the new Councilors and informed that Staff has prepared an orientation for them. Mr. David Clark reported on the status of the Jerusalem Development Corporation and its relationship to the City of Wichita Falls. He gave background on the six properties which had been purchased and the agreement. He reported that the sale of those properties have been completed and one of the purchasers was an occupant. The General Fund has been reimbursed and even increased by $7,218.00. All the closing costs were covered and the sale price was $130,250.00. He expressed appreciation to the Jerusalem Development Corporation for their cooperation. Mr. Clark introduced the new Building and Code Administrator, Mr. Dean Runnels. Mayor brought up old business from the April 21, 1998 Council Meeting. Appointments to the Commission on Human Needs were not given term expirations and Mayor asked that terms be approved by a motion. Councilor Johnston called a point of order and asked if that could be done. City Attorney advised that it was in order. 187 Moved by Councilor Thompson that the terms of the Commission on Human Needs be approved as follows. New Appointments: Term Expires Mr. Harley Brackelsburg December 31, 1999 Ms. Penny Miller December 31, 1998 Ms. Lynda Myracle December 31, 1998 Mr. D. Michael Norrie December 31, 1998 Mr. Ben Valadez December 31, 1999 Mrs. Rita Vokes December 31, 1998 Mr. Brent Walker December 31, 1999 Rev. Bill Winaski December 31, 1998 Reappointments: Mr. Don Carter December 31, 1999 Mr. Bobby P. Hall December 31, 1999 Mr. Jerry Hampton December 31, 1998 Mr. Bob McBee December 31, 1999 Mr. Robert L. Randolph December 31, 1999 Dr. Eugenia Tickle December 31, 1998 Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 13d The City Council went into Executive Session at 12:40 p.m. as authorized by Section 551.071 of the Texas Government Code, and reconvened at 1:31 p.m. No action was taken. The City Council adjourned at 1:32 p.m. PASSED AND APPROVED this day of 1998. r. KAT RYN A. YE GER MAYOR ATTEST: Lydia torres City Clerk