HomeMy WebLinkAbout1998-04-07 - Regular City Council
Bill Corbin
MINUTES OF GENERAL BUSINESS MEETING
City of Stephenville - City Council
TUESDAY, APRIL 7, 1998 - 7:00 P.M.
The City Council of the City of Stephenville, Texas, convened on April 7, 1998, at 7:00
p.m., in the Council Chambers at City Hall, 298 West Washington Street, for the purpose of a
General Business Meeting, 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 Chapter 551,
Government Code, Vernon's Texas Codes Annotated, with the following members present, to
wit:
Mayor : John Pollan
Councilmembers : Jerry B. Madkins (tardy)
Barbara Terrell
K. H. Conatser
Billy Bob Hodges
Bea Marin
Marshall Shelton
Joel Hillin
Others Attending : Don Davis, City Administrator
Cindy L. Stafford, City Secretary
Randy Thomas, City Attorney
I. CALL TO ORDER.
Mayor Pollan called the meeting to order at 7:00 p.m. and declared a quorum
present.
II. CITIZENS? GENERAL DISCUSSION
No one addressed the council.
Mayor Pollan recognized Boy Scout Glynn Adcock from Troop 18, who is
working on his Citizenship in the Community merit badge.
III. QUARTERLY REPORT FROM OMI ON WASTE WATER TREATMENT
General Business Meeting -- April 7, 1998
Stephenville City Council
PLANT
Ed Schwab, Regional Business Manager, for OMImade this report. He stated
that the Stephenville plant has had no permit violations and has accumulated 3,200
preventative maintenance
IV. CONSIDER APPROVAL OF A WESTERN HERITAGE LOGO
V. PLANNING AND DEVELOPMENT COMMITTEE REPORT
1. Agreement with Stephenville Bank and Trust Co.
2. 1998 Street Reconstruction Program
3. E-Z Mart Property
VI. PUBLIC HEALTH AND SAFETY COMMITTEE REPORT
1. Emergency Medical Service
2. Consider an Ordinance Changing the Speed Limit on FM 205
3. TxDOT Letter Concerning Parking Problem
VII. NOMINATIONS COMMITTEE REPORT
VIII. CONSIDER CHANGE ORDER NO. 1 AND FINAL PAYMENT FOR THE
DOWNTOWN PLAZA
City Administrator Don Davis reported that because of unforeseen and unknown
circumstances at the Downtown Plaza, adjustments were necessary in the contract.
Those adjustments total the $12,900 sought as additional costs. Davis stated
that staff and the engineers recommended that the change order be approved and
that this be the final payment to Rick Hale Construction for this project.
Council member Conatser asked whether or not the engineers were aware that
there was a gas transmission line, or whether they did or did not look at the
foundations and slabs of the buildings that were left.
Davis answered that the gas transmission main was an unknown element until such
time as the excavation began.
Conatser questioned Davis, ?Isn?t it the responsibility of the engineer to check
those things out before they start construction?? Davis replied that engineers rely
General Business Meeting -- April 7, 1998
Stephenville City Council
a great deal on the information that the City provides them. Davis said, ?I don?t
know that they?re going to go research the records to determine the various utility
lines.? Davis also stated that the scope of work would need to be reviewed to
determine their responsibilities to the project. Conatser asked why this wouldn?t
be in the normal scope of engineering, and ?why do we have to spell out every
detail of what we want them to do?. Davis said that the engineers did not do an
engineering report, but that they were hired to design the facility.
Conatser asked what necessitated tearing out the storm water drain on the corner.
Davis said he did not remember and called on Director of Community Services,
Ronnie Isham. Isham stated that the inlet was there but had to be rebuilt to match
the grade of the park.
Council member Hodges stated that he did not recall the exact scope of work but
said he does know that Schrickel-Rollins was hired to design an auto park just the
way it is now. Hodges also stated that he doesn?t think it was any part of the
contract to require the engineers to go underground below the Majestic Theatre to
see if there was anything there. Hodges said the gas transmission line was an
unforeseen obstacle that came about because of the excavation. Hodges said he
did not know of any engineering firm that goes under ground when they are hired
for design work. Hodges said he would have hoped that the gas company would
have come forward to inform the city of this line.
Mayor Pollan said there should be no surprise that a contract of this size would
have a cost overrun. He reminded the council that the bid which the council
accepted for demolition came in about $15,000 under the next bid, and there was
some concern that maybe some shortcuts were taken which now represent
additional costs. Pollan said it is difficult to place the responsibility solely on one
party, whether it be the engineer, the contractor, the landscaper, etc. Pollan
added that there were a series of problems that compounded the situation.
Conatser said that he had no problem whatsoever with the cost overrun, but that
he certainly expected the city to get what it pays for. He said he expects a
thorough job from Schrickel-Rollins, Conatser said he didn?t question the $12,910
to the contractor.
Council member Terrell did not wish to comment on the figures, but stated, ?I am.
looking here across at the plaza, and I am so proud of it. I spent 20 years of my
life in a building over there, and I cried when it came down; but it?s a beautiful
plaza. I?m sorry it didn?t come in right at cost, but I think we have a wonderful
place to celebrate our community.?
Council member Shelton said that a portion of the $12,000 is justified because
General Business Meeting -- April 7, 1998
Stephenville City Council
nobody could anticipate the weather, but there is a portion of this $12,000 that, in
the past, a reputable engineering firm would have stepped up and said, ?Here, let
me bear this particular burden.? Shelton added, ?I think we need to go ahead and
pay this and just be careful in the future, and when an engineer has a responsibility,
I think we need to hold them to it; or at least that portion that we can make it
responsible for.?
Davis said he felt inadequate trying to answer for the engineering firm. He
suggested that, if council has a problem with the engineering firm or the way they
have handled it, the council and the engineering firm should possibly visit about
that. Pollan suggested that a letter be sent to Schrickel-Rollins to advise them of
some of the thoughts and questions of certain council members.
Conatser said, ?I assume Schrickel-Rollins has already been paid for their work,
but I can assure you as well as them, as long as I?m on this council, it will affect
any decision I make concerning them.
Council member Shelton made a motion to pay the cost overrun of $12,910.00 and
direct a letter to Schrickel-Rollins advising them of the concerns of the council.
Council member Conatser seconded the motion which passed by unanimous vote.
IX. CONSIDER EASEMENT AGREEMENT WITH APPLETON ELECTRIC
COMPANY
X. CONSIDER THE FEDERAL HEALTH INSURANCE PORTABLE AND ACCOUNTABILITY ACT
XI. APPROVAL OF INTERNET POLICY FOR PUBLIC LIBRARY USE
XII. CONSIDER AUTHORIZING FORGIVENESS OF AMERICAN LEGION
PROPERTY TAX
XIII. APPOINTMENT OF ELECTION JUDGE AND ALTERNATE ELECTION
JUDGE FOR THE MAY 2, 1998 CITY ELECTION
XIV. CONSENT AGENDA
A. Approval of Minutes
1. Regular Business Meeting on March 3, 1998
2. Special Business Meeting on March 17, 1998
B. Bid Awards
General Business Meeting -- April 7, 1998
Stephenville City Council
1. Ambulance
2. Relocation of 16"Water Line along US 67/377
3. Janitorial Service
4. Janitorial Supplies
5. Office Supplies
6. Airport Pump Station Repairs
7. Main Disconnect for Airport Pump Station
8. Emergency Repair on Sewer Cleaning Machine
C. Bid Specifications--Repairs of West Well on Paddock Street
D. RFP for Roof at Fire Station No. 2
E. Authorization to Sell City Property
XV. CITY ADMINISTRATOR?S REPORT
XVI. EXECUTIVE SESSION in compliance with the provisions of the Texas Open
Meetings Law, Subchapter D, Local Government Code, Vernon?s Texas
Codes, Annotated, in accordance with §551.071(1)(A) Consultation with
Attorney, pending or contemplated litigation and §551.074(a)(1) Personnel
Matters, to deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of a public officer or employee.
A. City of Stephenville v. Clovis Russell (condemnation)
B. Texas Parks & Wildlife Department, et al v. Texas Water
Commission, et al; Cause No. 432,066; in the 98th Judicial District
Court, Travis County, Texas
1. Pending lawsuit filed by landowners
2. Refiling permit
C. City Administrator?s Evaluation
XVII. ACTION TAKEN ON MATTERS DISCUSSED IN EXECUTIVE SESSION
(if necessary)
No action was taken on matter discussed in executive session.
XVIII. ADJOURN
General Business Meeting -- April 7, 1998
Stephenville City Council
There being no further business to come before the Council, the meeting was
adjourned at 9:12 p.m.
_____________________________________
John Pollan, Mayor
ATTEST:
____________________________________
Cindy L. Stafford, City Secretary
General Business Meeting -- April 7, 1998
Stephenville City Council