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HomeMy WebLinkAbout2018-03-06 - Regular City CouncilMINUTES 4p^'� City of Stephenville I ! iE*IS Regular City Council Meeting Tuesday, March 6, 2018 at 5:30 PM The Regular City Council Meeting of the City of Stephenville, Texas, convened on Tuesday, March 6, 2018, at 5:30 PM, in the Council Chambers at City Hall, 298 West Washington Street, for the purpose of a Regular 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: COUNCIL PRESENT: Mayor Kenny Weldon Council Member Mark McClinton Council Member Doug Svien Council Member Brady Pendleton Council Member Rhett Harrison Council Member Alan Nix Council Member Sherry Zachery Council Member Jerry Warren COUNCIL ABSENT: Council Member Carla Trussell OTHERS ATTENDING: Allen Barnes, City Administrator Staci King, City Secretary Randy Thomas, City Attorney Call to Order The meeting was called to order at 5:30 p.m. II. Pledge of Allegiance to the United States Flag Pledge of Allegiance to the Texas Flag III. Invocation by David Bearden, Graham Street Church of Christ, Stephenville IV. Regular Agenda 1. Consider Approval of Resolution No. 2018-R-02 Recognizing the FAITH Knights Football Team MOTION by Mark McClinton, second by Alan Nix, to approve Resolution No. 2018-R-02 recognizing the FAITH Knights' seventh -consecutive state championship. MOTION CARRIED by unanimous vote. 2. Citizens' General Discussion No one came forward to address the council. 3. Stephenville Police Department 2017 Racial Profiling Report - Dr. Alex del Carmen, Del Carmen Consulting, LLC Chief Jason King introduced Dr. Alex del Carmen to present the Stephenville Police Department's 2017 Racial Profiling Report. Dr. del Carmen began by congratulating the Mayor and City Council for having an outstanding Police Department. Dr. del Carmen reported on the following data: (1) Tier 1 Data Motor Vehicle -Related Contact Information (1/1/17-12/31/17) Race/Ethnicity* Contacts N % Searches N % Consensual Searches N % PC Searches N % Custody Arrests N % Caucasian 2,258 76 108 62 40 80 62 54 41 56 African 176 6 28 16 2 4 26 23 7 10 Hispanic 470 16 36 21 7 14 26 23 24 33 Asian 22 .7 0 0 0 0 0 0 0 0 Native American 7 .2 0 0 0 0 0 0 0 0 Middle Eastern 8 1 .3 1 .6 1 2 1 0 1 0 1 0 0 Other Total 41 2,982 1 1 100 2 1 175 1 100 0 50 0 100 1 115 .9 100 1 1 73 1 1 100 "N" represents "number' of traffic -related contacts * Race/Ethnicity is defined by Senate Bill 1074 as being of a "particular descent, including Caucasian, African, Hispanic, Asian, Native American or Middle Eastern". **Figure has been rounded Total Number of Instances where Officers Knew/did not Know Race/Ethnicity of Individuals 5erore being ueramea it/1/1y--12/sl/1yi Total Number of Instances where Officers Knew Race and Ethnicity of Individuals Before Being Detained Total Number of Instances where Officers Did Not Know the Race and Ethnicity of Individuals Before Being Detained 111 1 2,873 City Of Stephenville City Council -06 Mar 2018 (II) Motor Vehicle -Contacts and Fair Roads Standard Comparison Comparison of motor vehicle -related contacts with households in Stephenville that have vehicle access (in percentages). (1/1/17-12/31/17) Race/Ethnicity* Caucasian Contacts (in percentages) 76 Households with vehicle access (in percentages) 86 African 6 3 Hispanic 16 10 Asian .7 N/A Native American .2 N/A Middle Eastern .3 N/A Other Total 1 100 N/A 99** * Race/Ethnicity are defined by Senate Bill 1074 as being of a "particular descent, including Caucasian, African, Hispanic, Asian, Native American and Middle Eastern". **Represents rounded figure A check above indicates that the Stephenville Police Department has not received any complaints, on any members of its police force, for having violated the Texas Racial Profiling Law during the time period of 1/1/17 ---- 12/31/17. Lomplalnts rneo Tor rossinle violations oT I ne I exas Kacial Pronling Law Complaint Alleged Violation Disposition of the Case No. City Of Stephenville City Council - 06 Mar 2018 Tier 1 (2017) Motor Vehicle -Related Contact Analysis When analyzing the Tier 1 data collected in 2017, it was evident that most motor vehicle - related contacts were made with Caucasian drivers. This was followed by Hispanic and African American drivers. With respect to searches, most of them were performed on Caucasian drivers. This was followed by Hispanics and African Americans. It is important to note that the arrest data revealed that Caucasian drivers were arrested the most in motor vehicle -related contacts. Fair Roads Standard Analysis The data analysis of motor vehicle contacts to the census data relevant to the number of "households" in Stephenville who indicated, in the 2010 census, that they had access to vehicles, produced interesting findings. Specifically, the percentage of individuals of African American and Hispanic descent that came in contact with the police was higher than the percentage of African American and Hispanic households in Stephenville that claimed, in the 2010 census, to have access to vehicles. With respect to Caucasians, a lower percentage of contacts were detected. That is, the percentage of Caucasian drivers that came in contact with the police in 2017 was lower than the percentage of Caucasian households in Stephenville with access to vehicles. Summary of Findings The comparison of motor vehicle contacts showed that the Stephenville Police Department came in contact (in motor vehicle -related incidents) with a smaller percentage of Caucasian drivers than the percentage that resided in Stephenville and had access to vehicles. Further, the data suggested that the percentage of African American and Hispanic drivers that came in contact with the police in 2017 was higher than the percentage of African American and Hispanic households in Stephenville with access to vehicles. In addition, the data showed that in a large number of instances, officers did not know the race or ethnicity of individuals before detaining them, when compared to instances where officers knew the race/ethnicity of individuals before they were detained. While considering the findings made in this analysis, it is recommended that the Stephenville Police Department should continue to collect and evaluate additional information on motor vehicle contact data (i.e., reason for probable cause searches, contraband detected) which may prove to be useful when determining the nature of the contacts police officers are making with all individuals; particularly with African American and Hispanics. Although this additional data may not be required by state law, it is likely to provide insights regarding the nature and outcome of all motor vehicle contacts made with the public. As part of this effort, the Stephenville Police Department is now required by law to: 1) Perform an independent search analysis on the search data collected throughout2018. 2) Commission data audits in 2017 in order to assess data integrity; that is, to ensure that the data collected is consistent with the data being reported. The Stephenville Police Department has complied with the Texas Racial Profiling Law. MOTION by Doug Svien, second by Mark McClinton, to accept the 2017 Racial Profiling Report. MOTION CARRIED by unanimous vote. City Of Stephenville City Council -06 Mar 2018 4. Consider Approval of Ordinance No. 2018-0-07 Approving a Tariff Authorizing an Annual Rate Review Mechanism by Atmos Mid -Tex Shelley Burnett, Atmos Energy, was present to answer any questions regarding the rate review mechanism. She explained that the city of Stephenville is part of the Atmos Steering Committee which negotiates on behalf of the member cities. The proposed ordinance is a result of negotiations between Atmos and the steering committee. Rates will be negotiated in the near future and implemented by October 1. This ordinance is not an agreement to rates, but simply to the negotiation of the rates. MOTION by Brady Pendleton, second by Mark McClinton, to approve Ordinance No. 2018-0-07 Approving a Tariff Authorizing an Annual Rate Review Mechanism by Atmos Mid -Tex. MOTION CARRIED by unanimous vote. 5. Consider Approval of Ordinance No. 2018-0-08 Adopting the City of Stephenville Policy and Procedure Manual Mayor Weldon asked that the title be amended to "City of Stephenville Personnel Policy and Procedure Manual." Mayor Weldon thanked the Personnel Committee and staff for their hard work on producing this document. MOTION by Mark McClinton, second by Brady Pendleton, to approve Ordinance No. 2018-0-08 adopting the City of Stephenville Personnel Policy and Procedure Manual. MOTION CARRIED by unanimous vote. 6. Consider Approval of Contract Extension with the Erath County Humane Society The extension of the Erath County Humane Society contract is set to expire on March 30. Negotiations for the sale of the old shelter and the building of a new facility are still underway. Staff recommended another six month extension to be approved. MOTION by Brady Pendleton, second by Alan Nix, to approve the lease extension with the Erath County Humane Society in the amount of $9,500. MOTION CARRIED by unanimous vote. V. Hotel Occupancy Tax Funds 1. Consider Approval of Hotel Occupancy Tax Funds Application from American Bucking Bulls Inc. - Stephenville Spring Fling This is ABBI's ninth year producing the "Stephenville Spring Fling." Attendance is expected to be 100-300. ABBI has reserved a 40-room block at local hotels; they anticipate additional room reservations as well. The event has also been expanded this year and will draw in an additional 25-50 stock contractors. ABBI is requesting an additional $250 from last year to cover additional advertising. MOTION by Doug Svien, second by Sherry Zachery, to approve ABBI's application in the amount of $6,500. MOTION CARRIED by unanimous vote. City Of Stephenville City Council - 06 Mar 2018 2. Consider Approval of Hotel Occupancy Tax Funds Application for "On the Bosque Baseball Tournament" Last year this tournament brought in roughly 40 teams, with half of those being from outside of Stephenville, and was estimated to have a financial impact of $180,000 in 2017. A 50-room block has been reserved for teams this year. MOTION by Mark McClinton, second by Doug Svien, to approve the Stephenville Sox "Baseball on the Bosque" tournament in the amount of $1,800. MOTION CARRIED by unanimous vote. VI. Planning and Zoning Commission 1. Public Hearing - Case No. RZ2018-002 Applicant, Jennifer Bayoud, is requesting a rezone Lot 3A, Block 2, of the Butler Addition to the City of Stephenville, Erath County, Texas from Single Family Residential District (R-1) to Multi Family Residential District (R-3). Mayor Weldon opened the public hearing. Jeremy Allen presented to case to council. Mr. Allen stated that this rezone did not comply with the city's future land use. The Planning and Zoning Commission made a unanimous, positive recommendation to council. No one came forward to speak in favor of, or opposition to, the rezone. 2. Consider Approval of Ordinance No. 2018-0-09 MOTION by Brady Pendleton, second by Doug Svien, to approve Ordinance No. 2018-0-09 rezoning Block 2 Lot 3A of the Butler Addition. MOTION CARRIED by the following votes: Ayes: Doug Svien, Brady Pendleton, Rhett Harrison, Sherry Zachery, and Jerry Warren Noes: Mark McClinton and Alan Nix 3. Public Hearing - Case No. RZ2018-003 Applicants David Baskett and Joseph Borges are requesting a rezone of Lots 1,2,3, and 4, Block 8, of the First Frey Addition to the City of Stephenville, Erath County, Texas, from Industrial District (1), to Multiple Family Residential District (R-3). Mayor Weldon opened the public hearing. Jeremy Allen presented the case to council. Mr. Allen stated that the zoning does not comply with the future land use, however the new zoning would be more restrictive than the current land use. The properties bordering are also zoned R-3. The Planning and Zoning commission gave a unanimous, positive recommendation. City Of Stephenville City Council -06 Mar 2018 David Baskett, property owner, addressed to the council to inform of his plans for the property. He stated that the plan was to relocate two houses to the property that would be renovated and be used for rental properties. Mayor Weldon closed the public hearing. 4. Consider Approval of Ordinance No. 2018-0-10 MOTION by Mark McClinton, second by Doug Svien, to approve Ordinance No. 2018-0-10 rezoning Lots 1,2,3, and 4, Block 8, of the First Frey Addition. MOTION CARRIED by unanimous vote. VII. Committee Reports 1. Charter Committee Staff will bring the formalized propositions to council at the regular council meeting. No action taken. Vill. MONTHLY BUDGET REPORT Monthly Budget Report for the Period Ending January 31, 2018 Monica Harris, Director of Finance and Administration, gave the following report: In reviewing the financial statements ending January 31, 2018, the financial indicators are expected or better than expected. Property Tax - We received $2.5 million in property taxes in the month of January, resulting in a $533K increase over funds collected through January 31st of last year. Erath County normally collects 92% of the property taxes for Stephenville through January; the amount collected this year is 94% of budget. Sales Tax - We received $465K in sales tax in January, resulting in $81K over the target budget through January 31st. We have received $33K or 1.67% more than last year. Revenue (Budgetary comparison) - The target budget for operating revenue is $7.9 million. We received $11.3 million in revenue, resulting in $3.4 million over budget. This is a result of property taxes, which are billed in October and due by January 31st. Expenditures (Budgetary comparison) - The target budget for operating expenditures is $6.3 million. We expended $6 million, resulting in $321K under budget. Revenue (Prior year comparison) - Operating revenue received last year was $10.6 million as compared to the current year's $11.3 million, resulting in a $723K increase due to property taxes, sales taxes, service charges, and grants. Expenditures (Prior year comparison) - Operating expenditures last year were $5.9 million as compared to the current year's $6 million, resulting in a $117K increase due largely to paying the liability insurance annually instead of quarterly. New Programs - Five (5) vehicles were purchased for Criminal Investigations and $16,380 of the $875K budgeted for Street Improvements has been spent. City Of Stephenville City Council - 06 Mar 2018 IX. Stephenville Type B Economic Development Authority Update 1. Ashleigh Feuerbacher, Director of Marketing and Administration, SEDA, gave the following report: Project Blue - The project manager for the Stephenville site was in town Friday. SEDA staff drove him to the site for his initial assessments as they move closer to setting up for construction. I stopped to see one of the representative on 2/23/18 and he was happy to report that all items on their end were moving forward in a positive direction. The waterline extension for West Washington is positive and moving forward. BUSINESS DEVELOPMENT Dallas Regional Marketing - Several leads from the Dallas Regional Chamber have come in to the SEDA office. We responded to two of the projects that were requesting access, acreage, or buildings that matched our profile. These projects are in the early stages and we will update you as things progress. Two additional projects are also in the works: Project — FM and R; Project Long Run. More information will be given as SEDA is able. Local real estate broker has met with SEDA staff. He brought two commercial projects that he wants to share so that our partnership can provide a confident and energetic presence. Office of the Governor — April 10-12 - Invitation extended to WCX 2018 to partner with the Office of the Governors EDT and Oncor to attend. DEVELOPMENT DISCUSSIONS From TEDC conversation starters were had with the following: a. Rolando B. Pablos, Secretary of State, who mentioned looking for rural areas to promote business in Texas. b. Richard Seline, ED of Accelerator H2O, who during his presentation mentioned rural agricultural areas needed for partnerships in innovative ways to preserve and re use water. QUALITY OF LIFE/ COMMUNITY DEVELOPMENT TDA - SEDA staff has an application for the rural areas tourism audit. Nate and I have discussed the need for this tool in Stephenville. Application will be given to city staff. TEDC — An additional contact made at TEDC was with the Texas media group / Texas Hill Country.com / authentic Texas — they are interested in Stephenville I Farmers Market — The Downtown Merchant Association kicked off their Farmers market this past Saturday. They also have a wedding walk scheduled for March 24, 2018. Their membership is increasing and the energy and excitement amongst the merchants to promote Stephenville is contagious. City Of Stephenville City Council - 06 Mar 2018 SEDA Spotlight The Board of Directors started the 2018 year by inviting a current manufacturer to our 911 monthly meeting. The board wants to encourage current business and manufacturer leaders that are supplying the community with primary jobs. January's spotlight was Outlaw Conversion and owner John Walker came with a brief update that created an encouraging dialogue about the operation he runs. Technip FMC is scheduled for next month, then Emerson Electric to follow. Along with the monthly spotlight, we will also be making several site visits. *Also, we have contacted a local company at the request of Mr. Barnes. We will work with him to develop a conversation and follow thru on the items of concern related to this business potentially relocating from Stephenville. WORKFORCE / JOB TRAINING Consensus Meeting - The Stephenville Economic Development Corporation created a sub -committee to discuss pre -employment training and certification for the local workforce. The need evolved from evaluation of current needs, local and state data, and the desire to create a proactive local workforce development plan. I attended this meeting and have been in correspondence with Justin Hashcke, Adam Kern and the local high school counselor about items discussed. EXECUTIVE DIRECTOR - The position for the executive director has received over 30 applications. The SEDA board is reviewing applicants and will begin to narrow the field. CONSULTANT AGREEMENT— As requested, the monthly memo regarding the hours billed out in February were distributed to council. The SEDA Board looks forward to the upcoming joint workshop with the Stephenville City Council. With scheduling assistance from the city, we were able to place a time on the calendar that would work for all SEDA and City Council members. We look forward to seeing you Thursday March 22, 2018 at 5:30 p.m. Details and the agenda will follow ..... X. CONSENT 1. Consider Approval of Council Minutes Regular City Council Meeting - February 6, 2018 Special City Council Meeting - February 14, 2018 2. Consider Approval of Ordinance No. 2018-0-11 Dangerous Buildings and Structures 3. Consider Amendment of the Zoning Ordinance, Section 12.37 - Projection Sign 4. Consider Approval of Resolution No. 2018-R-03 Authorizing a Grant Application for an Emergency Response Command Trailer 5. Consider Approval of Using BuyBoard to Contract Services for Splashville Resurfacing Project City Of Stephenville City Council - 06 Mar 2018 6. Consider Approval of Contract with Erath County Clerk for Election Services MOTION by Mark McClinton, second by Sherry Zachery, to approve items 1-6 of the consent agenda. MOTION CARRIED by unanimous vote. 7. Consider Approval of Airport Land Lease Agreement The Airport Land Lease Agreement was pulled from consent agenda pending clarification in the contract. Staff will bring the agreement back to council for approval at a later date. XI. Comments by City Administrator • Council Committee Meetings -Tuesday, March 20 • City Hall Closed Friday, March 30 for Good Friday • Strategic Plan Update XII. Comments by Council Members Mark McClinton thanked city staff for all of their hard work during the ice storms and stated what a great job everyone did. On March 24 there will be a community work day for the renovation of Bill Johnson Park. It is a great way for the community to get involved and do good work. Doug Svien told Chief King that it is always nice to have official notification from someone else that you're doing a great job, but the council didn't need a report to know that. Rhett Harrison wanted to remind everyone that Rudy Ruettiger will be speaking at Tarleton on March 23 in Wisdom Gym. Alan Nix wanted to thank citizens of Stephenville for coming together and helping each other after the ice storm. Mr. Nix also acknowledged the city staff's hard work during and after the storm as well. Mr. Nix said he is honored to serve the city of Stephenville. Sherry Zachery said her neighborhood also came together to help each other after the ice storms and it was outstanding. She feels blessed to live in Stephenville. Jerry Warren expressed his displeasure with Atmos Energy. Kenny Weldon wanted to recognize the great response of city residents and staff in the aftermath of the storm. The city still has a long way to go, but he is confident that the cooperation and work will continue. Mayor Weldon wanted to reiterate Dr. del Carmen's renown and acknowledged Chief King and his department for their outstanding work. He encouraged the citizens of Stephenville to not take for granted their police force. XIII. EXECUTIVE SESSION In compliance with the provisions of the Texas Open Meetings Law, Subchapter D, Government Code, Vernon's Texas Codes, Annotated, in accordance with • Sec. 551.071 Consultation with Attorney- Solid Waste Collection Contract City Of Stephenville City Council - 06 Mar 2018 1. Mayor Weldon called the council into executive session at 7:13. The meeting was called back in to regular session at 7:37 p.m. XIV. Action taken in executive session (if necessary) XV. Adjourn `4 ATTEST: i S� i�cORP0Rr� Staci L. , City Secrets tt.1t'f �z on, City Of Stephenville City Council -06 Mar 2018