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HomeMy WebLinkAbout1989-05-02 - Regular City Council MINUTES OF REGULAR MEETING City of Stephenville - City Council TUESDAY, MAY 2, 1989 - 7:00 P.M. The City Council of the City of Stephenville, Texas, convened in regular session on May 2, 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 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 George Swearingen called the meeting to order and declared a quorum pre- sent. 89-05-089: REQUEST FROM MR. RON JONES REGARDING GENERAL LIABILITY INSURANCE. Mr. Ron Jones, representing Carter, Metsgar and Jones Insurance Agency, addressed the Council stating their agency specializes in municipal and county insurance coverage. He ask that the City' s insurance (auto, property and liability) be put out for bids. Mayor George Swearingen assigned this item to the Franchise Committee. 89-05-090: REQUEST FROM MR. MIKE LINCOLN ON BEHALF OF NORTON COMPANY REGARDING LANDFILL FEES. Mr. Mike Lincoln, representing Norton Company, addressed the Council stating he would like to request a variance or change to the city ordinance establishing the landfill rates for compacting trucks. They propose the rates for compacting trucks be revised so that they are based on the actual volume of waste rather than the total truck capacity. Mayor George Swearingen assigned this to the Landfill Committee. 89-05-091: RECOMMENDATION FROM MR. JAMES SYNATZSKE, REPRESENTING ERATH COUNTY BUILDERS ASSOCIATION, TO ESTABLISH A "CITY LAND DEVELOPMENT BOARD" Mr. James Synatzske, representing Erath County Builders Association, addressed the Council stating that the Erath County Builders Association have become more active and are working with the P & Z Commission on the proposed new Subdivision Ordinance. The Association would like to offer their services and expertise as a "City Land Development Board". This "Board" would serve in an advi- sory capacity to the P & Z Commission and the City Council on the requirements and needs associated with the proper subdivision of un- developed or unimproved land in the City of Stephenville' s jurisdiction. Mayor George Swearingen assigned this item to the Planning & Development Committee. 200 89-05-092: REQUEST BY CROSS TIMBERS CHURCH OF CHRIST FOR A VARIANCE TO THE CITY SUBDIVISION ORDINANCE REQUIRING CURB AND GUTTER INSTALLATION IN CROSS TIMBERS CHURCH OF CHRIST SUBDIVISION. Mr. James Young addressed the Council stating this property is located on the extension of S. Lillian where the old driving range was. It is 3 acres out of the city limits facing onto a county road. Mr. Young advised they were dedicating 30' of their property so that in time this can be a 60' street/road. He said there is no curb and gutter on either side at this time. He is requesting a variance to to the installation of curb and gutter at this time. He will install curb and gutter at a later date. Mayor George Swearingen assigned this to the Planning & Development Committee. Councilmember Bob Self made the motion that this item not be assigned to Committee. Seconded by Councilmember Helen Martin, the motion carried UNANIMOUSLY. Councilmember Bob Self commented that he did not see any reason action could not be taken at this time. He said to require them to put in curb and gutter on a small part with no development on either side would look out of place at this time. If at some time in the future development occurs the curb and gutter can be installed at that time. Councilmember Allen Horne made the motion to grant the variance of not requiring curb and gutter in the Cross Timbers Church of Christ Subdivision as requested by Mr. James Young. Seconded by Council- member Jim Bostic, the motion carried UNANIMOUSLY. 89-05-093: COMPLAINT FROM SEVERAL RESIDENTS REGARDING RADIO BROADCAST INTERFERENCE ON CABLE TV CHANNEL 19. Mr. Jay Snow, representing 80 persons who signed a complaint regard- ing radio interference on cable TV Channel 19 (MTV) , addressed the Council stating that the problem is the TSU radios used on campus broadcast on a frequency that interfers with the reception on Channel 19 (MTV). The interference is so bad they can't watch Channel 19 at all . They are paying for the service and are not getting what they pay for. They are asking the City for any help possible. Mr. Carroll Lee, local manager of Northland Cable TV, addressed the Council stating that the radios do interfere and have since MTV was moved to Channel 19 in 1985. He said the cable company has installed a new filter and security has gone to another frequency, but that is not a cure-all . Mr. Lee also advised that he has checked several of the hook-ups in the dorm rooms and 75% are illegal and any time you have set with improper hook-ups there will be interference. Mayor George Swearingen assigned this item to the Franchise & Utility Committee. 89-05-094: HEAR REPORT FROM FREESE & NICHOLS REGARDING WASTEWATER TREATMENT PLANT EVALUATION. Mr. Bob Pence representing Freese & Nichols, Inc. , consulting engi- neers, presented their report regarding the wastewater treatment plant evaluation. Councilmember Jim McSwain made the motion that the Council authorize Freese & Nichols, Inc. to proceed with their submission of the design report and permit application. Seconded by Councilmember Allen Horne, the motion carried by the following vote: AYES: Mayor George Swearingen and Councilmembers Bob Self, Helen Martin, Vicki Truss, Allen Horne, Maxine Dameron, Jim McSwain and Joel Hillin. NOES: Councilmember Jim Bostic. 89-05-095: DISCUSSION BY MAYOR GEORGE SWEARINGEN REGARDING SEASONAL EMPLOYMENT POLICIES FOR THE PARKS & RECREATION DEPARTMENT. 201 Mayor George Swearingen stated he had received several inquiries re- garding part-time employment in the Parks & Recreation Department. He said the questions were: a) how are employees selected; and b) what are the prerequisites for employment. He said that due to the number of part-time employees used in the park he felt the Council should consider a program whereby everyone who is interested in working in this program should be afforded the chance to be selected. He said also the Council might consider limiting employment in the Parks & Recreation Department to one or two years which would allow more people the opportunity to work in the Parks & Recreation Department. Councilmember Maxine Dameron asked if it would not cost more money to hire an inexperienced person than to hire someone with 1, 2, or 3 years experience? Mayor George Swearingen asked Ronnie Isham, Director of Parks & Re- creation, for his comments and asked what he had part-time employ- ment at the park for. He said that for mowing and picking up trash he did not see the need for experienced people. For a life guard he could see the need for experience. Ronnie Isham stated that the applicants were hired on the basis of their qualifications, if there are qualifications for that particular job. Also interest in the job. He said they take applications and they do not always interview all applicants. He said there have been very few complaints, and if there have been complaints, it is because someone did not understand the job they were applying for or their parents did not understand the job they were applying for. Mr. Isham said he had a successful Parks & Recreation program because he hired good, qualified people and we make a good judgement 95% of the time. Its not just the summer people but the year around people also that make it work. He said he felt the selection process was fair to everyone and if anyone has a complaint it should be filed through the proper procedures which is to pick up a complaint form at City Hall and file a complaint. If someone thinks his selection process is not fair and they want to complain they can file a complaint form just like anyone can file a complaint against any city employee. Mr. Isham asked Mayor Swearingen if he would want to work for some company that hired by the "lottery" method? Mayor Swearingen said he would like to give every high school student college, or whatever a chance to be considered for that employment. Thats the whole question now. Mr. Isham said they have that opportunity now. Applications are taken and, if in his or Steve' s judgement they don't qualify, they are not hired. Mayor Swearingen said there was one reason and one reason only for this discussion and that was because he had received more than 3 inquiries by telephone to his home and any time he had 3 more in- quiries about any one thing, regardless if its been in force 25 years or not, he will bring it to the Council for discussion. Mr. Isham said that he was sure that if it was something that he felt as strongly about as he does this he will react in the same way. He said he felt it would have been very professional if the Mayor had discussed this with him before bringing it to the Council . It does involve his department and he knew nothing about it prior to this meeting. He had not had any communication at all about this and it could have saved considerable time. He said the people do not get any less consideration than in the Police, Fire or Water Departments. He said their objective was to do a job as cheaply as we can, as quickly as we can and as best as we can. Mayor Swearingen stated that he accepted Mr. Isham's explanation on this and he withdrew his request for any recommendation because he had confidence in what Mr. Isham has said. 89-05-096: CONSIDER APPOINTMENT OF CITY HEALTH OFFICER. 202 Councilmember Helen Martin made the motion that the City Council authorize Dr. Alan R. Hall to be City Health Officer for a one year term. Seconded by Councilmember Vicki Truss, the motion carried UNANIMOUSLY. 89-05-097: REPORT FROM COUNCILMEMBER VICKI TRUSS REGARDING DISABLED PERSONS TAX EXEMPTIONS. Councilmember Vicki Truss said she and Councilmember Bob Self had researched the disabled persons tax exemptions, but she would like input from the Council regarding the amount of exemption. Director of Finance Charlene Young advised that she had talked with the CAD about this and they told her that anyone who is receiving social security disability should go to the CAD and fill out a form. Also bring back a social security form #2458 filled out by the social security for them. That information is the criteria the Chief Appraiser goes by to determine the percent of disability. Also any- one injured in a work-related injury would need a statement from a judge. It is not limited to social security disabilities. There are 36 people who meet this criteria. The disabled veteran is a separate category and when persons reach the age of 65 years they cannot get both exemptions. Councilmember Helen Martin asked how much this will affect the other people who will have to make up the difference? Director of Finance Charlene Young explained that this is would be an additional exemption not an addition to an existing exemption and as such it would redistribute the tax base and not erode it. It also means everyone else will pay a little more. Until the amount is established a total figure is not available. It was the consensus of the Council to delay action at this time until more information is available. 89-05-098: SET DATE AND TIME FOR A SPECIAL CITY COUNCIL MEETING TO CANVASS AND DECLARE THE RESULTS OF THE CITY GENERAL ELECTION ON MAY 6, 1989. Councilmember Joel Hillin made the motion that Tuesday, May 9, 1989 at 5:30 p.m. be set as the date and time for a special City Council meeting for the purpose of canvassing the election returns, declaring the results of said election and the giving of the Oath of Office to those persons elected to the City Council . Seconded by Councilmember Helen Martin, the motion carried UNANIMOUSLY. 89-05-099: REPORT FROM CIVIL SERVICE COMMISSION. Ms. Ellen Skipper, Chairman of the Civil Service Commission, addressed the Council stating that a progress report had been included in council packets. Ms. Skipper also stated that the Council has not provided office space as yet; has not set a salary for the director. She said several alternatives for the hiring of a director were listed in the report. A director is needed imme- diately as there are a lot of things a director could be doing now. Also the Commission recommends the hiring of a consultant on a part- time basis. Costs were estimated at $50/hr with a $4,000.00 limit at this time. The Commission felt an experienced Civil Service Con- sultant could save the City and Commission considerable time and money in this initial start up phase. A letter is attached to the report listing qualification of one such consultant. Ms Skipper said she had heard from one more consultant. (Ray & Associates) out of Austin. Charges $70/hr and will help with preparing Civil Service Rules & Procedures, Departmental Regulations and related job descrip- tions and pay schedules, etc. Ms. Skipper asked for Council approval of $4,000.00 for consulting fees and the Commission would make the choice on who they hire. If the money is not spent, it will be returned and if more money is needed, they will ask for more. Ms. Skipper advised of a Civil Service Workshop in Austin at an esti- mated cost of $900.00 for five persons to attend. Also a manual on Civil Service procedures has been ordered at a cost of $95.00. 203 89-05-100: PERSONNEL COMMITTEE STATUS REPORT. Councilmember Bob Self, reporting for the Personnel Committee, sub- mitted the following recommendations for Council consideration: 1. Civil Service Commission: a. Director: The Committee feels it would be very expensive to bring someone in with experience in Civil Service and Personnel as it is mandated to have the program in place by October 1, 1989. In that the present Personnel Coordinator has resigned, the Committee feels it would be asking for trouble to expect a new person on city staff who is not familiar with city policies and hiring procedures to assume the new responsibilities of Civil Service Director also. The City is looking to upgrade the Personnel Coordinator to Personnel Director. The Committee feels that maybe an existing function in the City that could pick up the Civil Service Director' s position with some part- time help or whatever to relieve some of the workload there. The Committee would like to talk more with the Civil Service Commission about several different existing positions to reach some decision as to who might qualify to step in and do that job. b. Office Space: Use office of Personnel Director with equipment and supplies in place when someone is hired for this posiiton or if another existing position is given this responsibility. This would eliminate the need to lease office space for the present, but a locking 4-drawer file cabinet is needed. c. Salary- To be based on qualifications, but in the range of 6.00 to $8.00 per hour as recommended by the Commission. d. Consultant (part-time) : Recommend establishing a $4,000.00 limit on the cost of a consultant as requested by the Commission. e. Civil Service Workshop: Recommend approval of expenditure on the basis of number of people needing to attend. f. Civil Service Procedure Manual : Recommend approval of purchase of manual on Civil Service Procedures for $95.00. g. Funding for all the above and other expenses associated with Civil Service: Recommend all be charged to Police Department Budget. Councilmember Bob Self made the motion, seconded by Councilmember Allen Horne, that all above listed expenditures be charged to the Police Department budget. The motion carried UNANIMOUSLY. 2. Overtime Monitoring: a. The City Administrator has been monitoring the overtime being paid to individuals in the Police Department since the change in policy, and there does not appear to be any abuse. The amount has been relatively small , so at this time the Committee recommends that he continue to monitor it in this way. b. For the budget workshops, the Council might discuss setting a limit or benchmark, based on the experience since the policy change. 3. Exemption Designation: a. The following positons have been determined to qualify for the designation as Exempt Employees under the guidelines of the Fair Labor Standards Act. The Committee recommends the Council adopt the following list: DEPARTMENT HEADS: Danny Johnson -Public Works Director Charlene Young-Director of Finance 204 Ronnie Isham-Parks & Recreation Director Jimmy Mooney-Fire Chief Douglas Conner-Police Chief Marilynn Alford-Librarian Joyce Pemberton-City Secretary FIRE DEPARTMENT: Jimmy Chew-Assistant Fire Chief Gary Nabors-Fire Marshal Ray Stone-Fire Captain Dennis Wallace-Fire Captain POLICE DEPARTMENT: Ken Maltby-Police Captain Travis Calder-Patrol Lieutenant Mike Hall-Administrative Lieutenant PUBLIC WORKS: Tony Gonzales-Street Superintendent J. D. Chapman-Water & Wastewater Superintendent LIBRARY: Ruth Whalley-Assistant Librarian PARKS & RECREATION: Steve Madison-Recreation Superintendent Councilmember Bob Self made the motion, seconded by Councilmember Allen Horne, that the above listed employees be designated as Exempt Employees under the guidelines of the Fair Labor Standards Act. The motion carried UNANIMOUSLY. b. The Committee also suggests that close attention be given to the Police Investigative Division staffing in order to determine the proper staffing needs and designations. It was the consensus of the Council this was a function of the Chief of Police. 3. Employee Manual Proposal : An Employee Personnel Committee has been working for the last two years on up-dating the Employee Manual . The product of their labor is now being reviewed by the Department Heads and City Administrator, and will be presented to the Personnel Committee in the future. 89-05-101: PLANNING & DEVELOPMENT COMMITTEE STATUS REPORT. Councilmember Helen Martin reported on the following items pending in her committee: a. Breeding Property on Harbin Dr. Extension: The property is still bankruptcy and the City still does not know how much property will be needed for the extension of Harbin Drive. Action cannot be taken until these questions are answered. b. Mechanical Code: The Committee has been trying to get someone from Austin up here to talk to the Committee. Now the Committee has been asked to set a date which they will do in the near future. c Housing Assistance: At the request of Mr. Cecil Ford the Committee has been studying the need for housing assistance. The Committee feels this is a good and viable program for the City. Action was delayed for further study of the Committee's recommen- dation. 89-05-102: PUBLIC HEALTH & SAFETY COMMITTEE STATUS REPORT. Councilmember Jim Bostic reported on the following items pending in his committee: a. Agreement between Stephenville Police Dept. and Erath County Jail : The City Attorneys are working on the agreement. 205 b. Ordinance for the Abatement of Dangerous Buildings: The Committee has reviewed this ordinance; suggested changes have been made and copies have been given to the Committee. The Committee has not reviewed the changes yet. Will try to have ordinance to the Council in the June packet. 89-05-103: TRAFFIC STUDY COMMITTEE REPORT. Councilmember Vicki Truss submitted the following recommendations from the Traffic Study Committee: a. It was the consensus of the Committee to conduct a survey of the residents from Cain to Shirley St. regarding a "no parking" zone on the east side of Cain St. between Vanderbilt and Jones St. request from Mr. Tab Thompson. The Committee waiting for the results of the survey. b. Request from Gary Ward that a stop sign be placed at the corner of Phelps and Lydia Streets. It was the unanimous vote of the Committee to place a 4-way stop sign at the intersection of Phelps and Lydia Streets. Councilmember Joel Hillin made the motion to approve the recommen- dation from the Traffic Study Committee that a 4-way stop sign be installed at the intersection of Phelps and Lydia Streets. Seconded by Councilmember Jim Bostic, the motion carried UNANIMOUSLY. 89-05-104: SPECIAL COMMITTEE ON BUILDER'S ISSUES STATUS REPORT. Councilmember Jim Bostic reported the Committee has not met as the builders have been working with the P & Z Commission. He said he would like to keep this committee standing as he is ready to meet anytime the builders can. 89-05-105: SOLID WASTE STUDY COMMITTEE STATUS REPORT. Councilmember Bob Self submitted the following report regarding the operation of the landfill : IMMEDIATE NEEDS: 1. Approved cell space to dispose of solid waster (should be digging new cell right now) 2. Manpower and equipment to do the job (need a scraper full time and another full time operator to keep up) 3. Funding for manpower and equipment 4. Finish liner on west side of current cell by end of April (we need Street Dept. people back in town for street maintenance) 5. Commitment to Texas Dept. of Health on liner plan. BUDGET STATUS: 1. Expenditures thus far strictly out of landfill budget 2. Transfers intra-budget from insurance, part-time wages, personal services, etc. into fuel , rentals, etc. 3. Budget now exhausted 4. Landfill reserve still in tact...$130,000. 5. Regarding use of budgeted funds by Department Head to lease needed equipment, in accordance with the Charter, Ordinances, and sound management practices, the Department Head is authorized to expend funds within his budget as necessary to to accomplish the work. The City Administrator oversees the operations of the Departments, and is aware of the necessary intra-budget changes. Only when it becomes necessary to draw from the Cash Reserve Fund does the Council get involved. RECOMMENDATIONS FOR SATISFYING IMMEDIATE NEEDS: 1. Authorize new cell ..estimate $50,000 + liner $20,000 = $70,000 2. Hire new full-time operator $6,500.00 (also discuss curtailing hours of operation) 206 3. Lease equipment necessary on lease/purchase plan. ..scraper/lease $6750/mo. x 5 months = $33,750.00. . .compactor/lease $2205/mo x 2+ months = $5,000 max. 4. Provide a commitment to the Texas Department of Health that the City of Stephenville intends to install a liner around the unlined portion of the landfill as soon as possible.. .cost undetermined. Of the $130,000 Cash Reserve, this will use potentially $115,250, leaving balance of $14,750, which will be used toward the cost of the slurry ditch. Councilmember Bob Self made the motion, seconded by Councilmember Allen Horne, to authorize landfill expenditures of $6,500.00 for a full-time operator (for this budget year) ; $33,750.00 for lease on scrapper; and $5,000.00 for lease on compactor out of Reserve Funds. The motion carried UNANIMOUSLY. Councilmember Bob Self made the motion, seconded by Councilmember Joel Hillin, to make a commitment (in whatever form needed) to the Texas Department of Health that the City of Stephenville intends to provide a satisfactory wall around the perimeter of the unlined por- tion of the landfill as soon as possible. The motion carried UNANIMOUSLY. Councilmember Jim McSwain made the motion, seconded by Councilmember Helen Martin, to establish 3:00 p.m. as the closing time for the landfill , effective June 1, 1989. The motion carried UNANIMOUSLY. Councilmember Jim McSwain made the motion, seconded by Councilmember Helen Martin, that unshredded tires will not be accepted at the land- fill after June 1, 1989. The motion carried by the following vote: AYES: Mayor George Swearingen and Councilmembers Bob Self, Helen Martin, Allen Horne, Maxine Dameron, Jim McSwain, Jim Bostic, and Joel Hillin. NOES: Councilmember Vicki Truss Councilmember Bob Self reported the Committee is still working on the long-range plans for the landfill . CONSENT AGENDA 89-05-106: Councilmember Helen Martin made the motion, seconded by Councilmember Maxine Dameron to approve the minutes of the City Council meeting held on April 4, 1989, as written. The motion carried UNANIMOUSLY by a roll call vote. 89-05-107: Councilmember Helen Martin made the motion, seconded by Councilmember Maxine Dameron, to approve the Final Plat of Cross Timbers Church of Christ Subdivision, being 3.00 acres of the H. C. Hudson Survey, Abst. 342, Erath County, Texas, as recommended by the Planning & Zoning Commission. The motion carried UNANIMOUSLY by a roll call vote. 89-15-108: Councilmember Helen Martin made the motion, seconded by Councilmember Maxine Dameron, to award the bid to low bidder Paul Carroll Supply Company of Abilene, Texas, in the amount of $11,940.23 for liquid chlorine gas to be used by the Water & Wastewater Departments. The motion carried UNANIMOUSLY by a roll call vote. 89-05-109: Councilmember Helen Martin made the motion, seconded by Councilmember Maxine Dameron, to pass and approve AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF STEPHENVILLE BY CREATING A CLASSIFICATION FOR RETIREMENT HOUSING COMPLEX AND PROVIDING THE USE AND REGULATIONS THEREFOR IN THE CITY OF STEPHENVILLE. The motion carried UNANIMOUSLY by a roll call vote. 89-05-110: REPORT FROM DIRECTOR OF PUBLIC WORKS DANNY JOHNSON REGARDING T-K-O EQUIPMENT COMPANY LEASE AGREEMENT. Director of Public Works Danny Johnson presented the T-K-O Lease Agreement for Council approval and for signature by the Mayor as 207 there had been some questions in the past regarding approval of lease agreements. This lease agreement is for lease of a soil compactor to comply with Texas Health Department requirements. Councilmember Bob Self commented this has already been taken care of in the Solid Waste Study Report (89-05-105). 89-05-111: REQUEST FROM DIRECTOR OF PUBLIC WORKS DANNY JOHNSON FOR AN AMENDMENT TO THE LANDFILL BUDGET. Councilmember Bob Self made the motion, seconded by Councilmember Allen Horne, to authorize the amendment to the landfill budget by transferring $9,982.00 from the Cash Reserve Fund to the Landfill Fund. The motion carried UNANIMOUSLY. 89-05-112: CONSIDER LETTER OF RESIGNATION FROM CITY ADMINISTRATOR. Kurt Ackermann, City Administrator, read his letter of resignation effective June 30, 1989. Councilmember Helen Martin made the motion, seconded by Councilmember Jim McSwain, to accept with regret Mr. Ackermann's resignation and to thank him for the many years and many hours of dedicated service to the City of Stephenville and wish him every success in the future. The motion carried UNANIMOUSLY. EXECUTIVE SESSION: Mayor George Swearingen called the Council into executive session as provided in the Open Meetings Act, VTCS, Article 6252-17, Section 2(e) , for the purpose of discussing pending litigation. City Attorneys Joseph Chandler and Randy Thomas reported on the pending litigation regarding the court hearing on the charter peti- tions. Mayor George Swearingen reconvened the Council in open session and no action was taken on matters discussed in executive session. There being no other business to come before the Council , Mayor Swearingen adjourned the meeting at 10:52 p.m. ATTEST: Geor Swea ingen, Ma Joyce Pemberton, City Secretary 208