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Min 01/18/1994 466 Wichita Falls, Texas Memorial Auditorium Building January 18 , 1994 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. Paul Hughes - Mayor Pro Tem Leon Mallonee - Terrance E. Loughry - Councilors Angus Thompson - Harold Hawkins - James Berzina - City Manager Gregory Humbach - City Attorney Lydia Torres - City Clerk Mayor Michael Lam - Absent Mayor Pro Tem Paul Hughes called the meeting to order. The invocation was given by Rev. Angus Thompson, New Jerusalem Baptist Church. Item 3 Moved by Councilor Martin that minutes of the meeting held January 4 , 1993 , be approved. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Pro Tem Hughes, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Items 4a-6d Items 4a and 5a were moved to the regular agenda. Moved by Councilor Martin that the consent agenda be approved with exceptions of Items 4a and 5a, which were requested to be moved to the regular agenda by Councilor Hawkins. Motion seconded by Councilor Hawkins, and carried by the following vote. Ayes: Mayor Pro Tem Hughes, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 6 Minutes of the meetings of the following boards and commissions were received. a. Commission On Human Needs - January 10, 1994 b. Commission On Human Needs - January 3 , 1994 c. Traffic Safety Commission - November 3 , 1993 d. Planning and Zoning Commission - December 8, 1993 467 Item 4a RESOLUTION NO. 3-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBGRANTEE AGREEMENT WITH THE WICHITA FALLS DEVELOPMENT CORPORATION TO OPERATE THE SMALL BUSINESS DEVELOPMENT LOAN PROGRAM; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Martin that Resolution No. 3-94 be passed. Motion seconded by Councilor Mallonee. Mr. Dave Clark answered Councilor Hawkins ' question regarding membership of the Development Corporation. Motion carried by the following vote. Ayes: Mayor Pro Tem Hughes, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 5a RESOLUTION NO. 4-94 RESOLUTION TO ACCEPT THE MEMORIAL AUDITORIUM REROOFING PROJECT AND AUTHORIZE FINAL PAYMENT TO J. MENASCO ROOFING COMPANY Moved by Councilor Martin that Resolution No. 4-94 be passed. Motion seconded by Councilor Thompson. Mr. Berzina and Mr. Bonnett answered questions regarding previous work on the roof. Mr. Bonnett stated he thought the warranty on the roof was ten years, and estimated life on the roof was thirty years. He also said that it was muleskin roofing not rubber. Motion carried by the following vote. Ayes: Mayor Pro Tem Hughes, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 7a Public Hearing on the Texas Parks and Wildlife Grant Application The City Manager highlighted the background of this hearing and the application. The grant application consists of three projects. One project being the Nature Center at the entrance to Lucy Park which appears will be attempted to be done in two different stages for a couple of reasons. Primary reason is funding and secondly we want the State to have every opportunity to change the rules and regulations to allow them to do closed- in buildings instead of just shelters in some of the buildings restriction they had. We have talked before their board this current year which would be a significant part of the overall development of that project. What we are asking for in this application is $366,000, the amount of money needed to do the shelter. There are two parts to this, one is the closed-in classroom part, being the actual building with the kitchen area, the classroom and display area. Then there is a part that is going to initially start as a shelter that will be open and will 468 Item 7a, cont'd. be roofed. It will be built in such a way that if and when the State changes what it allows in an application, we can in Phase II wall it in. If that does not change, the Junior League is raising funds to build the first phase on their own and we would not wall in the second phase. We would have a building as we anticipate, walled in with a kitchen with all the departments mentioned earlier including classroom and display area; but it would be built locally with what they raised. What would be used as the shelter would be what the State would build with this. This is with the State ' s direction on what guidelines they would allow. Another portion of this project that we would do in Phase I would be a trail which would be leading from the above portion where the buildings would be done through the area immediately below. We would also in that area, construct ten different display areas where they would have different nature center type displays along with ten educational signs. These would be signs that fully explain the displays and the different areas that you would experience while actually walking the trail. We are also asking for a Nature Center parking lot with forty spaces that we know we can build at this time. Another project is building a multi-purpose shelter at Spudder Park, with dimensions of essentially 60 feet wide and 120 feet, open sided. The columns would run up on the sides to a certain height where a roof would start, which would roof and light this facility. It can be a large open shelter but could also be used for basketball courts. It can run length-ways or can have side courts. We could have a well-sponsored and well- run basketball league at that particular location. We would propose to pay for this from CDBG funds since it is allowed in that area and it is an acceptable project for those funds. The last project is the Jaycee Park Trail and Pier Project. $324,000 to build roughly 5800 feet of walkway similar to the one along the Falls and Lucy Park. Only difference is that we would propose a ten foot wide trail instead of an eight foot trail. A ten foot trail lends itself more to bike riding and multiple use of the trail. The trail would go from the launch area in Jaycee Park to the new dam of the new area once completed at the Lake Wichita location. Then there would be the area on top of the dam and ultimately to tie into any trail that we may be able to construct with ISTEA money that would go by Weeks and Southwest Parkway up to the dam. It is important to look at the funding sources. $141, 000 remains of the $200,000 that you put in different funds for the Nature Center Project. Some of those funds have been spent for property, architect work or other costs that have gotten us to this point in the actual project. We can' t go back and recoup those funds by matching them with State funds; but, the funds that are yet remaining to be spent could be used for an inkind match for the State grant. The Junior League at this time has $130,000, which can be used to match State grants. The $150,000 CDBG funds for the Spudder Park Project can be put in the same formula, so to speak, and be used to match to get State funds. The Running Club has $2500 they want to donate to this project. In our Fund 70 for Recreation Classes there is a balance of the $8 , 000 that would be put in this project as we fully anticipate some of these classes would be taught at the Nature Center. There are two amounts I will be asking Council to take action on at a later date; I am just bringing it to your attention at this point. $30 , 500 is the balance in the R.V. Park Fund which you in a sense zeroed down for the Nature Center about a year and a half ago and it has grown back up to this amount. We would like to officially, at a subsequent meeting, ask you to earmark that money for this combination of projects. There is $8,000 in the Amateur Athletics Fund 70. They would help pay for this because they fully expect to use the Fund 70 Spudder Park facility if constructed. The $15,000 is a minimum of what we anticipate coming out of Falls Fest this year, and is in the same category as the R.V. Park. I would 469 Item 7a, cont 'd. later ask you to pledge these funds towards these projects. Finally, if we build the Jaycee Park Trail and Pier, we would propose taking out an equivalent value of $15,000 of trees from our nursery and putting them along the trail. We can get a match from the State for that. What this leads to is there is $500, 000 worth of project money that you are already going to spend with two exceptions which I will later ask you to earmark. Those funds appear to be available and eligible for these projects and by taking that money and applying it to several projects we can in turn ask the State for half a million dollars by calling this whole series of projects a proposal. If we were successful we would expect to receive $500,000 from the State and essentially that would go to the Nature Center and on the Trail Project. The other projects have their own funding at this point. We have to submit an application to Austin and take our chances but we think it is a series of projects worth going for. Mayor Pro Tem Hughes officially opened the public hearing on the Texas Parks and Wildlife Grant application. Councilor Hawkins asked what would be the height of the Spudder Park shelter. Mr. Murphy replied the height of a gymnasium, suitable for all activities, in the order of 20-25 feet high. Councilor Hawkins asked if it would be suitably grounded; his concern being that it could possibly be a lightning rod. Mr. Murphy said he would bring those concerns to the architect. Councilor Loughry asked, regarding the Jaycee Park Trail and Pier, how far out on the water was the pier going to run. Mr. Murphy replied that they had measured it and he thought about 200 feet. Councilor Loughry questioned if a sidewalk was going to be built closer to the new water level when the water level goes down. He also mentioned that during a flood it would be under water. Mr. Murphy replied that they would be working with Public Works on those perimeters, highest and lowest. The Lake is now at the new spillway elevation - 976. Councilor Hawkins commented that the citizens could go out there now and get a pretty good idea of what the size of lake will be. The City Manager commented that one of the reasons this project was being recommended at this point is that by having the new dam and spillway arrangement that we have out there the water level is going to be a lot more consistent at least in terms of not going higher very easy. It runs a greater risk of running the other way if we had a long evaporation period. Councilor Martin thought it would be a wonderful thing for our city and we should go forth with it. No one else wished to be heard, and the public hearing on the Texas Parks and Wild Life Grant application was closed. Item 7b City Attorney Humbach gave a brief history on the basic cable and service rates. In the 1992 Cable Act municipalities were able to assume local jurisdiction of the basic service tier and associated equipment rates charged by their local cable companies if they filed with the F.C.C. for certification to do SO. We chose to do so and became certified towards the end of October. We requested that the companies file with us what is known as Form 393 , which is a form that contains a formula for justifying the rates they charge for their basic service tier and associated equipment cost they charge their customers. They filed that form with us in November. Contemporaneously, with that filing you also did an Ordinance in accordance with F.C.C. regulations which govern the rate review process and procedures. Under that Ordinance a public hearing is required before any final action is taken by this body. The public hearing is to 470 Item 7b, cont'd. give the citizens an opportunity to comment upon the basic service tier rates and associated equipment costs. We have had the documents filed by the cable company since mid November. Staff has reviewed those documents and will be making a final recommendation to you at the next council meeting. This morning is the public' s opportunity to comment and express their opinion for or against the rates and reasons why. If they have objections to the package that has been filed they need to give their name and address to the City Clerk to be reported in the official record. The public hearing on basic cable and service rates was opened. Councilor Hawkins asked if this was the only public hearing the citizens would have to express their concerns. The City Attorney replied that this is the only official public hearing, but when he brings this back at the next meeting the public will have another opportunity to comment. Councilor Thompson requested that Mr. Humbach go over the proposed rate increase for those who are watching on television. Mr. Humbach replied that there was no proposed rate increase. Councilor Thompson clarified that he meant the last rate increase versus what they had been charging. He wanted the citizens to have something on which to have in-put. Mr. Humbach stated that Vista Cable Vision, Wichita Falls, Texas, had sent out to their customers information on monthly prices effective September 1, 1993 . Outlined was basic service charge at $10 . 10, preferred tier, which is a 16 channel at $10.77, a customer choice selection which includes TBS and WGN at $1. 05 a piece or $1 .46 for both channels. Then it goes on to indicate what the premium service charges are as well as the equipment charges for an AB switch converter, a remote control, and it outlines their installation and maintenance. These are things you will be considering with exception of premium services and other premium offering the company provides. Mayor Pro Tem Hughes clarified that we were only involved in the basic service rates and not the premiums. Mr. Humbach agreed. Councilor Thompson stated that he was concerned with the public not knowing what kind of input they were to provide until they were told what was proposed. Councilor Hawkins agreed with Councilor Thompson that citizens who received the information in the mail thought they had no input in what they would be charged. He said this is a forum where citizens could have input on the last increase which is going to have an affect if they come back to us later on. He thought we should have something published with the newspaper ' s help, to show what the rate was before and for what service, and on what they are getting now. This way the citizens can determine if they are being treated fairly. They have two weeks to determine this before they come to the next council meeting. No one else wished to be heard and the public hearing on basic cable and service rate was closed. Item 8a ORDINANCE NO. 5-94 ORDINANCE MAKING AN APPROPRIATION FROM EQUITY ASSETS OF THE WATER AND SEWER FUND TO AN APPROPRIATE OPERATING ACCOUNT FOR PURPOSES OF CONDUCTING A SANITARY SEWER EVALUATION STUDY IN RESPONSE TO EPA ADMINISTRATIVE ORDER Under protest Councilor Martin moved that Ordinance No. 5- 94 be passed. 471 Item 8a, cont'd. Under protest Councilor Mallonee seconded the motion which carried by the following vote. Ayes: Mayor Pro Tem Hughes, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 8b ORDINANCE NO. 6-94 ORDINANCE WAIVING SECTION 32-139 OF THE CODE OF ORDINANCES WITH RESPECT TO DETENTION REQUIREMENTS FOR •t ., SECTION 1, LOTS 51-68, LANDRUM & HENDERSON SUBDIVISION Moved by Councilor Martin that Ordinance No. 6-94 be passed. Motion seconded by Councilor Mallonee and carried by the following vote. Ayes: Mayor Pro Tem Hughes, Councilors Mallonee, Loughry, Thompson, and Martin Nays: Councilor Hawkins Item 8c ORDINANCE NO. 7-94 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE SOUTH AND WEST SIDES OF WRANGLERS RETREAT ROAD ADJACENT TO THE NORTH AND EAST SIDES OF LANDRUM & HENDERSONS SUBDIVISION, SECTION 1, LOTS 51-68 AND THE WEST SIDE OF ARENA ROAD (FM 369) ADJACENT TO THE EAST SIDE OF LANDRUM & HENDERSONS SUBDIVISION, SECTION 1, LOTS 51-68 Moved by Councilor Martin that Ordinance No. 7-94 be passed. Motion seconded by Mayor Pro Tem Hughes and carried by the following vote. Ayes: Mayor Pro Tem Hughes, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 8d ORDINANCE NO. 8-94 ORDINANCE WAIVING SECTION 32-139 OF THE CODE OF ♦ ORDINANCES WITH RESPECT TO DETENTION REQUIREMENTS FOR LOT 1 , UNIT 64, WICHITA VALLEY FARMS Moved by Councilor Thompson that Ordinance No. 8-94 be passed. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Mayor Pro Tem Hughes, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None 472 Item 8e ORDINANCE NO. 9-94 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE NORTH SIDE OF WILLOW ROAD, ADJACENT TO THE SOUTH LINE OF LOT 1 , UNIT 64, WICHITA VALLEY FARMS Moved by Councilor Martin that Ordinance No. 9-94 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Pro Tem Hughes, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 8f ORDINANCE NO. 10-94 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) ( 2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE NORTH SIDE OF REILLY ROAD, ADJACENT TO THE SOUTH LINE OF LOTS 21-23 , BLOCK 1, NOB HILL Moved by Councilor Hawkins that Ordinance No. 10-94 be passed. Motion seconded by Councilor Mallonee, and carried by the following vote. Ayes: Mayor Pro Tem Hughes, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Mr. Ed Babczak, 2423 Reilly Road, stated that he felt it would be a mistake to pass this waiver. He said the street was very narrow and this waiver would worsen the situation. Also, he stated that there was already existing curb and gutter by John Tower Elementary School, which is down the road from his house. With the increasing development in that area he thought it would be a mistake to pass this waiver; and he said for security reasons the street should be widened. He suggested that if funding was a concern, it should be passed on to the developers. Traffic is going to increase with development; therefore, road should be widened and resurfaced. Mr. Bonnett agreed with Mr. Babczak' s observation, but the problem is that they do not have the tools in the existing Subdivision Ordinance to improve roadway. Only curb and gutter can be required and if it is required we would have to have the dollars immediately to put in the street. Funding is the problem. Robert Seabury, Developer of Knob Hill, stated there is no curb and gutter in that particular area. He is in favor of improving Reilly Road, but it has to be done in some manner where adjacent property owners participate along with the City. He is ready to go if everyone else is. Councilor Thompson said he is in favor of doing something, widening and paving Reilly Road. Mr. Bonnett suggested setting up a funding vehicle to address problems such as this. 473 Item 9a RESOLUTION NO. 5-94 RESOLUTION CERTIFYING THE CITY HAS ITS SHARE OF FUNDS FOR A MATCHING GRANT APPLICATION TO TEXAS PARKS AND WILDLIFE. Moved by Councilor Thompson that Resolution No. 5-94 be passed. Motion seconded by Councilor Mallonee, and carried by the following vote. Ayes: Mayor Pro Tem Hughes, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 9b RESOLUTION NO. 6-94 A RESOLUTION OF THE CITY OF WICHITA FALLS, TEXAS HEREINAFTER REFERRED TO AS "APPLICANT" , DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE "APPLICANT" IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT, HEREINAFTER REFERRED TO AS "DEPARTMENT" , FOR THE PURPOSE OF PARTICIPATING IN THE GRANT PROGRAMS; CERTIFYING THAT THE "APPLICANT" IS ELIGIBLE TO RECEIVE ASSISTANCE UNDER SUCH PROGRAMS; AND DEDICATING THE PROPOSED SITE FOR OUTDOOR RECREATION USES. Moved by Councilor Hawkins that Resolution No. 6-94 be passed. Motion seconded by Councilor Mallonee, and carried by the following vote. Ayes: Mayor Pro Tem Hughes, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 9c RESOLUTION NO. 7-94 RESOLUTION APPROVING FOURTH AMENDMENT TO CONTRACT FOR AMBULANCE SERVICE TO WICHITA COUNTY AND THE CITIES OF WICHITA FALLS, BURKBURNETT AND IOWA PARK, TEXAS Moved by Councilor Mallonee that Resolution No. 7-94 be passed. Motion seconded by Mayor Pro Tem Hughes, and carried by the following vote. Ayes: Mayor Pro Tem Hughes, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 9d RESOLUTION NO. 8-94 RESOLUTION APPROVING AMENDMENT NUMBER ONE WITH SIMMONS AIRLINES, INC. , FOR LEASE OF PREMISES AT THE WICHITA FALLS MUNICIPAL AIRPORT Moved by Councilor Martin that Resolution No. 8-94 be passed. 474 Item 9d, cont'd. i Motion seconded by Councilor Mallonee, and carried by the following vote. Ayes: Mayor Pro Tem Hughes, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 9e RESOLUTION NO. 9-94 RESOLUTION APPROVING AMENDMENT NUMBER SEVEN WITH ATLANTIC SOUTHEAST AIRLINES, FOR LEASE OF PREMISES AT THE WICHITA FALLS MUNICIPAL AIRPORT Moved by Councilor Martin that Resolution No. 9-94 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Pro Tem Hughes, Councilors Mallonee, Loughry, Thompson, and Martin Nays: None Abstention: Councilor Hawkins Councilor Hawkins abstained due to personal conflict of interest. Item 9f RESOLUTION NO. 10-94 RESOLUTION TO APPROVE CONTRACT WITH BIGGS AND MATHEWS, INC. FOR ENGINEERING CONSULTING SERVICES TO PERFORM A SANITARY SEWER EVALUATION STUDY Moved by Councilor Martin that Resolution No. 10-94 be passed. Motion seconded by Councilor Mallonee, and carried by the following vote. Ayes: Mayor Pro Tem Hughes, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item 9g RESOLUTION NO. 11-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS APPROVING AND ADOPTING THE REVISED SECTION 8 RENTAL ASSISTANCE PROGRAM ADMINISTRATIVE PLAN AND EQUAL HOUSING OPPORTUNITY PLAN; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Martin that Resolution No. 11-94 be passed. Motion seconded by Councilor Mallonee, and carried by the following vote. Ayes: Mayor Pro Tem Hughes, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None 475 Item 10a Moved by Councilor Thompson that bid for a portable tandem still wheel roller be awarded to Conley, Lott, Nichols Machinery Company of Dallas, Texas, in the amount of $25,468. 00. Motion seconded by Councilor Mallonee, and carried by the following vote. Ayes: Mayor Pro Tem Hughes, Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None Item lla Mr. James Williams, 1828 Elmwood, expressed his appreciation to Mr. Bonnett for the good job he performs for the City and its citizens. Mr. Williams had concerns about Williams Park and the duck pond. He wanted to know what if anything was going to be done especially in time for the June loth celebration. Mr. Murphy informed that the pond had a permeable base and are constantly having to put chlorinated City water in it because of leaks. The pond was drained to obtain an analysis to prepare a report on what needed to be done. The price tag for repairing and restocking went up from an original estimate of $3 ,000 to $19,000 because of the extensive amount of work needed. This was put in CDBG request and will come before you at the next council meeting. If it is approved we will begin work immediately. Item llb Councilor Thompson had safety concerns about the lights taken out in the downtown area. He feels we should reconsider this. It appears like we are going in two different directions. We should all try to work in the same direction. Councilor Thompson asked Chief Harrelson about "crack houses" and his concern is that we need to continue the effort of eliminating those facilities. Councilor Hawkins was concerned about the cost of the Downtown Park Project. It started at $156, 000 and is now up to $289,810 and wanted to know how much more was going to be put into it and is it too late to back out. The City Manager explained that the $289 , 000 figure was high, but did not want to have to come back later. Reasons for increase is the property cost was higher, and the removal and the elimination of the asbestos which required a study, and also had demolition and landfill disposal costs. We wanted to use CDBG funds to build the park. We have not been turned down, but un- officially HUD is leaning toward the idea that this is not a neighborhood park and do not want funds spent creating a park. Funds can be used for demolition and bringing land up to acceptable. It is a walk away from it and leave it situation type thing. The Feds can pay disposal charges because that is part of project. All this contributes to raising the cost. We are not using tax dollars. As far as going back on this now and reverse the flow, we can leave it as it is but that is not acceptable. The only thing left to do is build the park and I think we should proceed. Councilor Hawkins requested that realistic figures be brought when projects are presented to the Council. Councilor Thompson commented that old buildings had to be saved. City Manager replied that you may have a situation where you will end up with more empty buildings not used. The cost of having to refit buildings may be almost prohibitive. Councilor Hawkins had calls on showing of council meetings, and asked that they be shown a couple of times the second week. He also asked about getting some updated equipment. Mr. Jensen replied that we were negotiating with Vista Cable, refranchising and hoping something will come our way. Mr. Hawkins asked about televising county commissioners ' meetings. 476 Item llb, cont'd. Mr. Jensen said that we had responded to them and the ball is in their court now. Councilor Hawkins informed that he had not decided whether he is going to run for another term but that he was enjoying his time here. Councilor Mallonee commented that the down ramp on 14th and Indiana needs to be looked at on a daily basis; it is a very dangerous area. Mr. Parker informed count was done in December and is being monitored and will continue to be monitored. Councilor Mallonee announced the annual Kiwanis Pancake Festival this Saturday and invited everyone to attend. Councilor Hawkins asked when the flashing lights will begin on 5th Street. Mr. Parker replied they would do a count on 5th Street. Councilor Martin stated he had received nothing but good compliments on light changes downtown. He brought up the California earthquake disaster, and asked if maybe Wichita Falls could assist them in their time of need, of the use of loaned executives, engineers, and police department. Look into that to see if feasible. Councilor Loughry said the removal of the lights was one of the best things that had happened to downtown, but he said once lights go out they may not meet a warrant to keep. Mr. Parker commented that none of the intersections met warrants. Councilor Loughry had calls about over-sized trucks parking and driving through Bonny Homes. He also mentioned Lake Arrowhead lake lot leases and the amount of money put into road maintenance. He suggested the possibility of setting up a separate fund for these fees paid in. The City Manager said that a clear picture was needed of what is covered with this. When you earmark money, you make things more difficult on yourself. May look into an enterprise fund. Councilor Loughry, out of curiosity, asked why older police officers appear to drive the older police cars and younger officers drive the newer cars. Chief Harrelson replied that vehicles are replaced by Mr. Parker. The shift commander makes car assignments at each shift. Item 11c Mr. Dockery gave an update report on the catering and concession contract for the Activity Center. RFPs are being sent out to vendors today. We are in a temporary arrangement with a particular company. The contract period we are asking the vendors to respond to is March 21-December 31 , 1995. The terms they will serve at the Activity Center have been placed in the RFPs. We needed to make the RFPs appealing to the vendors and hope to receive some responses. Councilor Hawkins asked if the caterer would have the coke concession and Mr. Dockery responded in the negative. The City Council recessed at 11 : 05 a.m. for ten minutes, followed by an executive session in accordance with Section 551. 071 of the Texas Government Code. The meeting reconvened at 11: 37 a.m. Mayor Pro Tem Hughes had to leave, therefore, Councilor Mallonee presided. Moved by Councilor Hawkins to appoint Mr. Arnold Oliver to serve on the Wichita Falls Clean Community Commission. 477 Item 11c, cont'd. Motion seconded by Councilor Martin, and carried by the following vote. Ayes: Councilors Mallonee, Loughry, Thompson, Martin, and Hawkins Nays: None The City Council adjourned at 11 : 38 a.m. PASSED AND APPROVED this day of , 1994. Michael Lam, Mayor ATTEST: tycl Torres City Clerk