Loading...
HomeMy WebLinkAbout1989-02-07 - Regular City Council MINUTES OF REGULAR MEETING City of Stephenville - City Council TUESDAY, FEBRUARY 07, 1989 - 7:00 P.M. The City Council of the City of Stephenville, Texas, convened in regular session on February 07, 1989 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 present, to wit: Mayor: George Swearingen Mayor Pro Tem: Allen Horne Councilmembers: Bob Self Helen Martin Vicki L. Truss Maxine Dameron James L. McSwain Joel M. Hillin Absent: Jim Bostic 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 George Swearingen called the meeting to order and declared a quorum pre- sent. COMMUNICATIONS AND PERSONAL APPEARANCES BY CITIZENS: 89-02-019: CONSIDER LETTER FROM MR. CECIL FORD REGARDING ESTABLISHMENT OF A HOUSING AUTHORITY FOR FEDERAL HOUSING ASSISTANCE PROGRAMS. Mr. Cecil Ford addressed the Council stating he felt there was a very definite need for a Housing Authority here in Stephenville to accomo- date the low income persons with federal housing assistance. He said it would require administration on the city level (5 commissioners and 1 executive secretary) . Mayor Swearingen assigned this item to the Planning & Development Committee for further investigation and study. 89-02-020: CONSIDER REQUEST TO ESTABLISH "NO PARKING" ZONES ON THE SOUTH SIDE OF MCNEILL STREET ADJACENT TO DOWNTOWN. Mr. H. L. Phillips addressed the Council stating that parking on the north and south sides of McNeill Street between Graham Street and Belknap Street was creating traffic congestion by restricting the traffic flow to one lane. He said he was requesting the Council to consider "no parking" zones on the south side of McNeill Street from Graham Street to Belknap Street. Mayor Swearingen assigned this item to the Traffic Study Committee for further study. 89-02-021: PRESENTATION OF ANNUAL AUDIT REPORT BY BOUCHER, MORGAN AND YOUNG, CPA'S. Mr. James E. Young presented the annual audit report. Councilmember Helen Martin made the motion to accept the annual audit as presented. Seconded by Councilmember Maxine Dameron, the motion carried UNANIMOUSLY. 174 89-02-022: REQUEST BY STEPHENVILLE OPTIMIST CLUB REGARDING FIREWORKS DISPLAY FOR JULY 4TH FAMILY FUN FAIR AND PERMIT FOR PUBLIC FIREWORKS DISPLAY ON JULY 4, 1989. Mr. Jimmy Mooney, Fire Chief, addressed the Council stating that, due to the rising cost of insurance, the Stephenville Optimist Club is requesting that the City of Stephenville conduct the July 4th, fireworks display. Liability coverage for public fireworks displays is included in the city' s standard insurance coverage at no addi- tional expense. Under this request, the display will be funded and sponsored by the Optimist Club and conducted by the Stephenville Fire Department. Conducting the display in this manner will allow the Optimist Club to sponsor the display at a considerable savings. Chief Mooney also submitted a request for a permit for a public fireworks display as required by ordinance, should the Council grant the above request. Councilmember Bob Self made the motion that the City of Stephenville conduct the July 4th fireworks display and grant the Stephenville Fire Department a permit to conduct a public fireworks display as requested by Chief Mooney. Seconded by Councilmember Maxine Dameron, the motion carried UNANIMOUSLY. MATTERS BY COUNCILMEMBERS: 89-02-023: DISCUSSION BY COUNCILMEMBER MAXINE DAMERON REGARDING AMENDMENT TO "CITY COUNCIL RULES AND PROCEDURES": Councilmember Maxine Dameron recommended, as a matter of clarifica- tion, the City Council Rules and Procedures be amended to include the following: 1. Standing Committees be appointed annually at the first regular council meeting following the general city election in May. 2. The Mayor shall submit suggestions for committee assignment and chair designation to the City Council with the agenda for the above referenced council meeting. 3. The assignments shall be approved by a majority vote of the governing body. 4. Special committees may be appointed by the governing body as needs arise and the membership of such special committees shall remain intact until the committee' s assignment is completed. Councilmember Bob Self commented that this is just a housekeeping item as there have been complaints in the past with regard to standing committees assignments and how fairly they are distributed among the members of the Council . Such as complaints of being assigned to committees that don't do much and not being able to have input on committees that have a lot of work; and being assigned to committees that have too much to do and have to meet all the time. Councilmember Vicki Truss commented that she had no problem with the proposed amendments, but did question the timing. Mayor George Swearingen commented that if this has not been brought up before, why change it now? Councilmember Joel Hillin commented that he felt the City Council should have input. Councilmember Bob Self said that as this could not be voted on at this meeting, he moved to specify that this item be placed on the March agenda for action. Seconded by Councilmember Helen Martin, the motion carried by the following vote: AYES: Mayor George Swearingen, Councilmembers Bob Self, Helen Martin, Allen Horne, Maxine Dameron, Jim McSwain and Joel Hillin. 175 NOES: Councilmember Vicki Truss. COMMITTEE REPORTS: 89-02-024: PERSONNEL COMMITTEE REPORT: Councilmember Bob Self, Chairman, reported that the met several times regarding "Police Department Overtime Compensation". Mr. Self said a recent review of accumulated compensatory time revealed that there is a problem in scheduling sufficient coverage on shifts in the Police Department. He cited turnover in personnel , increased court appearances, and increased training opportunities as some of the factors causing this administrative problem. Mr. Self said it was the consensus of the Committee to find a way to "wipe the slate clean" by paying off the accumulated overtime and change the policy to pay overtime each pay period as it is worked. This will eliminate the "snowball effect" of compensatory time. The Committee determined that approximately $14,000.00 is required to clear the Police Department of all overtime. After much study, the Personnel Committee recommends that this expense be covered within the Police Department budget, the City Council budget and the Legal Department budget as the Committee did not feel it would be fair to penalize the other Departments and there was a lot of resistance to using the Reserve Fund. Compensatory time will continue to be used for overtime in all other departments, but this Committee has requested a program to be deve- loped for consideration at the budget workshops which would allow the Council to extend the same policy to most of the other departments, if the budget would allow. Councilmember Allen Horne made the motion that the City Council accept the Personnel Committee' s recommendation and that the overtime checks for the Police Department be issued no later than February 15, 1989. Seconded by Councilmember Jim McSwain, the motion carried UNANIMOUSLY. 89-02-025: FRANCHISE UTILITIES COMMITTEE REPORT: Councilmember Joel Hillin, chairman, reported: That the Committee met with representatives of Lone Star Gas, the City Administrator and City Secretary to discuss the 4.25% rate increase requested by Lone Star Gas Co. After the general meeting, City Council Utility Franchise Committee members met for a decision concerning the rate increase. Councilmember Joel Hillin voted to let the request stand and this become effective in due time. Councilmember Jim Bostic voted to allow the increase to take place and rates to be increased. Councilmember Helen Martin voted to disallow the increase to take place and thus Lone Star Gas Co. would have to appeal to the authority of the Railroad Commission to receive justification for the utility increase. There being no voted decision by the Committee, we, (the Committee) request input of other councilmembers and a vote taken by the Council concerning this matter. After a lengthy discussion, Councilmember Helen Martin made the motion that the request from Lone Star Gas Co. for 4.25% rate increase be denied. Seconded by Councilmember Bob Self, the motion carried by the following vote: AYES: Mayor George Swearingen and Councilmembers Bob Self, Helen Martin, Vicki Truss, Maxine Dameron, and Joel Hillin. NOES: Councilmember Jim McSwain. 176 PASS: Councilmember Allen Horne. 89-02-026: PLANNING & DEVELOPMENT COMMITTEE REPORT: Councilmember Helen Martin, chair, read the following report: In discussion with the Planning & Development Committee, the Developers, and City Staff, it became apparent that correcting the severe on and off-site drainage problems of this property is economically impossible for the Developers. Unlike recent developments which tend to be at the city limits, this property is in an older developed area in the city, receives the run- off from northwest and west and has itself become a conduit for this run-off. The City Engineer and the Developer' s Engineer disagree somewhat on the estimated amount and direction of run-off in this area. If the property was developed without storm sewers, both engineers agree that heavy rains would be sufficient to cause flooding at the southeast corner of the property (Cage & Alexander Rd.) The Committeemembers are in agreement that this drainage problem has been caused by lack of foresight and development of an adequate drainage system by the City and is one of numerous areas which must be corrected by the City. RECOMMENDATION: The Planning & Development Committee recommends the request for a variance be denied. The Planning & Development Committee submits the following three options for development of the property for your consideration: 1. City construct off-site drainage improvements. 2. City purchase land for a neighborhood park. (This is only a stop-gap to drainage problem.) 3. City trade city-owned land for this property. The Committee recommends a study of the ordinance be undertaken to determine the need or desirability to include provisions for specific exceptions. If any or all of these options are returned to the Planning & Development Committee, the Chairperson asks that the current members be retained to complete this assignment. After lenghty discussion between Don & Steve Peacock, the Council and Staff, Councilmember Bob Self made the motion to adopt the above re- commendations submitted by the Planning & Development Committee to deny the variance requested by Don & Steve Peacock. Seconded by Councilmember Helen Martin, the motion did not carry by the following vote: AYES: Councilmembers Bob Self, Helen Martin, Vicki Truss, and Joel Hillin. NOES: Mayor George Swearingen and Councilmembers Allen Horne, Maxine Dameron and Jim McSwain. ABSENT: Councilmember Jim Bostic. Councilmember Helen Martin reviewed several of the areas with drain- age problems. She commented that the cost of repairing and deve- loping an adequate drainage system have scared previous Councils, but she feels very strongly that maybe this Council needs to take some action on that. It is ridiculous to keep using the money for "stop- gap" maintenance. This problem needs to be addressed now. It is not going away. Mrs. Martin asked if the Committee were to review the Drainage Ordinance? Mayor Swearingen returned this item to the Planning & Development Committee. He asked the Committee to get back with the Developers to see if some solution can be worked out. 177 Councilmember Bob Self commented that he was willing to look at any suggested changes to the Drainage Ordinance as he would any ordinance on the books. 89-02-027: DAMAGE CLAIMS COMMITTEE REPORT: Councilmember Maxine Dameron reported the Committee met and discussed the damage claim as listed below and made the following recommen- dation: JERRY W. HUNTER, JR. , 461 N. Columbia St. , filed a damage claim on January 6, 1989, alleging that while he was driving his motorcycle down Collins Street on December 17, 1988, he hit a "city water man cover" located at the corner of the 400 block of W. Collins and the 700 block of N. Race. The cover was loose. The cover popped up and hit his engine causing him to be thrown from the motorcycle and the motorcycle to skid across the street. Mr Hunter submitted an esti- mate for repairs to his motorcycle in the amount of $1,464.00. RECOMMENDATION: The Committee voted unanimously to deny this damage claim of $1,464.00 because they did not feel Mr. Hunter had submitted sufficient evidence to prove the City's liability in this incident. Councilmember Allen Horne made the motion that the City Council accept the above stated recommendation of the Damage Claims Committee. Seconded by Councilmember Jim McSwain, the motion carried UNANIMOUSLY. CONSENT AGENDA: 89-02-028: PLANNING & ZONING COMMISSION ANNUAL REPORT: Councilmember Maxine Dameron made the motion to accept as presented the Planning & Zoning Commission's annual report. Seconded by Councilmember Helen Martin, the motion carried UNANIMOUSLY. 89-02-029: BID CONSIDERATIONS: Councilmember Maxine Dameron made the motion to approve the bids listed below. Seconded by Councilmember Helen Martin, the motion carried UNANIMOUSLY. 1. Bid #2441-Steet Dept-Street Signs & Markings Roadrunners Traffic Supply ----------$7,563.16 2. Bid #2443-Water Dept-Water Meters Texas Meter & Sewer----------------$29,777.98 Rockwell Internations--------------$ 2,641.75 3. Bid #2444-Street Dept-Street Signs Hall Signs, Inc-------------------$ 1,506.00 4. Bid #2445-Street Dept-School Zone Signs Decker Supply Co------------------$ 1,062.00 Hall Sign, Inc--------------------$ 1,196.88 5. Bid $2446-Fire Dept- Hydraulic Rescue Tool & Related Equipment Big Country Supply----------------$ 8,495.00 ORDINANCES AND RESOLUTIONS: 89-02-030: RESOLUTION SUPPORTING 9-1-1 PLANNING: Councilmember Maxine Dameron made the motion to pass and adopt a RESOLUTION supporting 9-1-1 Planning. Seconded by Councilmember Helen Martin, the motion carried UNANIMOUSLY. 178 DEPARTMENTAL REPORTS: 89-02-031: APPROVAL OF VOLUNTEER FIRE CHIEF. Councilmember Allen Horne made the motion that the City Council approve the appointment of Mr. Joe Brown as Chief of the Volunteer Fire Department of Stephenville, Texas. Seconded by Councilmember Jim McSwain, the motion carried UNANIMOUSLY. 89-02-032: REPORT FROM CHARLENE YOUNG, DIRECTOR OF FINANCE, REGARDING PROPOSED CONTRACT BETWEEN STEPHENVILLE VINEYARD & SUPPLY, INC. AND THE CITY OF STEPHENVILLE. Councilmember Allen Horne made the motion that the City Council authorize the Mayor to sign a contract between the City of Stephenville and Stephenville Vineyard & Supply, Inc. Seconded by Councilmember Joel Hillin, the motion carried UNANIMOUSLY. 89-02-033: REPORT FROM DANNY JOHNSON, DIRECTOR OF PUBLIC WORKS, REGARDING ENVIRONMENTAL PROTECTION AGNECY STANDARDS FOR LANDFILLS. Mr. Danny Johnson, Director of Public Works, presented a report to the Council regarding the present and future costs of operating the City's landfill . He outlined some of the guidelines and restrictions to be placed on the landfills by the Environmental Protection Agency. No action was required on this item. There being no other business to come before the Council at this time, Mayor Swearingen adjourned the meeting at 10:15 p.m. r ATTEST: ) Georg wearingen, Mayor oyce emberton, City Secretary 179 9-1-1 PLANNING RESOLUTION WHEREAS, the 9-1-1 Emergency Telephone Number is a dedicated nationwide emergency number for police, fire, and ambulance which provides major life saving advantages to citizens and public safety agencies; and WHEREAS, Article 1432f, of the Vernon's Texas Civil Statutes, as amended, authorizes the establishment of the Advisory Commission on State Emergency Communications and the implementation of enhanced 9-1-1 Emergency Telephone Systems in Texas; and WHEREAS, Article 1432f authorizes the planning and implementation of 9-1-1 through the development of regional plans and allows for counties having a population of 120,000 or less and cities within those counties to participate in the plan by resolution of their governing bodies; and WHEREAS, Article 1432f authorizes the Advisory Commission on State Emergency Communications to establish in areas participating in the plan, a 9-1-1 service fee of not more than 50 cents a month per local exchange access line and a 9-1-1 surcharge on each customer receiving intrastate long- distance service of not more than one-half percent; and WHEREAS, Article 1432f requires regional planning commissions (COGS) to establish plans for the establishment and operation of 9-1-1 service throughout the region served by the COG: NOW, THEREFORE, BE IT HEREBY RESOLVED: SECTION 1. The Stephenville City Council encourages the North Central Texas Council of Governments, as the regional planning commission serving North Central Texas, to establish a regional 9-1-1 plan. SECTION 2. The City of Stephenville pledges its cooperation and participation in the regional plan and in the implementation of a 9-1-1 Emergency Telephone Number and the establishment of the 9-1-1 fee upon plan approval in the City of Stephenville. APPROVED AND ADOPTED on the 7th day of February, 1989. Geor wearingen, Ma ATTEST: J ce P berton, City Secretary