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HomeMy WebLinkAbout1989-09-05 - Regular City Council MINUTES OF REGULAR MEETING City of Stephenville - City Council TUESDAY, SEPTEMBER 5, 1989 - 7:00 P.M. The City Council of the City of Stephenville, Texas, convened in regular session on September 5, 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 y 9 9 Mayor Pro Tem: Bob Self Helen Martin Vicki L. Truss James L. McSwain Jim Bostic Joel M. Hillin Absent: Ray Reynolds Others Attending: Don Davis City Administrator Charlene Young Director of Finance 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. 89-09-218: DISCUSSION REGARDING WATER SERVICE ORIENTATION FOR NEW CUSTOMERS AS REQUESTED BY MRS. SHAROLYN POULSEN. Helen Martin made the motion, seconded by Joel Hillin, to reinstate the policy of issuing a receipt to new water customers with said receipt to have water policies listed. The motion carried UNANIMOUSLY. 89-09-219: DISCUSSION REGARDING FILLING THE VACANCY ON THE CITY COUNCIL, PLACE 7, CREATED BY THE RESIGNATION OF ALLEN HORNE. Jim McSwain made the motion, seconded by Jim Bostic, to call a spe- cial election for November 7, 1989 to fill the unexpired term of Allen Horne, Place 7. The motion carried UNANIMOUSLY. 89-09-220: REPORT BY BOB SELF REGARDING UNDERGROUND WATER AND WATER CONSERVATION. Bob Self reported on a meeting he attended in Amarillo, Texas, of the Texas Groundwater Conservation Districts, co-sponsored by the Texas Water Commission. Mr. Self said the Texas Groundwater Conservation Districts were formed because they realized it is a lot better to have local control than it is to have state or federal control . He said a local water district will be needed in this area sooner or later. Local or small districts seem to be the key to the future, not only to maintain the local control of the situation, but to be able to customize it and meet the requirements of the locale. No action was taken. 89-09-221: DISCUSSION REGARDING COUNCIL SUPPORT OF THE "LAWN CARE PLAN" RECOM- MENDED BY THE TEXAS AGRICULTURE EXTENSION SERVICE BY RAY REYNOLDS. Due to the absence of Mr. Reynolds, this item was not discussed. COMMITTEE REPORTS: 89-09-222: 1. Damage Claims Committee Report: Bob Self, Chairman. 247 Mr. Self reported that the Committee felt that the damage claims filed by Mr. Forrest Caraway and Mr. Eddie Joe Goodman were both caused by an "act of God" in that heavy rains caused the loose manhole covers which resulted in damage to Mr. Caraway' s and Mr. Goodman' s cars. Bob Self made the motion, seconded by Joel Hillin, to deny the damage claims of Mr. Forrest Caraway and Mr. Eddie Joe Goodman. The motion carried by the following vote: AYES: Bob Self, Helen Martin, Vicki Truss, Jim McSwain, Jim Bostic, and Joel Hillin. NOES: George Swearingen, Mayor. 89-09-223: 2. Nominations Committee Report: Jim Bostic, Chairman. Mr. Bostic reported the Housing Authority has advised it may go with a county Housing Authority, therefore, the County Commissioners will be charged with the obligation of naming a housing authority board. If they change their minds, they will come back to the Council . Helen Martin commented that the Nominations Committee has dif- ficulty coming up with persons qualified and knowledgeable to serve on some of the boards and commissions. She said she thought a file of people who are interested and have qualifications to be on some boards should be maintained so that this committee will something to refer to. Mayor Swearingen suggested that if anyone has anybody that would care to serve on any board or commission that they submit their name and address to City Hall to be put in a file for further re- ference. 3. Public Health & Safety Committee Report: Ray Reynolds, Chairman. a. Erath County Jail Interlocal Agreement: Moved to next agenda. 89-09-224: b. Request from Erath County Humane Society to renew the five (5) year agreement between ECHS and the City with no changes and to increase the land available for ECHS use by .22 acres. Jim Bostic made the motion, seconded by Joel Hillin, to renew the agreement between the ECHS and the City with no changes for another five (5) years, as requested. Also to make another .22 acres available to ECHS for their use. The motion carried UNANIMOUSLY 4. Special Committee - Status Report - Ray Reynolds, Chairman. 89-09-225: a. Request From Senior Citizens Center, Inc. For Additional Funds For The Remainder of This Year. In the absence of Ray Reynolds, Charlene Young, Director of Finance, reported that during budget workshops it was the con- sensus of the Council that due to budget restrictions additional funds would not be available this year. Mrs. Young said Mr. Reynolds had asked her to call Roberta Conlee and so advise her of the Council ' s decision which she had done. 89-09-226: 5. Landfill Committee - Status Report - Bob Self, Chairman. Bob Self had no report at this time. 6. Civil Service Commission: Ellen Skipper, Chairperson 89-09-227: a. Ellen Skipper, Chairperson, asked the Council to consider leasing office space at the Town & Country Bank @ $175.00 per month for a one (1) year contract. This office is needed for the Commission to conduct their business on a recurring basis. Joel Hillin made the motion, seconded by Vicki Truss, to assign this item to a committee for further study. The motion carried UNANIMOUSLY 248 Mayor Swearingen nominated Joel Hillin, Chair, Jim Bostic and Vicki Truss as the special committee to study this item. Helen Martin made the motion, seconded by Jim McSwain, to approve the persons nominated for this committee. The motion carried UNANIMOUSLY CONSENT AGENDA: Vicki Truss asked that Item D(2) be removed from the Consent Agenda and Danny Johnson, Director of Public Works, asked that Item C(1) be removed from the Consent Agenda for discussion. A. Approval of Minutes: 89-09-228: Helen Martin made the motion, seconded by Jim McSwain, to approve the minutes of July 24th and July 31st, 1989, as written. The motion carried UNANIMOUSLY B. Reports from Boards & Commissions: None C. Bid Considerations: 1. Bid #2467-Street Department-Asphalt Storage & Concrete Valleys. Removed from Consent Agenda for Discussion. 89-09-229: 2. Depository Bid for 1989-90: Helen Martin made the motion, seconded by Jim McSwain, to award the depository bid to the Stephenville Bank & Trust Company of Stephenville. (The only bid received). The motion carried UNANIMOUSLY D. Ordinances and Resolutions: 89-09-230: 1. Helen Martin made the motion, seconded by Jim McSwain, to pass and approve AN ORDINANCE adopting and making a part of the City Charter of the City of Stephenville Charter Amendments passed and approved by the qualified voters of the City of Stephenville at an election duly and legally held on May 6, 1989. The motion carried UNANIMOUSLY. ITEMS REMOVED FROM CONSENT AGENDA: 89-09-231: C 1. Bid #2467-Street Department-Asphalt Storage & Concrete Valleys: Danny Johnson, Director of Public Works, advised the Council that city crews had already constructed the concrete valley on W. Frey Street, therefore $1,650.00 should be subtracted from the amount of the bid leaving a balance of $6,800.00. Helen Martin made the motion, seconded by Joel Hillin, to award Bid #2467 to Gary or Donald Sparks of Stephenville for an asphalt storage structure in the amount of $4,500.00 and two concrete valleys in the amount of $2,300.00. The motion carried UNANIMOUSLY. D. 2. Ordinances Updating the Texas Municipal Retirement System. Vicki Truss advised that she had asked to have this item removed from the Consent Agenda because she did not want to vote for it. 89-09-232: Helen Martin made the motion, seconded by Bob Self, to pass and approve AN ORDINANCE ALLOWING CERTAIN EMPLOYEES OF THE CITY, WHO PERFORMED OR HEREAFTER PERFORM ACTIVE SERVICE IN THE ARMED FORCES (OR THEIR RESERVES OR AUXILIARIES) OF THE UNITED STATES UNDER HONORABLE CONDITIONS, TO APPLY AND MAKE DEPOSITS FOR, AND TO RECEIVE SPECIAL CREDIT WITH THE TEXAS MUNICIPAL RETIREMENT 249 SYSTEM FOR LIMITED PORTIONS OF SUCH MILITARY SERVICE, AND PRO- VIDING FOR PAYMENT BY THE CITY OF ITS SHARE OF THE COSTS OF ALLOWING SUCH CREDITS. AN ORDINANCE GRANTING TO CITY EMPLOYEES ADDITIONAL RIGHTS AND CREDITS IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM AS AUTHORIZED BY SECTION 63.303 SUBTITLE G, TITLE 110B, REVISED CIVIL STATUTES, AS ENACTED BY HOUSE BILL 1885, ACTS OF THE REGULAR SESSION OF THE 71ST LEGISLATURE. AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF STEPHENVILLE; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUTITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. The motion carried by the following vote: AYES: Bob Self, Helen Martin, Jim McSwain, Joel Hillin, and George Swearingen. NOES: Vicki Truss and Jim Bostic. ABSENT: Ray Reynolds. PUBLIC HEARINGS: 89-09-233: 1. Public Hearing To Consider Proposed Subdivision Ordinance. Mayor George Swearingen opened the floor for a public hearing to consider the proposed Subdivision Ordinance. THOSE IN FAVOR OF PROPOSED ORDINANCE: None THOSE OPPOSED TO PROPOSED ORDINANCE: Mr. James Synatzske, Chairman of the Governmental Affairs Committee of the Erath County Builders Association, addressed the Council stating that the Erath County Builders Association and others felt there were some areas of the proposed Subdivision Ordinance that need more consideration before final passage of this ordinance, such as: (1) More flexibility in the Performance and Maintenance Bonds provisions; (2) The Subdivision Improvements Specifications should be made a part of this ordinance; The Builders Association recommend this ordinance be tabled until such time as the improve- ments specifications can be made a part of this final ordinance and more consideration can be given to performance and maintenance bonds. Mr. Kenneth Currier, President of the Erath County Builders Association, addressed the Council stating that the Association felt the Performance and Maintenance Bonds requirements would more or less stiffle development in this area and asked the that more consideration was needed in this area. Mr. Ken Luker, representing The Stephenville Bank & Trust Company, addressed the Council stating that the Performance and Maintenace Bond provisions will create some serious problems with regard to financing for some developers. There being no one else wishing to address the Council on this Ili matter, Mayor George Swearingen closed the public hearing. Mayor Swearingen assigned this to the Special Building Board, the P & Z Commission and the Land Development Board for further study. Helen Martin said she felt it should also be reviewed by the Planning & Development Committee. After discussion, Bob Self made the motion, seconded by Joel Hillin, to dissolve the Special Building Board, as their original assign- 250 ment was to review the old Subdivision Ordinance, it is of no use anymore. The motion carried UNANIMOUSLY. Mayor Swearingen assigned this to the Planning & Development Board to work with the Land Development Board for further study and review. DEPARTMENTAL REPORTS: 89-09-234: 1. Consider Details To Be Included In A Burgular Alarm System. Doug Conner, Chief of Police, addressed the Council stating that ordinances from several communities have been reviewed. He needs to have Council approval of a fee structure before the attorneys can draft an ordinance. Mayor Swearingen, with the consent of the Council , assigned this to the Public Health & Safety Committee for study and recommen- dations. 89-09-235: 2. Consider Acceptance Of Road Dedication From Atchison, Topeka, and Santa Fe Railway Company To The City of Stephenville. After discussion, Bob Self made the motion, seconded by Jim Bostic, to accept the dedication of the Santa Fe Railway crossing on Caporal Drive at mile post 73 + 3232, as requested by Caporal Forging, Inc. The motion carried UNANIMOUSLY. 89-09-236: 3. Consider Bids Received For Harbin Drive Property. Bob Self made the motion, seconded by Jim Bostic, to accept the bid of $50,500.00 submitted by Mr. Raymond Stewart for the purchase of Lot 16, Block 140, City Addition. The motion carried UNANIMOUSLY. EXECUTIVE SESSION: Mayor George Swearingen recessed the open portion of this meeting and called the Council into executive session as provided in the Open Meetings Act, Vernon' s Texas Civil Statutes, Article 6252-17, Section 2(e) , for the purpose of discussing pending litigation. 89-09-237: 1. James 0. Bachus vs. The City of Stephenville: City Attorneys Joseph Chandler and Randy Thomas advised the Council of some alternatives involved in this suit regarding drainage of a lot located at the northeast corner of Frey and Race Streets. Mayor Swearingen reconvened the Council into open session. No action was taken on the above item. There being no other business to come before the Council at this time, Mayor George Swearingen adjourned the meeting at 9:30 p.m. ATTEST: Geor wearingen, Mayor Q"',' , /L A Z:p G-cry6e emberton, City Secretary 251