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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 .