HomeMy WebLinkAbout1998-03-03 - Regular City CouncilMINUTES OF GENERAL BUSINESS MEETING
City of Stephenville - City Council
TUESDAY, MARCH 3, 1998 - 7:00 P.M.
The City Council of the City of Stephenville, Texas, convened on March 3, 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
Barbara Terrell
K. H. Conatser
Billy Bob Hodges
Bea Marin
Bill Corbin
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.
H. CITIZENS' GENERAL DISCUSSION
Larry Mills addressed the council to offer his thanks for allowing him the privilege
of serving on the Airport Advisory Board since 1995. Mills stated that the airport is
a vital part of the development and growth of the city. Reading from a letter, he
continued, "It has been exciting and rewarding for me personally to serve and be a
part of the process that will see some much needed improvements at the airport in the
next few months. I know that the board will be making some important
recommendations to the council in the next few months. That is why I felt it
important that tonight I submit my resignation from the board so that you could fill
the vacancy and have someone in place to be a part of that decision making process.
General Business Meeting -- Much 3, 1998
My wife has accepted a position with West Texas A &M University and the
Panhandle Information Network in Amarillo. She will be executive director of that
organization. It was a difficult decision to make after living in Stephenville for
eighteen and a half years. Stephenville has been home, but where she goeth, I goeth.
This was an opportunity that we couldn't pass. She has already moved to Amarillo,
and I will sell our home and be leaving sometime this summer. I therefore say `thank
you' for allowing me to serve and respectfully submit my resignation as a member
of the Airport Advisory Board. I wish you well as you strive to move our great city
forward."
Mayor Pollan thanked Mills for his service to the city.
III. ACTIVITY REPORT ON DELINQUENT TAX COLLECTIONS -- Jeff Brown,
Attorney
Jeff Brown stated that he has represented the city for over ten years. He said it has
been rewarding, and he enjoys being able to work well with the city staff.
Brown reported that his firm mailed 3,500 letters dealing with delinquent ad valorem
taxes on behalf of the taxing jurisdictions in Erath County, and twenty -five lawsuit
were filed as well. Twenty -three judgments were taken involving the city, and three
pieces of property were sold. Amounts collected for the city were totaled
$49,831.67.
Mayor Pollan thanked Jeff Brown and his firm, as well as Erath County Tax
Assessor - Collector, Jennifer Schlicke- Carey, for their dedicated service.
IV. PLANNING AND ZONING COMMISSION
Public Hearing
Mayor Pollan opened a public hearing to consider amending the Zoning Ordinance
to provide a definition for Assisted Living Centers; establishing Assisted Living
Centers as primary uses in the R -2, R -3, B -1, B -2, and B -3 zoning classifications;
and establishing parking regulations for Assisted Living Centers.
Sneaking in Favor of the Issue: No one
Sneaking in Opposition to the Issue: No one
The Mayor closed the public hearing.
General Business Meeting -- March 3, 1998
Council member Marin made a motion to adopt Ordinance No. 1998 -6 amending the
Zoning Ordinance by providing a definition for Assisted Living Centers;
establishing Assisted Living Centers as primary uses in the R -2, R -3, B -1, B -2, and
B -3 zoning classifications; and establishing parking regulations for Assisted Living
Centers. Council member Terrell seconded the motion which passed by unanimous
vote.
C. Annual Report of the Planning and Zoning Commission
Rusty Jergins, Chairman of the Planning and Zoning Commission, gave the annual
report. Jergins reminded the council that the Zoning Ordinance provides that the
Planning and Zoning Commission present an annual report to the council.
Jergins reported that the commission met in eleven regular sessions and five work
sessions. The commission considered ten zoning change requests, two subdivision
proposals, one replatlresubdivision proposals, and one amendment to the Zoning
Ordinance. Three subcommittees were established - -Green Space, Assisted Living
Center, and Agricultural District, which was adopted by the City Council in October,
1997. The commission also addressed recommendation for permanent zoning for the
1,100 newly- annexed property, which was adopted by the Council in February, 1998.
Programs for 1998 which the Planning and Zoning Commission will consider are:
Adopt Assisted Living Center Guidelines.
Adopt a Landscape Ordinance.
Conduct a joint work session with the City Council and the Commission.
Review the Commission's proceduresibylaws.
Review the Comprehensive Plan.
Engage in possible long -range planning.
Update the Zoning Ordinance.
Consider future annexation.
Commissioners are attending the five -part North Central Texas Council of
Government's Planning and Zoning Training Series. Commissioners should
complete this series in May of this year. Completion of these courses satisfies the
requirements for a Professional Development Certificate in Planning and Zoning.
t.....' General Business Meeting -- March 3, 1998
V. PLANNING AND DEVELOPMENT COMMITTEE REPORT
1. Stephenville Independent School District Building Program
2. Western Heritage Committee Report
3. Western Heritage Theme
Council member Hodges made this report stating that the committee had met with
representatives from the Stephenville Independent School Board of Trustees (Drs.
Frank Terrell, Ron Bradberry, and Superintendent Larry Butler. The topic of
discussion was the new junior high school building and the streets that adjoin it. Dr.
Butler briefed them on the status of the building program, and the plans and
specifications are currently out for bid. The district hopes to have the junior high
school building ready by August, 1999. Frey Street and Wolfe Nursery Road, which
will surround this building, were discussed. The school has budgeted money to
develop the streets immediately adjacent to the junior high school property; however,
more discussion may be had concerning the completion of Wolfe Nursery Road and
the extension of Frey Street west to FM 988. Hodges reported that the city staff is
proceeding with developing cost estimates for this project.
Hodges reported that this committee met in another meeting to discuss the
recommendations of the Western Heritage Committee. The Planning and
Development Committee and the Executive Committ ee of the Chamber of
Commerce have agreed on a Western Heritage theme. It was determined that the
theme could be accomplished by adding a western touch to existing events. The
Chamber of Commerce will design and prepare a logo by April 1. Other topics
discussed were increasing the advertising and promotional aspects of existing events
and increasing the volunteer base for tourism programs. The Chamber will do the
coordinating of the western theme, and after the Fourth of July Family Fun Fair,
these two boards would meet again to determine the effectiveness and impact on the
Chamber of Commerce.
VI. PERSONNEL COMMITTEE REPORT
1. City Administrator's Evaluation
2. 20 -Year Retirement
3. Merit Pay for 1998
..__� General Business Meeting - -March 3, 1998
Council member Madkins reported on the plan for evaluation of the City Administrator. The
evaluation form will be sent to all council members and responses will be returned to the Personnel
Committee Chairman who will open and tabulate the responses at a committee meeting. The results
- will be sent to the council who will meet in executive session to discuss the results with the City
Administrator.
Madkins then reported on the consideration of a 20 -year retirement option for city employees.
Madkins stated that we currently have approximately 110 employees here in the city of Stephenville.
The last fiscal year, we had a turn -over rate of approximately 2.7 %, which equates to about three
employees, which is very low. We queried some other cities about our size, which are reporting
turn -over rates of as high as 25 %. Madkins stated that he thinks that the low turn-over rate is
indicative of the type of employees herein Stephenville, who are pleased with their jobs. This fiscal
year, so far, which started 1 October, which includes the month of Mar ch, there has been a 0% turn-
over rate.
Madkins made a motion for the City of Stephenville to approve Ordinance No. 1998 -8 adopting a
20 -year retirement program for its employees to begin October 1, 1998. Council member Marin
seconded the motion.
Council member Shelton asked to speak on this subject. He stated that the council brought this up
last August at the budget hearing. He said that the Personnel Director gave statistics, which Shelton
said, showed two cities out of 60 had adopted the 20 -year retirement. Shelton said the council
decided to leave it unfunded. Shelton said he wondered why couldn't we bring it up at the next
budget hearing. "Why do we have to bring it up every month or two and discuss it? We have a cost,
the Personnel Director said, that as long as we live, we'll pay between $9,000 and $13,000 each year
for the benefit of two or three people. I think instead of spending money on ourselves, we need to
look at our streets, our library, our convention center. We need to start spending money for the
citizens instead of on ourselves. This is already a "Cadillac" retirement system, and I'm not against
the system because I started it right herein Stephenville." Shelton added that only 46% of the entire
nation has any kind of a pension, and out of that 46 %, only about 22% have the "Cadillac" system
such as we have and such as Tarleton has and such as the school system has. "I know that our
constituents, a lot of `em, are on fixed income, and $13,000 to them is quite a bit. To some of us,
it's not all that much. But every cent that we spend counts, and we need to put a stop to our constant
spending."
Council member Conatser also commented that the council needs to look at the actual cost of the
program. He said he does not understand why this subject was discussed only a month ago at our
council retreat and is now on the agenda. Conatser stated that " As Madkins brought out, we have,
it appears, the best satisfied staff you could find anywhere, and I certainly commend them for all
they've done, and I hope they can see what we're doing to show our appreciation, but this [20 -year
retirement] definitely, then, is not something that's needed to keep our staff here if they're not
going."
General Business Meeting -- Much 3, 1998
Council member Madkins countered by saying that there's a reason that the city has such a low turn
over, and it's because our employees are very well satisfied that the City takes the initiative in such
issues as this. I believe we contacted the TMRS in Austin and found out the exact cost to implement
-" the 20 -year retirement would be $6,900. Madkins said that we are not recommending this proposal
for 1 April, but propose to wait until 1 October, 1998 when it can become a regular part of our
budget, and I think it would be an excellent benefit for our employees. He said that it adds an
additional benefit that is motive and incentive.
Personnel Director, Joyce Goodman, gave some data in response to several questions from the
council. She stated that nine employees have taken their 25 years since 1989, and all but one of
those employees were over the age of 60.
"I do not believe there's going to be a flood of employees," Madkins said, that will take advantage
of the 20 -year retirement. "It will be there if they want to use it."
Conatser answered by saying, "If they're not going to take advantage of it, why have it ?" Shelton
also said that people are not resigning; "they keep staying with us. I don't blame them - -they have
a `Cadillac' plan already."
Goodman clarified some information, saying that if the council adopted the 20 -year retirement plan,
people that choose to retire at 20 years would not be getting the same benefit as for dollar value as
they would if they waited till 25. The 20 -year retirement program is a concern of many of our
employees because of personal problems, family problems, that are going to force them to maybe
leave the city and go somewhere else. They have ill health. Their age is a factor. They may not
reach 60 to where they could retire with only 10 years and be able to keep doing the job they're
doing now. A lot of our jobs are very physically demanding, many of them are mentally demanding-
- considering police and fire department personnel. If you made this available to them, then, if they
were forced or had to make a decision to choose another career, this would give them some way of
being rewarded by the city for their years of service. Twenty years is a long time, and I think if
somebody puts in 20 years of service for the city, they deserve to be able to retire and get something
out of it. I think if you looked at what these people would actually be receiving as a benefit from
their retirement, you'd be surprised, because it's not a "Cadillac ". There are many of those people
that are not going to get maybe $400 or $500 a month. And if you tie it into the health and medical
insurance that they will have to purchase on their own out in the open market, it's going to cost every
bit of that for them just to provide medical insurance for themselves and perhaps a spouse.
Madkins commented that someone had questioned why this matter keeps coming up for discussion
by the council. Madkins said, " I'd like every citizen in Stephenville to know that it's Jerry
Madkins, Chairman of the Personnel Committee, who's insisted that this get before the council and
that we make a decision. So, let the record reflect that." Madkins also said that he has been
reviewing 20 -year retirement since he came on the City Council and took it as one of his projects.
"I don't believe there will be an overwhelming number of employees who will take advantage of
this, but I've talked to people in the city and particularly, some of our city employees, and there are
some of those who are in high -risk jobs, such as police and fire, that this will benefit if they decide
General Business Meeting -- March 3, 1998
they don't want to go out there and do this any more. I don't think our average employee will take
advantage of it. There might be a few employees, who have been out digging ditches on a backhoe,
and they decide their back's gone, and I wouldn't want our employees to get to the point where they
— are physically incapable of getting up in the morning and going to work and having to medically
retire. This will not be expensive to the city, and I think it's a good way for us to stand out among
cities in the State of Texas."
Mayor Pollan restated the motion and took a roll call vote as follows:
Madkins- -Yes; Terrell- -Yes; Shelton - -No; Hillin- -Yes; Pollan- -Yes;
Corbin - -Yes; Conatser - -No; Hodges - -Yes; Marin- -Yes. The motion passed.
VII. STATUS REPORT ON DOWNTOWN PLAZA AND PUBLIC SAFETY BUILDING
Don Davis stated that the Downtown Plaza is nearing completion. Determination
will be then made regarding the budget as well as contractor's time. A final report
will be submitted for the April 7 Council Meeting.
Council member Madkins moved to approve Change Order No. 2 for $8,3278.75 on
the Public Safety Building. The motion was seconded by Council member Conatser
and passed by unanimous vote.
VIII. CONSIDER WAIVING PERMIT FEES FOR STEPHENVILLE
INDEPENDENT SCHOOL DISTRICT
Council member Shelton made a motion to waive the permit fees for the building
program of the Stephenville Independent School District. Council member Corbin
seconded the motion which passed by unanimous vote.
Council member Madkins moved approval of the Consent Agenda as follows:
IX. CONSENT AGENDA:
A. Approval of Minutes of Regular Business Meeting of February 3, 1998
B. Approval of Minutes of Special Business Meeting of February 17, 1998
The motion was seconded by Council member Hillin and passed by unanimous roll
call vote.
X. CITY ADMINISTRATOR'S REPORT
General Business Meeting -- Much 3, 1998
XI. 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 the authority contained in §551.071(1)(A)
Consultations with Attorney.
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. (Paluxy)
XII. ACTION TAKEN ON MATTERS DISCUSSED IN EXECUTIVE SESSION
(if necessary)
Mayor Pollan announced that City Attorney Thomas had nothing to discuss during
executive session.
XII. ADJOURN
There being no further business to come before the Council, the meeting was
adjourned at 8:00 p.m.
Ga6a�K
Joh ollan, Mayor
ATTEST:
General Business Meeting -- March 3, 1998
ORDINANCE NO. 1998 -6
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
STEPHENVILLE, ADOPTED BY THE CITY COUNCIL JUNE 4, 1985, TO CLASSIFY
ASSISTED LIVING CENTERS, PROVIDE A DEFINITION FOR ASSISTED LIVING CENTERS,
AND ESTABLISH PARKING REGULATIONS FOR ASSISTED LIVING CENTERS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS:
The following sections of the Zoning Ordinance shall be amended to include:
SECTION III - DEFINITIONS
ASSISTED LIVING CENTER:
An establishment, including personal care and board and care facilities, that furnish, in
one or more facilities, food and shelter to more than six (6) individuals who are unrelated
to the owner of the establishment; and provides personal care services; and in addition,
provides minor treatment or services which meets some need beyond the provision of
food, shelter, and laundry. Assisted care shall not mean full time care provided to persons
permanently confined to a bed.
DISTRICTS - PRIMARY USES
SECTION VI - R -2 "One -Four Family Dwelling District"
SECTION VII - R -3 "Multiple Family Residential District"
SECTION VIII - B -1 "Neighborhood Business District"
SECTION LY - B -2 "Secondary and Highway Business District"
SECTION X - B -3 "Central Business District"
SECTION XIV - PARKING REGULATIONS
For assisted living center developments, a minimum of one (1) parking space shall be
provided for each one and one half (1 ' /2) beds in the complex, plus one (1) parking
space be provided for each staff member at maximum staff level.
This Ordinance shall be come effective after its passage and publication as required by law.
PASSED AND APPROVED THIS THE 3rd DAY OF MARCH, 1998.
s, Pollan, Mayor
ATTEST:
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7 -r
Wj?' & A—�' —
d by Donald C D.
City Administrator
Randy Thomas, City Attorney
Approved as to form and legality
ORDINANCE NO. 1998 -$
TEXAS MUNICIPAL RETIREMENT SYSTEM
AN ORDINANCE AFFECTING PARTICIPATION OF CITY EMPLOYEES IN THE TEXAS
MUNICIPAL RETIREMENT SYSTEM GRANTING THE ADDITIONAL RIGHTS
AUTHORIZED BY SECTION 854.202(g) OF TITLE 8, TEXAS GOVERNMENT CODE, AS
AMENDED, AND PRESCRIBING THE EFFECTIVE DATE FOR THE ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS:
Section 1. Pursuant to the provisions of Section 854.202(g) of Subtitle G of Title 8, Texas
Government Code, as amended, which Subtitle shall herein be referred to as the "TMRS Act", the
City of Stephenville, Texas, adopts the following provisions affecting participation of its employees
in the Texas Municipal Retirement System (herein referred to as the "System "):
(a) Any employee of the City who is a member of the System is eligible to retire and
receive a service retirement annuity if the member has at least 20 years of credited service in the
System performed for one or more municipalities that have adopted a like provision under Section
854.202(g) of the TMRS Act.
(b) Prior to adopting this ordinance, the government body of the City has: (1) prepared
an actuarial analysis of member retirement annuities at 20 years of service; and (2) held a public
-- hearing pursuant to the notice provisions of the Texas Open Meetings Act, Chapter 551, Texas
Government Code.
(c) The rights hereinabove authorized shall be in addition to the plan provisions
heretofore adopted and in force at the effective date of this ordinance pursuant to the TMRS Act.
Section 2. This ordinance shall become effective on the first day of October, 1998.
PASSED AND APPROVED at a Regular Meeting of the City Council of the City
of Stephenville, Texas, on this the 3rd. day of 1998.
�
Jo ollan, Mayor
ATTEST:
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sLL L' cs imm, �.ii..arj0
Ci= Cig(Sccrt-&f-j1*f
Reviewed by Donald B. Davis
City Administrator
Approved -as to form and legality
Randy Thomas, City Attorney