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HomeMy WebLinkAbout1999-11-02 - Regular City Council MINUTES OF GENERAL BUSINESS MEETING City of Stephenville - City Council TUESDAY, NOVEMBER 2, 1999 ? 5:30 P.M. The City Council of the City of Stephenville, Texas, convened on November 2, 1999, at 5:30 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 Moser Mayor Pro-Tem : Barbara Terrell Council members : Ed Horton (tardy) Joel Hillin Marshall Shelton Bill Corbin Rusty Jergins Bea Marin Wm. H. Stanley Others Attending : Don Davis, City Administrator Cindy L. Stafford, City Secretary Randy Thomas, City Attorney I.CALL TO ORDER Mayor John Moser called the meeting of the Stephenville City Council to order at 5:30 p.m. on Tuesday, November 2, 1999. Mayor Moser declared a quorum present. Mayor Moser recognized Nick Soltau from boy Scout Troop 39. II.CITIZENS? GENERAL DISCUSSION No one addressed the council during this agenda item. III.PLANNING AND ZONING COMMISSION?PUBLIC HEARINGS Mayor Moser announced a request to rezone from B-2 ?Secondary and Highway Business District? to R-3 ?Multiple Family Residential District?, Lots 15A and part of 16, Block 139, City Addition, located at 111 block of North Dale Avenue. Betty Chew, Director of Community Development, gave the staff report on this item. Uncommon Investments is the applicant requesting this zone change. Applicants have indicated that if rezoning is accomplished, they will purchase the property from General Business Meeting ? December 7, 1999 Stephenville City Council H.O.P.E., Inc. and construct an eight-unit apartment complex on the property. The Comprehensive Plan?s projected land use for this area is commercial. The property is served from a six-inch water and sanitary sewer main, both of which are located in Dale Avenue right of way. Property has frontage on Dale Avenue, and fire protection is provided from a fire hydrant on the northwest corner of Dale Avenue and Denman Street. The property is bound to the north by B-1 ?Neighborhood Business District? and to the south, east, and west by B-2 ?Secondary and Highway Business District?. The Planning and Zoning Commission recommends that this request be denied. Mayor Moser opened the public hearing. Speaking in Favor of Rezoning: James Eddy Young spoke on behalf of Uncommon Investments. The other members of the company are Steve Peacock, David Tomlinson, Mike Boucher, and Tab Thompson. Their main focus is the development of apartments. Young stated that he and his partners believe that placing apartments on this property would be the highest and best use for the property. He shared with the council a site development plan showing the location of the apartments. He said that the plans for developing this property would be an asset to the community. Young stated that the site development plan met all the criteria for R-3 zoning. Speaking in Opposition of Rezoning: No one. Mayor Moser closed the public hearing. MOTION by Rusty Jergins, second by Joel Hillin, to adopt Ordinance No. 1999-31 rezoning property located at 111 North Dale Avenue from B-2 ?Secondary and Highway Business District? to R-3 ?Multiple Family Residential District?. MOTION PASSED by the following vote: Ayes: Council members Horton, Terrell, Shelton, Hillin, Stanley, Corbin, and Jergins. Noes: Council member Marin. Mayor Moser announced a request to rezone from I ?Industrial District? to B-2 ?Secondary and Highway Business District?, 0.6040 acre, William Motley Survey, A- 515, located at 200 block of south Dale Avenue. Betty Chew gave the staff report. Solid Rock Ministries is the applicant requesting the zone change. Cathern Brooks is the owner of the property. If rezoning is accomplished, the applicants will use the property for a church. The Comprehensive Plan?s projected land use is industrial. The building located on the property is served with water from a six-inch water main extended from the West gate Addition. There General Business Meeting ? December 7, 1999 Stephenville City Council is an eight-inch sanitary sewer main, which runs across the southern quadrant of this property. The property has frontage on South dale Avenue, a 30-foot right of way. The property has minimal fire protection from a fire hydrant located on the southwest corner of Omaha and Choctaw Streets. Subject property is bound on all sides by Industrial District zoning. The Planning and Zoning Commission recommends that this request be denied. Mayor Moser opened the public hearing. Speaking in Favor of Rezoning: No one. Speaking in Opposition of Rezoning: No one. Mayor Moser closed the public hearing. MOTION by bill Corbin, second by Ed Horton, to deny the request for rezoning property located at 200 south Dale Avenue from I ?Industrial District? to B-2 ?Secondary and Highway business District?. MOTION PASSED by the following vote: Ayes: Council members Terrell, Hillin, Shelton, Corbin, Stanley, Jergins, and Marin. Noes: Council member Horton. IV.FINANCE COMMITTEE REPORT Depository Contract. Marshall Shelton, Chairman of the Finance Committee, asked that representatives present from local banks address the council on this matter. Ron Butler, President of Stephenville Bank and Trust Co., reminded the council that this bank has been the depository bank for the city for several years and they appreciate the city?s confidence in their bank. He said that it is a matter of public trust and of pride with his bank. He stated that SB&T?s bid k Kaiserarshall Shelton, Chairman of the Finance Committee, asked that representatives present from local banks address the council on this matter. Ron Butler, President of Stephenville Bank and Trust Co., reminded that council that this bank has been the depository bank for the city for several years and they appreciate the city?s confidence in their bank. He said that it is a matter of public trust and of pride with his bank. He stated that SB&T?s bid is based on high-quality service. He stated that even though SB&T is not the highest rate payer among the bidders, he believes theirs is the best bid when service is factored into the bid. Butler further noted that his bank will return the cancelled checks to the city each month. He reminded the council that the SB&T Plaza location accepts city water payments during banking hours and allows customers to deposit their water payments in the General Business Meeting ? December 7, 1999 Stephenville City Council night deposit after banking hours. This service is provided to the city at no cost, and almost one thousand people take advantage of the service. Evans McBride, President of Texas Bank, Stephenville, stated that he believes theirs is the highest bid based on rate and can provide equal services in the other areas. Janet Henshaw, Chief Financial Officer and Cashier for Town and Country Bank, expressed appreciation for the opportunity to bid. She stated that T&CB?s bid is within the confines of the bid form, and includes no service charges. Hadley Woerner, President of Bank of America, Stephenville, stated that their bank utilizes a ?sweep account?. He explained that balances ?sweep? overnight into repurchase agreements, which is a product that many public entities use. He stated that his bank offers in its bid no service charges. Linda Patterson, the city?s financial investment adviser, gave her evaluation of the bids stating that each of the banks has strong and weak points in their proposals. ?According to an analysis of the costs and possible earnings rates on each, we could recommend that either Stephenville Bank and Trust or Texas Bank since both appear to provide comparable service levels at a relatively equal price level. The city will be affected by interest earnings and debt rates (loan and overdraft rates). These two leading banks differ on their approach to these two areas with one leading in each sector, however taken together the banks are basically even in their proposals.? After considerable discussion by the council, MOTION was made by Ed Horton to table this agenda item. The motion died for the lack of a second. MOTION by Joel Hillin, seconded by Bea Marin, to accept the recommendation of the Finance Committee and contract with Stephenville Bank and Trust Co. Council members Barbara Terrell and Bill Corbin announced their abstention to this motion, having filed an affidavit of conflict of interest with the City Secretary. MOTION FAILED by the following vote: Ayes: Council members Hillin and Marin. Noes: Council members Horton, Shelton, and Jergins. Abstentions: Council members Terrell, Corbin, and Stanley. MOTION by Marshall Shelton to award the bid to Texas Bank. The motion died for the lack of a second. MOTION by Ed Horton, seconded by Bea Marin, to table this [agenda item] and possibly rebid it. MOTION PASSED by the following vote: Ayes: Council members Horton, Hillin, Stanley, Jergins, and Marin. General Business Meeting ? December 7, 1999 Stephenville City Council Noes: Council member Shelton. Abstentions: Council members Terrell and Corbin, both by conflict of interest. Contract with Erath County Electric Cooperative for Utility Billing. MOTION by Rusty Jergins, second by Bill Stanley, to enter into an agreement with Erath County Electric Cooperative (attached). MOTION CARRIED by unanimous vote. Contract with Patterson and Associates for Investment Advisory Agreement. MOTION by Rusty Jergins, second by Barbara Terrell, to approve the agreement with Patterson and Associates (attached). MOTION CARRIED by unanimous vote. Quarterly Reports. This report, prepared by Patterson & Associates reflected the following: Beginning Book Value ? 10/1/98 $ 14,358,816 Ending Book Value ? 9/30/99 $ 12,879,792 Beginning Market Value ? 10/1/98 $ 14,380,513 Ending Market Value ? 9/30/99 $ 12,863,225 WAM at Beginning Period Date 107 days WAM at Ending Period Date 173 days Accrued Interest Receivable (ex C.D.s) $ 42,897 Unrealized Gain/Loss on 9/30/99 $ -16,567 Change in Market Value $ -1,517,288 Annual Average Yield on Portfolio 5.1233% Annual Average Yield 90-Day Treasury Bill 4.5453% Computer Update. Shelton reported that the City?s Y2K upgrade program is 99.9 percent complete. V.PUBLIC HEALTH AND SAFETY COMMITTEE REPORT Contract with Erath County for Municipal Court. MOTION by Bea Marin, second by Rusty Jergins to approve the contract with Erath County (attached). MOTION CARRIED by unanimous vote. North Central Texas Council of Governments Interlocal Agreement for 9-1-1 Services. Christy Williams, Manager of 9-1-1 Program, explained that the passage of th House Bill 1983 from the 76 Legislative Session, changed the manner of operating General Business Meeting ? December 7, 1999 Stephenville City Council for 9-1-1 services in two major ways. First, the Advisory Commission on State Emergency Communications has gone from an advisory to a regulatory committee, and they are imposing more rules and regulations on the councils of government. Second, the Commission on State Emergency Communications will be collecting the fee charged on telephone bills. Therefore, contracts and memorandums of understanding and interlocal agreements have now become necessary. She assured the council that there is no change to prior procedures. MOTION by Bea Marin, second by Rusty Jergins, to approve the interlocal agreement with the North Central Texas Council of Governments. MOTION CARRIED by unanimous vote. Agreement with Tarleton State University for 9-1-1 Services. MOTION by Bea Marin, second by Bill Corbin to approve the agreement with Tarleton State University (attached). MOTION CARRIED by unanimous vote. Every 15 Minutes Program. Police Chief Roy Halsell explained that every fifteen minutes, a person dies in an alcohol-related accident. The purpose of this program is to bring emphasis of this fact to high school students. The two-day program is a dramatic and emotional exercise, which targets junior and senior high school students. MOTION by Bea Marin, second by Rusty Jergins, to approve the Consent Agenda as follows: VI.CONSENT AGENDA A.Approval of Minutes 1.Regular Business Meeting on October 5, 1999 2.Special Council Meeting on October 19, 1999 B.Bid Award 1.Maintenance Uniforms 2.Drainage Culvert C.Bid Specifications 1.Police Uniforms 2.Police Vehicles 3.Street Construction Material 4.Booster Pumps MOTION CARRIED by unanimous roll call vote. VII.CITY ADMINISTRATOR?S REPORT General Business Meeting ? December 7, 1999 Stephenville City Council Don Davis announced a ceremony celebrating the opening of Wolfe Nursery Road and the extension of Frey Street in the West Side Development Project on Tuesday, November 9, at 12 noon. Davis reported that two police officers have been hired?Brian Washko, patrol, and Kevin Elkins, dispatch. Ronnie Isham, Director of Community Services, reported that the runway is open for daytime use at the airport. New lighting is being installed at the airport and should be completed during the next month. At that point, the airport will be open on a 24-hour basis. An official dedication will be planned upon completion. Danny Johnson, Directors of Utilities, reported that rehabilitation project on water wells has begun, and the Stacy well has been pulled. VIII.EXECUTIVE SESSION. At 7:50 p.m., Mayor Moser recessed the open portion of the meeting and called the council into 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 Sec. 551.072 Deliberate the purchase, exchange, lease, or value of real property and Sec. 551.071 Consultations with Attorney. A.Cause No. 4722-97CV, Erath County Court at Law, City of Stephenville v. Cecil G. Ford and Clovis Russell B.Cause No. 4943-99CV, Erath County Court at Law, City of Stephenville v. Albert Stanton Pennock et al C.Cause No. 4941-99CV, Erath County Court at Law, City of Stephenville v. Sybil Kessler D.4.68 acres, J. B. Dupuy and Mathew Roberts Surveys, Erath County, Texas E.Block 132, City Addition, City of Stephenville, Erath County, Texas, located at 1105 West Long ACTION TAKEN ON MATTERS DISCUSSED IN EXECUTIVE SESSION IX. MOTION by Rusty Jergins, second by Bill Corbin, to authorize staff to purchase 4.68 acres, J. B. Dupuy and Mathew Roberts Surveys, at the appraised value. ADJOURN X. MOTION by Rusty Jergins, seconded by Joel Hillin, to adjourn the meeting. Motion carried by unanimous approval at 8:12 p.m. General Business Meeting ? December 7, 1999 Stephenville City Council ____________________________________ John Moser, Mayor ATTEST: _________________________________ Cindy L. Stafford, City Secretary Members As you may know, the Texas Natural Resource Conservation Commission (TNRCC) has established a Bosque River Advisory Committee (BRAC) to study and submit a plan for reducing polution of the Bosque River. The BRAC has been in existence for quite some time. As mayor, I've served as the city's representative on this committee for the past 18 months. Last year, the BRAC established sub- committees to address specific issues. These sub-committees and/or the full BRAC have met approximately monthly since I've been a member. Two of these are sub-committees #3 (Allocation Alternatives) and #4 ( Implementation). I'm a member of sub-committee #3. It is these two sub-committees which will ultimately make a recommendation to the full BRAC, and in turn to TNRCC, on the recommended Total Maximum Daily Load (TMDL) of pollutants which will be allowed in the Bosque River watershed. More importantly, recommendations are likely to be made eventually on allocating "polution rights" among the "stakeholders" (ie., the dairy industry, farmers, industry, municipal waste water treatement plants, etc.) This has very significant implications for everyone in the Bosque River watershed. The progress of the BRAC and it's subcommittees has been slow, but steady, and is approaching some decision points. Recently, sub-committees #3 and #4 have begun conducting joint meetings. The process of refining and evaluation the data is nearing completion. It now appears inevitable that new restrictions will be required to meet TNRCC and the U.S. Environmental Protection Agency (EPA) requirements to reduce polution in the Bosque River. Some important decisions will likely be reached in the next few months. I believe it is important for the city staff, council members, and the public to be aware of the process by which these decisions will be made. It is also essential that we understand and plan for the potentially adverse financial impact of new restrictive requirements. I urge the staff, council members, and interested citizens to attend the upcoming series of meetings, which are open to the public. The next available opportunity will be a joint meeting of Sub-Committees #3 and #4 on December 10th, beginning at 9:30 A.M. at the Tarleton State Univ. Student Development Center ballroom. The host for the BRAC and it's sub- committee meetings is The Texas Institute for Applied Enviornmental Research, which has offices located on the TSU campus. Please contact them at (254)-968- 9567 for additional information. Thank you, Mayor John Moser General Business Meeting ? December 7, 1999 Stephenville City Council