HomeMy WebLinkAbout1989-06-06 - Regular City Council MINUTES OF REGULAR MEETING
City of Stephenville - City Council
TUESDAY, JUNE 6, 1989 - 7:00 P.M.
The City Council of the City of Stephenville, Texas, convened in regular session
on June 06, 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: Bob Self
Helen Martin
Vicki L. Truss 12`
James L. McSwain
Jim Bostic
Joel M. Hillin
Absent: Councilmember 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.
89-06-125: REQUEST BY MR. DAN MALONE TO ACQUIRE A 50' x 40' PORTION OF WEST
TURNER STREET RIGHT-OF-WAY.
Councilmember Helen Martin made the motion, seconded by Councilmember
Vicki Truss, that the value of a 50' x 40' portion of West Turner
Street right-of-way be set at ten cents (10t) per square foot and
that the City sell this propeprty to Mr. Dan Malone. The motion
carried UNANIMOUSLY.
89-06-126: REQUEST BY MR. WAYNE BEUS TO RENEW WASTEWATER DISCHARGE PURCHASE
AGREEMENT.
Attorney Gale Warren, representing Mr. Wayne Beus, asked the Council
to renew the wastewater discharge purchase agreement with Mr. Beus.
Mayor Swearingen assigned this to the Water Planning Committee at the
request of Councilmember Bob Self.
89-06-127: REQUEST BY MR. TAB THOMPSON REGARDING AN EXCEPTION TO THE STORMWATER
CONTROL ORDINANCE.
Mr. Tab Thompson addressed the Council requesting a special exception
to the Stormwater Control Ordinance on his property located at 2145
W. Washington Street (Kwik Lube) . Mr. Thompson said the original
drainage study by Mr. James Young called for a water retention pond.
The plan was done on all of the property, but only one-half of the
property was developed at this time. Also some changes were made by
the contractor and the retention pond was not installed. Mr.
Thompson said the drainage is minimal even after the alterations and
it does drain toward the street.
Councilmember Bob Self made the motion, seconded by Councilmember Jim
McSwain, to approve the special exception to the Stormwater Control
Ordinance provided Mr. Thompson does install a temporary concrete
curb on the west side of his property. The motion carried UNANIMOUSLY.
215
89-06-128: DISCUSSION BY MAYOR PRO TEM BOB SELF REGARDING REVISED SPEED LIMITS
ON CHAMBERLIN STREET FROM FREY STREET TO LINGLEVILLE ROAD.
Councilmember Bob Self reported a citizen had expressed concern re-
garding the volume of traffic as well as the speed of the traffic on
Chamberlin Street from Frey Street to the Lingleville Road and he
recommended this be assigned to the Traffic Study Committee.
Mayor Swearingen assigned this to the Traffic Study Committee.
89-06-129: DISCUSSION FROM HELEN MARTIN REGARDING REPAIRS TO RAILROAD CROSSING
ON FREY STREET.
Councilmember Helen Martin stated the railroad crossing on Frey
Street is so rough and could possibly do damage to automobiles. It
is the only crossing on a main thoroughfare that is not a "rubberized"
crossing. The City is not permitted to do any repairs, but she would
like the City to request improvements to this crossing.
It was the consensus of the Council that City Administrator Kurt
Ackermann write a letter to Santa Fe Railway Company requesting
improvements to the railroad crossing on Frey Street.
89-06-130: APPOINTMENT OF CITY COUNCIL STANDING COMMITTEES FOR THE YEAR.
After discussion, Councilmember Ray Reynolds made the motion,
seconded by Councilmember Helen Martin, to approve the committee
assignments as listed below:
ARTS & LEISURE COMMITTEE: DAMAGE CLAIMS COMMITTEE:
*Jim McSwain *Allen Horne
Helen Martin Jim McSwain
Allen Horne Bob Self
FRANCHISE UTILITIES COMMITTEE: NOMINATIONS COMMITTEE:
*Joel Hillin *Jim Bostic
Helen Martin Vicki Truss
Allen Horne Joel Hillin
PERSONNEL COMMITTEE: PLANNING & DEVELOPMENT COMMITTEE:
*Bob Self *Helen Martin
Ray Reynolds Vicki Truss
Jim Bostic Ray Reynolds
PUBLIC HEALTH & SAFETY COMMITTEE: TRAFFIC STUDY COMMITTEE:
*Ray Reynolds *Vicki Truss
George Swearingen George Swearingen
Jim Bostic Joel Hillin
WATER PLANNING COMMITTEE:
*George Swearingen
Bob Self
Jim McSwain
The motion carried UNANIMOUSLY.
89-06-131: DISCUSSION OF FINANCING AND RELATED MATTERS REGARDING IMPROVEMENTS
TO THE WASTEWATER TREATMENT PLANT.
Mr. Jerry Robinson, NCNB Texas presented a report regarding the
financing of the construction of a new wastewater treatment facility
required of the City of Stephenville by the Texas Water Commission.
Mr. Bob Pence, Freese & Nichols, Inc. , presented a report regarding
the options relating to the expansion of the City of Stephenville's
Wastewater Treatment Plant Evaluation and the application for a State
Revolving Fund Loan.
216
Mayor George Swearingen commented that he just could not go along
with one opinion on a project this size. He asked who set the dates
for expansion of the wastewater treatment facility and, if the City
does go with the dates outlined in the report, does the City have to
go with Freese & Nichols or can we get another engineering firm?
Mr. Pence replied that if you want another opinion you better hurry,
but if you want another engineer these dates can be used.
After more discussion, Councilmember Jim McSwain made the motion,
seconded by Councilmember Vicki Truss, that the City Council authorize
Freese & Nichols, Inc. to proceed with the application for SRF
funding and the studies associated with it. The motion carried by
the following roll call vote:
AYES: Councilmembers Bob Self, Helen Martin, Vicki Truss, Ray
Reynolds, Jim McSwain, Jim Bostic and Joel Hillin.
NOES: Mayor George Swearingen.
89-06-132: DISCUSSION REGARDING DRAINAGE PROBLEM AT 852 N. CAIN STREET.
Mayor George Swearingen advised that he had received a complaint from
Mrs. M. Baty, 852 N. Cain, regarding drainage problems at her home.
Mr. Charles Wartes, 878 N. Cain, addressed the Council stating he
had problems with sewage backing up in his house and tub. Also
there is a definite water problem. Mr. Wartes said the problem had
increased when Tarleton State University started work on their ath-
letic complex
Mayor Swearingen assigned this to the Public Health & Safety Committee.
89-06-133:SET DATE AND TIME FOR JULY REGULAR CITY COUNCIL MEETING.
It was the consensus of the City Council to set Tuesday, July 11, 1989
at 7:00 p.m. in City Council Chambers as the date, time and place of
the regular City Council meeting in July as the first Tuesday of the
month falls on the 4th of July holiday.
89-06-134: CIVIL SERVICE COMMISSION REPORT.
Ms. Ellen Skipper, chairperson of the Civil Service Commission,
reported the Civil Service Commission has hired Mrs. Joyce Goodman as
the Commission's director.
Ms. Skipper also presented a budget of $12,483.00 (total ) for the
Civil Service Commission for June 1989 thru September 30, 1989.
89-06-135: FRANCHISE COMMITTEE REPORT.
The Committee has not met to discuss request from Mr. Ron Jones re-
garding the City' s liability insurance.
89-06-136: PERSONNEL COMMITTEE REPORT.
Chairman Bob Self reported the Committee had discussed the use of
the Personnel Coordinator/Civil Service Director' s office and equip-
ment and recommend to the Council that it looks like Ms. Skipper' s
budget is in line, etc. He said the only item outstanding in the
Personnel Committee is the TMRS Update.
89-06-137: LANDFILL COMMITTEE REPORT AND RECOMMENDATIONS.
Councilmember Bob Self made the motion, seconded by Councilmember
Joel Hillin, that until such time as there is a local unit available
to slit or shred tires, the landfill charge will be $1.50 per tire,
effective June 7, 1989. Said tires will be stockpiled at the land-
fill for a period of approximately 60 days. As soon as there is a
business available to slit or shred tires, the landfill shall ban
whole tires entirely. The motion carried by the following vote:
AYES: Councilmembers Bob Self, Helen Martin, Vicki Truss, Jim McSwain,
Jim Bostic, Joel Hillin and Mayor George Swearingen.
217
NOES: Councilmember Vicki Truss.
Councilmember Helen Martin made the motion, seconded by Councilmember
Jim Bostic, that a surcharge of $2.00 for residential customers and
$3.00 to commercial customers shall be added to the garbage rates.
Said surchages will go to the City to offset landfill expenses. The
motion carried UNANIMOUSLY.
Councilmember Bob Self made the motion, seconded by Councilmember
Joel Hillin, to adopt the landfill gate fees as listed below:
Minimum Charge (automobiles)----------------------------------$ 4.00
Station Wagons, van, suburbans, and pickups (up to bed level )-$ 5.00
Pickups (less than cab high load)-----------------------------$10.00
Pickups (over cab high load)----------------------------------$15.00
Tires (each)--------------------------------------------------$ 1.50
ALL OTHER VEHICLES
Loose (uncompacted trash)------------------------$2.50/per cubic yd.
Packer Trucks/Unit-------------------------------$3.50/per cubic yd.
The motion carried UNANIMOUSLY.
89-06-138: TOURISM COMMITTEE REPORT.
Councilmember Helen Martin reported that the Erath County Historical
Committee did not have anyone attend the conference in Dallas, there-
fore the recommendation to reimburse them $460.00 for travel and
registration fees was null and void.
89-06-139: PLANNING & DEVELOPMENT COMMITTEE REPORT.
1. Housing Authority - Chairperson Helen Martin reported that, in
checking further regarding the Housing Authority Resolution
discussed in the last meeting, the names of the five member
Housing Authority Board would have to be on the resolution prior
to presenting it to the Council for adoption. She asked that it
be assigned to the Nominations Committee.
Mayor Swearingen assigned this item to the Nominations Committee.
2. Drainage Ordinance-Special Exceptions - Chairperson Helen Martin
reported the Planning & Zoning Commission is in the process of
reviewing the new Subdivision Ordinance and Drainage Ordinance at
this time. When they get further along the P & D Committee will
meet with the Planning & Zoning Commission and report to the
Council later.
3. Mechanical Code - Chairperson Helen Martin reported the Committee
met with the State representatives for discussion. They said the
enforcement of such a code was for the protection of the consumers.
Mrs. Martin said the City could adopt the current Mechanical Code
as the State now has it and if the State should change it we do
not have to change the City' s. Would need an inspector and he/she
could take the same exam as the contractors. The revised code
was passed out in May and the Committee felt the Council would
need time for review before the Committee made a recommendation.
Also the Committee would like to get input from the local air-
conditioning contractors.
4. Land Development Board - Chairperson Helen Martin reported she and
Councilmember Vicki Truss had met with Barbara Terrell from Plan-
ing & Zoning and Kenneth Currier one day. Also met with Bill Nix
who had been on a Land Development Board several years ago in Ft.
Worth. It appears the Land Development Board could be a "sounding
board" for developers to air and discuss and suggest resolutions to
problems which they might have when they confront ordinances
relating to their new developments. The Board could include city
staff, developers and local citizens and meet as needed. It would
have no authority to change the ordinances and would be advisory
only and would report to Planning & Zoning. It would not deal
with zoning, but with Subdivision Ordinance, the Drainage
218
Ordinance, utility extension, etc. This is just a status report
as the whole committee has not met on this.
89-06-140: PUBLIC HEALTH & SAFETY COMMITTEE REPORT.
1. Dangerous Buildings Abatement Code (2nd Revision) - Chairman Jim
Bostic reported he was withdrawing the recommendation for approval
as there had been a misunderstanding on the final revision and
one more meeting was needed.
2. Erath County Jail-Interlocal Agreement - Chairman Jim Bostic
reported Assistant City Attorney Randy Thomas has just finished
the agreement and the Committee will meet for review.
89-06-141: TRAFFIC STUDY COMMITTEE REPORT.
1. Request for "no parking" zones on N. Cain - Chairperson Vicki
Truss reported that the survey was complete, but the Committee had
not met for review of the survey, therefore does not have a
recommendation at this time.
CONSENT AGENDA
Councilmember Helen Martin asked that Item III C(2) be removed from
the Consent Agenda for discussion.
89-06-142: Councilmember Ray Reynolds made the motion, seconded by Councilmember
Helen Martin, to approve the minutes of City Council meetings held on
April filth, May 2nd and May 9th, 1989, as written. The motion carried
UNANIMOUSLY by a roll call vote.
89-06-143: Councilmember Ray Reynolds made the motion, seconded by Councilmember
Helen Martin, to set Tuesday, July 11, 1989 at 7:00 p.m. in City
Council Chambers at City Hall , 354 N. Belknap, as the date, time and
place for a public hearing to consider request to rezone, from B-2 to
R-3, Lot 5C, Block 66, City Addition, known as 199 N. Belknap Street.
The motion carried UNANIMOUSLY by a roll call vote.
89-06-144: Councilmember Ray Reynolds made the motion, seconded by Councilmember
Helen Martin, to award the bid #2454 to InsituForm Gulf South,
Pasadena, TX. , in the amount of $16,810.00 for the closed circuit
T.V. inspection of South Outfall Sewer Line. The motion carried
UNANIMOUSLY by a roll call vote.
89-06-145: ITEM III C(2) : BUILDING ADDITION TO POLICE STATION - BID #2458.
Councilmember Bob Self questioned the fact that the budgeted amount
was a little less than the amount of the bid and it is indicated this
amount will be made up out of salaries which is not the basic problem.
The basic problem is that a total of 12 bids were given out and only
one response. It seems the problem is that bids required the
contractor to provide engineered plans in the bid. Mr. Self said
that for future reference he would like to know what the procedure
needs to be in order to get competitive bids.
Mr. Carroll Gentzel , Public Works Inspector, advised the Council that
the discussion prior to going out for bids had been to ask for figures
that included engineering. It did not necessarily include the com-
plete package of engineering drawings in bidding process. In the
construction process that would have been part of the total package.
The bidding process would include the cost of engineering and con-
struction costs. The route taken, of course, did not include the
entire details just for the bidding process. It is not an uncommon
practice to ask for bids in this manner. This merely refers the
responsibility of engineering from the City to the contractor.
Mr. Kenneth Currier, a local contractor, commented that he did not
have not have enough to go on to submit a bid.
After more discussion, Councilmember Helen Martin made the motion,
seconded by Councilmember Vicki Truss, to reject the bid of $15,500
from Rick Hale Construction Co, get the engineering work done and
submit for bids again.
219
After more discussion, Councilmembers Helen Martin and Vicki Truss
the above motion and second.
Councilmember Jim Bostic made the motion, seconded by Councilmember
Bob Self, to accept the bid of $15,500 from Rick Hale Construction
Co. After more discussion, the motion did not carry by the following
vote:
AYES: Councilmember Jim Bostic.
NOES: Councilmembers Bob Self, Helen Martin, Vicki Truss, Ray
Reynolds, Jim McSwain, Joel Hillin and Mayor George Swearingen.
Councilmember Ray Reynolds made the motion, seconded by Councilmember
Helen Martin, to reject the bid of $15,500 from Rick Hale Construction
Co. based on the fact its over the budgeted amount. The motion
carried by the following vote:
AYES: Councilmembers Bob Self, Helen Martin, Vicki Truss, Ray Reynolds,
Jim McSwain, Joel Hillin and Mayor George Swearingen.
NOES: Councilmember Jim Bostic.
Councilmember Vicki Truss made the motion, seconded by Councilmember
Ray Reynolds, that the City Council authorize the engineering work to
be done with funds from the $14,675 budgeted for building addition
then put out for bids again. The motion carried UNANIMOUSLY.
89-06-146: REPORT REGARDING RESOLUTION FOR CROSS TIMBERS NARCOTIC TASK FORCE
GRANT.
Lt. Ken Maltby addressed the Council stating that if the City of
Stephenville is to continue with the Cross Timbers Narcotic Task
Force a resolution from the Council is needed. He said $1,000.00
from each enitity in the force will be needed by September 1, 1989.
After discussion, Councilmember Bob Self made the motion, seconded by
Councilmember Vicki Truss, to adopt the resolution as presented.
The motion carried UNANIMOUSLY.
RESOLUTION
WHEREAS, large quantities of marijunan are grown in rural areas;
WHEREAS, illicit drug laboratories are prolific in the rural areas of
Texas;
WHEREAS, a need exists to concentrate a unified effort to investigate
and apprehend illicit manufacturers and growers of dangerous
drugs at the source;
WHEREAS, the manufacture of and growth of dangeous drugs is a menace
to society and has been designated as a priority to be
addressed by this Nation;
NOW THEREFORE BE IT RESOLVED THAT the City of Stephenville, Texas,
supports a grant applcation submitted by Erath County, Texas, to
create a Drug Interdiction Task Force comprised of Erath, Parker,
Palo Pinto, and Comanche Counties, Texas.
PASSED AND ADOPTED this the 6th day of June, 1989.
89-06-147: LANDFILL BUDGET AMENDMENT.
Councilmember Joel Hillin made the motion, seconded by Councilmember
Bob Self, to approve the transfer of $79,341.00 from the Cash Reserve
Account to the Landfill Budget as requested. The motion carried
UNANIMOUSLY.
EXECUTIVE SESSION:
Mayor George Swearingen recessed the open meeting and called the
City Council into executive session as provided in the Open Meetings
Act, V.T.C.S. , Article 6252-17, Section 2(g) , regarding matters of
personnel - The appointment of an Acting City Administrator.
Mayor Swearingen reconvened the Council into open session.
220
89-06-148: Councilmember Ray Reynolds made the motion that IT BE RESOLVED THAT
in accordance with Section 2.32 of the Code of Ordinances of the
City of Stephenville, because of the resignation of the present
City Administrator, Charlene Young is hereby designated as substitute
to perform the duties of the office of City Administrator until the
office of City Administrator is filled by the City Council . Seconded
by Councilmember Joel Hillin, the motion carried UNANIMOUSLY.
Councilmember Jim McSwain made the motion, seconded by Councilmember
Vicki Truss, that Charlene Young's compensation be adjusted so that
it coincides with the base pay of the present City Administrator.
The motion carried UNANIMOUSLY.
There being no other business to come before the Council , Mayor Swearingen
adjourned the meeting at 10:40 p.m.
ATTEST: Geor wearingen, Mayor
ce emberton, City Secretary
221