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Home My WebLink About1993-03-02 - Regular City Council MINUTES OF REGULAR MEETING City of Stephenville - City Council TUESDAY, MARCH 2, 1993 - 7:00 P.M. The City Council of the City of Stephenville, Texas, convened in regular session on March 2, 1993, at 7:DO p.m., in the Council Chambers at City Hall, 354 N. Belknap, with the meeting being open to the public and notice of said meeting, giving the date, time, place and subject thereof, having been posted as prescribed by Article 6252-17, Section 3A, V.T.C.S., with the following members present, to wit: Mayor: Lavinia Lohrmann Mayor Pro Tem: Scott Evans Councilmembers: Alan Nix Donald L. Zelman Sam Taylor II George Swearingen William F. (Bill) Johnson Dan Collins Bill Ba i 1 ey Absent: None Others Attending: Don Davis, City Administrator Joyce Pemberton, City Secretary Randy Thomas, City Attorney I. CALL TO ORDER: Mayor Lavinia Lohrmann called the meeting to order and declared a quorum present. II. PRESENTATION OF EMPLOYEE SERVICE AWARDS. Don Lee Howard Phillips Bobby Pettijohn Mike Hall 5 Years 10 Years 15 Years 15 Years Street Department Cemetery Department Fi re Department Police Department Mayor Lohrmann presented Servi ce Cert ifi cates and watches to the above listed employees in honor of their years of service with the City of Stephenville. III. HOW ARE YOU TODAY PROGRAM - Barbara Schmidt Barbara Schmidt, representing the Senior Citizens' Center, addressed the Council regarding the "How Are You Today" program. Mrs. Schmidt advised the Council that $2,000 of the $2,750 needed has been donated toward the implementation of this program, which hopefully, will be implemented some- time this month. Mrs. Schmidt asked, on behalf of the Senior Citizens' - 21 - Center, that the Council consider an acknowledgement that if the City, sometime in the future should decide to discontinue this program, that the equipment purchased for this program be returned to the Senior Citizens. Of course, all assets of the Senior Citizens' Center will become the pro- perty of the City of Stephenville, if the Center is ever dissolved. They feel this request will help avoid any future conflict over the assets of this particular program. This program will be operated from the Stephen- vill Police Department and the Department will pay the $25/mo cost of the on-line charge. After some discussion, Councilman Don Zelman made the motion that the equi pment for the "How Are You Today" program be the provi nce of the Senior Citizens' Center in the event that the City or the Council decides the program should not be continued. Councilman Dan Collins seconded the motion. The motion carried UNANIMOUSLY. IV. BUDGET AMDENDMENTS Councilman Alan Nix explained that Mark Kaiser, Director of Finance, had advi sed the Fi nance Committe of several budget amendments authorized by the Council, but no formal action had been taken. The Committee is recom- mending the following amendments: A. Parks & Recreation Dept. (Renovation of Restrooms) B. Parks & Recreation Dept. (Ross Property) C. Outside Services (Wolfe & Schnur Property) D. Fire Department (Overtime Pay) E. Municipal Court (Computer Update) 01-0502- 521 01- 00 -1417 01- 00 - 905 DESCRI PTION BUILDINGS PARK RESTROOMS DONATIONS RECEIVED FUND BALANCE TO $30,267.00 $30,267.00 $28,837.00 $ 8,000.00 $36,500.00 $ 3,000.00 $106,604.00 FROM ACCOUNT # $30,267.00 $ 6,800.00 23,467.00 $30,267.00 01-0501- 510 LAND - ROSS PROPERTY 01- 00 - 905 FUND BALANCE $28,837.00 $28,837.00 $28,837.00 $28,837.00 01-0801- 253 OURSIDE SERVICES APPRAISERS 01- 00 - 905 FUND BALANCE $ 8,000.00 $ 8,000.00 $ 8,000.00 $ 8,000.00 01-0603- 112 OVERTIME 01-0603- 121 RETIREMENT 01-0603- 122 SOCIAL SECURITY 01-0603- 123 WORKERS' COMPo 01-0604- 112 OVERTIME $15,355.34 1,114.59 829.02 597.36 15,531.92 - 22 - 01-0604- 121 RETIREMENT 01-0604- 122 SOCIAL SECURITY 01-0604- 123 WORKERS'COMP 01- 00 -1403 AMBULANCE REVENUE 01- 00 - 905 FUND BALANCE 1,128.10 839.07 604.60 500.00 $36,500.00 $36,500.00 $36,500.00 01-0302- 414 EQUIPMENT MAINTENANCE 01- 00 - 905 FUND BALANCE $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 TOTAL $106.604.00 $106,604.00 Councilman George Swearingen made the motion to approve the above budget amendments as recommended. Counci lman Bi 11 Bail ey seconded the moti on. The motion carried UNANIMOUSLY. V. CONSENT AGENDA: A. APPROVAL OF MINUTES: February 2nd and February 17th, 1993 - (removed at the request of Councilman Bailey). B & C. Ordi nances Calli ng the Ci ty General El ect ion - (removed at the request of Councilman Zelman). D. Site Development Plan For Lot 10, Block 96, City Addition Counci lman Scott Evans made the motion to approve the Consent Agenda as presented, except Items A, Band C. Seconded by Councilman Bill Johnson. The motion carried UNANIMOUSLY. ITEMS REMOVED FROM CONSENT AGENDA: A. Councilman Bill Bailey asked that the Minutes of February 17, 1993, reflect that he and Councilman Dan Collins voted "NO" on approval of Ordinance No. 1993-05 (water and sewer rate increase). Councilman Sam Taylor made the motion to approve the Minutes of special meeting on February 17, 1993, with the two amendments to change the votes of Dr. Collins and Mr. Bailey to "NO" on the approval Ordinance No. 1993-05 (water and sewer rate increase). Seconded by Councilman Alan Nix. The motion carried UNANIMOUSLY. B & C. Ordinances Calling the City General Election. Councilman Don Zelman noted that in Ordinance No. 1993-09 (charter amendments) the Mayor is referred to as "his" and councilmembers are referred to as "his". Dr. Zelman asked that this ordinance be changed to reflect the terms of both genders (he/she). Councilman Don Zelman made the motion that the wording in Ordinance No. 1993-09 be changed to use terms to refl ect both genders. Seconded by Councilman Bill Johnson. - 23 - Councilman Nix commented that he understood the purpose of the ordi- nance amending the City Charter for single member districts, but he was not sure that the citizens will. It is a very lengthy and complicated ordinance. We have the potential for a big problem, as some of the propositions may pass and some may fail. He said he was not sure what position that would leave us in. Ci ty Attorney Randy Thomas advi sed that he had talked with Professor Guinn regarding this issue. The advice he received was that it would be a situation that has not been tried before. Hope it did not happen. All the items have to be separate issues on the ballot. One cannot be dependent on the other. Councilman Sam Taylor commented that he did not think we have a choice. Professor Guinn is the expert. He says this is the way it has to be submitted and it will just have to be put out there to the public, that these propositions in their total deal with single member districts. We will just have to look at it that way. Councilman Nix said he believed, again, that the Council is obligated to put this before the voters and he does support that concept, but again, he does not support the concept of single member districts. Nor by voting for this, does he endorse it in any way. There may be several other members of the Council that agree with that. He will vote to put it on the ballot, but he does not support it nor endorse it. Councilman George Swearingen said "ditto" to Mr. Nix's remarks. Councilman Bill Johnson said he did not support single member districts. The motion on the floor carried UNANIMOUSLY. Councilman Bill 8ailey made the motion to pass and approve Ordinance No. 1993-08, which calls for the City General Election for election of four (4) councilmembers. Seconded by Councilman Alan Nix. The motion carried UNANIMOUSLY. VI. CITY ADMINISTRATOR'S REPORT: Don Davis, City Administrator, reported that he had met tOday with the staff of the Institute at TSU concerning the feasibility study and we hope that within a week we will have that in its final draft, ready to submit to the Landfill Committee and the Texas Water Commission. We are close to having the report from the engineers. If we do not hear from them this week, we wi 11 call them and, hopefully, by next week they wi 11 have thei r recommendations concerning the transfer station. We are meeting with Waste Management Monday to discuss part of their pro- posal. It appears that all of these alternatives are coming to a head, if you wi 11, some time next week and hopefully we'll be able to make some recommendations to the Council after that time. VII. CITY COUNCIL/CITIZEN GENERAL DISCUSSION: Councilman Scott Evans said he was approached Saturday morning by a fellow at the soccer field about the possibility of the City giving them the strip - 24 - of land east of the soccer fields for parking. Ronnie Isham, Director of Parks & Recreation said he did not think the City owned that land, but he would check into it. Mayor Lohrmann announced that Wednesday, March 17th, is sponsoring a seminar "REVITALIZING MAIN STREET". would like more information, call 968-6224. Edward D. Jones & Co. If any of the Council VIII. Mayor Lavinia Lohrmann recessed the open portion of this meeting and called the City Council into EXECUTIVE SESSION (at 7:34 p.m.) in compl iance with the provisions of the Texas Open Meetings Law, Article 6252-17, Vernon's Texas Civil Statutes, in accordance with the authority contained in... LEGAL: "Section 2(e), consultation between the City Counci 1 and its attorney to discuss pending litigation." A. Condemnation Suit - Schnur Property Mayor Lohrmann reconvened the Council into open session at 7:38 p.m. IX. ACTION TAKEN on the Schnur Property condemnation suit: NONE. There being no other business to come before the Council at this time, Mayor Lohrmann adjourned the meeting at 7:40 p.m. ~~7 .. I ~ IIL-&~'C<...,,-.j Lavinia Lo ann, Mayor - 25 - ORDINANCE NO. 1993-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STEPHENVILLE CALLING FOR THE CITY GENERAL ELECTION FOR MAY 1, 1993, ESTAB- LISHING PROCEDURE FOR THE CITY GENERAL ELECTION. WHEREAS, the laws of the State of Texas and the Charter of the City of Stephenville provide that on the first Saturday in May (May 1, 1993), there shall be elected the following officials for this City. 1 Council Member, Place 1 1 Council Member, Place 3 1 Council Member, Place 5 1 Council Member, Place 7 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: That all candidates at the election to be held on the first Saturday in May 1993 for the above mentioned offices file their application to become candidates wi th the City Secretary at City Ha 11, 354 N. Be 1 knap Street, Stephenvill e, Texas, on or before the 31st day before the election, and that all said applica- tions shall be on a form as prescribed by the Election Code of the State of Texas. All candidates shall file with said application the loyalty affidavit required by Article 6.02 of the Election Code. That the City Secretary shall, in accordance with the terms and provisions of Article 13.32 of the Election Code post in her office the names of all can- didates who have filed their applications in accordance with the terms and pro- visions of this resolution and order, and said names shall be posted at a conspicuous place in said office according to law. The order in which the names of the candidates are to be printed on the ballot and shall be determined by a drawing by the City Secretary, as provided by Article 6.05c, Subd. 3 of the Election Code. Said election shall be held at the City Recreation Building, 378 W. Long Street. The City Secretary is hereby authorized and instructed to provide and fur- nish all necessary election supplies to conduct said election. The following named persons are hereby appointed officers for said elec- tion: Louise Skipper will serve as Presiding Judge, and Gloria Taylor will serve as Alternate Presiding Judge, and the clerks for the election will be appointed by the Presiding Judge in a number not to exceed eight (6) clerks. The poll at the above desi9nated pollin9 place shall, on said election day, be open from 7 o'clock a.m. to 7 o'clock p.m. Joyce Pemberton is hereby appointed Early Voting Clerk and Mrs. Mary Robi nson is appoi nted as Deputy Early Vot i ng Cl erk. The early voting for sa i d election shall be in Council Chambers at City Hall, 354 N. Belknap Street, Stephenville, Texas, and said place of early voting shall remain open from 8:30 a.m. to 5:00 p.m. on each day for early voting, which is not a Saturday, Sundary of an official State ho1 iday, beginning on April 12, 1993, and continuing through April 27, 1993. The above described place for early voting is also the early voting clerk's address to which ballot applications and ballots voted by mail may be sent. Said election shall be held in accordance with the Election Code of the State of Texas and only resident qualified voters of the City of Stephenville shall be eligible to vote at said election. The Mayor shall give notice of this election in and provisions of Article 4.05 of the Election Code. necessary orders and writs for said election. accordance with the terms The Mayor shall issue all It is further found and determined that in accordance with the order of this governing body the City Secretary posted written notice of the date, place, time and subject of this meeting on the bulletin board located in City Hall, a place convenient and readily accessible to the general public, and said notice having been posted and remaining posted continuously for at least 72 hours prior to the scheduled time of said meeting. PASSED, APPROVED AND ADOPTED THIS the 2nd day of March, 1993. /. J ~,-,~_,r--/.tlZA-~~' ~ Lavinia Lohrmann, Mayor ORDINANCE NO. 1993-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STEPHENVILLE CALLING FOR A CITY GENERAL ELECTION FOR MAY 1. 1993, TO SUBMIT PROPOSED AMENDMENTS TO THE CITY CHARTER OF THE CITY OF STEPHEN- VILLE; SETTING FORTH THE PROPOSED AMENDMENTS; PRESCRIBING THE FORM OF THE PROPOSITIONS; NAMING ELECTION OFFICIALS AND POLLLING PLACES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, in accordance with Section 9.004(a) of the Texas Local Government Code, the City Council hereby calls for the submission of proposed charter amendments to the voters of the City of Stephenville; and WHEREAS, the City Secretary has advised the City Counci 1 that the authorized date to call the City General Election to consider the proposed charter amendments is May 1, 1993. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: SECTION 1. It is hereby ordered that the City General Election is to be held in the City of Stephenville on May 1, 1993, for the purpose of submitting to the qualified voters the hereinafter described proposed charter amendments. Such election shall be held at the City Recreation Building, 378 W. Long Street, Stephenville, Texas. Louise Skipper is hereby appointed presiding election judge, Gloria Taylor is hereby appointed alternate presiding judge. The presiding election judge shall appoint not less than two nor more than six election clerks to assist them in the conduct of the election. Voters residing in the city limits of Stephenville, Texas, shall vote in the City polling place shown above. SECTION 2. There shall be submitted at such City General Election on May 1, 1993, the following measures as proposed amendments to the City Charter of the City of Stephenville. Measure No. 1 That Article III, Section 2, of the City Charter be amended so that such shall read as follow: Sec. 2 Mayor-Term. The Mayor shall be elected from the city at large for a term of two (2) years or until hislher temporary successor has been appointed pursuant to Article III Sec. 12 of the City Charter. Measure No.2 That Article III, Section 5, of the City Charter be amended so that such shall read as follows: Sec. 5. Councllmembers, terms of office. There shall be four (4) members of the city council elected at-large from the City of Stephenville. At- large councilmembers shall be elected for a term of two (2) years or until hislher temporary successor has been appointed pursuant to Art. III, Sec. 12 of the City Charter; two (2) councilmembers being elected each year. The at-large council positions shall be designated as "at-large places 1, 2, 3, and 4." At- large councilmembers shall run and be elected by place designation. There shall be four (4) members of the city council elected from four single member districts, with one councilmember being elected from each district. Single member district councilmembers shall be elected for a term of two (2) years or until his/her temporary successor has been appointed pursuant to Article III, Sec. 12 of the City Charter. The single member districts shall be designated as "single member districts A, B, C, and D." Measure No. 3 That Article III, Section 6, of the City Charter be amended so that such shall read as follows: Sec. 6. Phase-in of terms set forth in Article III, Sec. 5 Beginning with the City General Election in May, 1994, the existing places 2, 4, 6, and 8 shall be abolished. At-large places 2 and 4, single member districts A and C, and the Mayor shall be elected in the City General Election in May, 1994. The existing places 1, 3, 5, and 7 shall remain in existence until the City General Election in May, 1995, at which time they shall be abolished. At-large places 1 and 3, and single member districts Band D shall be elected in the City General Election in May, 1995. All terms shall be for a period of two (2) years. Measure No. 4 That Article III, Section 7 of the City Charter be amended so that such shall read as follows: Sec. 7. Mayor, councilmen--Qualifications. Each of the eight (8) councilmembers and the Mayor shall be a citizen of the United States of America, have been a resident of the State of Texas for a period of at least one (1) year, have been a resident of the City of Stephenville for a period of at least six (6) months, be a qualified voter of the State of Texas. He shall not be in arrears in the payment of any taxes or any other liability due to the City. Citizens who run for election from a single member district, must have been a resident in that district for a period of at least six (6) months prior to the election date. Proof, in the form of an affidavit and a copy of the candidate's current voter registration card, of residency shall be made at the time the citi- zen files for his candidacy as required by Article IV, Sec. 3 of the City Charter. Measure No. 5 That Article III, Section 10 of the City Charter be amended so that such shall read as follows: Sec. 10. Plurality Vote. All elections shall be determined by a plurality of the qualified voters voting in the election. Measure No.6 That Article III, Section 12 of the City Charter be amended so that such shall read as follows: Sec. 12 Vacancy. If, (1) any councilmember moves from the City or is convicted of a felony, or (2) any councilmember elected in a single member district moves from that single mem- ber district, or (3) there is no candidate for any at- large place or any single member district, or (4) there occurs a vacancy for any other reason, the Mayor and remaining city councilmembers may appoint a person who is qualified for the vacant at-large place or single member district to serve until a successor has been elected and duly qualified. If the Mayor moves from the city or is convicted of a felony, or there occurs a vacancy for any other reason, the city council may appoint a person who is qualified to serve as Mayor until a successor has been elected and duly qualified. In the event of any vacancy, a special election shall be held on the first uniform election date occurring on or after the 30th day after the date the election is ordered, but in no case shall the election be held more than 120 days from the date the vacancy occurred, notwithstanding the fact that no standard election date as provided by V.A.T.S. Election Code ~ 41.001 occurred within that period. If the vacancy occurs within ninety (90) days of the City General Election, it shall not be filled by special election. SECTION 3. The proposed measures to amend the Charter of the City of Stephenville, as proposed in Section 2 of this ordinance, shall be submitted to the qualified voters at the City General Election on May 1, 1993, on the ballot and in the form of the following propositions. The numbers of the propositions sha 11 correspond to the numbers of the measures, and the words "YES" and "NO" shall be printed to the left of each proposition on the ballot: Proposition No. 1 Mayor-Terms Shall Section 2 of the City Charter be amended so that the Mayor shall be elected from the City at-large for a term of two (2) years? Proposition No.2 Councilmembers, terms of office. Shall Section 5 of the City Charter be amended so that there shall be four (4) members of the City Council elected at-large and four (4) members of the City Council elected from single member districts, all members being elected for a term of two (2) years? Proposition No.3 Phase-In of terms set forth In Article III, Sec. 5. Shall Section 6 of the City Charter be amended so that Section 5 shall be phased in as follows: Shall councilmembers under the amended Section 5 plan be phased in as follows: 1) two (2) at-large members and two (2) members from single members districts shall be elected in May, 1994; and 2) the remaining at-large members and members from single member districts shall be elected in May, 1995? Proposition No.4 Mayor, councilmen--Qualiflcations. Shall Section 7 of the City Charter be amended so that each of the eight (8) councilmembers and the Mayor shall be a citizen of the United States of America, have been a resident of the State of Texas for a period of at least one (1) year, have been a resident of the City of Stephenville for a period of at least six (6) months, be a qualified voter of the State of Texas, shall not be in arrears in the payment of any taxes or any other liability due the City, and citizens who run for election from a single member district, must have been a resident in that district for a period of at least six (6) months prior to the election date? Proposition No.5 Plurality Vote. Shall Section 10 of the City Charter be amended so that all elections shall be determined by a plurality of the qualified voters voting in the election? Proposition No.6 Vacancy. Shall Section 12 of the City Charter be amended so that if (1) any councilmember moves from the City or is convicted of a felony, or (2) any council- member elected in a single member district moves from that single member district, or (3) there is no candidate for any at-large place or any single member district, or (4) there occurs a vacancy for any other reason, the Mayor and remaining city councilmembers may appoint a person who is qualified for the vacant at-large place or any single member district to serve until a successor has been elected and duly qualified. If the Mayor moved from the City, or is convicted of a felony, or there occurs a vacancy for any other reason, the city council may appoint a person who is qualified to serve as Mayor until a successor has been elected and duly qualified. In the event of any vacancy, a special election shall be held on the first authorized uniform election date. If the vacancy occurs within ninety (90) days of the City General Election, it shall not be filled by special election? SECTION 4. It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law. PASSED AND APPROVED this the 2nd day of March, 1993. y;;1.. /) ~4~~~Lu"-L~ r / [avinia L ann, Mayor