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HomeMy WebLinkAbout1997-09-02 - Regular City CouncilMINUTES OF GENERAL BUSINESS MEETING City of Stephenville - City Council TUESDAY, SEPTEMBER 2, 1997 - 7:00 P.M. The City Council of the City of Stephenville, Texas, convened on September 2, 1997, 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 John Pollan Councilmembers Jerry B . Madkins Barbara Terrell Marshall Shelton Joel Hillin K. H. Conatser Billy Bob Hodges Bea Marin Bill Corbin Others Attending Don Davis, City Administrator Cindy L. Stafford, City Secretary Randy Thomas, City Attorney I. CALL TO ORDER. Mayor Pollan called the meeting to order at 7:00 p.m. and declared a quorum present. He recognized and welcomed members of Dr. Jeremy Curtoys' government class from Tarleton State University. H. CITIZENS' GENERAL DISCUSSION No one wished to speak to the Council. M. ANNUAL REPORT FROM THE CROSS TIMBERS FINE ARTS COUNCIL Dr. W. 0. Trogdon appeared before the Council to answer any questions about the report that has been submitted. The report is attached hereto. Trogdon expressed General Business Meeting -- September 2, 1997 00062Cr, appreciation on behalf of the Fine Arts Council to Ronnie Isham, Director of r7Community Services, for all his efforts over the years. Trogdon also added that one of the FAC's goals is, in the years ahead, to provide a cultural event once a month once the band shell is completed in the City Park. Councilmember Corbin moved to accept the report of the Cross Timbers Fine Arts Council. Councilmember Hillin seconded the motion, and it passed by unanimous vote. IV. NOMINATIONS COMMITTEE Councilmembers members gave this report. The Nominations Committee is recommending the creation of a Library Board and a Senior Citizens Advisory Board. Councilmember Terrell moved to adopt Ordinance No. 1997-14 creating a Library Board. Councilmember Conatser seconded the motion which passed by unanimous vote. Councilmember Terrell moved to appoint the following people to serve on the Library Board: Dr. O. A. Grant ri Jana Thomas Jan McSwain Dr. Robert Walker Mary Joe Clendenin (Twentieth Century Club) Betty McIntosh (Twentieth Century Club) Marjie Derrick Councilmember Madkins seconded the motion which passed by unanimous vote. Councilmember Terrell moved to adopt Ordinance No. 1997-15 creating a Senior Citizens Advisory Board. Councilmember Conatser seconded the motion which passed by unanimous vote. Councilmember Terrell moved to appoint the following people to serve on the Senior Citizens Advisory Board: Jerree Herrington Ron Dorris Darrell Brown Robert Burns Lavinia Lohrmann Councilmember ilmember Marin seconded the motion which passed by unanimous vote. General Business Meeting -- September 2, 1997 00062C V. PERSONNEL COMMITTEE --Consider the Approval of Evaluation Forms and Guidelines Councilmember Madkins reported that this committee had reviewed and discussed the new evaluation forms and guidelines. Madkins moved that the evaluation forms and guidelines as presented to the Council be approved effective October 1, 1997. Councilmember Shelton seconded the motion which passed by unanimous vote. VI. ORDINANCE LEVYING A TAX RATE FOR TAX YEAR 1997 Councilmember Madkins moved to adopt Ordinance No. 1997-16 levying the tax rate of $0.43 3 for the year 1997. Councilmember Corbin seconded the motion which passed by unanimous vote. VII. CONSIDER EMPLOYING GARY & TRAYLOR & ASSOCIATES, Governmental Consultants and Planners Mike Duran, Vice President of this company explained that his firm had been contacted in regard to the Texas Capital Fund Program. The application will be made for grant monies to improve the infrastructure at the airport. This is a 100% grant with no local match. The City proposes to use this money to install water and sewer and improve the road into the airport. This firm will prepare the grant application at no cost. If the City receives the grant, Gary R. Traylor & Associates will be hired as the grant administrator. Councilmember Corbin moved to employ Gary R. Traylor & Associates for making application for Texas Capital Funds under the Texas Community Development Program. Councilmember Terrell seconded the motion which passed by unanimous vote. VIII. CONSIDER AN ORDINANCE PROHIBITING PARKING ON SOUTH HARBIN DRIVE Councilmember Hillin moved that the Council adopt Ordinance 1997-17 prohibiting parking on South Harbin Drive between Washington Street and the South Loop. Councilmember Marin seconded the motion which passed by unanimous vote. General Business Meeting -- September 2, 1997 00062 1 IX. CONSIDER THE ADVANCE FUNDING AGREEMENT FOR STANDARD HIGHWAY PROJECTS City Administrator Don Davis explained that in 1988 the City entered into an agreement with the Texas Department of Transportation to construct and extend Harbin Drive from Washington Street to US 67/3 77. As a part of that contract, the City agreed to purchase all of the right of way necessary for the street, relocate any of the utilities, and pay for the cost of constructing a continuous curb and gutter, storm sewers, driveways, and sidewalks. The City's share for the curb, gutter, sidewalk, driveway, etc. is $64,662.29. This money has been set aside in the right-of- way reserve account. Councilmember Marin made a motion to authorize the Mayor to execute the Advance Funding Agreement for Standard Highway Projects. Councilmember Corbin seconded the motion which passed by unanimous vote. X. CONSIDER A CHANGE TO THE CITY COUNCIL RULES OF PROCEDURE City Attorney Randy Thomas explained that when the Rules of Procedure were amended on April 1, 1997, the Citizens' General Discussion was moved from the time period 6 : 3 0pm to 7 : 00pm and placed as the first item on the agenda for the General Business Meeting. The intent of §5. I.a. was to ensure the "Citizens' General Discussion" did not encroach on the regular business meeting. Thomas advised the Council that §5. 1. a. was passed properly on April 1, 1997 along with the other amendments and is in effect at this time. Councilmember Conatser made a motion to delete §5. l .a. from the City Council Rules of Procedure. The motion failed for lack of a second. XI. CONSIDER WAIVING BUILDING PERMIT FEE FOR STEPHENVILLE LIONS CLUB TO BUILD DONALD SMITH BOY SCOUT HOUSE ON SISD PROPERTY City Administrator Davis explained that the Stephenville Lions Club has requested this waiver of permit fees. Davis stated that the City s bond indenture prohibits us from making any iconsideration on utility charges or fees. However, he considers t appropriate ro riate if the Council wishes to waive the building permit fee. Davis stated that this building on is property owned by the Stephenville Independent School District p p y and would become an asset to the community. General Business Meeting -- September 2, 1997 aoas2c Councilmember Madkins made a motion to waive the building permit fees be waived for the building of the Donald Smith Boy Scout House to be built by the Stephenville Lions Club. Councilmember Marin seconded the motion which passed by unanimous vote. XII. CONSENT AGENDA: Councilmember Corbin requested that Item C. "Second Reading of the United Telephone of Texas, Inc./Sprint Franchise" be removed from the Consent Agenda. Councilmember Madkins moved approval of the remainder of the Consent Agenda (Items A. and B.). Councilmember Marin seconded the motion which passed by unanimous roll call vote. A. Approval of Minutes of Regular Business Meeting on August 5, 1997 B. Approval of Minutes of Special Meeting on August 19, 1997 C. Second Reading of the United Telephone of Texas, Inc./Sprint Franchise Councilmember Corbin made the following statement: "Some concern has recently been expressed in the Stephenville Empire - Tribune about the negotiations with Sprint United over a new franchise. Specifically, it stems from the proposed increase in the franchise fee. The purpose with this statement is to clarify the situation. "The Texas Public Utility Commission granted permission to Sprint United to pass directly to its customers the franchise fee charged by the City of Stephenville for the use of the public's streets and rights of way. This fee has been paid by the stockholders of Sprint United. Presently, the fee is two percent (2%) of the gross receipts generated within the corporate limits of the City of Stephenville. This pass through can be accomplished without City Council permission or approval. "When the City learned of Sprint's intentions to change the method by which they pay its franchise fee, it was thought that this would be an appropriate time to have the telephone company pay the same amount of franchise fee as the electric company, gas company, and the city's utilities, all of whom are paying 4% (negotiations are presently under way with the cable company to increase its fee to 4%). This would then bring the telephone company in line with the other utility companies. Waste Management however, is presently paying a five percent (5%) franchise fee. General Business Meeting -- September 2, 1997 26" f "The advantage to the City of converting this charge on a "per -access -line" 71 basis is twofold. First, this fee would be transferred to any competing telephone company that elected to operate within the corporate city limits. Additionally, this competitor would be paying four percent (4%) like all the other utility companies. Secondly, it would guarantee that the City would receive fair payment from all the telephone companies for the use of our streets and public rights of way. As competitors enter into the market, if the franchise fee was based upon Sprint United's gross receipts, competitors would not pay anything, and Sprint United would pay less because its gross receipts would be less. "In conclusion, this arrangement would ensure that any telephone company doing business in Stephenville (including Sprint United) would pay the same amount for the use of the public rights of way as does Texas Utilities, Lone Star Gas, the city utilities, and Northland Cable Television. Jim Young, 1330 North Lillian, Stephenville, Texas, presented the Council with a memo from an organization to which he belongs --the Community Builders Club. (Copy of memo attached hereto.) Councilmember Corbin moved to accept the second reading of this ordinance. Councilmember Marin seconded the motion which passed by the following vote: A Councilmembers Madkins, Terrell, Hillin, Shelton, Corbin, Conatser, Hodges, Marin, and Mayor Pollan. Noes: Councilmember Conatser XIII. CITY ADMINISTRATOR'S REPORT City Administrator Don Davis advised that he had nothing to report. XIv. EXECUTIVE SESSION At 8:08 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, §551.072, Government Code, Vernon's Texas Codes, Annotated, in accordance with the authority contained therein concerning deliberation of the purchase, exchange, lease or value of real property and §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. Consider leasing to CSI, Inc. 4.88 acres situated north of Airport Road near the Fire Training Field B . City of Stephenville v. Clovis Russell (condemnation) General Business Meeting -- September 2, 1997 XVII. ACTION TAKEN ON MATTERS DISCUSSED IN EXECUTIVE SESSION (if necessary) At 8:45 p.m., Mayor Pollan called the Council back into regular session. No action was taken by the Council. XVIII. Adjourn ATTEST: There being no further business to come before the Council, the meeting was adjourned at 8 : 46 p.m. • d eity Se##ry Jo Pollan, Mayor General Business Meeting -- September 2, 1997 G3