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Home My WebLink About2020-02-04 - Regular City Council C0514theniffCity of Stephenville - Regular City Council Meeting Tuesda Februar 4 2020 at 5:30 PM Y� Y The City Council of the City of Stephenville, Texas, convened on Tuesday, February 4, 2020, at 5:30 PM, in the Council Chambers at City Hall, 298 West Washington Street, for the purpose of a Regular Business Meeting, 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 Chapter 551, Government Code, Vernon's Texas Codes Annotated, with the following members present,to wit: COUNCIL PRESENT: Mayor Doug Svien Council Member Mark McClinton Council Member Carla Trussell Council Member Nick Robinson Mayor Pro Tem Brady Pendleton Council Member Ricky Thurman Council Member Alan Nix Council Member Gerald Cook Council Member Brandon Huckabee COUNCIL ABSENT: OTHERS ATTENDING: Allen L. Barnes, City Manager Staci L. King, City Secretary Randy Thomas, City Attorney I. Call to Order Mayor Svien called the meeting to order at 5:30 p.m. II. Pledges of Allegiance Council member Brandon Huckabee led the pledges of allegiance. III. Invocation by Ed Dittfurth,Cornerstone Assembly IV. Oath of Office for Police Chief Dan M. Harris,Jr. Staci L. King, City Secretary, administered the Oath of Office to Dan M. Harris,Jr. V. Regular Agenda 1. Citizens' General Discussion No one came forward to address the council. 2. Consider Approval of Ordinance No. 2020-0-04 Ordering a Special Election on a Sports Venue Tax mon MOTION by Brandon Huckabee, second by Mark McClinton, to approve Ordinance No. 2020-0-04 ordering a special election. MOTION CARRIED by unanimous vote. VI. Tax Increment Reinvestment Zone No. 1 1. PUBLIC HEARING The City Council of the City of Stephenville is considering the advisability of the expansion of Tax Reinvestment Zone No. 1, City of Stephenville, Texas for Tax Increment Financing Purposes Pursuant to Chapter 311,Texas Tax Code Mayor Svien opened the public hearing. Natalie Moore, David Pettit Economic Development, LLC, briefed the council on the expansion of TIRZ No. 1. No one came forward to speak in favor of or opposition to the expansion. Mayor Svien closed the public hearing. 2. Consider Approval of Ordinance No. 2020-0-05 Amending the Boundaries of TIRZ No. 1 MOTION by Mark McClinton, second by Carla Trussell, to approve Ordinance No. 2020-0- 05 amending the boundaries of TIRZ No. 1. MOTION CARRIED by unanimous vote. 3. Recess to Tax Increment Reinvestment Zone No. 1 Board of Directors Meeting Mayor Svien recessed the meeting at 5:50 p.m. 4. Reconvene into Regular City Council Meeting The Regular City Council Meeting Reconvened at 5:51 p.m. 5. Consider Approval of Ordinance No. 2020-0-06 Amending the Project and Financing Plan for TIRZ No. 1 MOTION by Mark McClinton, second by Ricky Thurman, to approve Ordinance No. 2020- MO.. 0-06 amending the project and financing plan for TIRZ No. 1. MOTION CARRIED by unanimous vote. VII. Racial Profiling Report 1 Presentation of the Stephenville Police Department and Stephenville Fire Department 2019 Racial . Profiling Report Assistant City Manager Jason King presented the council with the Stephenville Police Department 2019 Racial Profiling Report. City Of Stephenville Regular City Council Meeting-04 Feb 2020 Page 2 of 12 Table 1.(Motor Vehicle Contacts Including Tickets,Citations and Warnings). (1/1/19-12/31/19). Race/Ethnicity All Motor Tickets or Verbal Written Vehicle Citations* Warnings Warnings Contacts N % N % N % N % White 2 231 74 327 65 0 0 1,904 76 Black 197 7 38 8 0 0 159 6 Hispanic or Latino 555 18 133 26 0 0 422 17 Asian or Pacific Islander 22 .7 2 4 0 0 20 8 Alaska Native or American 13 .4 3 6 0 0 10 .4 Middle Eastern" 0 0 0 0 0 0 0 0 Other 0 0 0 0 0 0 0 0 TOTAL 3.01d 100 503 100 0 0 2,515 10C 'Includes stops for alleged violation of a law or ordinance,tickets/citations.and verbal and written warnings N"represents"number'of all motor vehicle-related contacts Race/Ethnicity is defined by HB 3051. "Not Required Racial/Fthnic Components '^ Table 2.Motor Vehicle Contacts and Fair Roads Standard Comparison(Stephenville) Comparison of motor vehicle-related contacts with households that have vehicle access (in percentages).(1-1-2019 to 17-31-2019) Race/Ethnicity' Contacts(in Households With Vehicle percentages) Access(in percentages) White i4 8(3 Black 7 Hispanic or Latino 18 10 Asian or Pacific Islander .7 N%A Alaska Native or American Indian .4 N/A Middle Eastern 0 N/A Other" 0 N/A TOTAL too 99 'N' represents"number"of all motor vehicle contacts —Race/Ethnicity is defined by HB 3051. "Not Required Racial/Ethnic Components City Of Stephenville Regular City Council Meeting-04 Feb 2020 Page 3 of 12 Table 3,Motor Vehicle Searches and Arrests (1 1-2019 tc 12 31 2019;, Race/Ethnicity Searches Consensual Custody Searches Arrests N % N % N White 79 62 32 c's? 17 63 Black 2S 20 S '1 'S Hispanic or Latino 24 1b � i 3 6 22 Asian or Pacific Islander 0 0 0 0 0 0 Alaska Native or American 0 0 0 0 0 0 Middle Eastern " 0 0 0 0 0 0 Other" 0 0 0 0 0 0 TOTAL 128 100 39 100 27 `.00 'N' represents"number'of all motor vehicle contacts " Race/Ethnicity is defined by HB 3051 Not Required Racial/Lthnic Components Table 4.Total Number of Instances where Officers Knew/Did not Know Race/Ethnicity of Individuals Before Being Detained 1-1-2019 to 12-31-2019; Total Number of Instances Officers Total Number of Instances Officers KNEW Race and Ethnicity of DID NOT KNOW Race and Ethnicity Individuals Before Being Detained of Individuals Before Being Detained 115 2.903 City Of Stephenville Regular City Council Meeting-04 Feb 2020 Page 4 of 12 Table 5.Instances where Peace Officers Used Physical Force that Resulted in Bodily Injury 1'1-1-2019:o 12-31-20.9; Instances Where Peace Location of Stop Reason for Stop Officers Used Physical Force that Resulted in Bodily Injury NONE NONE NONE Mr. King also stated that the Fire Department is also required to file a report stating that they are exempt because they do not initiate traffic stops. MOTION by Carla Trussell, second by Mark McClinton, to accept the 2019 Racial Profiling Reports as presented. MOTION CARRIED by unanimous vote. VIII. REQUEST FOR VOLUNTARY ANNEXATION 1. PUBLIC HEARING The City of Stephenville, Texas proposes to institute annexation proceedings to enlarge and extend the boundary limits of said city to include the following described territory, to-wit: 3.340 Acres of the Williams Survey A0804. Mayor Svien opened the public hearing. No one came forward to speak in favor of or opposition to the annexation. Mayor Svien closed the public hearing. 2. Consider Approval of Ordinance No. 2020-0-07 Annexing 3.340 Acres of the Williams Survey A0804 MOTION by Brandon Huckabee, second by Gerald Cook, to approve Ordinance No. 2020- 0-07 annexing 3.340 acres of the Williams Survey A0804. MOTION CARRIED by unanimous vote. IX. Planning and Zoning Commission Karen Wilkerson, Interim Director of Development Services 1. PUBLIC HEARING Case No. PD2020-001 Applicant is Presenting a Development Plan for a Rezone of the Property Located at 2741 W. Washington, Being Lot 2, Block 148, of the City Addition to the City of City Of Stephenville Regular City Council Meeting-04 Feb 2020 Page 5 of 12 Stephenville, Erath County, Texas, from Multiple Family (R-3) to Planned Development District(PD) Mayor Svien opened the public hearing. No one came forward to speak in favor of or opposition to the annexation. Mayor Svien closed the public hearing. 2. Consider Approval of Ordinance No. 2020-0-08 Rezoning the Property Located at 2741 W. Washington, Being Lot 2, Block 148, of the City Addition to the City of Stephenville, Erath County,Texas,from Multiple Family(R-3)to Planned Development District(PD) MOTION by Brandon Huckabee, second by Alan Nix, to approve Ordinance No. 2020-0-08 rezoning the property located at 2741 W. Washington, being Lot 2, Block 148 of the City Addition to the City of Stephenville. MOTION CARRIED by unanimous vote. 3. PUBLIC HEARING Case No. PD2020-002 Applicant is Presenting a Development Plan for a Rezone of a Property Being Lot 3, Block 1, of the Lake Granbury Developers Addition to the City of Stephenville, Erath County, Texas, from Retail and Commercial Business (B-2) to Planned Development District (PD). Mayor Svien opened the public hearing. No one came forward to speak in favor of or opposition to the annexation. Mayor Svien closed the public hearing. 4. Consider Approval of Ordinance No. 2020-0-09 Rezoning a Property Being Lot 3, Block 1, of the Lake Granbury Developers Addition to the City of Stephenville, Erath County, Texas,from Retail and Commercial Business (B-2)to Planned Development District(PD) MOTION by Mark McClinton, second by Carla Trussell, to approve Ordinance No. 2020-0- 09 rezoning a property being Lot 3, Block 1, of the lake Granbury Developers Addition to the City of Stephenville. MOTION CARRIED by unanimous vote. 5. PUBLIC HEARING Case No. SV2020-001Applicant is Requesting a Waiver from the City of Stephenville Subdivision Ordinance, Section 155.6.04.M(1) Curb and Gutter Options, for a Property Located at 1020 N. Graham Ave, Being Lot 2, Block 15, of the Frey First Addition of the City of Stephenville, Erath County,Texas This item was removed from the agenda. 6. Consider Request for Waiver from the City of Stephenville Subdivision Ordinance, Section 155.6.04.M(1) Curb and Gutter Options, for a Property Located at 1020 N. Graham Ave, Being Lot 2, Block 15, of the Frey First Addition of the City of Stephenville, Erath County,Texas This item was removed from the agenda. 7. PUBLIC HEARING Case No. SV2020-002 Applicant is Requesting a Waiver from the City of Stephenville Subdivision Ordinance, Section 155.6.11 Sidewalks, for a Property Located at 1020 N. Graham Ave, Being Lot 2, Block 15, of the Frey First Addition of the City of Stephenville, Erath County, Texas This item was removed from the agenda. City Of Stephenville Regular City Council Meeting-04 Feb 2020 Page 6 of 12 8. Consider Request for Waiver from the City of Stephenville Subdivision Ordinance, Section 155.6.11 Sidewalks, for a Property Located at 1020 N. Graham Ave, Being Lot 2, _ Block 15, of the Frey First Addition of the City of Stephenville, Erath County,Texas This item was removed from the agenda. X. Tourism and Visitors Bureau Committee Carla Trussell, Chair 1. Tourism and Visitors Bureau Committee Report Council member Carla Trussell gave the committee report. 2. Consider Hotel Occupancy Tax Fund Application for the Tarleton State University FFA Invitational Judging Contest MOTION by Carla Trussell, second by Brady Pendleton, to approve the Tarleton State University FFA Invitational Judging Contest application in the amount of$3,500. MOTION CARRIED by the following votes: Ayes: Mark McClinton, Carla Trussell, Nick Robinson, Brady Pendleton, and Alan Nix Noes: Ricky Thurman, Gerald Cook, and Brandon Huckabee 3. Consider Hotel Occupancy Tax Fund Application for Hork Dog Team Roping MOTION by Carla Trussell, second by Brandon Huckabee, to deny the application for Hork Dog Team Roping. MOTION CARRIED by the following votes: Ayes: Mark McClinton, Carla Trussell, Nick Robinson, Brady Pendleton, Ricky Thurman, Gerald Cook, and Brandon Huckabee Noes: Alan Nix 4. Consider Hotel Occupancy Tax Fund Application for CC5D Barrel Race Series and Finals MOTION by Carla Trussell, second by Brady Pendleton, to deny the application for CC5D Barrel Race Series and Finals. MOTION CARRIED by unanimous vote. Xl. Planning and Development Services Committee Brandon Huckabee, Chair 1. Planning and Development Services Committee Report Council member Brandon Huckabee gave the committee report. 2. Consider Waiver of Fees for Habitat for Humanity MOTION by Brandon Huckabee, second by Gerald Cook, to approve a waiver up to $1020, with $180 of landfill fees being waived and the remainder being allocated to permit fees. MOTION CARRIED by unanimous vote. XII. Parks and Leisure Services Committee Report Nick Robinson, Chair City Of Stephenville Regular City Council Meeting-04 Feb 2020 Page 7 of 12 1. Parks and Leisure Services Committee Report Council member Nick Robinson gave the committee report. 2. Consider Approval of Expenditure of Funds for Perry Weather Lightning Detection System MOTION by Nick Robinson, second by Alan Nix, to approve the contract with Perry Weather for a lightning detection system. MOTION CARRIED by unanimous vote. XIII. Public Health and Safety Committee Brady Pendleton, Chair 1. Public Health and Safety Committee Report Council member Brady Pendleton gave the committee report. 2. Consider Approval of Ordinance No. 2020-0-10 Municipal Court Fees MOTION by Brady Pendleton, second by Nick Robinson, to approve Ordinance No. 2020- 0-10 approving a failure to appear fee. MOTION CARRIED by unanimous vote. 3. Consider Approval of Ordinance No. 2020-0-11 Amending the Parking Schedule MOTION by Brady Pendleton, second by Ricky Thurman, to approve Ordinance No. 2020- 0-11 amending the parking schedule. MOTION CARRIED by unanimous vote. i XIV. Nominations Committee Report Gerald Cook, Chair 1. Nominations Committee Reports Council member Gerald Cook gave the committee report. 2. Consider Approval of Ordinance No. 2020-0-_ Amending Planning and Zoning Commission and Board of Adjustment Officers MOTION by Gerald Cook, second by Carla Trussell, to approve Ordinance No. 2020-0- allowing for the council to appoint chairs of Planning and Zoning Commission and Board of Adjustment. MOTION FAILED by the following votes: Ayes: Carla Trussell and Gerald Cook Noes: Mark McClinton, Nick Robinson, Brady Pendleton, Ricky Thurman, Alan Nix, and Brandon Huckabee 3. Consider Appointment of Chairs and Vice Chairs for Planning and Zoning Commission and Board of Adjustment This item was removed from the agenda due to the failure of the previous item. City Of Stephenville Regular City Council Meeting-04 Feb 2020 Page 8 of 12 XV. Public Works Committee Alan Nix, Chair 1. Public Works Committee Report Council member Alan Nix gave the committee report. 2. Consider Approval of Bid Award for Construction of Landfill Cells 5 and 6 MOTION by Alan Nix, second by Mark McClinton, to approve a bid award to Hammett Excavation for landfill cells 5 and 6. MOTION CARRIED by unanimous vote. 3. Consider Approval of a Professional Services Agreement for Construction Quality Assurance for the Construction of Landfill Cells 5 and 6 MOTION by Alan Nix, second by Mark McClinton, to approve a professional services agreement with Biggs and Matthews, Inc., for construction quality assurance for construction of landfill cells 5 and 6. MOTION CARRIED by unanimous vote. 4. Consider Approval of Resolution No. 2020-R-_ Authorizing Application for a NCTCOG Solid Waste Grants Program Grant MOTION by Alan Nix, second by Mark McClinton, to approve Resolution No. 2020-R-06 authorizing application for a NCTCOG solid waste grant. MOTION CARRIED by unanimous vote. 5. Consider Approval of Amendment No. 6 to the Professional Services Agreement with MOM Freese and Nichols, Inc,for General Development Plan/Plat Reviews. XVI. Finance Committee Mark McClinton, Chair 1. Finance Committee Report Council member Mark McClinton gave the committee report. 2. Consider Approval of Ordinance No. 2020-0-21 FY2019-2020 Second Quarter Budget Adjustments MOTION by Mark McClinton, second by Nick Robinson, to approve Ordinance No. 2020-0- 21 authorizing second quarter budget adjustments. MOTION CARRIED by unanimous vote. XVII. FINANCE REPORTS 1. Monthly Budget and Investment Report for the Period Ending December 31, 2019 Monica Harris, Director of Finance, gave the following report: In reviewing the financial statements ending December 31, 2019, the financial indicators are as or better than expected. Property Tax - We received $2.4 million in property taxes in the month of December, resulting in a $174K or 6.17% increase over funds collected through December last fiscal year. The $3 million collected through December is 47% of budget, which is consistent — with the prior year collections. Sales Tax - We received $524K in sales tax in December, resulting in $37K or 2.27% over the target budget through December. We received $14K or .85% more than the funds City Of Stephenville Regular City Council Meeting-04 Feb 2020 Page 9 of 12 received through last December. HOT Funds - We received $28,260 in revenue in the Hotel Occupancy Tax fund through /MEM December, as compared to $26,550 in revenue through last December. The next filing date for the report ending 12/31/19 was January 31, 2020. We spent $63,655 in Hotel Occupancy Tax funds through December as compared to $37,438 last year. Revenue (Budgetary comparison) - The target budget for operating revenue is $6.97 million. We received $8.4 million in revenue through December, resulting in $1.4 million over budget. This is a result of property taxes, which are billed October 1st and due by January 31st, and insurance proceeds. Expenditures (Budgetary comparison) - The target budget for operating expenditures is $5.2 million. We expended $5.4 million through December, resulting in $263K over the target budget due to annual insurance and other annual payments. Revenue (Prior year comparison) - Operating revenue received last year was $7.4 million as compared to the current year's $8.4 million, resulting in a $1 million increase due to service charges, insurance proceeds, and property taxes. Expenditures (Prior year comparison) - Operating expenditures last year were $4.9 million as compared to the current year's $5.4 million, resulting in a $513K increase due to wages and benefits, maintenance, utilities, and marketing for SEDA. New Programs - The L-3 camera replacements have been purchased for the Police department.The Downtown Revitalization and the Landfill Cell projects are commencing. The Eastside Sewer project is still progressing. Investments-The total market value of cash and investments on December 31, 2019 was $34,436,715.This is split 11% in demand accounts, 8% in brokered certificates of deposits, 61% in TexStar investment pool, and 20% in TexPool investment pool. We earned $139K in interest for the quarter. The average yield to maturity for all account types for the quarter was 1.53%. The average yield to maturity for investment accounts for the quarter was 1.8%. The average yield to maturity for a 3 month treasury bill for the quarter was 1.61%. 2. Consider Approval of the City of Stephenville Investment Report MOTION by Carla Trussell, second by Gerald Cook, to approve the City of Stephenville Investment Report. MOTION CARRIED by unanimous vote. XVIII. Stephenville Type B Economic Development Authority Update Jeff Sandford, Executive Director This item was removed from the agenda. XIX. CONSENT 1. City Council Minutes • Regular City Council Meeting-07 Jan 2020 • Special City Council Meeting-21 Jan 2020 • City Council Work Session-21 Jan 2020 2. Order of Election - May 2, 2020 General Election 3. Approval of Election Contract with Erath County City Of Stephenville Regular City Council Meeting-04 Feb 2020 Page 10 of 12 4. Resolution No. 2020-R-07 Membership to Atmos Cities Steering Committee 5. TxDOT Green Ribbon Project Advance Funding Agreement MOTION by Mark McClinton, second by Nick Robinson, to approve the consent agenda as presented. XX. Comments by City Manager • Deadline to File for a Place on the May General Election Ballot - Friday, February 14 at 5:00 p.m. • City Offices Closed for President's Day- Monday, February 17 • Council Committee Meetings-Tuesday, February 18 • Regular City Council Meeting-Tuesday, March 3 XXI. Comments by Council members Council member Mark McClinton thanked Jason King for his decades of service to the city as a police officer. Mr. McClinton also sent his thoughts and prayers to David Whiteman. Council member Carla Trussell reminded everyone of the political forum on February 10. She stated there will be another political event on February 18. Ms. Trussell also encouraged everyone to attend the governor's dinner on February 25. The Historical House Museum is beginning a new series called "Pickers and Poets" that will begin February 9. Council member Ricky Thurman thanked the County for joining the City in a work session earlier in the month. Council member Gerald Cook thanked Jen Basham for supplying the council with the Green Ribbon Project plans. He stated that Ms. Basham and her staff, as well as council, have been working on ideas and planning for new facilities. Council member Brandon Huckabee thanked staff for and council for finding ways to finance the growth of Stephenville. Council members McClinton, Thurman, Nix, Cook, and Huckabee all welcomed Steve Killen and Dan Harris to Stephenville. XXII. EXECUTIVE SESSION In compliance with the provisions of the Texas Open Meetings Law, Subchapter D, Government Code,Vernon's Texas Codes, Annotated, in accordance with 1. Section 551.071 Consultations with Attorney-Pending Litigation • James Coats v.The City of Stephenville 2. Section 551.072 Deliberations About Real Property • Sale of Abandoned Alleyway in Block 15 of the City of Stephenville • Airport Hangar Lease XXIII. Action taken on items discussed in executive session (if necessary) r 1. Section 551.072 Deliberations About Real Property - Sale of Abandoned Alleyway in Block 15 of the City of Stephenville City Of Stephenville Regular City Council Meeting-04 Feb 2020 Page 11 of 12 MOTION by Mark McClinton, second by Alan Nix, to authorize the sale of an abandoned alleyway in Block 15 of the City of Stephenville. 41.M. MOTION CARRIED by unanimous vote. 2. Section 551.072 Deliberations About Real Property-Airport Hangar Lease MOTION by Mark McClinton, second by Alan Nix, to authorize staff to renegotiate the airport hangar lease. MOTION CARRIED by unanimous vote. XXIV. Adjourn The meeting was adjourned at 7:07 p.m. OF S TF �•\y• py��'; Doug Svien, Mayor •ATTEST: `W . •�•• • • *,= c., s .(<o Staci L. , ity Secreta 0/fi p 0 P, s ,,,,,,,„„,,,,,,,�� City Of Stephenville Regular City Council Meeting-04 Feb 2020 Page 12 of 12