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HomeMy WebLinkAbout1989-12-05 - Regular City Council MINUTES OF REGULAR MEETING City of Stephenville - City Council TUESDAY, DECEMBER 5, 1989 - 7:00 P.M. The City Council of the City of Stephenville, Texas, convened in regular session on December 5, 1989 at 7:00 p.m. in the Council Chambers of City Hal 1 , 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 Scott Evans Ray Reynolds James L. McSwain Jim Bostic Joel M. Hillin Absent: None Others Attending: Don Davis City Administrator Joyce Pemberton City Secretary Joseph Chandler City Attorney Randy Thomas Assistant City Attorney ITEM I : Mayor George Swearingen called the meeting to order and declared a quorum present. ITEM II : COMMUNICATIONS AND PERSONAL APPEARANCES BY CITIZENS. A. Hear Request From Mr. Andy Phillips Regarding His September Water Bill . Mr. Andy Phillips, 870 College Farm Road, addressed Council regarding an alleged overcharge on his September water bill (August 15th to September 15th) . Mr. Phillips said this bill was for 46,000 gallons of water ($92.00) . He said his average bills for the last year were 4,000 to 5,000 gallons per month. He said he had not increased his water consumption and does not have any leaks, therefore, he feels he is being charged unfairly. Don Davis, City Administrator, advised the Council that the Water Department has checked and rechecked the meter, the meter readings and cannot account for this large consumption. Councilmember Jim Bostic made the motion, seconded by Council- member Scott Evans, that Mr. Andy Phillips pay for 5,000 gallons of water for the September bill . Also that a close watch be kept on his meter for six months and if there is another big jump in consumption, then we' ll know there was a leak somewhere and take whatever action is needed. The motion carried by the following vote: AYES: Councilmembers Bob Self, Vicki Truss, Scott Evans, Ray Reynolds, Jim Bostic, and Mayor George Swearingen. NOES: Councilmembers Helen Martin, Jim McSwain and Joel Hillin. ITEM III : COMMITTEE REPORTS. A. Public Health & Safety Committee: Councilmember Ray Reynolds, Chairman. 1. Alarm Ordinance - Status report 2. Interlocal Jail Agreement - Status report. - 274 - Chairman Ray Reynolds reported that the Committee is making progress. Chief Conner, Chief Mooney and Don Davis, City Administrator, met with representatives of the local law enfor- cement agencies and they are working on several intergovernmen- tal agreements, including the alarms, the jail agreement and a central dispatch. Hopefully, we will have something for the Council in the very near future. B. Nominations Committee: Councilmember Jim Bostic, Chairman. Chairman Jim Bostic recommended that the appointments to the various boards and committees be continued until the next regular meeting in January. C. Water Planning Committee: Mayor George Swearingen, Chairman. Mayor George Swearingen, Chairman, reported that on November 29, 1989, the Water Planning Committee, along with Don Davis, City Administrator and Danny Johnson, Director of Public Works, met with the Somervell Water District at the Holiday Inn. They discussed the current status of the Paluxy River Project. It was brought to their attention that the court hearing is scheduled for April , 1990, in Austin. Considering there is a favorable ruling as far as the City is concerned, there will be possible appeals to the court ruling which can take possibly months. After that there will be an Environmental Impact Study initiated which could take six months to two years or longer. After that is passed with favorable results, there will be a bond election held in Somervell County to fund the construction. The Water Planning Committee plans to meet again in the very near future to discuss pertinent aspects pertaining to this huge undertaking by the City of Stephenville. Some of the items to be discussed are: 1. Written agreement to assure recovery of investment by the City of Stephenville when production from water impoundment begins. 2. The kind of water received whether it will be treated at the lake or brought to Stephenville to be treated. 3. Will Stephenville pay for construction of the pipeline from the lake to here or will it be figured in the cost of the lake itself. 4. Will Stephenville be free to resell excess water that we may get to other entities. D. Special Senior Citizens Committee: Councilmember Ray Reynolds, Chairman. Councilmember Ray Reynolds reported a contract, between the City and the Senior Citizens Center, Inc. , has been proposed. This contract is for a term of one year, with successive one year periods by mutual agreement between the City and the Stephenville Senior Citizens Center, Inc. The contract outlines certain recreational programs and provides for the City of Stephenville to pay the Stephenville Senior Citizens Center, Inc. the amount of $16,000.00 annually to be used by the Senior Citizens Center, Inc. for the expenses of operation of the recreation center programs. The payments shall be made by quarterly installments in the sum of $4,000.00 each. Councilmember Ray Reynolds made the motion, seconded by Council- member Jim McSwain, to approve the contract as written. The motion carried UNANIMOUSLY. Funding for the Erath County Committee on Aging: Councilmember Ray Reynolds reported he has discussed this item with City Attorney, Joseph Chandler, and they were unable to iden- tify any services offered by the ECCOA for which the City could contract. Therefore, they were recommending that the City not fund that agency. Dr. Nathan Cedars, President of the Erath County Committee on Aging, addressed the Council suggesting that the City enter into a - 275 - contract with the ECCOA for services that will be rendered for senior citizens of Stephenville by the Erath County Committee on Aging. The request from the Erath County Committee On Aging was referred back to the Senior Citizens Special Committee for further study. ITEM V: CONSENT AGENDA: All items listed below are considered routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence. A. APPROVAL OF MINUTES: Councilmember Jim McSwain made the motion, seconded by Council- member Helen Martin, to approve the minutes of the November 7, 1989, minutes as written. The motion carried UNANIMOUSLY. B. REPORTS FROM BOARDS & COMMISSIONS: Planning & Zoning Commission. 1. Councilmember Jim McSwain made the motion, seconded by Council- member Councilmember Helen Martin, to approve the final plat of a replat of Subdivisions 6 and 7. Block 75, City Addition, Erath County, Texas, as recommended by the Planning & Zoning Commission. The motion carried UNANIMOUSLY. 2. Councilmember Jim McSwain made the motion, seconded by Council- member Helen Martin, to approve the Site Development Plan for Lot 10, Block 75, City Addition, as recommended by the Planning & Zoning Commission. The motion carried UNANIMOUSLY. C. BID CONSIDERATIONS: 1. Water Department - Plugging & Capping two water wells at the Bid #2476 City Landfill - removed from Consent Agenda at the request of Councilmember Jim McSwain. 2. Councilmember Jim McSwain made the motion, seconded by Council- member Councilmember Helen Martin, to award the bid to Water & Waste Products of Dallas, TX, for the purchase of two Model 2700 ISCO Samplers for the Water Department. The motion carried UNANIMOUSLY. (Bid #2477) D. ORDINANCES & RESOLUTIONS: 1. Councilmember Jim McSwain made the motion, seconded by Council- member Helen Martin, to pass and adopt AN ORDINANCE adopting the Uniform Mechanical Code, 1985 Edition. The motion carried UNANIMOUSLY. 2. A Resolution taxing all "in transit" personal property. Removed from the Consent Agenda at the request of Councilmember Bob Self. ITEMS REMOVED FROM CONSENT AGENDA FOR DISCUSSION AND ACTION. C. BID CONSIDERATIONS: 1. Bid #2476 - Water Department - Plugging & Capping two water wells at the City Landfill . Councilmember Jim McSwain explained that the reason for plugging & capping two water wells at the landfill was for the expansion of the landfill . Councilmember Jim McSwain made the motion, seconded by Council- member Helen Martin, to award the bid to low bidder, J. L. Myers Co. , in the amount of $2,461.00, as recommended. The motion carried UNANIMOUSLY. D. ORDINANCES & RESOLUTIONS: 2. A Resolution taxing all tangible personal property. - 276 - Mr. Billy Mobley, Executive Director of the Chamber of Commerce, addressed the Council requesting the City to support the Proposition 5 Freeport Tax. Mayor George Swearingen commented that he was in favor of the Proposition 5 Freeport Tax because a majority of the voters passed it. After considerable discussion, it was the consensus of the Council to support the Proposition 5, Freeport Tax, therefore no Council action was required. ITEM V: CITY ADMINISTRATOR'S REPORT: A. EPA Regulations on Solid Waste Management. Don Davis, City Administrator, advised that Mayor Swearingen had received a letter from the Mayor of the City of Vernon requesting that the City or the Council , as individuals, contact the federal congressional delegation in opposition of the EPA regulations on solid waste management and, more specifically, that there be some flexibility and some time allowed before said regulations go into effect. Mr. Davis said he was asking the Council for directions as to how they wanted to handle this request. Specifically, does the Council want to take a position as "the City" as opposed to "as individuals"? Mayor Swearingen asked, if the Council would approve, Don Davis, City Administrator, to write a letter for the Council as a whole to ask that they reconsider some of their stands on this par- ticular item, such as, 1) no consideration given for any type of outstanding circumstances. He said he would like for the Council , as a body, to ask the EPA to reconsider their stance on this. Councilmember Bob Self commented that this has been in the works for a couple of years. We have been receiving information from EPA through Danny and Kurt as to how the new regulations were shaping up; what were going to be the requirements; what was going to be the impact; what the intent overall was, etc. It is not something that has come up in the last five months. He said it was his opi- nion that the City' s membership in the National League of Cities and Texas Municipal League has given us considerable voice over the last two years as to how these regulations have taken shape and he supports the overall thrust of the Resource Conservation & Recovery Act passed in 1976, which will in effect, provide for a few regional landfills instead of many, many small landfills all over the countryside. Mayor Swearingen said he agreed with Mr. Self, but he felt there were some points that needed to be addressed. He withdrew his request that the City Administrator write a letter on behalf of the City and Council , but would ask that he write a letter for him as mayor and he would send it. Councilmember Ray Reynolds commented that if the Mayor wanted to write a letter as an individual he did not have a problem with it, but he did have a problem with the City Administrator writing a letter to sign as the Mayor. He felt that would imply that the Council agrees with that. Mayor Swearingen said that, if his sending said letter was against a written law, rule or regulation, he would rescind the request. Otherwise, he would insist that he could do that. Councilmember Ray Reynolds said his opinion is that whenever a letter is signed by "the Mayor of Stephenville" that is an office that represents the government of Stephenville and that implies the Council . Mayor Swearingen asked the City Administrator to "forget it" and he would write the letter and have his wife type it and he would sign it as the Mayor of Stephenville. He said would ask the City Attorneys for a legal opinion, in writing, as to whether it was - 277 - illegal for him to such a letter. If it was illegal and they could show it to him in black and white, he would not write the letter, otherwise, he would write the letter and sign it as the Mayor of Stephenville. Councilmember Ray Reynolds agreed to this. Councilmember Helen Martin asked that, if the Mayor wrote said letter, a copy of it be on file in City Hall . She said that, as it pertains to an agenda item, she felt it should be on file. No further action was taken. B. Change January meeting date. Don Davis, City Administrator, advised that, since the regularly scheduled meeting in January is January 2nd and that being the first day after the holidays, that it might be a little more effective for the Council to change the meeting date to January 9, 1990. Councilmember Joel Hillin made the motion, seconded by Council- member Ray Reynolds, that the regular City Council meeting be moved to January 9, 1990. The motion carried UNANIMOUSLY. C. Water Rates Adjustment. Don Davis, City Administrator, reminded the Council that, in budget session this summer, the water rates were adjusted with a 4% increase that will go into effect January 1, 1990. He said no action was required, but just wanted to remind the Council and suggest getting some publicity out this month. It is only the water rates, not the sewer or garbage rates. There being no other business to come before the Council , Mayor Swearingen adjourned the meeting at 8: 15 p.m. ATTEST: M yor eorge Swearing J e m erton, City Secretary - 278 -