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Home My WebLink About1996-11-05 - Regular City CouncilMINUTES OF GENERAL BUSINESS MEETING City of Stephenville - City Council TUESDAY, NOVEMBER 5, 1996 - 7:00 P.M. The City Council of the City of Stephenville, Texas, convened on November 5, 1996, at 7:00 p.m., in the Council Chambers at City Hall, 354 N. Belknap Street, for the purpose of a General Business Meeting, 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 Chapter 551, Government Code, Vernon's Texas Codes Annotated, with the following members present, to wit: Mayor Councilmembers Others Attending: L CALL TO ORDER John Pollan Jerry B . Madkins Barbara Terrell Marshall Shelton Joel in Scott Evans K. H. Conatser Billy Bob Hodges Bill Corbin Don Davis, City Administrator Cindy L. Stafford, City Secretary Randy Thomas, City Attorney Mayor Pollan called the meeting to order at 7:00 p.m. and declared a quorum present. H* PUBLIC HEARING ON REZONING Mayor Pollan announced the opening of a public hearing concerning the rezoning from R-2 "One -Four Family Dwelling District" to B-2 "Secondary and Highway Business District", part of Lots 7 through 12, Block 5, Clifton Heights Addition, Stephenville, Erath County, Texas. Persons speaking in favor: No one. Persons speaking against: No one. Mayor Pollan closed the public hearing. Councilmember Conatser made the motion to adopt Ordinance No. 1996-31 rezoning this land. Councilmember Terrell seconded the motion which passed by unanimous vote. Regular Business Meeting -- November S, 1996 HL CONSIDER TAX ABATEMENT AGREEMENT WITH CORNERSTONE SENIOR SERVICES CORPORATION Mayor Pollan explained that this is the final step in the tax abatement process. Councilmember Terrell asked if there was a problem with the Type B licensing from the State. City Administrator Davis explained that the State Health Department issues two types of licenses --Type A, which is for ambulatory clients, and Type B, which is for non -ambulatory clients. Brad Allen, President of Cornerstone Senior Services Corporation, applied for a Type B license. Type A patients can be housed in a Type B facility, but Type B patients cannot be housed in a Type A facility. This gives a broader range of market. Type B facilities have a much more stringent building code and fire code requirement. Councilmember Madkins made the motion to approve the Tax Abatement Agreement between the City of Stephenville and Cornerstone Senior Services Corporation. Councilmember Shelton seconded the motion which passed by unanimous vote. IV. CONSIDER RAILROAD RIGHT-OF-WAY CROSSING LICENSE WITH SOUTH ORIENT RAILROAD COMPANY, LTD. Upon question by Councilmember Terrell concerning the $2,500.00 license fee, City Administrator Davis explained that this is something new with the recent purchase of the railroad by South Orient. When Santa Fe owned the railroad, they did not require these types of agreements. Santa. Fe allowed the City to cross its right-of-way by only requiring written permission. This is the second agreement the City has had with South Orient. Davis stated that the City does not have a lot of choice in the matter. Councilmember Evans asked if the railroad company pays the city anything to run the railroad tracks through town. Davis stated that the right-of-way was purchased by the railroad companies many years ago when the railroad was built. Councilmember Corbin made the motion to approve the Railroad Right -of -Way Crossing License with South Orient Railroad Company. Councilmember Hillin seconded the motion, and it passed by the following vote. AYES: Councilmembers Madkins, Terrell, Shelton, Hillin, Conatser, Hodges, Corbin, and Mayor Pollan. NOES: Councilmember Evans. V. REPORT FROM LIBRARY ADVISORY BOARD Councilmember Hillin reported that the library is housed in the old post office. The agreement with the Federal Government was for the City to maintain the building and Regular Business Meeting — November 5, 1996 use it continuously as a library; and, at the end of 25 years the Federal Government would deed this property to the City. This 25-year period will expire in 1998. At that time, the Library Advisory Board would like to develop a plan for building and expanding into the future. Hillin further reported that the Library Board was considering having the Council adopt an ordinance establishing a Library Advisory Board. ffillin stated that some of the problems facing the library are space inside the building as well as needed parking space outside. VL CONSIDER LONE STAR GAS GATE RATE CASE City Administrator Davis stated that Lone Star Gas has announced its intention to file before the Railroad Commission its intent of changing the city gate rate. The gate rate includes Lone Star's purchasing, storing, and transporting of its gas. Those costs are included in what the City distribution costs are and what the customers ultimately pay for their gas. The City of Stephenville has been contacted by representatives of the cities of Fredericksburg, Garland, and Arlington to seek our participation for the purpose of intervening in this case. Davis reported that he had attended a meeting, and has learned that Arlington and the metropolitan cities are planning to form a coalition and intervene. Davis is not sure which group Stephenville should join. He learned that Garland and Fredericksburg each own their own electric company and buy gas from Lone Star Gas. There is a concern with this being a conflict of interest. Davis believes that there is merit in joining forces with those cities who are served by both TLJ Electric and Lone Star Gas. He explained that there is no cost to the City for an intervention. The utility company has to pay for the cost of the City intervening in these cases. That cost, however, is passed onto their customers. Councilmember Shelton made the motion to adopt Resolution No. 1996-11 authorizing intervention in Docket No. 8647 at the Railroad Commission of Texas. Councilmember Hodges seconded the motion which passed by unanimous vote. VII. FINANCE COMMITTEE --Consider Employing Don Henneke for Feasibility Study Councilmember Corbin introduced Don Henneke for his report. Henneke briefed the Council on the idea of capitalizing on the cowboy culture and history behind the City of Stephenville. This area has been an historical part of rodeo, Cutting Horse Association, and ranch He. He suggested that something like a Cowboy Historical Museum, with a society working as a coordinator, would be a benefit to the entire community. Councilmember Corbin made the motion to employ Don Henneke to conduct a feasibility study on the possibility of a Cross Timbers Cowboy Historical Society and Cowboy Capital of the World Museum. Councilmember Madkins seconded the motion, which passed by unanimous vote. Regular Business Meeting — November S, 1996 9 VUL PLANNING AND DEVELOPMENT COMMITTEE --Consider Approval of Plans and Specifications of New City Hall, Fire Station, and Fire Station Truck Room City Administrator Davis introduced Fred Parker, architect for the remodeling of the dormitory and the new truck bay and storage area at Fire Station No. 1 and also plans for the renovation and remodeling of the new City Hall. Parker presented floor plans and exterior elevation drawings and answered questions of the council. Davis pointed out that Betty Chew, Director of Community Development, and Fred Parker _have spent many hours on this project and commended them for their dedication and hard work. Councilmember Hodges made the motion to approve the plans and specifications. Councilmember Shelton seconded the motion, which passed by unanimous vote. Mayor Pollan asked that Item C.3. be removed from the Consent Agenda. Councilmember Madkins made the motion to approve the Consent Agenda as follows, with the exception of Item C.3. Bid Awards --Vehicles. Councilmember Hillin seconded the motion, which passed by unanimous roll call vote. IX. CONSENT AGENDA A. Approval of Minutes 1. Citizen's Discussion on October 1, 1996 2. Regular Business Meeting on October 1, 1996 3. Special Meeting on October 15, 1996 B . Bid Specifications 1. PC's 2. Street Signs C. Bid Awards 1. Uniforms 2. Food Service Inspector [3. Vehicles] Mayor Pollan explained the reason for removing Item C.3. Bid Awards --Vehicles was because there was a discrepancy in the bid specifications. Further review is necessary of the bids that have been received. Regular Business Meeting — November S, 1996 X. CITY ADMINISTRATOW S REPORT The City Administrator had nothing to report. XI. EXECUTIVE SESSION At 8:00 p.m., Mayor Pollan recessed the open portion of this meeting, and the Council went into executive session in compliance with the provisions of the Texas Open Meetings Law, Subchapter D, Closed Meeting, §551.071(l)(A), Government Code, Vernon's Texas Codes, Annotated, in accordance with the authority contained therein concerning Consultation with Attorney regarding pending or contemplated litigation. A. Texas Parks & Wildlife Department, et al v. Texas Water Commission, et al; Cause No. 432,066; In the 98th Judicial District Court, Travis County, Texas B. Bob LeFevre and Weldon Wilson v. City of Stephenville Mayor Pollan recessed the Executive Session at 8:30 p.m. and called the Council back into open session. XII0 ACTION TAKEN ON MATTERS DISCUSSED IN EXECUTIVE SESSION Councilmember Corbin made the motion to authorize City Administrator Don Davis to execute the settlement agreement when presented by the City's attorney in the LeFevre/Wilson suit. Councilmember Conatser seconded the motion, which passed by unanimous vote. XIIL ADJOURN There being no further business, Mayor Pollan adjourned the meeting at 8:31 p.m. 00<0.00, William L. Corbin, Mayor Pro -Tern ATTEST: � ice_%��:....r►�.� �.�•rd, dity Se*taryj Regular Business Meeting -- November S, 1996