HomeMy WebLinkAbout1992-08-11 - Regular City CouncilMINUTES OF REGULAR MEETING
City of Stephenville - City Council
TUESDAY, AUGUST 11, 1992 - 7:00 P.M.
The City Council of the City of Stephenville, Texas, convened in regu-
lar session on August 11, 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:
P , Mayor: Lavinia Lohrmann
Mayor Pro Tem: Scott Evans
Councilmembers: Alan Nix
Donald L. Zelman
Sam Taylor II
William F. (Bill) Johnson
Dan Collins
Absent: Bill Bailey
Others Attending: Don Davis, City Administrator
Joyce Pemberton, City Secretary
Randy Thomas, City Attorney
I. CALL TO ORDER. Mayor Lavinia Lohrmann called the meeting to
order and declared a quorum present.
II. PUBLIC HEARING ON THE PROPOSED BUDGET FOR FISCAL YEAR 1992-93
Mayor Lavinia Lohrmann opened the floor for a public hearing to
consider the proposed budget for fiscal year 1992-93 and
outlined the procedure for said hearing.
l A. THOSE IN FAVOR OF THE PROPOSED BUDGET:
1. T. F. STEVENS, 2410 Holly St. - Mr. Stevens said he felt
the Council had done the best they could with the monies
they had to work with. He said maybe they could have cut
some personnel, but he was satisfied with most of the
budget and thought the Council had done a good job.
B. THOSE OPPOSED TO THE PROPOSED BUDGET:
1. William J. Gates, 322 S. Belknap St. - Mr. Gates opposed
the proposed pay increase to those employees receiving in
excess of $32,000 per year and the car allowances be
denied.
2. Bee Bentley, 560 Floral St. - Mr. Bentley opposed pay
raises for the higher paid employees. Mr. Bentley
suggested giving the lower paid employees the largest
increase and let the four directors use their own private
cars instead of the car allowances.
C. REBUTTALS: None
D. QUESTIONS FROM COUNCIL: None
Mayor Lohrmann closed the hearing to the public at this time.
E. COUNCIL DISCUSSION: None
F. COUNCIL COMMENTS:
Alan Nix - can support the budget as proposed, but there may
be an area or two we want to look at again at that time.
Don Zelman - in going over the budget he did not find many
areas that you might call "fat". The City, in order to pro-
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vide the services that the citizens need, have got to at
least adopt the budget we have. If someone, between now and
next week, can convince me there are areas where cuts could
be made, I certainly will listen, but now I support the
budget as it is.
Sam Taylor - The lowering of the property values and the
increase in the effective tax rate has hurt everyone. The
question now is, are we going to maintain the present level
of services? That is what this budget stands for, other than
the pay raise. I support the pay increase. Our employees
are the greatest asset the City has. we need to compensate
them properly. The only pay increases given last year were
F to the lowest paid employees and it is time this year to go
ahead and give the pay increases to all employees. I came
into this meeting with the intention of listening to what is
said and to think about it after the meeting, between now and
the 19th, and that's what I intend to do.
Scott Evans - I agree with a lot that's been said. I'm
trying to be open minded about the budget this year. I wish
I had the answer to how to give pay raises. Any time you
give percentage pay raises, the high end employee will get
more than the low end. we did address the low end employees
last year and the high end employees did not get any increase.
As for the car allowances, I only see two alternatives:
1) just to pay the employees mileage, but I really think it
would cost more money to do it that way; 2) go back to put
all our top employees in old police cars, which is what we
use to do. Realistically, we could probably save a few
dollars, if we wanted to do that. I would like to remind the
Council that one of the biggest complaints we use to get was
from citizens that saw employees driving city cars at night.
We thought it would just be cleaner if they were not in a
marked car. Probably the only change I would like to see us
make in the budget is to reduce the $25,000 allotted for
Single -Member Districts to $12,500, I would like to reserve
^ my right to make a decision until that's appropriate.
1 Lavinia Lohrmann - It seems everyone wants to wait until the
19th to make the decision. I personally feel very good about
that because I think we are truly listening to people and
that's what we are here to do. As for my own feelings, I
still have a problem with raising the salaries of the higher
paid employees, as I do with the car allowance. If the
budget is presented as it now is, I likely will oppose it.
Bill Johnson - I'm not ready to make a firm consensus on the
budget. I want to use the extra time to study it some more.
Dan Collins - I'm generally able to believe that the budget
that is proposed is reasonable. I know each of us could pro-
bably find something we disagree with. Its really unfor-
tunate that what's happened to the tax base has happened. I
am uncomfortable with what is going to happen to the taxpayer
because of the tax base change. Generally, I'm able to sup-
port it. As far as salaries go, I'm going to plead lack of
experience, because I need to know more personally about how
the City operates and who does what. I would like to see a
way for the City to take a look at the value of the jobs the
employees do. I think we need to take a closer look at the
"VALUE", not where we can cut, but where the "value" is that
employees need to be rewarded for. I agree that if we need
l 1 to move that money set aside for Single -Member Districts
around, that it should be. I consider that considerable
amount of slack in the budget. I would like to see this
Council, when we pass this budget and I believe we will with
maybe some minor modifications, make a commitment to seeing
that we can show the citizens some return for their money, in
sense of finding every way we can to demonstrate a higher
quality of service in this town with the dollars that we
spend. I think that will reflect back in being able to
reward those people on our city staff who can demonstrate
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that they are finding every place to squeeze the most out of
every taxpayer's dollar. People won't complain, if they feel
like they are getting the most for their money, even if they
are paying for it.
There being no other comments on the budget, Mayor Lohrmann
announced that approval of the budget would be in a special
meeting August 19, 1992 at 5:30 p.m.
III. PROPOSAL FOR LANDFILL CLOSURE PLAN - TEAM CONSULTANTS, INC.
Don Davis, City Administrator, explained that this proposal is
r l in keeping with the Council's recent decision to close the
existing landfill at an estimated cost of $3,317.
Councilman Scott Evans made the motion, seconded by Councilman
Dan Collins, to accept the proposal, submitted by TEAM Consul-
tants, Inc., to prepare the closure plan for the City's existing
landfill, at a cost not to exceed $3,317.00. The motion carried
UNANIMOUSLY.
IV. PROPOSAL FOR OUTSIDE AUDIT - BOUCHER, MORGAN & YOUNG
Don Davis, City Administrator, advised that State statutes
require that cities have outside audits performed each year. For
the last five years the City has selected Boucher, Morgan &
Young to perform that audit. They have submitted the proposal
(in agenda packets) to do the audit again this next year. There
is proposed a modest increase in their fee ($7900 to $8500).
Councilman Sam Taylor made the motion, seconded by Councilman
Alan Nix, to approve the audit proposal from Boucher, Morgan &
Young to perform the outside audit for the City of Stephenville.
The motion carried UNANIMOUSLY.
V. CONSIDER PROPOSED SITE DEVELOPMENT PLAN FOR LOT 14A, BLOCK 14,
RIVER NORTH ADDITION.
Don Davis, City Administrator, explained that this is for the
Calvary Baptist Church, located on River North Blvd. in the
block with the Medical Clinic. They are proposing a 4-phase
development, this being Phase I. This proposal does comply with
the Subdivision Rules & Regulations.
Councilman Scott Evans made the motion, seconded by Councilman
Bill Johnson, to approve the Site Development Plan for the
Calvary Baptist Church and being Lot 14A, Block 14, River North
Addition, as recommended by the Planning & Zoning Commission.
The motion carried UNANIMOUSLY.
VI. CONSIDER PROPOSED SITE DEVELOPMENT PLAN OF LOT C, BLOCK 5,
MCALISTER SECOND ADDITION.
Don Davis, City Administrator, explained this development had
been requested by Kyle Fornes and is located behind the Vogue
Cleaners property; does have access off the Lingleville Hwy.
This proposal does comply with the Subdivision Rules &
Regulations,
Councilman Scott Evans made the motion, seconded by Councilman
Dan Collins, to approve the Site Development Plan for a storage
building behind Vogue Cleaners, 1511 Lingleville Rd., and being
^ Lot C, Block 5, McAlister Second Addition, as recommended by the
Planning & Zoning Commission. The motion carried UNANIMOUSLY.
VII. CONSIDER THE PROPOSED REPLAT OF LOTS 27, 28, 29, BLOCK 4, GOLF
COUNTRY ESTATES.
Don Davis, City Administrator, explained this is the replatting
of three residential lots into two residential lots. There are
two property owners involved and they want to combine said lots
and make two lots out of the three. They are located on Prairie
Wind and they do comply with the Subdivision Rules & Regulations.
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Councilman Sam Taylor made the motion, seconded by Councilman
Don zelman, to approve the replatting of Lots 27, 28, and 29,
Block 4, Golf Country Estates, into two lots, as recommended by
the Planning & Zoning Commission. The motion carried UNANIMOUSLY.
VIII. CONSIDER THE PROPOSED REPLAT OF LOT 8 (SOUTH 10"
Don Davis, City Administrator, explained that some time ago the
City sold an abandoned alleyway to these property owners and
that 10 foot alley was never formally replatted into Lot 8 and
the owners just want to replat the lot to include the alleyway
that was purchased several years ago.
Councilman Bill Johnson made the motion, seconded by Councilman
Scott Evans, to approve the replat of Lot 8, Block 1. Sloan
Second Addition, to include the 10 foot alleyway, as recommended
by the Planning & Zoning Commission. The motion carried
UNANIMOUSLY.
IX. CONSIDER THE PRELIMINARY PLAT OF THE WAL-MART SUBDIVISION.
Don Davis, City Administrator, explained this is the preliminary
plat of the proposed Wal-Mart Subdivision. Approval of this
plat will not finalize anything, It is just a matter of giving
the developer the go ahead to continue with the planning. This
preliminary plat is predicated on the relocation of the north/
south street, which is owned by Carol Barnett.
Tom Galbreath, representing Wal-Mart, commented that he had
attended one meeting with Carol Barnett and it was his
impression that she would not ever dedicate said right-of-way.
His question was at what point would condemnation proceedings
start?
City Attorney Randy Thomas advised this was a decision the
Council would have to make. when a decision was made, then it
^ would just be the statute requirements for condemnations, an
( , estimated 120 - 180 days.
Richard Haggard, 118 Diamond Oaks St., addressed the Council
stating that at the prior meeting he had some objections to the
rerouting of the power lines. Subsequent to the Council meeting,
he met with Mr. Galbreath, Betty Chew, and two representatives
from Texas Utilities. He said he was not comfortable or
satisfied with the rerouting, but thinks it is a matter of
reaching realistic considerations. He said he had agreed not to
oppose the rerouting with the Public Utility Commission and Mr.
Galbreath agreed that: 1) Wal-Mart would put up a 6 foot high
wooden fence for the full length of the property on the property
line; 2) that, if in the future, it does prove to be a health
hazard and the property can no longer be used as a mobile home
park, if he were granted a cross access easement, then the pro-
perty could be converted to commercial purposes. He would have
access to the full length of the property through Wal-Mart's
parking lot. That was the ultimate agreement. He wanted the
Council to understand his position, as far as the mobile home
park is concerned: 1) when the final site plan is approved, the
fence is in place; 2) he has yet to receive a cross access
easement document from Wal-Mart. The purpose of his presence at
this meeting is to make the Council aware of this gentleman's
agreement and would like for the Council to see that this
agreement is honored.
Tom Galbreath said the cross access easement Mr. Haggard
referred to was not the full length of the property. There is
some control as to where that can occur. It will be with their
logical circulation pattern.
Councilman Bill Johnson made the motion, seconded by Councilman
Alan Nix, to accept and approve the preliminary plat for the
proposed Wal-Mart Subdivision, as presented. The motion carried
UNANIMOUSLY.
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X. CONSENT AGENDA:
Councilman Scott Evans made the motion, seconded by Councilman
Bill Johnson, to approve the Consent Agenda as presented below.
The motion carried UNANIMOUSLY by a roll call vote.
A. Approval of Minutes of July 7, 1992, as presented.
B. Approval of Bid Specifications for Quotation for Liability &
Property Insurance Coverage.
C. Approval of Bid Specifications for City Depository
D. Award Bid to Alderfer Service America for Heating/Cooling
Unit for Fire Station #1 in the amount of $6,485
E. Authorization to Dispose of Replaced Fixed Assets
XI. ORDINANCE #1992-17 ADOPTING THE WATER CONSERVATION & DROUGHT
CONTINGENCY PLAN.
Don Davis, City Administrator, explained that a draft of the
Water Conservation and Drought Contingency Plan was submitted to
the Council some time ago. At the same time, it was submitted
to the Texas Water Commission and the Water Development Board
for their review. It was returned, with minor modifications,
from the State agencies. This item is an ordinance, which will
formally adopt this plan.
Councilman Alan Nix made the motion, seconded by Councilman Sam
Taylor, to pass and approve ORDINANCE NO. 1992-17, as presented.
The motion carried UNANIMOUSLY.
AN ORDINANCE ADOPTING A CITY OF STEPHENVILLE WATER CONSERVATION
AND DROUGHT CONTINGENCY PLAN; PROVIDING A PENALTY OF NOT LESS
THAN $10 PER DAY NOR MORE THAN $200 PER DAY FOR EACH DAY OF NON-
COMPLIANCE AND/OR DISCONNECTION OF WATER SERVICES TO SUCH USERS
BY THE CITY.
/ , XII. RESOLUTION EXPRESSING INTENT TO REIMBURSE COSTS OF THE WASTEWATER
TREATMENT PLANT EXPANSION AND RENOVATION PROJECT.
Don Davis, City Administrator, explained that the IRS recently
established some regulations governing the reimbursement of
costs associated with projects funded through the State
Revolving Fund. In order to comply with these regulations, and
to be assured of receiving the reimbursement for expenses
already incurred, the City needs to adopt this resolution. This
resolution was prepared by our financial advisor and our bond
counsel and complies with all the Treasury regulations.
Councilman Sam Taylor made the motion, seconded by Councilman
Alan Nix, to adopt this resolution as presented. The motion
carried UNANIMOUSLY. (Resolution in its entirety attached).
XIII. RESOLUTION EXPRESSING APPRECIATION TO THE INSTITUTE FOR APPLIED
ENVIRONMENTAL RESEARCH.
Don Davis, City Administrator, explained this resolution is an
expression of the City's appreciation to TSU for the work and
help they have given the City in addressing the solid waste
problems.
7 Councilman Scott Evans made the motion, seconded by Councilman
Bill Johnson, to pass and adopt this RESOLUTION OF APPRECIATION
to TSU as presented. The motion carried UNANIMOUSLY.
(Resolution in its entirety attached)
XIV. CITY ADMINISTRATOR'S REPORT
A. Don Davis, City Administrator, reported that he and Ron Jones
were going to Austin on Wednesday, August 12th, to meet with
John Hall, who chairs the Water Commission to talk about this
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solid waste problems and possible demonstration grants. This
meeting was set up by Senator Glasgow. We will keep you in-
formed as we progress.
B. Mr. Davis also reported that we have finished the removal of
the sand, which was the final part of the Garfield elevated
storage tank improvements. That project is now complete.
The final details will be forthcoming in the monthly status
reports.
C. Also, we have essentially completed the street improvement
work. There is some cleanup work to be done. Dale and Frey
Streets have been reconstructed and the Street Department
1 has done a real good job. He said we feel real good about
the structural integrity of those streets now.
XV. CANVASS ELECTION RETURNS
Mayor Lohrmann appointed Councilmembers Sam Taylor, Chair, Don
Zelmsn, and Alan Nix to canvass the election returns of the spe-
cial election held Saturday, August 8, 1992.
Chairman Sam Taylor reported that the returns, as confirmed by
the Canvassing Committee, are as follows:
CITY COUNCIL, PLACE 3
George Swearingen 541
Carl Douglas Pleasant 414
L. Keith Madison 98
PROPOSITION
$750,000 Street Improvement 531 FOR
Tax Bonds 508 AGAINST
Councilman Sam Taylor made the motion, seconded by Councilman
Dan Collins, to pass and approve a Resolution canvassing and
( declaring the results of the City Special Election held on
Saturday, August 8, 1992. The motion carried UNANIMOUSLY.
(Resolution attached)
XVI. ADMINISTER OATH OF OFFICE
Joyce Pemberton, City Secretary, administered the Oath of Office
to newly elected Councilmember George Swearingen and Mr.
Swearingen took his seat.
XVII. COMMITTEE APPOINTMENTS
Mayor Lavinia Lohrmann recommended appointing Mr. Swearingen to
the Finance Committee, the Planning & Development Committee and
the Public Health & Safety.
Councilman Dan Collins made the motion, seconded by Councilman
Sam Taylor, to accept the recommended committee appointments for
the new Councilperson. The motion carried UNANIMOUSLY.
XVIII.CITY COUNCIL/CITIZEN GENERAL DISCUSSION
Councilman Don Zelman asked if it would be possible for sometime
for Mr. Davis or one of the staff to take the Council to the
^ site of the Wal-Mart development?
Mr. Davis replied that he would be more than happy to do so, at
the Council's convenience.
Elizabeth Zicklefoose commented that it was very hard to hear
councilmembers' discussion. Mayor Lohrmann asked the Council -
members to talk into their microphones.
Louise Pless mentioned the lack of air conditioning in the back
of Council Chambers. Mayor Lohrmann replied that staff would
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try to figure out some fan situation to bring the cool air to
the back of the room.
Councilman Dan Collins said he would like for the Council to
have the goal of trying to arrange the space in the Council
Chambers to where the audience can see all the visual aids that
are presented to the Council. Or have a duplicate copy, or some
thing because he thinks they deserve to know what's going on.
Mayor Lohrmann agreed.
r l XIX. EXECUTIVE SESSION, in compliance with the provisions of the
Texas Open Meetings Law, authorized by V.T.C.S. Article 6252-17,
Section 2(g) (Discussion of Personnel Matters):
A. Consider contract for legal services.
Mayor Lohrmann announced that City Attorney Randy Thomas had
stated he would forego the Executive Session, in which the
Council was to discuss a contract for legal services with Mr.
Thomas. Mr. Thomas confirmed this statement.
Councilman Scott Evans made the motion, seconded by
Councilman Don zelman, to approve the proposed contract for
legal services with Randy Thomas, effective October 1, 1992.
The motion carried UNANIMOUSLY.
XXI. ADJOURN.
There being no other business to come before the Council, Mayor
Lohrmann adjourned the meeting at 8:45 p.m.
S T :
1 y
,doyc,,o Pemberton, City Secretary
lX Q,✓tM"'a✓G��
Lavinia Lohrmann, Mayor
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