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HomeMy WebLinkAbout1996-12-03 - Regular City CouncilMINUTES OF GENERAL BUSINESS MEETING City of Stephenville - City Council TUESDAY, DECEMBER 3, 1996 - 7:00 P.M. The City Council of the City of Stephenville, Texas, convened on December 3, 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 Pro-Tem Councilmembers Absent Others Attending: L CALL TO ORDER Bill Corbin Jerry B . Madkins Barbara Terrell Marshall Shelton Joel Hill* Scott Evans K. H. Conatser Billy Bob Hodges John Pollan Don Davis, City Administrator Cindy L. Stafford, City Secretary Randy Thomas, City Attorney Mayor Pro-Tem Corbin called the meeting to order at 7:00 p.m. and declared a quorum present. He mentioned that Mayor Pollan was out of the country on vacation. II. PLANNING AND ZONING COMMISSION and ANNEXATION COMMITTEE Jeff Blackwell, Chairman of the Planning and Zoning Commission, commended the Annexation Committee for their outstanding efforts on this project. He told the Council that the preliminary plan was submitted to the Planning and Zoning Commission by the Annexation Committee in October and was approved by the P&Z in November. He then introduced Alan Nix, C of the Annexation Committee. Regular Business Meeting -- December 3, 1996 Alan Nix reminded them that the Annexation Committee was appointed by the Council and began work in May of this year. The committee reviewed the City of Stephenville Comprehensive Plan 1990-2010, general annexation guidelines, state laws governing annexation, and basic criteria relative to annexation by Home Rule cities. The Committee divided the City into four quadrants and evaluated areas surrounding Stephenville to be considered for annexation. As the Committee reviewed each quadrant, it analyzed each area based on the four major components of the Comprehensive Plan: 1) the future land use for the area; 2) existing and proposed thoroughfares within the area; 3) utilities, including water system and wastewater system availability, solid waste management, and stormwater drainage; and 4) the Capital Improvements Plan as it relates to capital improvements to be made within the areas being considered for annexation. A review of the northeast and southeast quadrants of the City found utility extension to be a hindrance to growth and annexation. Extension of water and sanitary sewer mains to this area would be costly, due to the distance of sanitary sewer line extension needed to service these areas, and the underlying rock formations (which would add significantly to the cost of the utility extension). These areas have also experienced no significant growth in the last decade. The Committee does recommend annexing the two sections of airport runway. The southwest quadrant of the City provides adequate water and sanitary sewer mains to allow for growth and development of this area at nominal expense. The City's 1,000,000 gallon ground storage tank is located in this quadrant and the 750,000 gallon elevated storage tank, located in the northwest quadrant, will provide an adequate water supply and fire protection. This area is experiencing commercial and industrial growth. The northwest quadrant of the City presents some unique problems regarding annexation. There has been significant growth in this area over the past decade without the benefit of strategic planning for this growth. Due to the existing development and the lack of planning for infrastructure in this area, annexation of this area would place a significant burden on the City with regard to necessary infrastructure improvements. There is one area adjacent to the North Bosque River which could provide for residential growth, due to its proximity to Golf Country Estates and River North Subdivisions. Extension of utilities and rights -of -way from these two subdivisions will provide an area for residential development. The Committee, following the evaluation of each quadrant, recommends a two tiered plan for annexation. Plan A, which is recommended for implementation at this time, consists of 1,192 acres with areas being annexed to the north, south, and west of the City. Plan B, which may be implemented in the future, is a multi -phase plan with areas to be annexed in the south and north of the City. Plan B can be implemented in phases depending on growth occurring in the areas annexed in Plan A. The Committee feels these areas proposed for annexation meet the basic criteria necessary for annexation and are located in areas which have readily accessible water and sanitary sewer Regular Business Meeting -- December 3, 1996 lines, as well as being located adjacent to major thoroughfares within the City. These areas also allow for a combination of both residential and commercial development within our City. Members of the Annexation Committee present at the meeting were David Tomlinson, Dottie Corbin, and Marc McEndree. Other members are Joe Bob Huddleston, Carolyn Moore, James Wood, Ron Burk, and Danny Hodges. Councilmember Hillin raised the question why none of the developments [Heritage Hills and Peacock Addition] presently outside the city limits were not included in the Annexation Committee's proposal. Chairman Nix explained that because these lands were not developed in accordance with the City's Subdivision Ordinance, the City would be required to make the necessary improvements which would bring them in line with the ordinance. Doing this would be too costly for the City. Councilmember Conatser asked about the time -frame in which the City is required to provide the services. Nix stated that he thought the City would have to begin within two and one-half years and have the project virtually finished in four and one-half years. Nix also told the Council that the Annexation Committee has not made any estimations on the cost of providing services to annexed land. City Administrator made further explanation of the annexation process. He explained that the law provides that before public hearings can be held and final action can be taken on any proposed annexation, the Council has to employ a registered engineer to develop a "service plan" for the area proposed to be annexed. The service plan includes utility extensions and what would be necessary for all of the infrastructure within the proposed area. It is not necessary for the city to extend all of those services (i.e., vacant property). In answer to Councilmember Terrell's questions, Chairman Nix explained that only Plan A is being recommended at this time. He stated that there are restraints on the amount of land that can be annexed at one time. Plan A falls within those guidelines. Councilmember Shelton asked what the effect will be if development is made outside the city limits and does not conform to the City's Subdivision Ordinance. City Administrator Davis explained that the Subdivision Ordinance provides that any development within the one -mile extraterritorial jurisdiction (ETJ) must comply with the Subdivision Ordinance. Davis explained the reason why some of the developments presently within this one -mile ETJ do not comply with the ordinance is because several years ago, the developers were given variances to the ordinance. Betty Chew, Director of Community Development, also explained that prior to the mid 1980's, the City was not exercise its power or control with the Subdivision Ordinance in the ETJ. Chairman Nix added that annexed land will have the zoning designation of R-1. Regular Business Meeting -- December 3, 1996 Councilmember Evans made the motion to accept the recommendations of the Annexation Committee and the Planning and Zoning Commission to employ an engineer to develop a service plan for the proposed annexation plan. Councilmember Hodges seconded the motion, which passed by unanimous vote. III. PARKS AND RECREATION ADVISORY BOARD REPORT Mayor Pro-Tem Corbin commended this board for their hard work. Members of the Parks and Recreation Advisory Board present at the meeting were Connie Birdsong and Bee Bentley. The other members are Steve Gunn, Chairman, Annette Bradberry, Harold Campbell, Larry Mayfield, and Sam Taylor. City Administrator Davis explained that Ronnie Isham, Director of Community Services, was not able to be at the meeting due to his sister's death. Therefore, Davis made this report concerning the development of the City Park. Davis pointed out that there is a tract of land adjacent to the City Park that has been under consideration for several years. The board has determined that this tract is an integral part of the park development . The board is recommending that the City pursue the acquisition of land on Graham Street. Davis outlined the list of improvements being recommended by the board. He explained that the maximum grant allowed by the Texas Parks and Wildlife Department is $1 million (50/50 match by TPWD and City), which set the parameters under which the board was working on the development of Phase I of the City Park. The improvements being proposed are as follows: Construction of two ball diamonds Amphitheater Bosque River water features (including low water dam, correcting erosion) Picnic Units Playground Multiuse courts Demolition of two existing diamonds Construction of park road and parking lots Consulting, Engineering, and miscellaneous fees Total $ 285,000 100, 000 200, 000 85000 50,000 3 0, 000 5, 000 200, 000 122.000 $1, 000, 000 The third item of business from the Parks and Recreation Board concerned the approval of a Co-operative Agreement between the City of Stephenville and the Stephenville Independent School District. Davis explained that this agreement actually formalizes some arrangements that we have had with the school district for several years pertaining to the use of each parties' facilities. Regular Business Meeting -- December 3, 1996 Councilmember Evans made a motion to accept the recommendations from the Parks and Recreation Advisory Board and to refer to the Finance Committee the matters of purchasing the Walker property and the cost estimates for development of Phase I of the City Park. Councilmember Shelton seconded the motion which passed by unanimous vote. Councilmember Evans made a motion to adopt Resolution 1996-12 authorizing the Mayor Pro-Tem to execute an agreement between the City of Stephenville and the Stephenville Independent School District. Councilmember Terrell seconded the motion which passed by unanimous vote. IV. WATER PLANNING COMMITTEE REPORT Councilmember Evans introduced Sanford LaHue from Schrickel, Rollins and Associates who briefed the Council on the Methodist Branch and Clifton Heights Sanitary Sewer Line Projects. He informed the Council that the base bid includes the construction of approximately 5,500 feet of sanitary sewer line, and the estimated cost for the Methodist Branch is $451,196. The Clifton Heights phase includes approximately 3,700 feet of six-inch sewer line replacement at an estimated cost of $199, 3 02 . Councilmember Evans made a motion to approve the plans and specifications for the Methodist Branch and Clifton Heights Sanitary Sewer Line Projects. Councilmember Hillin seconded the motion which passed by unanimous vote. Councilmember Evans reminded the Council that $10,000 was approved in the 1996- 97 budget for the evaluation of the existing high service pump facilities to determine what effects the creation of two pressure zones within the water system had on the existing high service pump facilities and to upgrade some of the high service pumps. Evans made a motion to approve the request for proposal for evaluation of existing high service pump facilities. Councilmember Terrell seconded the motion which passed by unanimous vote. The third item of business concerned the annual inspection of the City's ground and elevated water storage facilities that is required by the Texas Natural Resource Conservation Commission. The inspection will include recommendations regarding any improvements that may be needed to comply with TNRCC regulations. Councilmember Evans made a motion to approve the request for proposal for the inspection of water storage facilities. Councilmember Hillin seconded the motion which passed by unanimous vote. Regular Business Meeting -- December 3, 1996 v. NOMINATIONS COMMITTEE REPORT Councilmember Terrell first acknowledged the work of the Annexation Committee and the Parks and Recreation Board. She stated that these are good examples of how the committees work, using citizen input. Terrell then read the following appointments to the various boards which have been recommended by the Nominations Committee, each for a two-year term beginning on January 1, 1997: Planning and Zoning Commission Place 1 Beth Leschper Place 3 Glen Moody Place 5 Allan Butcher Place 7 Place 9 Building Board Place 1 Place 3 Place 5 Electrical Board Place 1 Place 3 Place 5 Harvey Haynes Mike Trice David Jaquess Danny Phillips Bill Cogburn Johnny Davis Richard McDonald Jon Bragg Dangerous Buildings Abatement Board Place 1 Brad Chilton Place 3 Bob Kimball Place 5 Alvin Essenburg Parks and Recreation Advisory Board* Bee Bentley Sam E. Taylor, 11 Board of Adjustment Place 1 Robert Fain Place 3 Vernon Sweeney Place 5 Carroll Cawyer Alternate 1: Bea Marin Mechanical Board Place 1 Bobby Mangrum Place 3 Gary Lawson Place S George Frazor Plumbing Board Place 1 Larry Hammett Place 3 J. D. Walker Place 5 Bobby Mangrum Place 7 Dan Rivers Airport Advisory Board Place 1 Robert McBride Place 3 Charles Roe Place 5 Curry Nelms Place 7 Dwayne Snider Councilmember Terrell made a motion to accept the above nominations. Councilmember Conatser seconded the motion which was passed by unanimous vote. Terrell reported that this committee also considered an appointment to the Erath County Appraisal District Board of Directors. Terrell made a motion, seconded by Councilmember Shelton to appoint John Pollan to the Erath County Appraisal District Board of Directors. The motion carried by unanimous vote. Regular Business Meeting — December 3, 1996 V. CONSIDER THE APPROVAL OF THE INSTALLATION OF THE WOLFE NURSERY SIGN Mayor Pro-Tem Corbin opened this subject for discussion and stated that the recommendation for the placement of the sign is in the median at the intersection of US 377/67 and Wolfe Nursery Road. City Administrator Davis reported that the sign is larger than some realized (25 feet tall) and will require a secure pole and foundation. He explained that Day/Night Signs has submitted a bid in the amount of $2,100 which includes drilling a 36 inch diameter hole and set the pole in concrete within that hole. The sign would be at least ten feet off the ground to allow for sight clearance. Councilmember Evans asked who determines the place for the sign, and Davis answered that it would be the Council's decision. Davis explained that the Council would need to decide if this project is to be pursued, and if so, where would the sign be located. Davis stated that the proposed agreement allows for the City and Hugh Wolfe to agree upon the site. Councilmember in expressed concern over the necessary requirements being met in erecting this sign, especially satisfying Texas Department of Transportation's requirements, determining a site, and specifying costs to be assumed by the City. in moved to table this matter until we get more information. in stated that he would like to give each Councilmember the opportunity to inspect the sign and location. Councilmember Evans seconded the motion. Evans expressed some of the same concerns about this project. In answer to Councilmember Hodges question, Davis informed the Council that there is no proposal for this sign to be lighted, thus raising another concern about the proposed agreement. Hodges said that this could be a hazard if placed in the median and not lighted. Councilmember Madkins asked, since he is a new member on the Council, if it had been determined that the Council does want the sign. He was informed that the Council had never formally acted on this matter. Madkins suggested that the Council be polled to determine if the councilmembers want to accept the sign. Vote was taken on Hillin's motion, which vote is as follows: Yea: Councilmembers Madkins, ' Terrell, Shelton, Hillin, Evans, Hodges, and Mayor Pro- Tem Corbin. NaX: Councilmember Conatser. The Council was polled to answer the question, "Are you in favor or opposed to accepting the Wolfe Nursery sign?" Councilmembers comments are as follows: Regular Business Meeting -- December 3, 1996 Hodges: In favor of accepting the sign based on what we find out concerning the maintenance of the sign. Conatser: In favor of accepting the sign, finding a suitable location for it, and preserving apiece of Stephenville history. Evans: Recognizing that many of his constituents would like to see the sign preserved, he is agreeable to accepting it. He doesn't want to spend taxpayer dollars to maintain the sign or to illumine it. He does not think it should be placed in the median of Wolfe Nursery Road. He believes it would be a hazard in that location. He wants to know "exactly what we're gettin' into". He said that this matter has been before the Council two times now and Councilmembers have had the same concerns both times. Corbin: In agreement with what has been said thus far. Hillin: In agreement with other councilmembers. Shelton: If the conditions are met that have been mentioned, he would be in agreement. Terrell: The sign is a piece of history and we need to preserve it. She doesn't know "where" the best location is, however. She suggested that the Museum grounds might be a good location. Madkins: Agreeable to having the sign. Councilmember Conatser requested that Item "C.1. Vehicles" be removed from the Consent Agenda. Councilmember Evans made the motion to accept the Consent Agenda as follows, with the exception of Item "C.1. Vehicles". Councilmember Madkins seconded the motion, which passed by unanimous roll call vote. VIE. CONSENT AGENDA A. Approval of Minutes 1. Citizen's Discussion on November 5, 1996 2. Regular Business Meeting on November 5, 1996 B. Approval of Improvements to One Garden Place C. Bid Awards Regular Business Meeting -- December 3, 1996 m 1. Vehicles 2. Computers 3. Street Signs D. Bid Specifications --Street Repair Materials Councilmember Conatser stated that he had no problem with the police vehicles, but he questioned the expenditure for a vehicle for the code enforcement officer. Conatser made a motion to approve the purchase of all vehicles except for the purchase of the code enforcement officer vehicle. Councilmember Madkins seconded the motion. Councilmember Shelton inquired of City Administrator Davis for any research or evaluation that may have been done when considering the 4x2 sport utility vehicle. Davis stated that this matter was looked at prior to budget. In response to the issue of using the used police vehicle, Davis explained that it would not even run. He explained that when this department was created two years ago, the used police vehicle was assigned to that department because we want to make sure the department operated effectively and efficiently. Upon evaluating that department, it appears it is an effective operation and we need to have a new vehicle assigned to the department. Experience has proved that running the old cars is not cost effective. The 4x2 sport utility vehicle is very practical for the operation of the code enforcement department. Some of the features which make it more suitable than a pickup are: 1) protected area for hauling equipment, 2) better gas mileage, 3) more passenger room, 4) sturdier build for driving to construction sites. Factoring in the gas savings over the life of the vehicle, the modifications that would need to be made to a pickup, and the difference in the trade-in value, the sport utility vehicle is more preferable. Vote on the motion was then taken. The motion passed by the following vote: Yea: Councilmembers Conatser, Hillin, Shelton, Madkins, and Mayor Pro -Tern Corbin. NaX: Councilmembers Hodges, Evans, Terrell VIII. CITY ADMINISTRATOR'S REPORT City Administrator Don Davis introduced Jennifer Wright, administrative intern from Tarleton State University. Davis reminded the Council that we have made arrangements with Tarleton to provide us with an administrative intern during this school year. The city has used interns in the Police Department and the Recreation Department. IX. EXECUTIVE SESSION At 8:31 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 Regular Business Meeting -- December 3, 1996 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 C. City of Stephenville v. C. D. Youngblood (condemnation) D. City of Stephenville v. Cecil Ford (condemnation) Mayor Pollan recessed the Executive Session at 8:48 p.m. and called the Council back into open session. X. ACTION TAKEN ON MATTERS DISCUSSED IN EXECUTIVE SESSION No action was taken by the Council on matters discussed in Executive Session. X. ADJOURN There being no further business, Mayor Pollan adjourned the meeting at 8:49 p.m. John ollan, Mayor %ST: Cindy L.?iFord, City etary Regular Business Meeting -- December 3, 1996