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HomeMy WebLinkAbout1992-11-10 - Regular City CouncilMINUTES OF REGULAR MEETING City of Stephenville - City Council TUESDAY, NOVEMBER 10, 1992 - 7:00 P.M. The City Council of the City of Stephenville, Texas, convened in regu- lar session on November 10, 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 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. PRESENTATION OF FINANCIAL REPORTING ACHIEVEMENT AWARD. ^ Mayor Lohrmann presented Don Davis, City Administrator, with an award from the Governmental Finance Officer Association for meeting all the criteria as set forth by the Association for good budgeting and auditing practices. III. AUTHORITY TO ESTABLISH SPEED LIMITS IN CONSTRUCTION ZONES. Don Davis, City Administrator, explained that the Texas Depart- ment of Transportation is requesting that the City authorize the State to reduce speed limits within construction zones on State Highways. Councilman Scott Evans moved to authorize the staff to send a letter to the Texas Department of Transportation authorizing the State to reduce speed limits within construction zones on State Highways within the city limits of Stephenville. Also, to add the provision that the State notify the City 30 days ahead when they will have construction on State Highways within the city limits so that we may notify our public safety personnel. Councilman Alan Nix seconded the motion. The motion carried UNANIMOUSLY. IV. BUDGET AMENDMENT REOUEST - SARAH MILLER Sarah Miller, Municipal Court Judge, appeared before the Council ^ requesting a budget amendment in the amount of $ 3 , 000 for her computer software maintenance contract out of funds collected under the Drivers Safety Act. Don Davis, City Administrator, advised that no money was authorized for this expense at budget time. Also, the fees for defensive driving is not restricted and can be used for the nor- mal court administrative cost. After a lengthy discussion, Councilman George Swearingen moved to assign this item to the Finance Committee for further study. - 214 - Councilman Don Zelman seconded the motion. The motion carried by the following vote: AYES: Councilmen Alan Nix, Don Zelman, Sam Taylor, Scott Evans, George Swearingen and Bill Bailey. NOES: Councilmen Bill Johnson, Dan Collins and Mayor Lavinia Lohrmann V. PLANNING & ZONING COMMISSION A. Final Plat of a Replat Lots 22 and 23, Block 1, Golf Country Estates B. Final Plat of a Replat Lots 8 thru 14 and Lots 22 thru 28, Block 4, Frey Second Addition Councilman Alan Nix moved approval of the Final Plat of a Replat of Lots 22 and 23, Block 1, Golf Country Estates AND the Final Plat of a Replat of Lots 8 thru 14 and Lots 22 thru 28, Block 4, Frey Second Addition, as recommended by the Planning & Zoning Commission. The motion carried UNANIMOUSLY. C. Vacate Alley Located in Block 20, Frey First Addition Councilman Bill Bailey moved approval of AN ORDINANCE DECLARING THAT PORTION OF AN ALLEY RUNNING FROM NORTH RACE AVE ON THE EAST TO THE WEST SIDE OF LOTS 1 AND 2 OF BLOCK 20, FREY FIRST ADDITION TO THE CITY OF STEPHENVILLE, TEXAS, CONTAINING 880 SQUARE FEET OF LAND TO HAVE BEEN ABANDONED AS AN ALLEY, ORDERING THE SAME VACATED AND CLOSED, FINDING THE VALUE OF SAID LAND AND AUTHORIZING THE CONVEYANCE OF SAME TO CALVARY BAPTIST CHURCH, UPON PAYMENT OF THE AMOUNT FOUND TO BE THE VALUE OF THIS LAND ($88.00). Councilman Sam Taylor seconded the motion. The motion carried UNANIMOUSLY. VI. COMMITTEE REPORTS: n A. Personnel Committee 1. Water policy for volunteer firemen Councilman Sam Taylor commented that concern arose over compliance with the Fair Labor Standards Act concerning the volunteer firefighters' status under that Act. The water benefit being construed, under that Act, as compen- sation. The Committee met with the Volunteers and the desire of those involved, to come into compliance with the Act, was to phase out the water benefit without going back on the agreement with the existing volunteer firefighters. That is the attempt that was made and that is what the Committee believes they have accomplished with this agreement. He said he believed that the volunteer fire- fighters that were present at the meeting agreed with the decisions. Councilman Sam Taylor said the Committee, after the meeting with representatives of the Volunteer Firefighters, is recommending the "Policy on Water Benefits for volunteer Firefighters" (included in the agenda packet, pg. 18) be approved. ^ Tommy Owens, Joe Brown and Carroll Lee, members of the ( , Stephenville Volunteer Fire Department, addressed the Council in opposition to this policy. Also, Mrs. Rose wooley spoke in opposition. After a very lengthy discussion, Councilman Sam Taylor moved approval of the amended water Policy For volunteer Firemen, as recommended by the Personnel Committee. Councilman Alan Nix seconded the motion. The motion carried by the following vote: - 215 - AYES: Councilmen Alan Nix, Don Zelman, Sam Taylor, Bill Johnson, Dan Collins and Bill Bailey. NOES: Councilmen George Swearingen, Scott Evans and Mayor Lavinia Lohrmann (Copy attached and becoming a part of these minutes.) B. Nominations Committee 1. Appointment to C.A.D. Board of Directors (see Executive Session) 1 2. Nominees to Appraisal Review Board Councilman Bill Bailey advised the Council that the names listed as nominees to the Appraisal Review Board are ones suggested by the Committee. The Committee would like for the Council to submit any nominees they might have at this time. Councilman Bill Bailey moved to submit the names of Dottie Corbin, Joel Hillin, Vernon Sweeney, Leo Purvis, and Joe Autry as nominees to the Appraisal Review Board. Council- man Don Zelman seconded the motion. The motion carried UNANIMOUSLY. C. Planning & Development Committee 1. Appoint Committee for Single -Member Districts. Mayor Lohrmann submitted for Council approval the names of Sam Taylor, Chair, Scott Evans, and Dan Collins, as a Committee for Single -Member Districts, with Mayor Lohrmann as a non -voting member. Councilman Bill Johnson moved to approve the Committee, as submitted by Mayor Lorhmann. Councilman Dan Collins seconded the motion. The motion carried UNANIMOUSLY. D. Landfill Committee 1. Status report on landfill closure and compost facility Don Davis, City Administrator, reported that the Landfill Committee had met last week and will probably meet again next week. He said there was not a lot to report as far as the landfill closure. He said we are moving ahead with completion of the contract for the liner. Expect it will be another 30 days before completion, which a lot depends on the weather. The engineers have not been able to get out on site. The landfill closure plan has not progressed much in the last week. We are moving as quickly as we can with both the closure plan and construction of the liner. 2. Contract with Texas Water Commission to complete the feasibility study on composting. Don Davis, City Administrator, advised that he had sent the Council a copy of the letter we received from the Texas Water Commission. We have not received the actual contract, however, he had talked with representatives of the Water Commission last Friday and they assured him the ( contract was forthcoming. It is "hung up" in their legal department. They asked that we respond to the letter they sent us, as far as the general consensus of the City as to whether or not, what was proposed in that letter was agreeable to the City. That is the consideration the Council might give tonight, is the letter satisfactory? Is the stipulations they put in the letter satisfactory? We have also received a contract from Tarleton State University. TSU, as you know, is one of the contractors that we have asked to help us with this feasibility study. - 216 - We received, from Earth Care, a proposal, by FAX, which was so gabled we could not read it. They were to have sent a hard copy by overnight mail and we have not received it at this time, therefore, we do not have any of the contracts available tonight. If we do have a special council meeting within the next week or so, that this item again be placed on the agenda and, hopefully at that time, we'll be able to formally act on these contracts. VII. CONSENT AGENDA: Councilman Alan Nix moved approval of the Consent Agenda, as ^ listed. Councilman Sam Taylor seconded the motion. The motion ! carried UNANIMOUSLY by a roll call vote. Don Davis, City Administrator, commented that at the Landfill Sub -Committee meeting, Councilman Don Zelman had mentioned that we at least talk with the successful bidder on the water/sewer rate study to give a proposal, after they finish the water/sewer rate, include looking at the our solid waste rates. He said he thought it was an excellent suggestion. Of course, if we choose to do that, we will bring it back to the Council. A. APPROVAL OF MINUTES: October 6, 1992 and October 21, 1992 B. Award bid for two patrol cars to Bruner Motors @ $24,790.04 C. Award bid for water/sewer rate study to Willis, Graves & Associates at an estimated cost of $12,000. D. Award bid for uniforms to four different vendors in order to get the overall lowest and best bid for the City: Shirts from Dickie - Pants from JCPenney - Jackets and Coveralls from R & R Uniforms - Boots from Red Wing Shoe Store. VIII. BID SPECIFICATIONS FOR WATER WELL PUMP REMOVAL. Councilman George Swearingen moved approval of the bid specifi- cations for water well pump removal. Councilman Scott Evans seconded the motion. The motion carried UNANIMOUSLY. IX. BID SPECIFICATIONS FOR TRUCKS. Councilman Scott Evans moved approval of the bid specifications for trucks. Councilman Dan Collins seconded the motion. The motion carried UNANIMOUSLY. X. BID SPECIFICATIONS FOR OFFICE SUPPLIES. Councilman Scott Evans moved approval of the bid specifications for office supplies. Councilman Alan Nix seconded the motion. The motion carried UNANIMOUSLY. XI. PUBLIC HEARING TO CLOSE STEPHENVILLE VINEYARD PROJECT. At 9:00 p.m., Mayor Lavinia Lohrmann opened the floor for a public hearing regarding the closing of the Stephenville Vineyard Project. Those for closing the vineyard: None ^ Those opposed to closing the vineyard: None Councilman Scott Evans commented that "a part of this project not very many people know anything about, but I think it is important that we at least make note of it. I think everybody on the Council probably understands that in this default I know a good part of these assets were bought back by the same people that defaulted on this loan and I don't think that's right. I wouldn't speak for the rest of the Council, but my guess is there are some of those that don't think that's right. By law, its my understanding, there's not anything we can do about it and yet, I still don't think its right." - 217 - Mayor Lavinia Lohrmann said "I got on a big stump and had a big sermon to Bill (Councilman Bill Johnson) about that. I said, you know, I think that we at least ought to have our say about how poor we think this judgment on the State's part is, to allow this to happen and we should say we don't approve of that, which of course will get us nowhere, except it might make me feel better and Scott." Councilman Bill Johnson said "me too". Councilman George Swearingen said "add my two cents worth. I don't think the people should have been allowed to even bid on /� the property after they defaulted on it; they should have been r jailed for it, if nothing else." There being no other comments, Mayor Lavinia Lohrmann closed the public hearing at 9:05 p.m. XII. CONSIDER RESOLUTION GIVING NOTICE OF INTENT TO ISSUE REVENUE BONDS AND ALL MATTERS RELATED THERETO. Don Davis, City Administrator, explained that this is a part of the procedure for applying for the State Revolving Fund with the Texas Water Development Board. Councilman Bill Johnson moved to approve the Resolution giving notice of intent to issue revenue bonds. Councilman Dan Collins seconded the motion. The motion carried UNANIMOUSLY. XIII. CITY ADMINISTRATOR'S REPORT: None XIV. CITY COUNCIL/CITIZEN GENERAL DISCUSSION Don Davis, City Administrator, explained the complaint forms given to the Council are for their use when they see something that needs attention and return them to himself or Joyce Pemberton. Mayor Lavinia Lohrmann recommended the Council attend a meeting on "Keep Texas Beautiful" to be held December 9th at the Mineral wells State Park. XV. At 9:15 p.m., Mayor Lavinia Lohrmann called the Council into EXECUTIVE SESSION in compliance with the provisions of the Texas Open Meetings Law, authorized by: Sections 2(g)(f) (Discussion of the purchase, exchange, lease or value of real property or prospective gifts or donations to the City); (discussion of appointment to C.A.D. Board of Directors) to discuss the following items: A. Discussion of Condemnation Procedures on Easements from R. Elliott, R. Dickens, J. Baccus and P. Parker B. Ordinances of Condemnation concerning property owned by Bill Ross and Glenn Ramsay. C. Discuss Right -of -Way Acquisition for North/South Arterial by Proposed Wal-Mart Subdivision. D. Discussion of Appointment to CAD Board of Directors At 10:50 p.m.. Mayor Lohrmann reconvened the Council into open ( 1 session. XVI. ACTION TAKEN ON ITEMS DISCUSSED IN EXECUTIVE SESSION. A. Discussion of Condemnation Procedures on Easements from R. Elliott, R. Dickens, J. Baccus and P. Parker. No Action Taken B. Ordinances of Condemnation concerning property owned by Bill Ross and Glenn Ramsay. - 218 - Councilman Scott Evans moved approval of Ordinances of Condemnation concerning property owned by Bill Ross and Glenn Ramsay. Councilman George Swearingen seconded the motion. The motion carried UNANIMOUSLY. C. Discuss Right -of -Way Acquisition for North/South Arterial by Proposed Wal-Mart Subdivision. No Action Taken. D. Discussion of Appointment to CAD Board of Directors A Councilman Scott Evans moved to appoint Helen Martin to the r Erath County Appraisal Board of Directors. Councilman Sam Taylor seconded the motion. The motion carried UNANIMOUSLY. There being no other business to come before the Council at this time, Mayor Lavinia Lohrmann adjourned the meeting t 11:00 p.m. ATTEST: /- L nia Lohtrrr6nn, Mayor Joyce POmberton, City Secretary W - 219 -