HomeMy WebLinkAbout1992-10-06 - Regular City CouncilMINUTES OF REGULAR MEETING
City of Stephenville - City Council
TUESDAY, OCTOBER 6, 1992 - 7:00 P.M.
The City Council of the City of Stephenville, Texas, convened in reg-
ular session on October 6, 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:
/1 Mayor: Lavinia Lohrmann
1 Mayor Pro Tem: Scott Evans
Councilmembers: Alan Nix
Donald L. Zelman
Sam Taylor II
George Swearingen
William F. (Bill) Johnson
Dan Collins
Bill Bailey
Absent: None
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. REQUEST FROM FIBERGRATE FOR AN AMENDMENT TO BUILDING CODE - Bill
Corbin
Virgil Aukes, President of Fibergrate , and Bill Corbin, Manager
of Fibergrate, presented a request for an amendment to the
City's Building Code, which would increase the allowable square
footage in the H-2 class manufacturing building by 1,500 square
feet.
David Dickerson also spoke in favor of this amendment.
After a lengthy discussion, Councilman Dan Collins made the
motion, seconded by Councilman Bill Bailey, to amend the ordi-
nance to allow for a square footage that satisfies Fibergrate's
current request (1,500 square feet). The motion did not carry
by the following vote:
AYES: Mayor Lavinia Lohrmann, Councilmen Dan Collins and Bill
Bailey.
NOES: Councilmen Alan Nix, Don Zelman, Sam Taylor, Scott Evans,
George Swearingen and Bill Johnson.
III. PLANS & SPECIFICATIONS FOR THE NORTHEAST AREA INTERCEPTOR SEWER
OUTFALL MAIN - Schrickel, Rollins & Associates, Inc.
Al Rollins, representing Schrickel, Rollins & Associates,
advised the Council that the plans for the Northeast Interceptor
Sewer Outfall main have been completed and approved. Mr. Rollins
said he was ready to go out for bids now. They will open bids
on November 12 and have recommendations for Council con-
sideration at the December 1st council meeting. He estimates
the start of construction some time in January or February, with
complete the main interceptor in late summer and complete the
rest of the work by December 1993. This will bring the City
into compliance with the latest time schedule that has been
submitted to the EPA.
Councilman George Swearingen made the motion, seconded by
Councilman Bill Johnson, to approve the plans and specifications
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for the Northeast Area Interceptor Sewer Outfall Main, as sub-
mitted by Schrickel, Rollins & Associates, to update the sewer
system. The motion carried UNANIMOUSLY.
IV. EXTENSION OF CONTRACT WITH L & W PAVING CO.
Don Davis, City Administrator, advised the Council that L. & W
Paving Company has agreed to extend to the City the same unit
prices bid this past summer. We would like to continue with the
present reconstruction program out of the Street Department's
operating budget for as long as the weather will allow. This
would allow us to sell the street bonds, get the money, and
continue this program next spring.
r 1 Councilman Scott Evans made the motion, seconded by Councilman
Dan Collins, to approve the extension of the contract with L & W
Paving Company and approve the street reconstruction program, as
outlined by Mr. Davis. The motion carried UNANIMOUSLY.
V. CONTRACT WITH STEPHENVILLE I.S.D. FOR D.A.R.E. OFFICER.
Don Davis, City Administrator, explained this is an agreement
with the Stephenville Independent School District to continue
the City's participation in the D.A.R.E. program. The SISD does
reimburse the City for Sgt. Miller's salary.
Councilman Scott Evans made the motion, seconded by Councilman
Alan Nix, to approve the contract with the Stephenville ISD for
the D.A.R.E. program. The motion carried UNANIMOUSLY.
VI. COMPENSATION POLICY FOR VOLUNTEER FIREFIGHTERS
Don Davis, City Administrator, explained that this is an unwrit-
ten policy, in which the City provided a benefit to the
volunteer firefighters to provide them with water up to a cap
of 240,000 gallons per year. He said there was some concern
about the ongoing liability of this policy. It is being recom-
mended that a policy be approved that would discontinue this
/1 benefit for any new volunteer fire fighters that come onboard
I after the adoption of the policy. It would continue to extend
this benefit to those who are eligible, which would be any
active volunteer or any volunteer who had qualified for retire-
ment under their retirement policy. Essentially, this will stop
this policy from perpetuating itself over the years and, through
attrition, gradually eliminate this benefit for the paid person-
nel, without affecting those who entered into the program with
the understanding that this would be granted to them in award
of their efforts.
Dan Rivers, volunteer Fire Chief, addressed the Council stating
that he did not have a problem with the policy as stated by Mr.
Davis. He said the "free" water was all the volunteers receive
for helping the city. He said he did not think it would have a
big impact on recruiting new volunteers.
Mayor Lavinia Lohrmann commented that, considering the water
conservation plan, the Council might consider lowering the
amount of water allowed annually. She said 20M gallons per
month seemed like a lot of water per household.
Councilman George Swearingen commented that he had checked on
the average water consumption on residents in Stephenville. The
average consumption is between 7M and 9M gallons per month. He
r"\ felt it would be reasonable to cut the 20M/mo to 10M or 12M
gallons per month. Also, there is 6 paid firemen who are eli-
gible for the "free" water. He said he would recommend that the
paid firemen be taken off the "free" water, as they are paid
overtime if they are called back on a fire call. He recommended
cutting the water allowance to no more than 12M gallons, pro-
bably 10M gallons, per month, which is more than the average
resident uses. Any new volunteers would not qualify for it.
Councilman Don Zelman made the motion, seconded by Councilman
Bill Johnson, to adopt the policy of not providing "free" water
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for new volunteers and cut the existing ration to those
currently receiving "free" water to 12M gallons per month.
Also, that the paid firemen not be included for the "free" water
benefit.
Councilman Scott Evans suggested that Mr. Rivers talk to his
men about using this money for the training facility instead of
furnishing the water.
Councilmen Don Zelman and Bill Johnson withdrew their motion and
second.
It was the consensus of the Council to assign this item to the
Public Health and Safety Committee for further study.
VII. PLAN OF PROCEDURES FOR SINGLE MEMBER DISTRICTS
Don Davis, City Administrator, commented that there have been
some inquiries from the Council and some discussion among the
Council as to whether to proceed or not proceed; if so, how to
approach it and the dollars that are involved. The staff needs
some direction on how the Council wants to proceed with the
single -member district issue.
After a lengthy discussion, Councilman Dan Collins moved to
instruct Mr. Davis to find the best bid on bringing this process
to a vote; report to the Council on the best bid and let the
Council instruct him to proceed further after we see the bid.
Seconded by Councilman Scott Evans. The motion carried by the
following vote:
AYES: Councilmen Don Zelman, Sam Taylor, Scott Evans, George
Swearingen, Dan Collins, and Mayor Lavinia Lohrmann.
NOES: Councilmen Alan Nix, Bill Johnson and Bill Bailey.
VIII. PLANNING & ZONING COMMISSION
A. FINAL PLAT OF A REPLAT OF LOT 1, BLOCK 10, GOLF COUNTRY
ESTATES
B. FINAL PLAT OF A REPLAT OF LOTS 19 THRU 26, BLOCK 18, GOLF
COUNTRY ESTATES
C. A REPLAT OF PART OF LOT 6, BLOCK 35, SOUTH SIDE ADDITION
D. THE SITE DEVELOPMENT PLAN OF 0.757 ACRES OF THE JOHN BLAIR
SURVEY. (Frey and Race Streets)
Councilman Sam Taylor moved approval collectively all the final
plats and the site development plan, as listed above in Item VIII
of the agenda, seconded by Councilman Dan Collins. The motion
carried by the following vote:
AYES: Councilmen Don Zelman, Sam Taylor, Scott Evans, George
Swearingen, Bill Johnson, Dan Collins, Bill Bailey and
Mayor Lavinia Lohrmann.
NOES: None
ABSTAIN: Councilman Alan Nix (due to a conflict of interest)
o"IX. PLANNING & DEVELOPMENT COMMITTEE REPORT
A. Revise Fees For Building & Development Permits
Councilman Sam Taylor moved approval of the revision of the
fee schedule for building and development permits as recom-
mended by the Planning & Development Committee. Seconded by
Councilman Don Zelman. The motion carried UNANIMOUSLY.
Preliminary Plat $10/plat + $1.00/lot To $100/plat + $5.00/lot
Final Plat $20/plat + .500/lot To $100/plat + $5.00/lot
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Replat $20/plat To $100/plat
Site Development Plan $20/plan To $100/plan
X. WATER PLANNING COMMITTEE REPORT
Councilman Scott Evans, Chairman of the Water Planning Committee,
reported:
A. The E.P.A.'s deadline for completing the Northwest Sewer
Outfall Line by July, 1993 has been changed to November, 1993.
B. Several members of the Committee attended the Texas water
Commission public hearing in Austin. One of their agenda
items that related to our stream standards for discharge of
our effluent out of our wastewater treatment plant. we were
successful in having those stream standards amended, so that
our new wastewater treatment plant will be able to meet that
criteria.
C. There was not much to report on the Paluxy Reservoir. Jim
Shackleford, President of the Somerville Water District, has
been sick, therefore, there has not been a lot of progress on
that this summer.
D. The Committee is recommending that the City apply for a
Community Development Block Grant for the Clifton Heights
area.
NO ACTION TAKEN/NEEDED.
XI. CONSENT AGENDA:
A. APPROVAL OF MINUTES: September 1, 1992
B. RESOLUTION REQUESTING FINANCIAL ASSISTANCE FROM WATER
DEVELOPMENT BOARD
C RESOLUTION AUTHORIZING APPLICATION FOR A COMMUNITY
DEVELOPMENT GRANT
Councilman Scott Evans moved approval of the Consent Agenda as
read. Motion seconded by Councilman Bill Johnson. The motion
carried unanimously by a roll call vote.
XII. BID SPECIFICATIONS FOR WATER & SEWER RATE STUDY
Don Davis, City Administrator, explained that money was allo-
cated in the budget to proceed with employing a consultant to
review the water and sewer rates and make a recommendation on
the restructuring of those rates.
Councilman Alan Nix moved to authorize the procedure to go ahead
with soliciting requests for proposals to do a water and sewer
rate study. Motion seconded by Councilman Don Zelman. The
motion carried UNANIMOUSLY.
XIII. BID SPECIFICATIONS FOR UNIFORMS
Don Davis, City Administrator, advised these are the specifica-
tions for the purchase of uniforms for the Public Works
Departments. These are annual bids and money has been budgeted
^ for this purchase.
Councilman George Swearingen moved approval of the specifications
for uniforms for the Public works Departments. Motion seconded
by Councilman Dan Collins. The motion carried UNANIMOUSLY.
XIV. BID SPECIFICATIONS FOR TWO POLICE CARS
Don Davis, City Administrator, advised these specifications are
for the purchase of (2) two new police cars. The money was
allocated in the budget.
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Councilman Alan Nix moved approval of the specifications for the
purchase of two new police cars. Motion was seconded by
Councilman Bill Johnson. The motion carried UNANIMOUSLY.
XV. AWARD BID FOR CLAY LINER AT LANDFILL
Don Davis, City Administrator, advised this will complete the
necessary lining of the cells at the landfill and will enable
us to continue with our closure plans.
Councilman George Swearingen moved to award the bid for clay
liner at the landfill to Jay Mills Construction Co. for $64,200.
Motion seconded by Councilman Alan Nix. The motion carried
UNANIMOUSLY.
XVI. BUDGET ADJUSTMENTS
Don Davis, City Administrator, explained these budget adjust-
ments are a part of the year-end accounting practices. The
unaudited Financial Report for the fiscal year 1991-92 shows all
Divisions ended with positive balances except Community Services,
where there was an approximate $21,000 deficit.
Mayor Lavinia Lohrmann commented that she had a big problem with
changing the budget after the fact. We did this last year with
a $60,000 deficit and she felt very uncomfortable about changing
after the budget year was over. She said she felt she should
mention this to the Council and that she was very, very worried
about this. It was called to the Council's attention in the
last audit. Mrs. Lohrmann said she has a very big problem with
amending the budget after the fact, as has been done in the past.
Councilman George Swearingen moved to transfer $10,000 from the
Finance Division and $11,000 from the Police Division to the
Community Services Division, Parks & Recreation Department, as
recommended. Motion seconded by Councilman Don Zelman. The
motion carried by the following vote:
AYES: Councilmen Alan Nix, Don Zelman, Sam Taylor, Scott Evans,
George Swearingen, Bill Johnson, Dan Collins and Bill
Bailey.
NOES: Mayor Lavinia Lohrmann.
XVII. DISCUSS C.A.D. APPRAISAL PROCEDURES - Jerry Lee and John Whiting
Jerry Lee, Chief Appraiser for the Central Appraisal District,
and John Whiting, the City's representative to the C.A.D. Board
of Directors, addressed the Council regarding the Appraisal
Districts procedures and to explain the devaluation of this
year's certified tax roll from $298,274,154 in 1991 to
$280,940,012 in 1992.
Mr. Lee said a lot of the decrease in value this year took place
because they lowered some properties. The sales they gathered
together indicated they needed to make some changes in commer-
cial properties and they made those changes. They were substan-
tial. In 1991 our commercial properties were at a ratio of 95%.
After 1991, when we gathered the sales, we found a lot of pro-
perties were high. The sales are the indicators as to what we
do with those property values each year. Mr. Lee also advised
that the time limits imposed on them by state statute is the
^ reason they cannot give the City a certified tax roll any
l earlier.
No Action Taken/Needed.
XVIII. CITY ADMINISTRATOR'S REPORT
A. Garfield Storage Tank Status Report
Don Davis, City Administrator, reported that the final cost
on the Garfield Storage Tank is $213,347.00, which is $63,347
109MM
over estimated costs. Mr. Davis commented that he felt the
overage was due to the fact that neither the City nor the
contractor was familiar with the new E.P.A. guidelines on
handling the leaded paint, therefore, we did not budget
accordingly. The job is complete and paid for out the water
Reserve.
B. Consider Setting A Date For Special Meeting
It was the consensus of the Council to set Wednesday, October
21, 1992, at 5:30 p.m., as the date and time for a special
meeting.
I \ C. Mr. Davis reported that Steve Madison, Recreation
Superintendent, received the Texas Amateur Athletic
Federation President's Award this year for his outstanding
work done in 1992 within the TAAF programs. Steve serves as
a regional director and is on the Board of Directors for the
TAAF and is also commissioner for the statewide youth basket-
ball program.
D. Mr. Davis advised that we have received 15-20 letters from
some TSU students regarding recycling and the manhole on Long
Street.
E. Mr. Davis reported that we have not heard anything from
Commissioner Hall or the Texas water Commission regarding
the landfill closure. If we have not heard anything by this
week, we will go to "Plan B". We are under such a time
constraint we can't wait much longer. The Landfill Committee
has looked at a proposal from Earth Care, which is a group
out of Arkansas, they are prepared to come in work with us
on the municipal solid waste and the composting of that and
set aside the dairy waste at this time. If we don't hear
anything from the water Commission this week, then, he
suggests the Landfill Committee and talk with Earth Care,
review a schedule and see if that would be a feasible alter-
native. Also, we still have the option to contract with a
n private hauler to collect and dispose of the waste.
XIX. CITY COUNCIL/CITIZEN GENERAL DISCUSSION:
Councilman George Swearingen commented that approximately a week
ago, we had a U.S. Senator come to Stephenville. He said he
was curious as to why no one from the City officially gave him
a welcome to our city. Is there a reason why that wasn't done?
Mayor Lavinia Lohrmann replied that it was mentioned to her and
she had made plans for quite some time to be out of town and
was out of town the whole weekend. Said she didn't know about
anyone else.
Councilman George Swearingen said he felt it would have been
appropriate for Mrs. Lohrmann to have contacted the Mayor Pro
Tem to see if he could and would represent our city with a
welcome to the Senator, or at least, have a letter presented at
that meeting, expressing regret at not being able to be present.
Mayor Lavinia Lohrmann said she advised whoever called her to
call Mr. Evans, who was Mayor Pro Tem.
Councilman Scott Evans said he would like to commend Councilman
Bill Johnson for the work he did at the Jaycee Park.
XX. EXECUTIVE SESSION: At 10:20 p.m., Mayor Lavinia Lohrmann called
the City Council into Executive Session, in compliance with the
provisions of the Texas Open Meetings Law, authorized by:
Section 2(f) - (Discussion of the purchase, exchange, lease, or
value of real property or prospective gifts or donations to the
City):
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A. Contract with Heritage Hill, Inc.
B. Ordinances of Condemnation concerning easements from R.
Elliott, R. Dickens, J. Baccus and Pearl Parker.
C. Purchase of easement from David Dill.
XXI. At 11:10 p.m., Mayor Lavinia Lohrmann reconvened the City
Council into open session. The following action was taken on
matters discussed in executive session:
A. Councilman Scott Evans moved to authorize the Mayor to sign
the agreement with Heritage Hills, Inc., subject to their
signing of said agreement. The motion seconded by Councilman
Dan Collins. The motion carried UNANIMOUSLY.
B. Councilman Scott Evans moved approval of Ordinances of
Condemnation on easements from Robert Elliott, Ronald Dickens,
and Pearl Parker. Seconded by Councilman Bill Johnson. The
motion carried UNANIMOUSLY.
No action taken on easement from Jack Baccus.
C. Councilman Scott Evans moved to purchase Mr. Dill's tree for
$900.00. Seconded by Councilman Don Zelman. The motion
carried UNANIMOUSLY.
There being no other business to come before the Council at this time,
Mayor Lavinia Lohrmann adjourned the meeting at 11:15 p.m.
i
A T: Lavinia Lehrmann, Mayor
yc Pemberton, City Secretary
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