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HomeMy WebLinkAbout1989-07-11 - Regular City Council MINUTES OF REGULAR MEETING City of Stephenville - City Council TUESDAY, JULY 11, 1989 - 7:00 P.M. The City Council of the City of Stephenville, Texas, convened in regular session on July 11, 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 �tre- Ray Reynolds James L. McSwain Jim Bostic Absent: Councilmembers Allen Horne and Joel Hillin Others Attending: Charlene Young Substitute City Administrator Joyce Pemberton City Secretary Joseph Chandler City Attorney Randy Thomas Assistant City Attorney Mayor George Swearingen called the meeting to order and declared a quorum pre- sent. 89-07-149: REQUEST BY MR. RAYMOND STEWART TO PUT THE HARBIN DRIVE PROPERTY UP FOR BIDS. It was the consensus of the Mayor and City Council to table this item until such time as Mr. Stewart was present. 89-07-150: CONSIDE PROPOSAL FROM MR. SAM CRESWELL REGARDING CITY'S USE OF THE BUILDING LOCATED AT 133 W. WASHINGTON (The former Bealls ' Bros. Store) Mr. Phil Nichols, an attorney representing Mr. Sam Creswell , owner of the building located at 133 W. Washington St. (formerly Beall ' s Dept. Store) , presenting the following proposal : 1. Rental being 5% of the tax appraised value for the first year of the lease and rentals increasing by 1% of the tax appraised value each year thereafter until the sixth year, after which a 10% of tax appraised value would be maximum rentals for the sixth year and all years thereafter. 2. Term of the lease would be ten (10) years with annual options to extend the lease for each year after the tenth year. 3. Termination could be had by written notice during certain specific periods prior to the end of the tenth or any successive year through which extension of the lease is made. 4. Premises would be lease as is. The city would be responsible for repairs, maintenance and insurance. 5. Lessee would only pay those taxes in excess of $1.50 per $100.00 of tax evaluation. 6. If the city were to open the basement, clear it out and made it usable, the Lessee would have find some objective goal in order to define usable. If the city did make the basement usable, the city would be allowed 5 years of free rentals. 226 7. The city would be required to get the lessor' s consent before the city could make material alterations to the real property. 8. The city could sub-lease the property with the proviso that a non- profit organization or other governmental organization would not create a greater rental to the lessor, but an organization that was profit motivated would generate the city paying not only the the normal rentals but 20% of any amounts paid to the city for sub-lease. After some discussion, Mayor George Swearingen, with the consent of the Council assigned this to the Planning & Development Committee for further study. 89-07-151: CONSIDER REQUEST FROM CROSS TIMBERS CHURCH OF CHRIST TO PURCHASE WATER FROM THE CITY. Councilmember Ray Reynolds presented a request from the Cross Timbers Church of Christ for the City Council to consider allowing the church to purchase city water for their new church building located adjacent to the city limits on S. Lillian St. Mayor George Swearingen, with the consent of the Council , assigned this to the Water Planning Committee for further study. 89-07-152: HEAR REQUEST FROM MR. FRED CROSS, EMERGENCY MANAGEMENT COORDINATOR, REGARDING PROVISIONS FOR AN EMERGENCY OPERATIONS CENTER IN THE LIBRARY BASEMENT. Mr. Fred Cross, Emergency Management Coordinator, presented a propo- sal for a City of Stephenville and Erath County Emergency Operations Center. Mayor George Swearingen, with the consent of the Council , assigned this to the Public Health & Safety Committee for further study. 89-07-153: CONSIDER REQUEST FROM MR. JOHN DARBY, PRESIDENT OF ERATH COUNTY HUMANE SOCIETY, TO RENEW FIVE YEAR AGREEMENT BETWEEN THE CITY AND ERATH COUNTY HUMANE SOCIETY AND INCREASING THE AMOUNT OF LAND AVAIL- ABLE TO ECHS. Mr. John Darby, President of the Erath County Humane Society, addressed the Council stating that the agreement between the City and ECHS will be up for renewal in 1990. The ECHS is requesting the agreement be renewed as it is. The ECHS is applying to a private foundation for grants to enlarge the shelter. They need to have the extra land available before applying for the grant. They are asking for an additional .22 acres east of the present shelter. Mayor George Swearingen, with the consent of the Council , assigned this to the Public Health & Safety Committee for further study. 89-07-154: CONSIDER REQUEST FROM THE CITY OF COMANCHE FOR TEMPORARY USE OF THE CITY LANDFILL. Mr. Howard Drennen, Director of Public Works with the City of Comanche, addressed the Council stating that the City of Comanche have closed their landfill to the public as of July 17, 1989. The City of Comanche would like to make a contract with the City of Stephenville to use the city' s landfill until they can build a transfer station or make other arrangements. After some discussion, Councilmember Bob Self made the motion, seconded by Councilmember Ray Reynolds, to deny the City of Comanche the use of the city' s landfill . The motion carried UNANIMOUSLY. 89-07-155: CONSIDER REQUEST FROM SENIOR CITIZENS CENTER, INC. FOR FINANCIAL HELP. Ms. Roberta Conlee, Director of Senior Citizens Center, Inc. , addressed the Council requesting additional funds in the amount of $16,000.00 due to the failure of the Erath County Committee on Aging to honor it' s financial commitments and obligations to the 227 Stephenville Senior Citizens Center, Inc. Ms. Conlee also stated the SCCI is no longer associated with the ECCOA effective July 1, 1989. After some discussion, Mayor Swearingen appointed a special committee consisting of Councilmembers Ray Reynolds, chairman, Joel Hillin and Jim McSwain as members to work with Ms. Conlee to see what can be done. Ms. Conlee asked that the above referenced committee be a mediator between the Erath County Committee on Aging and the Senior Citizens Center, Inc. to help solve the problems they are presently encoun- tering. Councilmember Helen Martin made the motion, seconded by Councilmember Vicki Truss, to accept the special committee as named. The motion carried UNANIMOUSLY. 89-07-156: HEAR DISCUSSION FROM COUNCILMEMBER BOB SELF REGARDING A "WELLHEAD PROTECTION AREA PLAN" AND "UNDERGROUND WATER CONSERVATION DISTRICT". Councilmember Bob Self made a presentation to the Council regarding a "Wellhead Protection Area Plan" and a "Underground Water Conser- vation District". Mayor George Swearingen, with the consent of the Council , assigned this item to the Water Planning Committee. COMMITTEE REPORTS: 89-07-157: 1. 100th ANNIVERSARY COMMITTEE - Status Report - Councilmember Bob Self reported the sale of the merchandise associated with the 100th Year Anniversary is going very well . The sale of this merchandise is paying a portion of the expenses involved and as most of the entertainment and events are free to the public the support of the community through the purchase of that merchandise is important. The Century Park Project is still very much alive and well . There has been some delay and a lack of information concerning it due to the Parks & Wildlife Commission not meeting during June and July. We anticipate them meeting in August and giving their final approval on the grant requested from them. We are not anticipating any problem with approval . When we receive notifi- cation that the grant has been approved construction will begin and completed in approximately 60 days from that point. Funding is coming along very well . We have secured two donations of $10,000 each; four of $5,000 each; three of $3,333 each. These donations have secured the five picnic areas. We are now taking orders for the "Heritage Park Plaques". 89-07-158: 2. CIVIL SERVICE COMMISSION - Status Report - Ellen Skipper requested a workshop with the City Council on Civil Service in order that a budget could be set up for next year. She said their attorneys are checking to see who is covered and who is not covered by Civil Service. It was the consensus of the Council that when Ms. Skipper received the information on who is and who is not covered by Civil Service she would contact the City Secretary to set up a workshop. 89-07-159: 3. DAMAGE CLAIMS COMMITTEE - Status Report - In the absence of chairman Allen Horne, the City Secretary reported the committee has not met to discuss the claim filed by Mr. Forest Caraway regarding damage to his car when driving over a loose manhole cover. 89-07-160: 4. FRANCHISE UTILITIES COMMITTEE - Status Report - In the absence of chairman Joel Hillin, Councilmember Helen Martin reported the committee has not met with Mr. Ron Jones regarding Mr. Jones' proposal on the city' s liability insurance. 228 89-07-161: 5. LANDFILL COMMITTEE - Status Report - Councilmember Bob Self reported that the committee had reviewed a comparison survey conducted 10 days prior to the effective date of the new land- fill gate rates and 10 days after the new landfill gate rates. (See Committee Report) . The committee is not sure this is a good indication of how much revenue will be generated by the new fees. Mr. Self advised that if revenue projections could be made from this survey, the new landfill gate rates would barely cover the operating costs for fiscal year 89-90 and restore some of the Reserve Fund that will be depleted. However, the commitment to the Health Department to provide a slurry liner around the unused portion of the landfill and additional work required to stop ero- sion and restore the final cover on the old part (80 acres) , will require an estimated $700,000. This is an expense we face regardless of whether we plan to keep the landfill in operation under the new EPA guidelines or find some other waste disposal method. The slurry liner around the unused portion of the landfill will allow us to use the "open trench" method of operation approved by the Health Department. This will allow us to continually be digging a new portion as we fill the old part, saving the expense of contracting for the cell to be excavated. It will also alle- viate the expense of lining both sides and ends of the cells. To be able to accomplish this, we will have4 to keep the scraper we have been leasing, and the additional heavy equipment operator. 89-07-162: 6. NOMINATIONS COMMITTEE - Status Report - Councilmember Jim Bostic reported the committee only has two names for members of the Housing Authority, but they are still working on it. 7. PLANNING & DEVELOPMENT COMMITTEE - Status Report 89-07-163: a. Land Development Board: Councilmember Helen Martin reported the Planning & Development Committee recommends the appoint- ment of a Development Advisory Board. The makeup of the Board to be as follows: Chairman - City Director of Public Works 3 members - involved with development and building -- one member to be the President of the Erath County Builders Association -- one member to be an engineer or someone with expertise in drainage and utilities, etc. -- one member to be a subcontractor. 3 members - citizens from the public, to wit: 1 from the Chamber of Commerce; 1 from a lending institution; 1 a realtor. 2 members - Staff from the City -- one being Betty Chew and the other staff member being the one whose work is related to the work under discussion. Selection of members of the Land Development Board was assigned to the Nominations Committee. 89-07-164: b. Mechanical Code: Councilmember Helen Martin reported the Planning & Development Committee recommends adoption of the "The State of Texas Law and Rules & Regulations Concerning The Practice and Licensing of Air Conditioning & Refrigeration Contractors" dated May 19, 1989. The Committee also requests a public hearing be set for the August 1, 1989 regular Council meeting. Selection of members to serve on the Mechanical Code Board was assigned to the Nominations Committee. 89-07-165: c. Drainage Ordinance-Special Exceptions: Councilmember Helen Martin reported the Planning & Zoning Commission will be looking at "Special Exceptions" portion of the Drainage 229 Ordinance as will the Land Development Board, but she doesn' t have a set date for that review. 8. PUBLIC HEALTH & SAFETY COMMITTEE - Status Report - Ray Reynolds, Chairman. 89-07-166: a. Uniform Code for the Abatement of Dangerous Buildings: Councilmember Ray Reynolds reported the committee recommends the approval of the Code. Councilmember Ray Reynolds made the motion, seconded by Councilmember Helen Martin, that the Uniform Code for the Abatement of Dangerous Buildings be passed and approved with corrections as discussed. The motion carried UNANIMOUSLY. 89-07-167: b. Erath County Jail Interlocal Agreement: Councilmember Ray Reynolds reported that the committee does not have a recommen- dation on the agreement at this time. The committee does plan to meet with County Commissioners regarding all city/county services. 89-07-168: d. Drainage Problem on Cain Street: Councilmember Ray Reynolds said the committee does not have a report on this item at this time. 9. TOURISM COMMITTEE - Helen Martin, Chairperson 89-07-169: Councilmember Helen Martin reported that it was the consensus of the committee that, as the committee had not received any other applications at this time, the 100 Year Anniversary Celebration Committee be allocated 100% of the second quarter hotel /motel receipts not to exceed $15,000.00. Councilmember Jim McSwain made the motion, seconded by Council- member Vicki Truss, to approve the recommendation from the Tour- ism Committee as recommended. The motion carried UNANIMOUSLY. 10. TRAFFIC STUDY COMMITTEE - Vicki Truss, Chairperson 89-07-170: a. "No Parking" signs on east side of Cain St, betweeen Vander- and Jones Streets. Councilmember Vicki Truss reported a survey had been conducted regarding this request from Mr. Tab Thompson and there had been several persons opposed to this action. It is the recom- mendation of the committee to not install a no parking sign in this area at this time. The committee did advise Mr. Thompson that he could purchase a "no parking" sign for his residence only and pay the city for installation if he so desired. 89-07-171: b. The committee took no action on complaint of traffic speed on Chamberlin Street from Frey to Lingleville Road. The speed limit is 30 mph and they felt that was sufficient, but did ask that the police monitor the traffic in this area for a time. 11. WATER PLANNING COMMITTEE - Mayor George Swearingen, Chairman. 8989-0_ Renewal of Contract With Beus & Bongiorno for the Purchase of Wastewater from the City. Mayor George Swearingen reported the committee recommends renew- ing the current contract with the change "to increase the price per/acre foot from $25.00 to $30.00" Councilmember Helen Martin made the motion, seconded by Council- member Jim McSwain, to renew the current contract with Beus & Bongiorno $30.00 as recommendedh the change to by the Water ncrease the pPlannirice ng r Committee— /acre from $25.00 to The motion carried UNANIMOUSLY. CONSENT AGENDA 230 89-07-173: A. Councilmember Ray Reynolds made the motion to approve the minutes of the City Council meetings held on May 16th, June 6th, and June 21st, 1989, with corrections to June 6th minutes as discussed. Seconded by Councilmember Helen Martin, the motion carried UNANIMOUSLY by a roll call vote. 89-07-174: B. Councilmember Ray Reynolds made the motion, seconded by Council- member Helen Martin, to approve the following bids as submitted. The motion carried UNANIMOUSLY by a roll call vote. 1. Bid #2457-Cement Drainage Structure at Belknap & Walnut: Beam Concrete, Inc. --------------- $3,900.00 2. Bid #2459-Meter Boxes, Copper Tubing and Fittings: Rohan Company-Items 1,2,3,4,5-------------$4,765.00 Big Country Supply-Item 6-----------------$2,550.00 Atlas Utility-Items 7 and 8---------------$2,761.50 3. Bid #2460-Polyethylene Watertight Manhole: American utility-------------------------$1,649.25 89-07-175: C. Councilmember Ray Reynolds made the motion, seconded by Council- member Helen Martin, to pass and adopt A RESOLUTION REQUESTING THAT THE CITY OF STEPHENVILLE BE INCLUDED ON THE TEXAS WATER DEVELOPMENT BOARD FISCAL YEAR 1990 INTENDED USE PLAN. The motion carried UNANIMOUSLY by a roll call vote. Councilmember Ray Reynolds made the motion, seconded by Council- member Helen Martin, to pass and approve AN ORDINANCE DECLARING THAT PORTION OF TURNER STREET IN THE CITY OF STEPHENVILLE AND BEING OF THE DIMENSIONS OF 50 FEET ON ITS NORTH AND SOUTH LINES AND 40 FEET ON ITS EAST AND WEST LINES AND LOCATED IMMEDIATELY NORTH OF LOT 12 OF BLOCK A-30 OF GROESBEECK AND McCLELLAND ADDITION IN THE CITY OF STEPHENVILLE AS SHOWN BY KING'S 1956 MAP OF STEPHENVILLE TO HAVE BEEN ABANDONED AS A STREET, ORDERING SAME VACATED AND CLOSED AND PROVIDING FOR THE CONVEYANCE THEREOF TO DAN MALONE. The motion carried UNANIMOUSLY by a roll call vote. I 89-07-176: Councilmember Ray Reynolds made the motion, seconded by Council- member Helen Martin, to pass and approve A RESOLUTION FINDING AND DECLARING THAT THERE EXISTS A NEED FOR THE HOUSING AUTHORITY OF THE CITY OF STEPHENVILLE, TEXAS, TO FUNCTION. The motion carried UNANIMOUSLY by a roll call vote. PUBLIC HEARING 89-07-177: Mayor George Swearingen opened the floor for a public hearing to consider rezoning, from B-2 "Secondary & Highway Business District" to R-3 "Multiple Family Residential District", Lot 5C, Block 66, City Addition, known as 799 N. Belknap Street. As there was no one present wishing to address the Council either for or against the rezoning of above referenced property, Mayor George Swearingen closed the public hearing. Councilmember Bob Self made the motion, seconded by Councilmember Helen Martin, to pass and approve AN ORDINANCE REZONING LOT 5C, BLOCK 66, CITY ADDITION, KNOWN AS 799 N. BELKNAP STREET, FROM B-2 "BUSINESS & HIGHWAY BUSINESS DISTRICT" TO R-3 "MULTIPLE FAMILY RESIDENTIAL DISTRICT The motion carried UNANIMOUSLY by a roll call vote. DEPARTMENTAL REPORTS 89-07-178: 1. Discussion regarding review, adoption, and implementation of an updated employee manual . Mayor George Swearingen assigned this item to the Personnel Committee. ointment of Election Judge, Alternate Judge, an 8989-0� 2. Consider app . Absentee Voting Clerk and set rate of pay for judges and clerks Councilmember Helen Martin made the motion, seconded by Council- member Bob Self, that Mrs. Louise Skipper be appointed as Election 231 Judge; Mrs. Faye Howell be appointed as Alternate Judge; the rate of pay to be $5.00 per hour with the Election Judge to receive an extra $25.00; approval of hiring an absentee voting clerk who will be paid $5.00 per hour. The motion carried UNANIMOUSLY. 89-07-180: Mayor George Swearingen recessed the open portion of the meeting and called the Council into EXECUTIVE SESSION as provided in the Open Meetings Act, V.T.C.S. , Article 6252-17, Section 2(g) , for the purpose of discussing matters related to the City Administrator's appointment and benefits. Mayor George Swearingen reconvened the City Council into open session. 1 No action was taken on matter discussed in executive session. There being no other business to come before the Council , Mayor Swearingen ad- journed the meeting at 9:35 p.m. ATTEST: Georg earingen, Mayor (2 4C 7 yc Pemberton, City Secretary 1 i 232