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HomeMy WebLinkAbout1992-07-07 - Regular City CouncilN MINUTES OF REGULAR MEETING City of Stephenville - City Council TUESDAY, JULY 7, 1992 - 7:00 P.M. The City Council of the City of Stephenville, Texas, convened in reg- ular session on JuLY 7, 1992 at 7:00 p.m., in the Council Chambers at 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: Lavinia Lohrmann Mayor Pro Tem: Scott Evans Councilmembers: Alan Nix Donald L. Zelman Sam Taylor II William F. (Bill) Johnson Bill Bailey Absent: Dan Collins Others Attending: Don Davis, City Administrator Joyce Pemberton, City Secretary Randy Thomas, City Attorney I. CALL TO ORDER. (late) Mayor Lavinia Lohrmann called the meeting to order and declared a quorum present. II. PERSONAL APPEARANCES BY CITIZENS. A. Ms. Betty Lee Olson - Regarding Officer Donnie Hensley Ms. Betty Lee Olson addressed the Council stating that the reason she had asked to be on the agenda was the grievance filed by Officer Donnie Hensley. Since that grievance had been resolved, she wanted to thank the Council for their con- cern and for their time in listening to both issues. She also stated that their group does continue their involvement in the issues facing the City and the Council may look for- ward to seeing and hearing from them again. No action was taken. B. Freese & Nichols - Status Report on the Wastewater Treatment Plant Don Davis, City Administrator, introduced Dr. Gary Reeves and Ray Longoria, representatives of Freese & Nichols, Inc., to present a status report on the Wastewater Treatment Plant. Ray Longoria reported that the draft final document has been completed, submitted to City staff, submitted to the Texas Water Commission and the Water Development Board for final review. He said he anticipates comments back from the Water Commission and Water Development Board sometime in August. Any changes that need to be made will be made at that time. At that point, it will be advertised for bids and award bid to a contractor. There was an issue on the permit that will have to be resolved with the TWC staff, which will delay the approval of the permit until approximately October. He thinks it would be wise to delay asking for bids and/or the awarding of bids until the permit is approved. No action taken. C. Schrickel & Rollins - Status Report on the Sewer Outfall Mains - 182 - Don Davis, City Administrator, introduced Dino Ferralli, representing Schrickel & Rollins, Inc., to present a status report on the sewer outfall mains. Mr. Ferralli advised that this is a 30" interceptor line that will extend from the sewage treatment plant along the west side of the Bosque River, across Hwy #377 to the vicinity of Long Street and will parallel the existing 18" pipeline. In addition to the interceptor line, there will be three collec- tion lines. At this time, approximately half of the easements have been delivered to the City to move forward on the acquisition of right-of-way. The status of the plans is about 95%. They expect to have them here sometime next week. After acquisition of the rights -of -way, they will move into the construction phase of the project. The design phase is almost complete. No action taken. III. MATTERS BY COUNCILMEMBERS: A. Discuss the Bond Election Fact Sheet Don Davis, City Administrator, distributed to the Council copies of fact sheets, which explained the facts about the upcoming bond election. The question that needs to be resolved now is the length of time you want to extend the debt. Councilman Alan Nix advised that the figures in the proposed fact sheet were based on what was projected to be a 6 3/8% interest rate on this size bond over a 10 year period. The Finance Committee discussed this and decided that, because of the type project it was and the impact on the taxpayer, a 10 year payout would be the most appropriate. After discussion, it was the unanimous consensus of the City Council to amortize the debt over a 10 year period, as recom- mended by the Finance Committee. B. Appointment of Health Officer Don Davis, City Administrator, explained that Dr. Alan Hall had resigned as City Health Officer as of June 16, 1992. Dr. Keith Madison has volunteered to perform the duties of health officer and it is the staff's recommendation that Dr. Madison be appointed as the City's Health Officer. Councilman Alan Nix made the motion, seconded by Councilman Bill Johnson, to accept Dr. Keith Madison's offer to serve as the City's Health Officer. The motion carried UNANIMOUSLY. Councilman Don Zelman moved for a "Vote of Thanks" to Dr. Hall for his years of service to the City of Stephenville as Health Officer. Seconded by Sam Taylor. The motion carried UNANIMOUSLY. IV. COMMITTEE REPORTS: A. Planning & Development 1. Plans & Specifications for Restroom Improvements at City Park Councilman Bill Johnson, Chair of the Planning & Develop- ment Committee, reported that the Committee had reviewed the plans submitted by Fred Parker for the improvements of the restrooms at the City Park. The Committee recommends acceptance of plans as to be presented by Ronnie Isham. Director of Parks & Recreation Ronnie Isham presented the plans and specifications for improvements to the restrooms at the City Park. Mr. Isham advised that the City will act as its own contractor and hire a construction super- visor. - 183 - After discussion, Councilman Bill Johnson made the motion, seconded by Councilman Alan Nix, to accept and approve the plans and specifications for restroom improvements at the City Park and to hire a construction supervisor, con- tingent on State approval. The motion carried UNANIMOUSLY. 2. Designation of a Neighborhood Park at McCart and Vanderbilt Streets Councilman Bill Johnson reported that the Committee discussed locating a neighborhood park at McCart and Vanderbilt. He said this is city owned property, has been surveyed, is in a good location for use by neighborhood children and there has been a donation for curb and gutter. The Committee recommends designating this property for a neighborhood park. Councilman Scott Evans mad Councilman Alan Nix, that th and 18, Block 6, Park Place park as recommended by the called the Bill Johnson Park. with Councilman Bill Johnson B. Public Health & Safety e e the motion, seconded by City designate Lots 16, 17, Addition, as a neighborhood Committee and said park be The motion carried 7 to 1, abstaining. 1. Contract with the Erath County Humane Society Councilman Don Zelman, Chair of the Public Health & Safety Committee, reported that the Committee has reviewed the contract with the Erath County Humane Society. He said the Humane Society has secured a grant from a private foundation to upgrade and expand the facilities at the animal shelter. A part of the grant requirements was a guarantee that the facilities would be operated as an ani- mal shelter for the life of the improvements. Therefore, the Humane Society has requested an extension on the contract to operate the animal shelter for the City for the 25 year period. While considering this request, other changes were rcom- mended: 1) increase the fee from $8,000 to $8,600 and eli- minate the City providing free water; 2) require the Humane Society to submit a budget to the City Council annually for review; and 3) the City and Humane Society review the fees paid by the City on an annual basis. The Committee is recommending approval of this amended contract. Bob Brincefield, President of the Erath County Humane Society, addressed the Council on behalf of the Humane Society. He said the Humane Society has no problems with the amended contract. Councilman Sam Taylor made the motion, seconded by Councilman Scott Evans, to approve the amended contract with the Erath County Humane Society, as recommended by the Public Health & Safety Committee, and with the revi- sions as outlined above. The motion carried UNANIMOUSLY. 2. Amendments to the Health & Sanitation Code Councilman Don Zelman reported that the Committee also discussed revisions to the Health and Sanitation Code, which basically deal with the definitions of rubbish, agricultural exemptions, the height of grass before it is in violation of the code, etc. The Committee is recom- mending approval of the amendments to the Code. Councilman Don Zelman made the motion, seconded by Councilman Sam Taylor, to approve ORDINANCE NO 1992-14, AN ORDINANCE REPEALING CHAPTER 10, HEALTH AND SANITATION - 184 - CODE OF THE CITY OF STEPHENVILLE, AND ADOPTING THE NEW CHAPTER 10, HEALTH AND SANITATION. The motion carried by the following vote: AYES: Councilmembers Alan Nix, Don Zelman, Sam Taylor, Scott Evans, Bill Bailey and Mayor Lavinia Lohrmann. NOES: Councilman Bill Johnson. C. water Planning 1. Brittain Circle Councilman Scott Evans, Chair of the water Planning Committee, reported that the Committee had considered the request from the residents of Brittain Circle that the City provide sewer service to those residents at the City's cost. He said the Committee had consulted with City Attorney Randy Thomas regarding the City's legal obliga- tion to provide this service and found that the City was on very solid legal ground in that the City is not obli- gated to extend service to that area at the City's expense. The Committee was concerned that they be fair to the citi- zens of Brittain Circle, but also, there was some concern that they be fair to the other citizens of Stephenville. Therefore, the Committee's recommendation is to deny the request. Joe Carlisle and Telefus Cawyer addressed the Council in opposition to the Committee's recommendation. Mr. Evans responded that the Committee had instructed the staff to be accommodating, to try to work to get the cost of the project as low as possible. The spirit of what the Committee is saying is that the City is not going to pay for it totally. After more discussion, Councilman Scott Evans made the motion, seconded by Don Zelman, that the request from the citizens of Brittain Circle that the City provide sewer service at the City's expense be denied. The motion carried UNANIMOUSLY. It was the consensus of the Council that the City will help the citizens of Brittain Circle to keep the cost of this project down as much as possible and will try to work with the citizens that need it on a "pay -out plan". 2. Effluent Wastewater Sale Contract Councilman Scott Evans reported that Mr. Beus and Mr. Bongiorno have been purchasing treated wastewater from the City since 1986 and the Committee is recommending that the contract be renewed. Councilman Alan Nix commented that the City is not out any expense on this. Councilman Sam Taylor made the motion that the Council approve the sewer effluent purchase contract, or renewal thereof, as recommended by the water Planning Committee. Councilman Bill Johnson made the second. The motion carried UNANIMOUSLY. 3. Wellhead Protection Grant Application Councilman Scott Evans reported that the Committee had reviewed the application for a wellhead protection grant made available by the North Central Texas Council of Governments in the amount of $50,000. The City will need to match at least 5% and it can be in kind or monetary. Councilman Alan Nix made the motion that the Council authorize Don Davis, City Administrator, to sign the - 185 - application for federal assistance and the attached assurances concerning compliance with certain federal regulations for our wellhead Protection Grant Application. Councilman Scott Evans made the second. The motion carried UNANIMOUSLY. V. CONSENT AGENDA: A. APPROVAL OF MINUTES: June 2 and June 16, 1992 B. BID CONSIDERATIONS I 1 1. Bid Specifications - A/C Unit for Fire Station #1 (Removed from the Consent Agenda at the request of Councilman Alan Nix) Councilman Scott Evans made the motion, seconded by Council- man Sam Taylor, to approve the Consent Agenda as presented, with the exception of Item B(1). The motion carried UNANIMOUSLY by a roll call vote. ITEM B(1): Bid Specifications - A/C Unit for Fire Station #1. After discussion, Councilman Scott Evans made the motion, seconded by Councilman Bill Johnson, to approve the amended bid specifications for an A/C unit for Fire Station #1. The motion carried UNANIMOUSLY by a roll call vote. VI. PUBLIC HEARING: A. To Consider a Change of Zoning, From R-3 to B-2, on 20 acres of the Wm. Motley Survey, located in the 2700 Block of West Washington S Mayor Lorrmann opened the floor for a public hearing to con- sider the above request for a change of zoning. THOSE IN FAVOR: F l TOM GALBREATH with Dunaway Associates, who have been engaged by Wal-Mart to develop this property. THOSE OPPOSED: MIKE PUGH with Nortons, Inc. regarding the drainage and the increase in traffic. RICHARD HAGGARD regarding moving the TU Electric high power transmission line so close to the Plaza Mobile Home Park, of which owns 50%, and the threat of said power line causing cancer in those persons living in the mobile home park. REBUTTALS: DANNY HODGES, TU Electric VIRGINIA DORRIS, P & Z Commission DR. BILL TROGDON, P & Z Commission WIL HAGGARD COUNCILMAN SAN TAYLOR COUNCILMAN SCOTT EVANS SHARON JOHNSON There being no one else wishing to address the Council on o"this issue, Mayor Lorhmann closed the public hearing. After considerable discussion, Councilman Sam Taylor made the motion, seconded by Councilman Bill Johnson, to approve the change of zoning from R-3 to B-2 on 20 acres of the Wm. Motley Survey, located in the 2700 block of West Washington. The motion carried UNANIMOUSLY. B. Ordinance Changing the Zoning on 20 acres of the Wm. Motley Survey, Located the 2700 Block of West Washington From R-3 to B-2. Mow -TINE CONTRACT AND LEASE CITY OF STEPHENVILLE WITH ERATH COUNTY HUMANE SOCIETY, INC. STATE OF TEXAS X ^ KNOW ALL MEN BY THESE PRESENTS: 1 COUNTY OF ERATH X CITY OF STEPHENVILLE, a municipal corporation, acting herein by and through Lavinia Lohrmann, its Mayor, hereunto duly authorized by resolution of the City Council of the City of Stephenville, certified copy of which is attached hereto, and ERATH COUNTY HUMANE SOCIETY, INC., a non-profit corporation, acting herein by and through Bob Brincefield, its President, hereunto authorized by its Board of Directors, have this day entered into the following contract and agreement: City of Stephenville does hereby lease unto Erath County Humane Society, Inc. the following described land, on the terms and conditions hereinafter stated: First Tract: 0.22 acre of land out of the J. B. Dupuy Survey, Abstract No. 196, in Erath County, Texas, being part of that certain 2.2 acre tract conveyed by the Texas National Guard to the City of Stephenville in deed dated August 5, 1958 and recorded in Volume 365, page 330 of the Deed Records of Erath County, Texas, and being fully described by metes and bounds and shown by field notes and plat of Wayne Graham, public surveyor, attached hereto as exhibit and made a part hereof for all purposes. Second Tract: 0.22 acre of land out of the J. B. Dupuy Survey, Abstract No. 196, in Erath County, Texas, being part of the certain 2.2 acre tract conveyed by the Texas National Guard to the City of Stephenville in deed dated August 5, 1958 and recorded in Volume 365, page 330 of the Deed Records of Erath County, Texas, as shown by plat of Eugene Angermann, public surveyor, attached hereto as exhibit and made a part hereof for all purposes. 2. The land above described will be used and operated by the Humane Society as an animal shelter, there being located thereon a main building and other pens required for the operation of such shelter and for that purpose only and will be operated for non-profit. It is understood and agreed that upon the termination of this lease and contract that all buildings and improvements located on the land above described shall remain thereon and revert to the City. City ^ hereby agrees to cause the property and improvements thereon to be used for the humane treatment of animals for at least the term set out below in number 3. 3. The term of this lease and contract shall be a period of twenty-five (25) years. This lease shall begin on Humane Society shall have an option to renew this lease for an additional twenty-five (25) year period upon terms and conditions to be agreed upon by the parties. 4. An animal control officer or officers employed by the City of Stephenville will be responsible for picking up all animals which are in violation of city ordinances and sick or injured animals within the city limits. Any such officer will bring all animals to the shelter except those that in his opinion are in need of veterinarian attention, and these will be taken to a veterinarian if one is available. Upon delivery of animals to the shelter, the animal control officer, after filling out the information prescribed by the shelter, will release custody of the animals to the Humane Society. Any animal control officer may, upon the request of the director of the animal shelter and with the consent of the Chief of Police make calls outside the city limits. The animal control officer will keep a record of every r l animal that comes within the possession and give this information to the shelter manager upon delivery of any such animal. The Humane Society agrees to keep a complete record concerning every animal brought to the shelter. The Humane Society agrees to operate the shelter in accordance with all city ordinances including the three-day holiday period for stray animals. All animals delivered to the shelter shall become the property of the Humane Society unless same are claimed by their owners and returned to the owners upon the payment of proper charges and all such payments will belong to the Humane Society. Any animals unclaimed after three 1 days (excluding Sundays and holidays) will be adopted or euthanized under the direction of the Humane Society, any euthanization to be by a person trained in this procedure. 5. City agrees to pay to the Humane Society the sum of $8,600.00 annually to be used by the Humane Society for the expense of operation of the shelter. This payment shall be made by quarterly installments in the sum of $2,150.00 each, with $2,150.00 to be paid on August 1, 1992; $2,150.00 on November 1, 1992; $2,150.00 on February 1, 1993 and $2,150.00 on May 1, 1993 and like payments on the same days ^ of each year thereafter during the term of this lease. The r 1 parties agree to review this expense amount annually and adjust same as may be agreed. Humane Society agrees to present any budget requests to the City by June 1 for consideration by City for its next fiscal year. 6. All expenses of the shelter are to be paid by the Humane Society. 7. Upon violation of any of the terms of this agreement by Erath County Humane Society, Inc., this lease and contract may be terminated by the City of Stephenville and the land above described and all buildings and equipment thereon I l shall be taken into the possession of the City of Stephenville. EXECUTED in duplicate counterparts this 2,L day of inn , 1992. TA ATTEST: gity ecretary Wk CITY OF STEPHENVILLE By �wS v+o cw�� wr tc1 Lavinia Lohrmann, Mayor