HomeMy WebLinkAbout1989-08-01 - Regular City Council MINUTES OF REGULAR MEETING
City of Stephenville - City Council
TUESDAY, AUGUST 1, 1989 - 7:00 P.M.
The City Council of the City of Stephenville, Texas, convened in regular session
on August 1, 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
Ray Reynolds
James L. McSwain
Jim Bostic
Joel M. Hillin
Absent: Councilmember Allen Horne
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.
mom
89-08-189: CONSIDER REQUEST FROM CALAME, LINEBARGER & GRAHAM LAW FIRM TO RENEW
CONTRACT FOR DELINQUENT TAX COLLECTION SERVICES FOR THE CITY OF
STEPHENVILLE.
Councilmember Helen Martin made the motion, seconded by Councilmember
Bob Self, to renew the contract with Calame, Linebarger & Graham law
firm for delinquent tax collection services for a two year period.
The motion carried UNANIMOUSLY.
COMMITTEE REPORTS:
89-08-190: 1. DAMAGE CLAIMS COMMITTEE: Chairman Bob Self reported the committee
had met regarding the claim filed by Mr. Forrest Caraway for damage
to his car caused by a loose manhole cover. Mr. Self said the
committee had no recommendation at this time as they felt the need
for further investigation.
89-08-191: 2. FRANCHISE UTILITIES COMMITTEE: Chairman Joel Hillon reported the
committee met with Mr. Ron Jones and discussed his request to pre-
sent a plan for the City' s liability insurance.
Councilmember Joel Hillin made the motion, seconded by Council-
member Ray Reynolds, that the City Council again employ an insur-
ance advisor in the spring of 1990 to look at the plan of coverage
and assist the Council in procedures necessary to update coverage
as needed or desired as recommeded by the Franchise Utilities
Committee. The motion carried UNANIMOUSLY.
Councilmember Helen Martin commented that the committee wants all
the local insurance agents to be advised if and when the city
takes bids again.
89-08-192: 3. LANDFILL COMMITTEE: Chairman Bob Self asked the Council for the
evaluation forms passed out at the previous meeting when the three
engineering firms had made their presentations on the feasibility
studies on the solid waste disposal .
236
The councilmembers that had their forms complete ranked the firms
as follows: (1) Freese & Nichols, Inc. , (2) Alan Plummer & Assoc.
(3) The Nelson Corporation.
After discussion, Councilmember Jim McSwain made the motion,
seconded by Councilmember Helen Martin, that the City Council
select the firm of Freese & Nichols, Inc. to do the engineering
study for feasibility on the landfill facilities and/or an alter-
nate plan. The motion carried by the following vote:
AYES: Councilmembers Bob Self, Helen Martin, Ray Reynolds, Jim
McSwain and Joel Hillin.
NOES: Councilmembers Jim Bostic Vicki Truss and Mayor George
y 9
Swearingen.
89-08-193: 4. NOMINATIONS COMMITTEE:
a. Housing Authority: Chairman Jim Bostic reported the committee
did not have a recommendation for members of the Housing
Authority.
b. Land Development Board: Chairman Jim Bostic submitted the
following names as members of the Land Development Board:
Kenneth Currier, James Young, James Synatzske, Ken Luker, Lindy
Boyd, and Wayne Graham with Danny Johnson and Betty Chew as
staff persons.
Councilman Jim Bostic made the motion, seconded by Councilman
Joel Hillin, to accept the names submitted by the Nominations
Committee for the Land Development Board. The motion carried
UNANIMOUSLY.
89-08-194: 5. PERSONNEL COMMITTEE - Status Report
Chairman Bob Self advised he did not have a report at this time.
These items would be discussed in budget workshops.
89-08-195: 6. PLANNING & DEVELOPMENT COMMITTEE - Status Report
a. Drainage Ordinance-Special Exceptions: Chairperson Helen
Martin reported that the Planning & Zoning Commission is going
to review the specifications for the Subdivision Ordinance in
their August meeting which will include the Drainage Ordinance.
Said Subdivision Ordinance will have provisions for the smaller
lots. After they have done that, it will come back to the
Planning & Development Committee for recommendations.
b. Proposal from Mr. Sam Creswell regarding City' s use of building
located at 133 W. Washington (formerly Beall Bros. Store) and
the proposal from Mrs. Barbara Nix regarding City' s lease/
purchase of the building located at the intersection of N.
Belknap Street and W. Washington (formerly the J. C. Penney
Bldg.) : Chairperson Helen Martin reported that the Building
Inspector had inspected these buildings and said there was a
possibility of using these buildings for a city hall , but there
were several things that would have to be done before they
would be ready for occupancy by the City.
Mrs. Martin asked for Council input as to whether or not the
the Council really wants to move. Plans for renovation? Cost
of renovation? Parking? Accessibility for the handicapped?
Until the Committee has more information from the Council
regarding the above questions, the Committee does not have a
recommendation.
Mrs. Martin suggested these items be discussed in budget work-
shops.
89-08-196: 7. PUBLIC HEALTH & SAFETY COMMITTEE - Status Report - Ray Reynolds,
Chairman:
237
a. Erath County Jail Interlocal Agreement: Mr. Reynolds did not
have a report on this item.
b. Drainage Problem on Cain St: Mr. Reynolds reported this is
part of a larger drainage problem which exists in that area.
Some of the residents have taken some action on their own and
he did not think it would be appropriate for the City to become
involved with one citizen. Until the City is able to address
the whole drainage problem in that area there is nothing we can
do about it now.
Councilman Ray Reynolds made the motion, seconded by Council-
woman Vicki Truss, that no action be taken. The motion carried
UNANIMOUSLY.
c. Request from Mr. Fred Cross regarding provisions for an
emergency operations center in the library basement: Mr.
Reynolds did not have a report on this item. He said he felt
it should be discussed in budget workshops.
d. Request from Mr. John Darby, President of the Erath County
Humane Society, to renew the five-year agreement between the
City and ECHS and increasing the amount of land available to
the ECHS: Mr. Reynolds did not have a report on this item.
89-08-197: 8. SPECIAL COMMITTEE - SENIOR CITIZENS/COMMITTEE ON AGING - Ray
Reynolds, Chairman:
Mr. Reynolds reported the Committee has met informally on this
and there is ongoing discussions between the Senior Citiznes
Center, Inc. and the Erath County Committee on Aging. The
Committee has chosen to wait and see what the resolution is or if
there is a resolution to some of these differences before making
a recommendation on additional funding.
89-08-198: 9. WATER PLANNING COMMITTEE - Status Report - George Swearingen,
Chairman:
a. Request from the Cross Timbers Church of Christ to purchase
water from the City of Stephenville: Mayor Swearingen reported
it was the Committee' s recommendation to allow the Cross
Timbers Church of Christ to purchase water from the City of
Stephenville.
Mayor George Swearingen made the motion, seconded by Council-
member Vicki Truss, that the Cross Timbers Church of Christ,
located on S. Lillian St. just outside the city limits, be
allowed to purchase water from the City of Stephenville at 115%
of the inside city rate and they pay the cost of bringing the
water to their property. The motion carried by the following
vote:
AYES: Councilmembers Bob Self, Helen Martin, Vicki Truss, Jim
McSwain, Jim Bostic and Joel Hillin.
NOES: None
ABSTAIN: Councilmember Ray Reynolds.
ABSENT: Councilmember Allen Horne
CONSENT AGENDA
89-08-199: A. Councilmember Bob Self made the motion, seconded by Councilmember
Vicki Truss, to approve the minutes of July 11, 1989 and July 19,
1989, as written, with the correction that Allen Horne was not
present at the July 11, 1989 meeting as shown. The motion carried
UNANIMOUSLY by a roll call vote.
89-08-200: B. Councilmember Bob Self made the motion, seconded by Councilmember
Vicki Truss, that Tuesday, September 5, 1989 at 7:00 p.m. in City
Council Chambers, 354 N. Belknap St. , be designated as the date,
238
time and place for a public hearing to consider the proposed
Subdivision Ordinance. The motion carried UNANIMOUSLY by a roll
call vote.
89-08-201: C. Councilmember Bob Self made the motion, seconded by Councilmember
Vicki Truss, to approve the Preliminary Plat and Site Development
Plan for a replat of Lot 20, and part of Lot 7, Block 156, City
Addition. The motion carried UNANIMOUSLY by a roll call vote.
89-08-202: D. Councilmember Bob Self made the motion, seconded by Councilmember
Vicki Truss, to accept the bid of $1,056.00 submitted by G & G
Chemical & Equipment Co. for one (1) 55 gallon drum of 91% or
better Malathion U.L.V. The motion carried UNANIMOUSLY by a roll
call vote.
89-08-203: E. Councilmember Bob Self made the motion, seconded by Councilmember
Vicki Truss, to award the bid of $0.5740 to Elf Asphalt of Austin,
Texas, for Asphalt Emulsion MS-2 (truck delivery) and to award the
bid of $0.6535 to Amercian Petrofina Co. of Big Spring, Texas, for
Cutback Asphalt RC250 (truck delivery) . The motion carried
UNANIMOUSLY by a roll call vote.
Councilmember Bob Self made the motion, seconded by Councilmember
Vicki Truss, to award Items 1, 2, 4, 5 and 6 of Bid #2464 for
asphalt to White Mines and that Item 3 be awarded to APAC-Texas,
Inc. The motion carried UNANIMOUSLY by a roll call vote.
DEPARTMENTAL REPORTS:
89-08-204: 1. Landfill Budget Amendment:
Councilmember Joel Hillin made the motion, seconded by Council-
member Helen Martin, to transfer $28,000 from the Cash Reserve
Account to the Landfill Operations Account to meet expense obliga-
tions. The motion carried UNANIMOUSLY.
89-08-205: 2. The Mayor and City Council set Wednesday, August 15, 1989 at 7:00
p.m. in Council Chambers at City Hall , 354 N. Belknap St. , as the
date, time and place to canvass the election returns of the
special election held on August 12, 1989 on the charter amendments.
There being no other business to come before the Council , Mayor Swearingen
adjourned the meeting at 8: 10 p.m.
ATTEST: Geor Swearingen, MaTor
l ,
_Joyce emberton, City Secretary
239
RESOLVED, that the CITY OF STEPHENVILLE acting by and
through its Mayor , George Swearingen, execute contract and lease
to and with STEPHENVILLE SENIOR CITIZENS, INC. as follows :
1 . The land covered by said contract and lease is two tracts of
land being First Tract of Lot B and Lot C of the City of
Stephenville, Erath County, Texas , and Second Tract being Lots
D, E and F of the City of Stephenville , Erath County, Texas ,
all in Block 2.
2. The property above described will be used and operated by
Stephenville Senior Citizens , Inc. , as a recreation center for
the elderly, there being located thereon a building and parking
areas required for the operation of such center and for that
purpose only and will be operated for non-profit . It is
understood and agreed that upon the termination of this lease
and contract that all improvements to the building and property
shall remain thereon and revert to the City of Stephenville.
3 . The term of this lease and contract shall be for a period of
one year , but same may be renewed if operations of the
recreation center is conducted by the Stephenville Senior
Citizens , Inc. , as herein provided for an additional period of
one year and thereafter for successive one-year periods upon
mutual agreement of the City and Stephenville Senior Citizens ,
Inc .
4. The Stephenville Senior Citizens , Inc . , agrees to operate
the recreation center in accordance with the recreation
practices and policies of the City of Stephenville. The
Stephenville Senior Citizens , Inc . , agrees to provide active and
passive recreation for all senior citizens in Stephenville and
keep attendance and participation records of all activities .
Stephenville Senior Citizens , Inc . , will agree to file quarterly
participation reports with the City Parks and Recreation
Director and submit for approval by the City Council an annual
budget and audit of its general fund by a qualified CPA. The
Stephenville Senior Citizens , Inc . , agrees to amend bylaws to
provide for disposition of all assets to the City of
Stephenville if corporation dissolves . The City of Stephenville
shall have the right to approve any and all sub-leasing of above
mentioned facilities . Stephenville Senior Citizens , Inc. ,
agrees to establish hours of center operation that are approved
by the City Parks and Recreation Director . The City agrees to
provide the major maintenance on the structure of the building
and parking areas .
5. The City of Stephenville for and in consideration of the
agreements by Stephenville Senior Citizens Center , Inc . , herein
set out agrees to pay to the Stephenville Senior Citizens , Inc. ,
the sum of $16,000.00 annually to be used by the Stephenville
Senior Citizens , Inc . , for the expenses of operation of the
recreation center program. This payment shall be made by
quarterly installments in the sum of $4 ,000. 00 each , with
$4,000. 00 to be paid for October 1 , 1989 ; $4 ,000 .00 on
January 1 , 1990; $4 ,000.00 on April 1 , 1990; $4 ,000. 00 on
July 1 , 1990 and $4,000. 00 on October 1 , 1990 ; like payments on
the same days of each year thereafter during the term of this
lease .
6. City of Stephenville will furnish insurance on the building
and parking areas without charge. All other expenses of the
recreation center and Stephenville Senior Citizens , Inc . , are to
be paid by the Stephenville Senior Citizens , Inc.
7 . Upon violation of any of the terms of this agreement by
Stephenville Senior Citizeens , Inc. , this lease and contract may
be terminated by the City of Stephenville and the property above
described and all equipment thereon shall be taken into the
possession of the City of Stephenville .