Loading...
HomeMy WebLinkAbout1989-01-03 - Regular City Council MINUTES OF REGULAR MEETING City of Stephenville - City Council TUESDAY, JANUARY 3, 1989 - 7:00 P.M. The City Council of the City of Stephenville, Texas, convened in regular session on January 3, 1988 at 7:00 p.m. in the Council Chambers of 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 r] present, to wit: Mayor Pro Tem: Allen Horne Councilmembers: Bob Self Helen Martin Vicki L. Truss Maxine Dameron James L. McSwain Jim Bostic Joel M. Hillin Absent: None Others Attending: Kurt Ackermann City Administrator Joyce Pemberton City Secretary Charlene Young Director of Finance Joseph Chandler City Attorney Randy Thomas Assistant City Attorney Mayor Pro Tem Allen Horne called the meeting to order and declared a quorum pre- sent. 89-01-001: PRESENTATION OF EMPLOYEE SERVICE AWARDS. Mayor Pro Tem Allen Horne presented Service Certificates and pins to the following employees: Five Year Awards: Melissa Crim - Personnel Dept. Kenneth Smith - Fire Dept Randy Golightly - Fire Dept Howard Phillips - Cemetery Dept George Barker - Police Dept Roy Thompson - Street Dept Dennis Connelly - Water Dept Ten Year Awards: Charlene Young - Finance Dept Bobby Pettijohn - Fire Dept Don Miller - Police Dept Mike Hall - Police Dept Darvin Bridges - Water Dept Fifteen Year Awards: Ray Stone - Fire Dept Twenty Year Awards: Jimmy Mooney - Fire Dept Twenty Five Year Awards: Danny Johnson - Public Works Dept 164 89-01-002: CONSIDER PROPOSAL FROM MR. KENNETH CURRIER REGARDING ACCEPTANCE OF NORTH WEDGEWOOD SUBDIVISION. Mr. Bill Oxford, attorney representing Mr. Kenneth Currier, addressed the Council proposing that Mr. Currier would be willing to sign an agreement stating he would be responsible for the sewer and drainage easement expenses with the following provisions (Mr. Oxford' s letter dated 12/16/88) : 1. The City assure that his expenses would not exceed the sum of $7,500.00. 2. Mr. Currier be given a specific time period in which to pay said fees. 3. The City to accept the subdivision improvements as soon as possible. Mr. Oxford also proposed that said $7,500.00 be paid from the sale of lots @ $500.00 per lot until $7,500.00 is paid in full . City Attorney Joseph Chandler commented that the final amount could be far in excess of $7,500.00. The City is taking a chance as this is a strongly contested suit and there is a very good possibility of considerable expense over and above the $7,500.00 proposed. Councilmember Bob Self commented that, in his opinion, this would basically put the citizens of Stephenville in partnership with Mr. Currier in this subdivision by bearing the cost of this drainage easement and the litigation involved and being paid back in full or possibly just a portion of the cost involved contingent on the sale of the lots in said subdivision. Mayor Pro Tem Allen Horne commented that it is the Council ' s respon- sibility to protect the taxpayers. Ultimately it would be the tax- payer bearing the cost should there be additional costs over and above the $7,500.00. The question is whether it is the developer' s obligation or the taxpayers' obligation to bear the burden of cost on these condemnation proceedings? Mr. Oxford, after consulting with Mr. Currier, said Mr. Currier would agree to pay any additional amount the jury might award to the Rays for damages in the condemnation proceedings. Mr. Oxford, in answer to Mr. Ackermann' s question, said the Planning & Development Committee' s recommendation on retainages held in reserve accounts were acceptable to Mr. Currier. After more discussion, Councilmember Vicki Truss made the motion that the City Council accept the capping of expenses for the condemnation proceedings at $7,500.00 with the provision that any additional award for damages by the judge will be paid by Mr. Kenneth Currier. Seconded by Councilmember Jim Bostic, the motion carried by the following vote: AYES: Mayor Pro Tem Allen Horne and Councilmembers Helen Martin, Vicki Truss, Maxine Dameron, Jim Bostic and Joel Hillin. NOES: Councilmembers Bob Self and Jim McSwain. Councilmember Jim Bostic made the motion that Mr. Currier pay the cost of the condemnation proceedings, capped at $7,500.00, at the rate of $500.00 per lot sold in the North Wedgewood Subdivison with the provision that full amount due be paid within twelve (12) months. Seconded by Councilmember Maxine Dameron, the motion carried by the following vote: AYES: Mayor Pro Tem Allen Horne and Councilmembers Helen Martin, Vicki Truss, Maxine Dameron, Jim Bostic and Joel Hillin. NOES: Councilmembers Bob Self and Jim McSwain. It was moved and passed that the City Council accept the retainages held in a reserve account in lieu of Maintenance Bonds. 165 Councilmember Bob Self made the motion to accept the North Wedgewood Subdivision. Seconded by Councilmember Helen Martin, the motion carried by the following vote: AYES: Mayor Pro Tem Allen Horne and Councilmembers Bob Self, Helen Martin, Vicki Truss, Maxine Dameron, Jim Bostic and Joel Hillin. NOES: None ABSTAINED: Councilmember Jim McSwain. 89-01-003: CONSIDER SITE DEVELOPMENT PLAN AND VARIANCE REQUEST FROM MR. THOMAS CHRISTOPHER WIER ON PART OF LOT 2, BLOCK 70, AND PART OF LOT 2, BLOCK 74, CITY ADDITION. Mr. John Rocka, Rt. 2, Box 100, Stephenville, Texas, representing Mr. Wier, addressed the Council stating that they are proposing to construct a water line and install a fire hydrant to a point in the parking lot between the horse barn and the arena. The site plan indicates a future water line extension to a point outside the parking lot. He is proposing the City Council grant a variance to permit him to not construct the water line to the furtherest property line at this time as required by the City's Utility Extension Policy. Mr. Rocka also proposes to serve the site with sanitary sewer from an existing outfall sewer line located on the west side of the Bosque River. The Subdivision Ordinance and Utility Extension Policy requires the developer to pay for the approximate 700 feet of sewer line and a lift station to be constructed off site of the proposed development. Mr. Rocka is requesting the City Council to grant a variance from these policies and the City pay for the construction of the lift station and the sewer line located off the development site. The Planning & Zoning Commission made the following recommendation: Approval of the Revised Site Development Plan, dated 11/11/88 with the following provisions: 1. Site Development Plan to reflect location shown on Texas Highway Department Permit Application. 2. Encourage the City Council to negotiate with the Developer on the water line extension, off site sewer line extension and sewer lift station. 3. Encourage the City Council to negotiate with the Developer to secure a street dedication for an entrance to the south side of the City Park on S. Graham Street. Danny Johnson, Director of Public Works, advised the Council that the estimated costs for bringing 700' of sewer line to this property and the lift station would be $65,000 to $75,000. After more discussion, Mayor Pro Tem Allen Horne set a council meeting for Monday, January 9, 1989 at 5:30 p.m. for further discussion of this item. 89-01-004: DISCUSSION REGARDING ADMINISTRATIVE SERVICES FOR TEXAS CAPITAL PROJECTS PROGRAM. (Stephenville Vineyard & Supply, Inc. Charlene Young, Director of Finance, reported to the Council that she had contacted three companies recommended by the Department of Commerce to furnish administrative services for the Stephenville Vineyard & Supply, Inc. program approved by the Department of Commerce. The DOC recommended an accounting firm that does this type of business on a regular basis. Said companies advised that, in a formal bid process, their cost would be $40,000 to $64,000. Only $20,000 had been budgeted for these services. Mrs. Young said she did not feel the city has alternative to handling this in-house. She said it will take a lot of time at first and will take personnel away from their regular duties, but it can be handled in-house and the city will be reimbursed the $20,000. 166 After more discussion, action was postponed until the January 9th meeting. COMMITTEE REPORTS: DAMAGE CLAIMS COMMITTEE: 89-01-005: 1. Councilmember Joel Hillin made the motion to approve the Damage Claims Committee's recommendation to pay MR. B. A. DARROW $399.50 for damages incurred when the city' s street sweeper backed into his 1988 Ford pickup which was parked at 562 N. Race Street. Seconded by Councilmember Helen Martin. Councilmember Bob Self asked that a grill be included in the dama- ges as he had personally looked at Mr. Darrow's pickup and the grill was damaged. Councilmember Joel Hillin amended his motion to include the price of a grill , not to exceed the low bid (including a grill ) of $614.25 submitted by Bruner Chevrolet Co. Seconded by Councilmember Helen Martin, the motion carried UNANIMOUSLY. 89-01-006: 2. Councilmember Bob Self made the motion to approve the Damage Claims Committee' s recommendation to pay MR. BILLY TOMLINSON $389.13 for damages incurred when Mr. Darrow' s pickup was pushed into Mr. Tomlinson' s 1985 Cadillac by the city' s street sweeper. Seconded by Councilmember Joel Hillin, the motion carried UNANIMOUSLY. CONSENT AGENDA: By a roll call vote, the City Council UNANIMOUSLY approved the the following items: 89-01-007: 1. Minutes of December 6th and December 12th, 1988. 89-01-008: 2. The Final Plat of a replat of Lots 3A and 4A, Block 1, Miller Addition, Erath County, Texas. 89-01-009: 3. Final Plat of a replat of Lot 1, Block 5, North Wedgewood Subdivision, Erath County, Texas. 89-01-010: 4. Bid #2438 - Water Dept-Meter Boxes, Repair Clamps and Fittings Trans-Tex $3,678.20 Texas Meter & Sewer $9,110.50 Bid #2440 - Parks & Rec. Dept-Tractor, Flail Mower and Rotary Mower Case Power & Equip.Co. $14,595.00 Tractor & Rotary Mower Bramlett Implement $ 1,828.00 Flail Mower 89-01-011: PUBLIC HEARING AND ORDINANCE to amend Section 13-3 of the City of Stephenville Zoning Ordinance. Mayor Pro Tem Allen Horne opened the floor for a public hearing to consider amending the Stephenville Zoning Ordinance, Section 13-3, adding "Garbage Collection and Refuse Receptacle Regulations". Staff Report by Betty Chew, Planning & Inspections Coordinator. THOSE IN FAVOR - None THOSE OPPOSED - None Mayor Pro Tem Allen Horne closed the public hearing. Councilmember Helen Martin made the motion, seconded by Councilmember Bob Self, to approve the recommendation of the Planning & Zoning Commission and adopt an ordinance amending Section 13-3 of the City of Stephenville Zoning Ordinance to read as follows: "The designated areas shall consist of an area of forty-two (42) sq. ft. per canister. Each canister space to have dimensions of seven ft. (7' ) width and six ft. (6' ) depth. 167 In the R-3, B-1, B-2, B-3, B-4 and I Districts there will be provided a serviceable area designated for refuse collection. These zoning districts will be provided with refuse collection by means of canisters. The designated areas shall consist of an area of twenty (20) sq. ft having dimensions of four feet (4' ) by five feet (5' ) . A cement slab shall be provided to facilitate placement of the canister. The canister will have a privacy enclosure on three (3) sides. Multiple family dwellings (five or more units) shall be served by canisters at a ratio of one (1) canister for every twelve (12) dwelling units. Refuse collection areas shall be designated on the site plan and approved by the Building Inspector and Garbage Collection Agency. The motion carried UNANIMOUSLY. DEPARTMENTAL REPORTS: 89-01-012: 1. PARKS & RECREATION DEPARTMENT: Appointment of July 4th Family Fun Fair Executive Board members. With the consent of the Council , Mayor Pro Tem Allen Horne appointed the following members: Jim & Diana Loudermilk, Chair Ray & Debbie Reynolds Tim & Rita Thompson Art & Jan Briles Grant & Nan Goodman There being no other business to come before the Council , Mayor Pro Tem Allen Horne adjourned the meeting at 8:35 p.m. r ATTEST: George ringen, May yce emberton, City Secretary 168