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HomeMy WebLinkAbout1992-03-03 - Regular City CouncilMINUTES OF REGULAR MEETING City of Stephenville - City Council TUESDAY, MARCH 3, 1992 - 7:00 P.M. The City Council of the City of Stephenville, Texas, convened in regular session on March 3, 1992 at 7:00 p.m. in the Council Chambers of City Hall, 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 Alan Nix Donald L. Zeiman Sam Taylor II Mayor Pro Tem: Scott Evans Ray Reynolds William F. (Bill) Johnson Jim Bostic Lavinia Lohrmann Absent: None Others Attending: Don Davis City Administrator Joyce Pemberton City Secretary Randy Thomas City Attorney I. Mayor George Swearingen called the meeting to order and declared a quorum present. II. STATUS REPORT FROM CITIZENS' FOR SINGLE -MEMBER DISTRICTS - Dr. Dan Collins Dr. Collins said that, as he understood the charge to the Committee from ^ the Council, was to study the single -member district issue and try to ( answer the questions that existed about any of the process or any of the implications. He said he thinks the Committee has done a quite thorough job as far as the information, the facts, the processes and the legal background. Dr. Collins presented the Committee's recommendation that the City Council take decisive action regarding single -member districts for Stephenville at this meeting of March 3, 1992: 1. We ask the City Council to agree to submit this issue to the citizens of Stephenville on ballot, in the general election of November, 1992. 2. We ask you, by this action, to affirm the importance of letting the people decide this issue, as separate from your personal opinion on single -member districts. 3. We ask that you consider the makeup of the proposed new Council in one of the following ways: a. The makeup of the proposed Council to be placed on ballot as an eight (8) place council, with six (6) district places and two (2) places at large, plus mayor. b. Alternately, the present Council might wish to determine the most preferred makeup of the proposed districted council by placing a multi -choice referendum for that purpose on the May ballot. After a very lengthy discussion, Councilman Scott Evans made the motion that the City Council and the 20-member citizens committee meet at an early enough date to where we could meet several times, if need be, so that this Council could be prepared to make a decision by the April regu- lar City Council meeting. The motion was seconded by Councilman Ray Reynolds. The motion carried by the following vote: AYES: Councilmembers Alan Nix, Don Zelman, Sam Taylor, Scott Evans, Ray Reynolds, Bill Johnson, Jim Bostic and Mayor George Swearingen. - 156 - NOES: Councilmember Lavinia Lohrmann. At this time, Mayor Swearingen had to leave the meeting due to an emergency call and turned the Chair over to Mayor Pro Tem Scott Evans. III. CONSIDER DISPOSAL OF FIXED ASSETS OF STEPHENVILLE VINEYARD. Don Davis, City Administrator, reminded the Council that several years ago the City had contracted with the Department of Commerce for a low -interest loan to allow a private individual to set up and operate vineyard. That venture failed. The operator declared bankruptcy and transferred the assets to the City of Stephenville. By our arrangement with the Department of Commerce, we are responsible for disposing of those assets. In accordance with the City's Code of Ordinances, the City Council must authorize the Staff to dispose of any/all fixed assets. Therefore, we are asking the Council to make that authorization and approve the disposal of these assets. The Staff is proposing to try to auction the vineyard off in a "turn -key" bid proposal, which would include the real estate, personal property and everything that is out there. If there are no bid- ders on this proposal, then we would have to go with an auction, to sell the inventory by "lots", etc. The City was a vehicle for their funding and the City has no financial liability in this at all. Councilmember Alan Nix made the motion that the City Council give Staff approval to go ahead and start the sales procedure on said vineyard. Councilmember Don Zelman made the second. The motion carried UNANIMOUSLY. IV. PLANNING & ZONING COMMISSION: A. The Site Development Plan For Lot 30, Block 143, City Addition. Don Davis, City Administrator, explained that this is the Site Development plan for the Stephenville Empire Tribune's new building. Councilmember Sam Taylor made the motion to approve the Site Develop- ment Plan for Lot 30, Block 143, City Addition, as recommended by the Planning & Zoning Commission. rThe motion carried UNANIMOUSLY. �ounu/MGm��r Bi// __r A.Sen Nt.,da tl- z�cew� B. B-4 "PRIVATE CLUB DISTRICT" Zoning Ordinance Review. Coire e+" 041/s7/9Z Don Davis, City Administrator, reminded the Council that they had asked the Planning & Zoning Commission to look at the regulations contained within the present B-4 zoning. The Commission did that at their last meeting and the Commission is recommending that the B-4 zoning be left as it presently exists. That no changes be made to the B-4 zoning regulations. After some discussion, Councilmember Bill Johnson made the motion that the B-4 zoning be left as it presently exists and that no changes be made to the B-4 zoning regulations, as recommended by the Planning & Zoning Commission. Also, to approve and pass Ordinance No. 1992-02, which rescinds the moratorium on applications for B-4 zoning. Council - member Don Zelman made the seconded. The motion carried UNANIMOUSLY. ORDINANCE NO. 1992-02 AN ORDINANCE RESCINDING ORDINANCE NO. 1991-24 WHICH ESTABLISHED A MORATORIUM FOR ACCEPTING APPLICATIONS FOR B-4 "PRIVATE CLUB DISTRICT", WITH MORATORIUM PERIOD TO END ON JUNE 1, 1992, AND AUTHORIZING A REVIEW OF B-4 OF THE ZONING ORDINANCE, SAID REVIEW TO INCLUDE USE, AREA, HEIGHT, SIZE AND PARKING REGULATIONS. V. WATER PLANNING COMMITTEE A. Sewer Service for Brittain Circle Don Davis, City Administrator, advised that the property owners on Brittain Circle were requesting that sewer service be extended to their subdivision. Brittain Circle is off Loop 988 in the vicinity south of the High School. It was developed without sewer service and all of those homes are on septic systems. The Water Planning Committee has - 157 - discussed this and it is the Committee's opinion that the cost of this extension of sewer service to Brittain Circle should be borne by the property owners. The Committee did instruct the staff to compile some cost figures for the extension of the sanitary sewer to this sub- division. Also, instructed the staff to contact the property owners to see if they were interested in pursuing this, knowing that the cost of this sewer service would be borne 100% by the property owners. At this time, the staff is still working with the property owners to see what their interest is. JOE CARLISLE, 120 Brittain Circle, addressed the Council requesting that the -City finance the extension of sewer service to this subdivision. r , TELEFUS CAWYER, 185 Brittain Circle, addressed the Council stating that he had been paying city taxes for 17 years and felt that the City owed them sewer service. He said it was his property that was subdivided, but he was not the developer. Mayor Pro Tem Evans commented that he assumed these were estimated costs at this point and, until the engineering study is complete, we really do not know an exact cost. Director of Utilities Danny Johnson commented that these figures were estimated on the high side and, hopefully, they will be a lot less. Mayor Pro Tem Evans commented that it is premature, at this point, to discuss this much further until we get the engineering studies and we get a good idea of what this will cost. At that time, staff will get with the property owners to see if something can't be worked out. No action was taken on this matter. B. Consider Policy for Acquisition for Utility Easements Don Davis, City Administrator, explained that the Committee had also discussed the existing policy for purchasing utility easements. This / 1 is in conjunction with the proposed sewer line extensions that are to be made from the city to the sewer treatment plant. The old policy was that the City would offer $1.00 per lineal foot for the use of that property for a utility easement. The Committee is recommending that the Council reaffirm that staff be authorized, as they negotiate for these utility easements, to the offer the property owners $1.00 per lineal foot for the use of their property. Councilman Ray Reynolds made the motion, seconded by Councilman Bill Johnson, to authorize City Staff to offer property owners $1,00 per lineal foot for the use of their property for utility easements. The motion carried UNANIMOUSLY. VI. FINANCE COMMITTEE A. Consider Proposal from Boucher, Morgan & Young, Councilman Alan Nix, reporting for the Finance Committee, explained that the proposed use of the Boucher, Morgan & Young firm to help with some of the financial problems. As the Council is aware, Director of Finance Charlene Young is on sick leave and Joyce Goodman and Brenda Kelley have done a tremendous amount of work in absorbing Charlene's duties. Due to time constraints in doing their jobs and Charlene's, they find it necessary to consult with Boucher, Morgan & Young in spe- cific areas. The services they are now providing the City are above and beyond what their audit agreement calls for. We are proposing an agreement with them that both could work under, which would give the City the benefit of their knowledge and services and they would be com- pensated for the time they do this for the City. Councilman Don Zelman made the motion, seconded by Councilman Sam Taylor, to approve the agreement with Boucher, Morgan & Young for financial advice, as recommended by the Finance Committee. The motion carried UNANIMOUSLY. B. Historical Museum Request for Hotel/Motel Tax - 158 - Councilman Alan Nix, reporting for the Finance Committee, advised the Council that Gene Cowan, Director of the Stephenville Historical House Museum, had requested $20,000 from the Hotel/Motel Tax Fund to allow the museum to extend their property and make some other improvements on that property. He provided a budget for use of said monies, which was included in your agenda packet. Councilmember Lavinia Lohrmann made the motion, seconded by Counciman Sam Taylor, to approve the request for $20,000 from the Stephenville Historical House Museum, as recommended by the Finance Committee. The motion carried UNANIMOUSLY. C. Mid -Year Budget Review Councilman Nix said the Finance Committee recommended that the City Council have a mid -year budget review in May. It was the consensus of the Council to approve the Committee's recommendation. VII. PLANNING & DEVELOPMENT COMMITTEE Councilmember Lavinia Lohrmann, Chair of the Planning & Development Committee, reported that the Committee met with representatives of the downtown businesses to discuss the parking problems in the downtown area. It was decided that each business owner would ask their employees not to park in the parking spaces around the square. It would seem this has improved the parking situation downtown for the customers. Mrs. Lorhmann said they also dicussed the large amount of space being used for handicapped parking on the west side of the square. At the request of the businesses on the west side of the square, several members of the P & D Committee have looked at the situation. She is planning to call a meeting of the P & D Committee, in conjunction with the Health & Public Safety Committee, as well as the Street Department, to see what can be done on that subject. ^ No action taken. VIII. DAMAGE CLAIMS COMMITTEE: Mayor Pro Tem Scott Evans reported on the following damage claims: A. Scott's Cleaners, 830 W. Tarleton St - Claim of $258.00 for damage to some clothing which was damaged when the water was turned off to replace a water valve. When water service was restored, there was some con- tamination in the water lines. The Committee is recommending to deny the claim because everyone affected was told the water would be cut off and it would seem that someone in the cleaning business would know to drain their lines before washing clothes. Councilman Sam Taylor made the motion, seconded by Councilman Bill Johnson, to deny the claim of $258.00 filed by Scott's Cleaners, as recommended by the Committee. The motion carried UNANIMOUSLY. B. Elizabeth Trammell, 839 N. Cain - Claim of $1300.00 for damage to her 1986 GMC pickup when she hit an open manhole on Graham Street. The Committee had documentation of times the City had been called to Graham Street. The barrels and barriers were in place. The Committee felt the City had done all they could do to prevent this accident and that there was an assumption of risk by the lady. The Committee is recom- mending to deny the claim. r , Councilman Sam Taylor made the motion, seconded by Councilman Ray Reynolds, to deny the claim of $1,300.00 filed by Elizabeth Trammell, as recommended by the Committee. The motion carried UNANIMOUSLY. C. Bobby Pettijohn - Claim of $6,625.00 for damage to a rent house when the water was turned on in error, allowing approximately 11,000 gallons of water to run through the meter and flood the interior of the house causing extensive damage to the house. The Committee's recommendation is to let the respective insurance companies work this out, with the City to pick up any out of pocket expenses. - 159 - Councilman Bill Johnson made the motion, seconded by Councilman Alan Nix, to approve the recommendation of the Committee to let the respec- tive insurance companies work this out and the City to pick up any out of pocket expense, such as the deductible expense. The motion carried UNANIMOUSLY. D. Tarleton State University - Claim of $955.04 for damage to two houses on Rome Street due to sewer back-up. One house was not reported and City staff responded as quickly as possible to the other report in order to minimize the damage. Those type things happen and the staff followed correct procedure. Therefore, the Committee is recommending to deny this claim. Councilman Ray Reynolds made the motion, seconded by Councilman Sam Taylor, to deny the claim of $955.04 filed by Tarleton State University, as recommended by the Committee. The motion carried UNANIMOUSLY. IX. CONSIDER APPROVAL OF MINUTES OF FEBRUARY 4, 1992. Councilman Don Zelman made the motion, seconded by Councilman Alan Nix, to approve the minutes of February 4, 1992, as written. The motion carried UNANIMOUSLY. X. BID CONSIDERATIONS: A. Bid Specifications for Tractor & Mower - Park & Recreation Dept. Councilman Ray Reynolds made the motion, seconded by Councilman Bill Johnson, to approve the specifications for a tractor and mower for the Parks & Recreation Department. The motion carried UNANIMOUSLY. B. Bid #2545 - Annual Supply of Chlorine & Sodium Bisulfite - Utilities Dept. Councilman Bill Johnson made the motion, seconded by Councilman Sam Taylor, to award the bid for the annual supply of chlorine and sodium ^ bisulfite for the Utilities Department to the following companies: r , a. Harcros Chemical in the amount of $107.40/sodium bisulfite and $92.00/granualr chlorine. b. Paul Carroll Supply in the amount of $49.00/150 lb cylinder and $319.00/1 ton cylinder. The motion carried UNANIMOUSLY. C. Bid #2544 - Patrol Vehicles - Police Dept. Councilman Don Zelman made the motion, seconded by Councilmember Lavinia Lohrmann, to award Bid #2544 for the purchase of 3 patrol vehicles for the Police Department to Bruner Motors for 3 Chevrolet Caprice in the amount of $12,294.86 each. The motion carried UNANIMOUSLY. XI. CITY ADMINISTRATOR'S REPORT Don Davis, City Administrator, said there were two reports in the agenda packets that he would like to get the Council's response on; one dealing with some water production and one with building permits. Also, we have gotten all the material in to "no park" and "restricted parking " within the area around Tarleton that was approved several weeks (^ ) ago. We are proposing to do the actual construction during spring break, weather permitting. XII. CITY COUNCIL/CITIZEN GENERAL DISCUSSION: Councilmember Lavinia Lohrmann asked about the trees in the Jaycee Park. Don Davis, City Administrator, answered that we did receive the grant have received bids. Hopefully, will get the trees planted this month. Councilman Bill Johnson asked for a status report on the renovation of the police station and the "How Are You Today" program. Chief Wade reported - 160 - that as of today they have had the final sign -off by the architect with the contractor. He invited the Council to come by and look at it. Also, he has been in contact with the Home Health Division of Harris Hospital Erath County and the Director of the Home Health portion has assured him that they have budgeted and have all intentions of funding the "How Are You Today?" program. They are funding the telephone reassurance program for the elderly and shut-ins. Its just a matter of going through the formalities and getting all the signatures on the appropriate papers, but its in the works and does look good at this time. XIII. ADJOURN There being no other business, to come before the Council at this time, Mayor Pro Tem Scott Evans adjourned the meeting at 8:00 p.m. AT, T: yce ember on, City Secretary eorg wearingen -161-