Loading...
Min 01/17/1989 i 123 Wichita Falls, Texas Memorial Auditorium Building January 17 , 1989 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 Robert Barenberg Ron Buffum Don Kirkham James Berzina City Manager Jeanie Thompson Assistant City Attorney Wilma J. Thomas City Clerk Fred L. Werner Finance Director The invocation was given by Ivor Kock, Sacred Heart Catholic Church. Item 3 Moved by Councilor Thomas that minutes of the meetings held January 3 and January 9, 1989 , be approved. Motion seconded by Councilor Barenberg and carried unanimously. Item 4 Mayor Goolsby presented a proclamation to Bob Schwartz and Charles Bentley for the University Kiwanis pancake festival., Tickets to the festival were presented to the Mayor and Council members by Mr. Bentley, Chairman of the event. Mayor Goolsby also presented a proclamation to Dr. Dorie for National Children' s Dental Health month. Dr. Dorie presented a dental health care package to the Mayor. Items 5a-6j Moved by Councilor Buffum that the consent agenda be approved. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Buffum, and Kirkham Nays: None (Councilor Barenberg was absent from the Council table. ) 124 Item 5a RESOLUTION NO. 4-89 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 WITH ATLANTIC SOUTH EAST AND AMENDMENT NO. 3 WITH AMERICAN EAGLE AIRLINES FOR LEASE OF PREMISES AT WICHITA FALLS MUNICIPAL AIRPORT Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Buffum, and Kirkham Nays: None (Councilor Barenberg was absent from the Council table. ) Item 5b RESOLUTION NO. 5-89 RESOLUTION APPROVING REFUND OF OVER-PAYMENT OF PROPERTY TAXES ON ACCOUNT #3182-036-0000 Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Buffum, and Kirkham Nays: None (Councilor Barenberg was absent from the Council table. ) Items 6a-j Minutes of the meetings of the following boards and commissions were received. a. Commission on Aging - December 7, 1988 b. Traffic Safety Commission - December 7 , 1988 C. City/County Health Board - December 16 , 1988 d. Planning and Zoning Commission - December 14 , 1988 e. Zoning Board of Adjustment - December 21, 1988 f. Commission for Disabled - January 2 , 1989 g. Commission on Aging - January 4, 1989 h. Board of Electrical Examiners - January 4, 1989 i. Kemp Public Library Board - December 7 , 1988 j . Board of Directors, Reinvestment Zone No. 1 (TIF) - January 6 , 1989 Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Buffum, and Kirkham Nays : None (Councilor Barenberg was absent from the Council table. ) Item 7a ORDINANCE NO. 4-89 ORDINANCE APPROPRIATING $54 ,623 FROM GENERAL FUNDS EQUITY TO ACCOUNT 11-531-4387 FOR THE PURPOSE OF PURCHASING 143 PARK LIGHTING POLES AND 152 PARK LIGHTS Moved by Councilor Kirkham that Ordinance No. 4-89 be passed. Motion seconded by Councilor Thompson. Councilor Hirschi requested that we move into a general energy program. i 125 Item 7a Cont'd Councilor Thomas pointed out that not everything requested by Bob Parker goes into his budget. He is in charge of purchasing vehicles and equipment for all departments. He believes the purchase of these lights is the right step to take. Councilor Barenberg commented on the savings. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 7b ORDINANCE NO. 5-89 ORDINANCE PERMITTING AND REGULATING THE CONSTRUCTION, MAINTENANCE AND USE OF A PIPELINE OWNED BY THE TRUST PIPE LINE COMPANY AND OPERATED BY THE AMERICAN PETROFINA PIPE LINE COMPANY - ACROSS, OVER AND UNDER CERTAIN STREETS AND PUBLIC RIGHTS-OF- WAY OF THE CITY OF WICHITA FALLS; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY Moved by Councilor Kirkham that Ordinance No. 5-89 be passed. Motion seconded by Councilor Barenberg. Mr. Bonnett explained that he had told the company representatives to be here at 9 : 15 . Moved by Councilor Thomas that this item be tabled until the end of the meeting to enable the representatives to be present. Motion seconded by Councilor Barenberg, and carried unanimously. This item was continued when the company representatives arrived. Mr. Bonnett stated that this is a replacement of an existing six-inch pipe line currently under contract. It runs from the Southwest corner of the community Northeast to Tank Farm. About ninety-five percent of the route lies within existing easements which they already have. We do have concerns where they cross municipal easements or right-of-way. This would take the form of a mini franchise, which would allow them to make these replacements. The contract has already been let, but the City is requiring that we show the location on their plans of certain key facilities. They have submitted their plans showing that all streets will be augered and drilled. He noted that representatives of American Petrofina are here now. David Lee, project manager for American Petrofina Pipe Line Company, with Gibbs Ellison Engineering Company in Houston, stated that they have no difficulty with the terms of the agreement. Councilor Thomas asked questions about certain areas of the pipeline. Mr. Lee explained that in some areas the new pipeline will not be in the existing location. Some have to be rerouted because of subdivisions built over it. He stated that refined petroleum products will be transported in the pipeline. 126 Item 7b Cont'd Councilor Buffum asked for justification for the emergency. Mr. Bonnett explained that the contract has already been let, and Mr. Lee noted that it was an emergency. It is an emergency to the company, and not the City. Councilor Buffum asked about the price of $15. 00 per rod to property owners. He also asked Mr. Bonnett how he would make sure that our interests are being met. Mr. Bonnett stated that he and Bill Parker would be monitoring these operations. Mr. Lee explained that the total revenue generated would be around $4 , 000. Councilor Buffum wants to make sure that our citizens are not unnecessarily disturbed too long. Mr. Lee explained to Councilor Barenberg the route which the pipeline will take through the city from the South to the Northeast. Councilor Barenberg asked about charges made to other industries when we give right-of-ways, stating that he does not want to see preferential treatment given to anyone. Mr. Berzina explained that we have a franchise situation, and also they have allowed companies to use city right-of-way such as this without any fees. Councilor Barenberg asked who is Trust Pipe Line? Mr. Lee explained that it is a company formed six years ago when this line was initially constructed. It was a trust fund of Cosden oil Company employees. They signed a lease to operate, and pay a lease fee to the trust fund for the pipeline. American Petrofina now holds this lease, and pays a lease fee to the Cosden employees trust fund. American Petrofina is maintaining this line since they hold the lease. Mr. Lee explained that all private property owners have been notified and are in agreement. Mayor Goolsby confirmed that any problem they may have with the property owner is no responsibility of the city. Councilor Hirschi feels we should have some financial information on Trust Pipe Line Company, since it will be carrying hazardous materials through the City. Mr. Lee stated that the Department of Transportation has the purview over all pipeline operations. He introduced his boss, Ralph Hughes, with Gibbs Ellison in Houston. Mr. Hughes stated that they have been authorized to refer anyone who wants references to American Petrofina and Chemical Company in Dallas. Trust Pipe Line is merely a holding company for some funds of the old Cosden employees. The financial and fiscal responsibility would rest with American Petrofina Company. Councilor Hirschi appreciated his statement; however, they do not have this financial information in front of them. He also addressed his concern for the assignment paragraph in the contract, stating that it can be assigned without permission of the City. After it is assigned they would have no liability. Mr. Hughes stated that this is a paper transfer. All of the initial rights-of-way were taken in the name of Cosden, and transferred to Trust Pipe Line immediately. He sees no reason to assign. Councilor Hirschi felt that the only way they would assign them would be if they had any liability problems. Jeanie Thompson stated that the contract covers the situation addressed, but if they want more in it they can require it. It does not say anything about the financial condition of any of the entities addressed. 127 Item 7b Cont'd Councilor Hirschi again expressed that he would like to see some financial information on Trust Pipe Line Company. Mr. Hughes noted that they are dealing with American Petrofina Company. Councilor Hirschi noted this is on the easements, but not the financial status of Trust Pipe Line. Discussion centered around assignment to a company with no assets, and what could happen. Councilor Kirkham explained that this pipe line runs within a block of his house, and he wants to know who will pay if there is a break in the line. Mr. Lee stated that as inspectors they are going to do everything they can to keep this from happening, and under the Department of Traffic Specifications it will not happen. He believes American Petrofina would be liable if injury occurred as a result of error on their part. He cannot second guess liability on acts of God. It would depend on the cause as to who would be liable. Councilor Kirkham also stated that this pipe line runs closer than one block to many houses in his area, and confirmed that he has taken care of easements with private individuals. He also mentioned park property which they will be crossing. Even though they have an easement in the parks, we are using them. He asked about safety measures to take care of children. Mr. Lee explained that this concern was brought up early, and continues to be a concern during construction. Barricades will be installed. Councilor Kirkham asked about Article 2A. Mr. Bonnett addressed this matter, stating that we are saying that we do not want to unreasonably hold up their plans, but to safeguard the public in this area. The meeting recessed at 10: 05 A.M. , and reconvened at 10 : 20 A.M. Councilor Kirkham stated that he is not totally satisfied with what they were previously discussing, but he believes time limits might not be in the best interests of the City and company. He also noted that sometimes in these projects the area being disturbed is not being put back in near the condition that it was before they started. Mr. Bonnett stated that on the plans they are requiring a statement that all excavations will be filled by density, with top soil and seed on the landscape. This will only be on city property. What they do with private property is their concern. Mr. Lee addressed retainage and clean up work, stating that Trust Pipe Line is the assignee of this agreement, and they are required to make the city happy. Councilor Kirkham had some questions concerning Article 2A and B, Article 3 , and Article 5 . Mr. Lee stated they would work with Mr. Bonnett' s office on any future plans for area development. Moved by Councilor Kirkham that Article 6 be amended by removing the word "or" following the word "maintenance" , and adding "and operation" after the word "repair" . e Motion seconded by Councilor Hirschi, and carried unanimously. Moved by Councilor Kirkham that Article 8 be amended to strike "City Engineer" and insert "Director of Public Works" . Motion seconded by Councilor Hirschi, and carried unanimously. A motion was made by Councilor Kirkham, and seconded by Councilor Barenberg to change the fee in Article 9 from $1 . 00 to $15. 00. After a lengthy discussion the motion and second were withdrawn. 128 Item 7b Cont 'd Moved by Councilor Kirkham that Article 9 be amended by adding paragraph "C" to allow the City to collect for all expenses incurred for inspections, not to exceed $3 , 000. Motion seconded by Councilor Barenberg, and carried unanimously. Councilor Thompson favored tabling this ordinance to give the staff more time to study it. He discussed the facility mentioned in Article 2D. Mr. Lee stated that he believed this would be justified, and explained that the facility is a piece of pipe in the ground. The line is to be laid in a manner that is in full compliance with Department of Transportation regulations. This project is an upgrade of the existing facility. The line now going in is an eight-inch line, rather than a 6-inch line. Councilor Thompson stated he will not be comfortable voting for it because he does not feel the citizens themselves understand the consequences if something goes wrong. Mayor Goolsby noted that it is up to the company to notify each property owner involved. Councilor Thompson felt that it is more than the private individual. If a spill occurred it could get into the water line. Councilor Buffum noted that this type of activity is closely monitored by state regulations, and there are safeguards in place. Moved by Councilor Thompson that Article 2A be amended to include the wording "approval or disapproval of such plans" . Motion seconded by Councilor Hirschi. Mr. Hughes stated that the way he reads this is that they submit their plans for review and approval, and such review and approval will not be unreasonably delayed, withheld, or denied. He believes the word "disapproval" would confuse this meaning. Councilor Barenberg feels that use of the word would clutter it up. Councilor Hirschi did not see that it takes away from this. Mayor Goolsby believes that disapproval is understood in the wording. The motion failed by the following vote. Ayes : Councilors Hirschi, Thompson, and Kirkham Nays: Mayor Goolsby, Councilors Thomas, Barenberg, and Buffum The question was called by Councilor Thomas, with the amendments added. Motion seconded by Councilor Barenberg, and failed by the following vote. Ayes: Mayor Goolsby, Councilors Thomas, Barenberg, and Kirkham Nays: Councilors Hirschi, Thompson, and Buffum (Five votes are needed to call a question. ) Moved by Councilor Buffum that Article 2B be amended to take out the word "substantially" , and require the Director of Public Works to sign off on the work done. Motion seconded by Councilor Barenberg, and carried unanimously. Moved by Councilor Hirschi that the last sentence of Article 2B be amended to state that the company, at company' s cost, shall promptly restore all public right-of-way excavated M1 129 Item 7b Cont'd or disturbed by the company to the same condition as before such excavation, and to the reasonable satisfaction of the City. Motion seconded by Councilor Thompson, and carried unanimously. Moved by Councilor Hirschi that Article 2D be amended to add that "Company shall promptly pay for such removal when presented with an itemized statement indicating costs thereof, and such payment shall be paid within 30 days of presentation for payment. If not paid within 30 days, interest shall accrue on the unpaid portion at the maximum annual rate allowed by law. Cost of collection, including court costs and attorney' s fees, shall be borne by the Company. " Motion seconded by Councilor Thompson, and failed by the following vote. Ayes: Councilors Hirschi, and Thompson Nays: Mayor Goolsby, Councilors Thomas, Barenberg, Buffum, and Kirkham Councilor Hirschi expressed concern about doing this without a public hearing. Mr. Lee noted that the existing pipeline has been in the city for 30 years. They are not proposing to add any additional footage in the city with this pipeline. They will be positively impacting the city. Mrs. Giola Ozuna expressed concern about children getting in the ditches. Mr. Lee addressed safety, stating that the 8-inch line will be heavy wall pipe, well in excess of required standards. Councilor Buffum commended Mr. Lee for his excellent and patient presentation. The question was called by Councilor Buffum, seconded by Councilor Barenberg, and carried unanimously. The motion for passage of Ordinance No. 5-89 , as amended, carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 7c ORDINANCE NO. 6-89 ORDINANCE AMENDING CHAPTER EIGHT, ARTICLE II , SECTION 8-22 OF THE CODE OF ORDINANCES REGULATING THE FEES FOR SOLICITORS AND ITINERANT MERCHANTS, PROVIDING AN EXEMPTION FOR NON PROFIT ORGANIZATIONS AND DECLARING AN EMERGENCY Moved by Councilor Hirschi that Ordinance No. 6-89 be passed. Motion seconded by Councilor Barenberg. Councilor Hirschi asked about certain sections, stating that in the future he would like to have a copy of what is being amended, for information. 130 Item 7c Cont'd Councilor Kirkham noted two types of permits now. Mrs. Thomas explained that we have always had both solicitor and itinerant merchant permits. They serve two different purposes. Mr. Berzina explained that the staff is looking at the purpose of regulation, and we want to get the Council ' s ideas , but the purpose of this ordinance today is to take care of exemption of non-profit organizations. Mayor Goolsby asked if we check the quality of the products they sell, and Mrs. Thomas explained that the ordinance does not provide for this type of regulation. Councilor Thomas mentioned a situation he was familiar with where the itinerant merchant did not show up, and people lost their money. He does not feel we need the itinerant merchants ' regulation, but only solicitors. Mr. Berzina asked about permits at spring fling, hotels , and the activities center, stating maybe we should get out of that business. The motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Barenberg, Buffum, and Kirkham Nays: None (Councilor Thompson was absent from the Council table. ) Item 8a RESOLUTION NO. 6-89 RESOLUTION APPROVING FOURTH AMENDMENT TO RENTAL CAR LEASE AT MUNICIPAL AIRPORT WITH METRO RENTAL, INC. AND THE SECOND AMENDMENT TO RENTAL CAR LEASE WITH MORGAN LEASING Moved by Councilor Barenberg that Resolution No. 6-89 be passed. Motion seconded by Councilor Buffum. Councilor Hirschi asked about a renewal clause. Jeanie Thompson explained that it is not in these contracts. She suggested an amendment, which was accepted by Councilors Barenberg and Buffum, to state that the lease would be extended until December 31, 1989 , and thereafter on a month to month basis until terminated by either party. The amended motion carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 8b RESOLUTION NO. 7-89 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A SALES AND PURCHASE CONTRACT WITH TU ELECTRIC FOR THE PURCHASE OF CITY PARK LIGHTING 131 Item 8b Cont'd Moved by Councilor Kirkham that Resolution No. 7-89 be passed. Motion seconded by Councilor Thompson, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None Item 8c Moved by Councilor Thomas that this item be pulled from the agenda. Motion seconded by Councilor Barenberg, and carried unanimously. Item 9a John Seddon addressed the Council, representing the Wichita Falls Area Food Bank. He discussed paving in and around the food bank. He requested that the City seal the cracks with tar on this parking lot. Councilor Thomas noted that the City did this with the understanding that the Food Bank would take care of it. Mr. Berzina stated he didn' t know who put the pavement in. The City' s answer was "no" to take care of those lots. It is a private operation. He suggested that if this is a request they would like to make, that it be done at the same time other facilities are considered for funding. Councilor Barenberg suggested that someone evaluate the problem. William Young appeared in regard to enforcement of handicapped parking, and requiring it to be installed where it presently isn' t. Councilor Barenberg explained that the Commission on Disabled has already begun addressing the problem by making the merchants aware of what it takes to make it enforceable. They are trying to get the penalty shown on the sign, for enforcement. He noted that at performances in the Auditorium the trucks and vans totally obstruct the handicapped parking spaces. Mr. Berzina noted that we lose those two spaces for performances, but the whole East side of the building is signed with portable signs. James Brown, 808 Eddy Lane, complained about his water service. Addresses of 806-808 are all on one meter. The 806 address is vacant, and he is still having to pay for refuse and sewer. Councilor Thomas explained that he may have to put in separate meters. Mr. Berzina stated that he would look into it, but he guesses that the utility collection people are backed up against an ordinance that they cannot do anything about. Only the Council can waive it. If there is anything he can administratively do, he will, and if not, it will have to come back to the Council. Giola Ozuna mentioned hiring of American Indians in the City, stating she is Apache from Oklahoma. She stated she is epileptic. 132 Item 9b Councilor Thomas stated that he is very concerned about itinerant merchants, and hopes we look into that matter. He would like for us to make the Activities Center responsible for our shows there. He also mentioned doing away with a lot of ordinances dealing with the downtown area. He thinks we are losing some people in our downtown area because of some of our ordinances. Councilor Buffum asked for a brief update of ordinances on CDBG. Mr. McKinney stated they are looking at the development code, zoning, various construction codes, and getting input from various people. Councilor Buffum expressed that anything the Council can do to encourage downtown development is what they need to be doing. Councilor Barenberg stated there are some departments telling people to go directly to the Council. He believes the City Manger has told them to go through him, and asked that he address this matter. Councilor Barenberg spoke as a messenger from the Electrical Board that some electrical contractors find it cheaper to violate the code and pay the fine. He also spoke of the importance of being citizen friendly. Councilor Hirschi mentioned the mission statement, stating that he read the Beaumont citizen friendly ordinance. He suggested that the Council review this so that it can be brought to the Council for discussion. Councilor Hirschi requested that the City look into the conversion of automobiles to natural gas. Councilor Hirschi stated that he would like to review the riverwalk plans before they go out for bids. Mr. Berzina explained that they are still in a go posture for the trail to O'Reilly Park. They will bring the plans to the Council for their review. Some of the property has been given to us. He is aware of only one property where the offer is not in agreement with the owner, and Mrs. Chasteen is in negotiations on it. Councilor Kirkham stated that between now and the first of 1990, we are in the position of losing the FAA service at the airport. If we show opposition to this there is a pretty good possibility of saving this facility from the ax. If this occurs, flight service calls will go to San Angelo. He requested that the Council write a letter opposing the closing of the flight service station. It will not close the national weather bureau. Mr. Parker explained that the answer will come from someone in Fort Worth. Mayor Goolsby commented that if he signs a letter he would want to know what we are losing. It was noted that we would lose four to six people, we would have delays in commercial flights, we lose the on-site capability of clear weather, and we would lose responsiveness to pilots flying over here. Mr. Berzina suggested getting a report, and going from there. Councilor Kirkham stated that it will also have an impact on those who use it. 133 Item 9b Cont'd Councilor Kirkham also supports the comments made by Councilor Thomas on update of ordinances. He also thinks this city needs to go on record and practice citizen friendly. He believes our people do, but maybe some of our ordinances do not. Councilor Thompson expressed concern about the lack of lights on the Emanuel Davis overpass. He requested that Bob Parker write a letter to the Highway Department to try to get them installed. He also mentioned missing lights in the downtown area, and in some sections on the East side. Councilor Thompson encouraged youth recreation for low income children to divert them from some of the unsavory activities. He also expressed appreciation to those who were involved in the Martin Luther King celebration. Councilor Thomas asked about an annual meeting on the economic development task force. Mr. Berzina will look into it. Item 9c Mr. Berzina noted the request on the old hotel in the downtown area for the homeless. A report of the inspection made by staff has been presented to the Council. Staff is available to answer any questions. Mayor Goolsby agrees that we owe Mrs. Washington an answer. Councilors Hirschi and Buffum stated they are waiting for a more concrete proposal from her. Councilor Barenberg asked if anybody has any information on the actual needs of the community? Both Faith Mission and the Salvation Army stated they have empty beds. Mayor Goolsby noted that it seems the question was are those beds available on a long-term basis. Mr. Berzina noted that the tourism and marketing study will be on the next agenda. Also, Mike Harmon mentioned a new ambulance on display in the parking lot. Item 9d The Council recessed into executive session at 12 : 32 P.M. , according to Article 6252-17, Section 2 , Paragraphs (e) and (g) of the Revised Civil Statutes. The meeting reconvened at 1 : 55 P.M. Item 11 Moved by Councilor Thomas that a special meeting be held on January 23 , 1989, at 8: 30 A.M. to seek further legal counsel on Clay County taxes. Motion seconded by Councilor Barenberg, and carried unanimously. 134 Item 10 RESOLUTION NO. 8-89 RESOLUTION APPROVING FOURTH AMENDMENTS TO RENTAL CAR LEASES AT MUNICIPAL AIRPORT WITH WILLIAM HURLEY AND ROBERT MOORE Moved by Councilor Thomas that Resolution No. 8-89 be passed. Motion seconded by Councilor Barenberg, and carried by the following vote. Ayes: Mayor Goolsby, Councilors Hirschi, Thomas, Thompson, Barenberg, Buffum, and Kirkham Nays: None The City Council adjourned at 2 : 00 P.M. PASSED AND APPROVED this the day of , 1989. Perry G�olsby, yor ATTEST: Wilma J. Thomas, CMC/AAE City Clerk