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HomeMy WebLinkAbout1989-03-07 - Regular City Council MINUTES OF REGULAR MEETING City of Stephenville - City Council TUESDAY, MARCH 07, 1989 - 7:00 P.M. The City Council of the City of Stephenville, Texas, convened in regular session on March 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 Councilmembers: Bob Self Helen Martin Vicki L. Truss Maxine Dameron James L. McSwain Jim Bostic Joel M. Hillin Absent: Allen Horne 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. ITEM I : CALL TO ORDER. i ITEM II : CITIZENS REQUESTS AND OTHER COMMUNICATIONS. A. COMMUNICATIONS AND PERSONAL APPEARANCES BY CITIZENS: 89-03-034: REQUEST BY AMPI TO PURCHASE CITY WATER. Mr. J. R. Sobecsek, representing AMPI , addressed the Council with a request to purchase city water for their AMPI plant facility. He said the facility would use up to 150,000 gallons of water per day. He said this request was due to a change in the iron content of the water produced by the water well on their property. Also, if the future expansion of the facility is realized, it is possible the total water usage at this facility would exceed 200,000 gallons per day. He said they needed the water within 30 days. After some discussion, Mayor Swearingen, with the consent of the Council , assigned this to the Water Planning Committee. 89-03-035: REQUEST FROM TARLETON STATE UNIVERSITY TO ACQUIRE A PORTION OF WEST TURNER STREET. Mr. Sy Norris, Vice President of Facilities at Tarleton State University, addressed the Council with the request to acquire a portion of West Turner Street for the purpose of expanding a parking lot. Mr. Norris stated they needed the acquisition by March 27, 1989 in order to let the contract. The Council discussed with Mr. Norris the exchange of some land at Fire Station #2 for this portion of Turner Street. Mr. Norris said he could not make a commitment, but would give a favorable recommen- dation to the Board of Regents. Councilmember Bob Self made the motion that a portion of W. Turner Street (150' x 401 ) be vacated, closed and sold to Tarleton State 180 University for ten cents (10t) per square foot. Seconded by Councilmember Maxine Dameron, the motion carried UNANIMOUSLY. 89-03-036: PRESENTATION FROM CARLTON INTERNATIONAL MANUFACTURING CORPORATION. Maureen Gonska and Tena Bradley, representing Carlton International Manufacturing Corp. , presented a slide presentation regarding their product "Ports-Mole", an underground boring system. No action was taken on this matter. 89-03-037: REQUEST BY MR. TAB THOMPSON REGARDING PARKING RESTRICTIONS ON THE EAST SIDE OF CAIN STREET BETWEEN VANDERBILT AND JONES STREETS. Mayor George Swearingen assigned this to the Traffic Study Committee. B. MATTERS BY COUNCILMEMBERS: 89-03-038: PROPOSED APPOINTEES TO CIVIL SERVICE COMMISSION: Mayor George Swearingen presented the following names for appointment as the Civil Service Commission: Ellen Skipper 1 year term Thurman L. Cashon 2 year term Dwain Mayfield 3 year term Councilmember Jim Bostic made the motion to accept the above names for appointment as the Civil Service Commission for terms as outlined above. Seconded by Councilmember Vicki Truss, the motion carried UNANIMOUSLY. C. COMMITTEE REPORTS: 89-03-039: TRAFFIC STUDY COMMITTEE REPORT: Councilmember Vicki Truss, chairperson, reported that the Committee had voted unanimously to install "No Parking" signs on the south side of the 100 Block of West McNeill Street from Graham Street to Belknap Street. She said the Committee had also discussed some handicapped parking spaces in this area and some other traffic problem areas, but have no recommendations on these problems at this time. 89-03-040: NOMINATIONS COMMITTEE: In the absence of Allen Horne, chairman, Vicki Truss presented the Committee's proposed appointments for the various boards and com- missions as listed below: BUILDING BOARD: Two year term Place 1 David Jaquess reappointment Place 3 Marchelle Lee reappointment Place 5 Till Stone reappointment ELECTRICAL BOARD: Two year term Place 1 Johnny Davis reappointment Place 3 Richard McDonald reappointment Place 5 Jon Bragg reappointment PLUMBING BOARD: Two year term Place 1 Ken Burdick appointment Place 3 J. D. Walker reappointment Place 5 Bobby Mangrum appointment Place 7 Randy Smith reappointment 181 PLANNING & ZONING COMMISSION: Two year term Place 1 Joe Rowland appointment Place 3 Bill Trogdon reappointment Place 5 Barbara Terrell reappointment Place 7 Jerry Singleton reappointment Place 9 Don Beach reappointment Councilmember Joel Hillin made the motion to accept the above listed appointments to the various boards and commissions as recommended by the Nominations Committee. Seconded by Councilmember Helen Martin, the motion carried UNANIMOUSLY. 89-03-041: PLANNING & DEVELOPMENT COMMITTEE REPORT: a. VARIANCE REQUEST BY MESSRS. DON AND STEVE PEACOCK: Helen Martin, chairperson, reported the Committee makes the following recommendations: A variance to the Drainage and Stormwater Control Ordinance be granted for Block 18, South Side Addition, as requested by Steve and Don Peacock. The Committee further recommends if the Developers' Engineer' s plan utilizes metal culverts, these culverts have a minimum diameter of 18 inches. The Committee also recommends a variance be granted NOT requiring the installation of curb and gutter in the development. Councilmember Jim McSwain made the motion to accept the above the above recommendations from the Planning & Development Committee. Seconded by Councilmember Maxine Dameron, the motion carried by the following vote: AYES: Mayor George Swearingen and Councilmembers Helen Martin, Vicki Truss, Maxine Dameron, Jim McSwain, Jim Bostic and Joel Hillin. NOES: Councilmember Bob Self. b. STATUS REPORT REGARDING HOUSING ASSISTANCE PROGRAMS: Helen Martin reported the Committee has met regarding the housing assistance program. Mr. Cecil Ford is getting more information and the staff is checking to see what the administrative cost will be. She will keep the Council advised as more information is available. c. STATUS REPORT REGARDING REVIEW OF DRAINAGE ORDINANCE SPECIAL EXCEPTIONS. Helen Martin reported this Drainage Ordinance will be included in the updated Subdivision Ordinance which is currently being studied by the Planning & Zoning Commission. This should be studied in conjunction with the Subdivision Ordinance. Planning & Zoning is planning a meeting with the builders this month, therefore this Committee will wait until they find out more from Planning & Zoning before making a recommendation. d. STATUS REPORT REGARDING REVIEW OF MECHANICAL CODE. Helen Martin reported that a representative of the Texas Depart- ment of Labor & Standards, licensing section, will meet with the Committee when he is in this area, hopefully, within the next two or three months, to discuss the Mechanical Code which is the code that addresses licensing of air conditioning and refrigeration contractors. 89-03-042: TOURISM COMMITTEE: a. CONSIDER APPLICATION FROM 100 YEAR ANNIVERSARY COMMITTEE REQUEST- ING FIRST QUARTER RECEIPTS OF HOTEL-MOTEL OCCUPANCY TAX. Councilmember Joel Hillin made the motion to accept and approve the request from the 100 Year Anniversary Committee for the first 182 quarter receipts of the Hotel-Motel Occupancy Tax as recommended by the Tourism Committee. Seconded by Councilmember Helen Martin, the motion carried UNANIMOUSLY. b. STATUS REPORT ON APPLICATION FROM ERATH COUNTY HISTORICAL COMMITTEE. In the absence of Chairman Allen Horne, Helen Martin reported the the Erath County Historical Committee has submitted a request for funds from the Hotel-Motel Occupancy Tax to attend a meeting in Dallas. At said meeting they will learn how to publicize and emphasize the historical aspects of Stephenville. They will be working with the Chamber of Commerce also. The request was not quite complete. It needs a resolution to show that the group as a whole supports the application. The consensus of the Committee was to approve the application when the resolution is received. The Committee will make a recommendation when the resolution is received. 89-03-043: WATER PLANNING COMMITTEE: a. STATUS REPORT REGARDING POLICIES FOR INSTALLATION OF PRIVATE WATER SOURCES AND NON-METERED WASTEWATER CHARGES. Joel Hillin, chairman, reported that Mr. Brad Allen had expressed a desire to drill a water well to service the North Rock House, Inc. on Lingleville Road. This item was assigned to the Water Planning Committee. He said he visited with Mr. Allen on February 15, 1989 and indicated certain items Mr. Allen would want to do first before it could be discussed in committee. He listed the following items Mr. Allen should consider first: a. Obtain State Health Department code for well to service the facility in reference. b. Know that in case city water was to be used as an auxillary system, it would be necessary to have an approved plan first. c. If water from a private well was to be used, it be metered for waste water sewer charge. Mr. Allen said he would consider the above items and get back with the Committee. 89-03-044: PERSONNEL COMMITTEE: a. STATUS REPORT REGARDING POLICIES FOR EMPLOYEE OVERTIME. Bob Self, chairman, reported the Committee met and discussed the classification of employees with regard to exempt and non-exempt status. There was a first draft of Department Heads' consideration of who met the criteria for non-exempt. There was some discussion regarding some other positions as to whether they should be in- cluded as non-exempt or not. Also discussed some guidelines for the Department Heads in controlling the overtime. One of the committee members who had some definite input was unable to attend this meeting, therefore there is no recommendation at this time. 89-03-45: PUBLIC HEALTH & SAFETY COMMITTEE: a. STATUS REPORT REGARDING CENTRALIZED DISPATCH. Jim Bostic, chairman, reported that several months ago the Committee discussed the centralized dispatch and the 9-1-1 matter and everybody seemed interested in both. Recently he talked with Sheriff David Coffee and he is still interested and wants to call the Commissioners and Council together to discuss it. Mr. Bostic said that, from what he could learn, the county would benefit more from the central dispatch than the city. In talking with the Stephenville PD there are some reservations about the central dispatch. The Stephenville PD would lose control of the dispatchers It would be inconvenient for the officers to go to the jail to use the teletype. If there is a central dispatch, everyone seems to recommending a third location which will be another expense. In talking with Allen Horne, he found the current system could be used with 9-1-1 with no problem, but it would cost $50,000 183 (machinery) for two locations. He said that, with the consent of the Council , he would set up a meeting with the Commissioners. Or we could leave it as it is and if 9-1-1 does pass there would plenty of time to set up central dispatch at that time. Mayor Swearingen asked Mr. Bostic to set up a meeting with the Commissioners and let everyone know. b. STATUS REPORT REGARDING UNIFORM FIRE CODE. Jim Bostic, chairman, reported that it has been several months since the committee meeting on the Uniform Fire Code. He said in talking with committee members they would like to put this on hold at this time as further study is needed. He said he felt that implementing it at this time would possibly cause more busi- ness failures because the "grandfather" clause is just one year. After one year everyone will have to comply, even existing businesses, unless the code is altered. It will be more expensive on new construction. In light of the business failures and lack of construction now, he feels we should hold off and look at it further. Fire Marshal Gary Nabors advised the Council the new code will not affect the insurance rates. He said he is waiting on some direc- tion from the Council regarding "in house inspections". He did not know whether the Council wanted to wait until implementing a new code or not. Mr. Nabors said sometimes a reduction in occu- pancy load will bring a building into compliance with the code. In the present Building Code, any dwelling unit below the fourth story is required to have two exits. A bedroom window will suf- fice as an exit provided it is of the right size. Mr. Bostic said the Committee will continue working on this item. 89-03-046: SPECIAL COMMITTEE: a. RECOMMENDATIONS REGARDING FUNDING FOR SENIOR CITIZENS. Helen Martin, chairperson, presented the following recommendations: 1. To leave the appropriations to the Committee on Aging and the Senior Citizens Center as they are now for the current budget year. 2. A coordinated request for funds should be submitted to the City Council by the Committee on Aging and the Senior Citizens Center for considertion in the fy 90 budget. Councilmember Maxine Dameron made the motion to accept and approve the above recommendations as presented. Seconded by Councilmember Jim McSwain, the motion carried UNANIMOUSLY. 89-03-047: SPECIAL COMMITTEE: a. STATUS REPORT REGARDING REVIEW OF SUBDIVISION ORDINANCE AND BUILDING CODES WITH ERATH COUNTY BUILDERS ASSOCIATION. Jim Bostic, chairman, reported that the Mayor Pro Tem assigned this committee to review the existing ordinances and he has set in on a couple of their meetings, but in the meantime, we' re studying a new ordinance. They have found a few problems with the new ordinance they think should be addressed. He said they have a meeting scheduled with the P & Z Commission to try to work out the problems. He said he told them if they could not work out the problems with P & Z, to come back and he would set up a committee meeting. He said he felt they would get things worked out with P & Z and the committee would not need to meet, but the committee is available, if needed. 89-03-048: CHARTER REVISION COMMITTEE REPORT: Dr. Donald Zelman, chairman, presented the Majority Report recom- mending the Council ' s adoption of the charter amendments as proposed by the Charter Revision Committee. 184 There was lengthy discussion regarding the section of "hiring an assistant city attorney" and omitting the provisions for a "tax cap" and provisions for "recall " Several members of the Council expressed their appreciation to the Charter Revision Committee for their time and work. At this time, Councilmember Jim Bostic removed his name from the Minority Report and Dr. Zelman read the dissenting Minority Report from Glenda Jackson protesting the "make-up" of the Charter Committee; the power of the City Council to "fix the tax rate of the city"; and the omission of the "tax cap" and "right to recall ". Mrs. Jackson also recommended "the Mayor be given the authority to appoint members to boards, commissions and committees" ; that "the office of City Judge be an elected position" ; "establish a special staff office for purchasing and contracting"; and a "new committee be appointed to conduct a much greater in-depth study of the problems facing the city". There was more discussion regarding the petitions for "tax cap" and "recall " and these items being omitted from the charter amendments. Mr. Bill Gates read a letter (with 21 signatures) protesting the eX C/usio y inelusien of the "tax cap" and the "recall " provisions in the charter amendments. Mr. Gates' letter also requested a "Centralized Purchasing and Contracting office" be established. Councilmember Maxine Dameron made the motion to accept the charter amendments as recommended by the Charter Revision Committee. Seconded by Councilmember Jim McSwain, the motion carried by the following vote: AYES: Councilmembers Bob Self, Helen Martin, Maxine Dameron, Jim McSwain and Joel Hillin. NOES: Mayor George Swearingen, Councilmembers Vicki Truss and Jim Bostic. ABSTAIN: None ABSENT: Councilmember Allen Horne. ITEM III: CONSENT AGENDA: Councilmember Vicki Truss asked that the Resolution amending the City Council Rules & Procedures be removed from the Consent Agenda for further discussion. 89-03-049: Councilmember Bob Self made the motion that the minutes of the City Council meetings on January 3, January 9, January 27, and February 7, 1989 be approved as written. Seconded by Councilmember Helen Martin, the motion carried UNANIMOUSLY by a roll call vote. 89-03-050: Councilmember Bob Self made the motion to approve the final plat of a replat of Lots 5 and 6, Block 17, Golf Country Estates Subdivision, Erath County, Texas, as recommended by the Planning & Zoning Commission. Seconded by Councilmember Helen Martin, the motion carried UNANIMOUSLY by a roll call vote. 89-03-051: Councilmember Bob Self made the motion to vacate 40' x 150' of West Turner Street located east of St. Felix Street. Seconded by Councilmember Helen Martin, the motion carried UNANIMOUSLY by a roll call vote. 89-03-052: Councilmember Bob Self made the motion to set Tuesday, April 4, 1989 at 7:00 p.m. in City Council Chambers at City Hall , 354 N. Belknap St. , as the date, time, and place for a public hearing to consider rezoning, from R-1 to B-1, 4 acres of Wm. Motley Survey, Abst. 515, Erath County, Texas, known as 2535 Northwest Loop. Seconded by Councilmember Helen Martin, the motion carried UNANIMOUSLY by a roll call vote. 185 89-03-053: Councilmember Bob Self made the motion to pass and adopt an ORDINANCE PROHIBITING PARKING AT ANY TIME ON THE SOUTHERLY SIDE OF WEST MCNEILL STREET FROM ITS INTERSECTION WITH GRAHAM STREET TO ITS INTERSECTION WITH BELKNAP STREET. Seconded by Councilmember Helen Martin, the motion carried UNANIMOUSLY by a roll call vote. RESOLUTION REMOVED FROM CONSENT AGENDA: 89-03-054: RESOLUTION AMENDING THE CITY COUNCIL RULES & PROCEDURES. After discussion, Councilmember Bob Self made the motion that the following resolution amending the City Council Rules and Procedures, Section 3.7, "Committee Meetings and Reports" be passed and adopted. BE IT RESOLVED, that standing committees may be appointed annually at the first regular City Council meeting following the city general election in May. The Mayor shall submit suggestions for committee assignments and chair designations to the City Council with the agenda for the first regular City Council meeting following the city general election in May. The assignments shall be approved by a majority vote of the City Council . Special committees may be appointed by the City Council as needs arise and the membership of such committees shall remain intact until the committee's assignment is completed. It is the duty of the committee chairman to call meetings and see that the committee' s assignment is completed. Each committee shall be required to give a status report to the City Council at each monthly meeting. All final committee recommendations shall be filed in written form with the City Secretary and included with the Council 's agenda packet. Seconded by Councilmember Maxine Dameron, the motion carried by the following vote: AYES: Councilmember Bob Self, Helen Martin, Maxine Dameron, Jim McSwain and Joel Hillin. NOES: Mayor George Swearingen, Councilmembers Vicki Truss and Jim Bostic. ABSTAIN: None ABSENT: Councilmember Allen Horne. ITEM IV : PUBLIC HEARINGS - None ITEM V : DEPARTMENTAL REPORTS: 89-03-055: 1. GENERAL ELECTION CALLED FOR MAY 6, 1989. Councilmember Joel Hillin made the motion that a City General Election be called for May 6, 1989 for the purpose of electing four (4) councilmembers (Places 1, 3, 5, and 7) ; that Mrs. Faye Howell be appointed Election Judge and Mrs. Louise Skipper be appointed Alternate Judge (Judge appoints clerks) ; the rate of pay to be $5.00 per hour plus $25.00 to the Judge; and City Secretary Joyce Pemberton be appointed as Absentee Voting Clerk and Betty Chew be appointed a Deputy Absentee Voting Clerk, Seconded by Councilmember Vicki Truss, the motion carried UNANIMOUSLY. 89-03-056: 2. DISCUSSION FROM TASK FORCE COMMANDER CAPT. KEN MALTBY REGARDING STATE FUNDING OF OVERTIME. Capt. Ken Maltby, Commander of the Cross Timbers Task Force, advised the Council that he has received notification from the Governor's Office that the State has cancelled any overtime payments or reimbursements to task forces or sponsoring jurisdic- tions due to a shortage of funds. Capt. Maltby said the overtime 186 would be approximately $5,000 to $6,000 for two officers for six months. Councilmember Jim McSwain made the motion that the City Council approve funding of up to $5,500.00 for payment of overtime for two officers of the Task Force. Seconded by Councilmember Vicki Truss, the motion carried UNANIMOUSLY. 89-03-057: 3. DISCUSSION REGARDING RECOMMENDATION FOR INTERLOCAL AGREEMENT FOR PRISONERS TAKEN TO ERATH COUNTY JAIL BY STEPHENVILLE POLICE DE- PARTMENT. Kurt Ackermann, City Administrator commented that he had talked with Sheriff David Coffee regarding this matter and the Sheriff is in total agreement. Mayor George Swearingen assigned this item to the Public Health and Safety Committee for study. 89-03-058: 4. REQUEST FROM DIRECTOR OF PUBLIC WORKS FOR AUTHORIZATION TO PURCHASE AERATION EQUIPMENT FOR THE WASTEWATER TREATMENT PLANT. Danny Johnson, Director of Public Works, addressed the Council requesting authorization to waive the formal bidding process to purchase aeration equipment for the wastewater treatment plant in order to return the plant effluent to acceptable permit discharge limits as established by E.P.A. and the Texas Water Commission, thereby preventing daily fines for being out of compliance with E.P.A. and Texas Water Commission regulations. Councilmember Helen Martin made the motion to authorize the accep- tance of bid from Newport Industries, Inc. for 15 hp Tornado @ $5,995.00 and related materials without going through the formal bidding process. Seconded by Councilmember Jim McSwain, the motion carried UNANIMOUSLY. 89-03-059: 5. DISCUSSION REGARDING ENGINEERING SERVICES FOR SEWER LINE CONSTRUC- TION ADJACENT TO PROPOSED DEVELOPMENT ON LOT 2, BLOCK 70, AND LOT 2, BLOCK 74, CITY ADDITION. Councilmember Bob Self made the motion to authorize the engi- neering firm of Freese & Nichols, Inc. to do the engineering ser- vices for construction of the off-site sewer line west of Mr. Christopher Weir's (Wild West Sports) proposed project at the north west corner of S. Graham St. and US Highway 377-67. Seconded by Councilmember Jim McSwain, the motion carried UNANIMOUSLY. 89-03-060: 6. DISCUSSION REGARDING SCHEDULE FOR A BUDGETARY PLANNING WORKSHOP. It was the consensus of the Mayor and Council that Kurt Ackermann, City Administrator, set a date in late March or early April for a budgetary planning workshop. There being no other business to come before the Council , Mayor George Swearingen adjourned the meeting at 10:00 p.m. ATTEST: Georg wear ngen, Mayo ce emberton, City Secretary 187