Loading...
HomeMy WebLinkAbout1993-07-17 - Regular City CouncilMINUTES OF REGULAR MEETING City of Stephenville - City Council TUESDAY, JULY 13, 1993 - 7:00 P.M. The City Council of the City of Stephenville, Texas, convened in regular session on July 13, 1993 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: Mayor: Lavinia Lohrmann Mayor Pro Tem: Scott Evans Councilmembers: Alan Nix Donald L. Zelman Sam Taylor II William F. (Bill) Johnson Bill Bailey Absent: John Wooley 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. PUBLIC SAFETY COMMITTEE. A. Report on the Municipal Services Bureau. Councilman Don Zelman, reporting for the Committee, advised the Council that the Services Bureau had been discussed with Rand Chief Wade. He said, basically, this outstanding Class "C" misdemeanor warrants collections. Public Health & Safety proposal from Municipal y Thomas, Sarah Miller and proposal is to collect for a percentage of the Thomas M. Giamboi, Vice President of Municipal Services Bureau, presented his proposal and answered questions from the Council and the public. After discussion, Don Zelman made the motion, seconded by Sam Taylor, to accept and approve the proposal submitted by Municipal Services Bureau, with the deletion of Section II (D), for the collection of outstanding Class "C" misdemeanor warrants. Motion carried UNANIMOUSLY. - 52 - III. WATER PLANNING COMMITTEE. A. Change Order for Well Plugging Councilman Scott Evans reported the Committee discussed a change order submitted by Geognosis Drilling and Exploration, Inc., for plugging seven (7) water wells. He explained that the bid proposal outlined that quantities were estimated and stipulated that quantities may increase or diminish as the project warranted. Due to the condition of the casing and the area of annular space around the screens, more material and time was required to complete the project. Therefore, the final amount was adjusted as provided for the in the bid proposal and specifications approved by the Council. After discussion, Councilman Scott Evans made the motion, seconded by, Councilman Bill Johnson, to approve the change order to the contract and authorize the payment of $34,707.24 to Geognosis Drilling and Exploration, Inc. The motion carried UNANIMOUSLY. B. Change Order for Northeast Area Interceptor Sewer Line Councilman Scott Evans reported the Committee had discussed with staff change order #2 on the Northeast Area Interceptor Sewer Line. The items are listed below: 1. Work performed on Robert Elliott's property as requested in the easement proposition process. 2. Lowering a manhole on Dr. Herbertson's property at his request. 3. Substituting water tight rings and covers in lieu of standard rings and covers on manholes that are in areas subject to flooding. 4. Construction of a 4" service line to Ronnie Dickens' residence. This was required as a result of abandoning the existing sewer line his residence was connected to. 5. Concrete encasement across a drainage way which was not included in the original design. 6. Expenses for plugging abandoned 12" sewer line at various locations. After discussion, Councilman Scott Evans made the motion, seconded by, Councilman Bill Bailey, to approve change order #2 and authorize payment of $8,512.74 to Venus Construction Company. The motion carried UNANIMOUSLY. C. Contract of Materials Testing Services Councilman Scott Evans reported the Committee had reviewed proposals submitted by Terra -Mar, Inc. and Trinity Engineering Testing Company to provide materials testing services for the Wastewater Treatment Plant Expansion project. - 53 - After discussion, Councilman Scott Evans made the motion, seconded by, Councilman Bill Johnson, to approve and accept the proposal from Terra- - Mar, Inc, for the estimated amount of $15,290. The motion carried UNANIMOUSLY. IV. FINANCE CWITTEE. A. Landfill Gate Fees Councilman Alan Nix reported the Finance and Landfill Committees met to discuss the tipping fees at the landfill. It was their feeling that the tipping fees should be looked at while the landfill was still open. Their thinking being that, as long as the landfill is in use any increase in tipping fees would be spread among all the users of the landfill and that is an important consideration. As they looked at the estimated closing costs and the estimated fees, there were some questions about some of the dollar amounts. Most of the information available is only estimates.... estimated quanities...estimaed costs... estimated labor. It is the Committee's feelings that, because there are so many unknowns, it would be prudent of the Council to consider raising the tipping fee to hopefully insure there would be enough money to pay all the closing costs, all of the maintenance after closure, and take care of any additional costs, fees, anything that might come up between now and the time the landfill is actually closed. The problem some of the committee members had was that it is not realty clear that this extra money will be needed. There is the possibility that we will be in good shape financially when the landfill closes. We are dealing with several unknowns, one of which is the state and the regulations they come up with. All of these are on- going, as we get in the middle of the closure process, if some of the rules are changed, we may have to change the processes, which will probably incur larger costs than originally anticipated. Based on these things and after the discussion of the combined Landfill and Finance Committees, those Committees recommended that the tipping fee be increased from the pre- sent $4.25 to $6.25 and the residential garbage rates be increased from $7.00 to $9.10. Councilman Sam Taylor and Mayor Lohrmann said they voted against the increase in committee because they felt there are sufficient funds available to effectuate the Landfill closure and they hate to raise fees now for a contingency that may never arise. After lengthy discussion, Councilman Scott Evans made the motion, seconded by, Councilman Don Zelman, to approve the new landfill rate structure, as recommended by the Finance and Landfill Committees, effective August 1, 1993. The motion carried by the following vote: AYES: Councilmen Alan Nix, Don Zelman, Scott Evans, Bill Johnson and Bill Bailey. NOES: Councilman Sam Taylor and Mayor Lavinia Lohrmann. B. Collection Service - 54 - Councilman Alan Nix reported that Sterling Sharrar of the Stephenville Credit Bureau presented a proposal to collect delinquent utility and ambulance accounts over 90 days old for a fee of 33% of the amount collected. At that time, it was the recommendation of the Committee to contract with the Stephenville Credit Bureau for these services. However, since the meeting, there have been numerous questions raised about their contract; there are some provisions in the contract that some Councilmembers have questioned and he said he did not have any answers for said questions. Mr. Nix said it would be his recommendation to table this and refer it back to the Committee to try to resolve some of the problems with the contract and, if said problems can be resolved, bring it back to the Council in a more acceptable form. Councilman Scott Evans made the motion, seconded by Councilman Bill Johnson, to table this item. The motion carried UNANIMOUSLY. C. T.U. Electric Franchise Councilman Bill Johnson advised that he would not enter into any discussion or vote on this item due to a conflict of interest. Councilman Alan Nix reported that the Committee had met with Danny Hodges from TU Electric regarding the amendment to the current franchise agreement to increase the gross receipts tax to the City from 3% to 4 %. In return for the additional 1% gross receipts tax, the City agrees not to ask TU Electric to reimburse the City for any legal expenses the City might incur should they challenge a rate increase. Under the current franchise, TU Electric has the liability to reimburse the City. If they challenge this TU is asking that the City give up this right and exchange for that increase the franchise tax from 3% to 4 %. The bottom line is that the City will receive approximately $100,000 extra, based on last year's consumption. The proposed rate increases will be approximately $60,000 on the City's utility bills. The net gain will be approximately $40,000 to the City. The down side of this is, should the City decide to challenge any rate increase in the future, the City will bear the legal expense, unless we form a coalition with other cities to share the legal costs. After discussion, Councilman Scott Evans made the motion, seconded by Councilman Sam Taylor, to pass and adopt ORDINANCE NO. 1993 -21 AMENDING THE EXISTING FRANCHISE BETWEEN THE CITY AND TEXAS UTILITIES ELECTRIC COMPANY TO PROVIDE FOR A DIFFERENT CONSIDERATION; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY TEXAS UTILITIES ELECTRIC COMPANY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND DECLARING AN EMERGENCY. The motion carried by the following vote: AYES: Councilmen Alan Nix, Don Zelman, Sam Taylor, Scott Evans, Bill Bailey and Mayor Lavinia Lohrmann. NOES: None ABSTAIN: Councilman Bill Johnson (due to a conflict of interest). Y. LANDFILL C0h1MITTEE. - 55 - A. City Wide Clean -up. Mayor Lavinia Lohrmann reported that the Landfill Committee had met and discussed a city wide beautification /clean -up campaign to be con- ducted in September. She said this will be a joint effort of the City of Stephenville, the Chamber of Commerce and KMN Garbage Service. Numerous committees were appointed to handle different phases of this clean -up. The large roll -offs will be available two Saturdays, September 18th and 25th, free of charge. Landfill gate fees will be waived for those individuals wishing to clean out their garages, around their yards, etc. Don Davis, City Administrator, advised that the industrial and commer- cial accounts will have to pay the gate fees, as they are not included in the waiver of the gate fees. After discussion, Councilman Scott Evans made the motion, seconded by Councilman Bill Johnson, to waive the gate fees during this clean -up campaign. The motion carried UNANIMOUSLY. VI. POLICY ON CIVIL SERVICE BENEFITS. Don Davis, City Administrator, explained that these policies were taken before the Personnel Committee in May, but at that time there had not been any formal or final action taken in the Court system. In the middle of June we were notified that a final decision had been rendered, upholding the City's position in the Civil Service case, which effectively repealed the Civil Service within the City. Two things had been on hold pending the final decision from the Supreme Court: 1) the disposition of the benefits that accrued during the time the Police Department was under the Civil Service; 2) was the status of the Civil Service Commission. In November 1991, a Resolution was passed formally abolishing Civil Service, which took care of the Civil Service Commission, but since it was put on hold during the litigation, it would be appropriate for the Council to acknowledge those volunteers who served on the Commission and formally notify them their services are no longer needed. With the repeal of Civil Service, there will whereby the City computes two of the benefits for police commissioned officers. Below are accrual and use of vacation and sick leave. VACATION: Fiscal Year Fiscal Year 91 -92 (Civil Service Pending) Fiscal Year 92 -93 Fiscal Year 93 -94 - 56 - Accrued 3 weeks 2 weeks 2 weeks be a change in the method - vacation and sick leave - the schedules indicating the Used 3 weeks 3 weeks 2 weeks SICK LEAVE: (First In - First Out) Time accrued prior to Civil Service (prior to 11/01/89) will be used first. Time accrued during Civil Service (11/01/89 to 11/05/91) will be used second. Time accrued after the repeal (11/05/91) will be used last. Any sick leave that was earned under Civil Service that has not been used will be paid to the employee upon leaving his /her employment with the City. Sick leave accrued after November 5, 1991, may still be used, but will not be paid to employees upon leaving employment of the City. Councilman Bill Bailey made the motion, seconded by Councilman Alan Nix, to pass and approve the change (as outlined above) in the method of com- puting vacation and sick leave for police commissioned officers, due to the repeal of Civil Service. The motion carried UNANIMOUSLY. VII. CONSENT AGENDA: A. APPROVAL OF MINUTES: June 1 and June 15, 1993 Minutes of June 15, 1993 removed for corrections. . B. BID CONSIDERATIONS: 1. Bid Specifications to be Approved: a. Clay Lining at Landfill b. Repair of Young Water Well - Removed at the request of the Mayor. 2. Award Bids: a. Refurbishing of Ambulance C. Approval of Site Development Plan of Lot 2; Block 1, Wal -Mart Subdiv. D. Approval of Final Plat of a Replat of Lots 1, 3, 3; Block 38; Frey First Addition. E. Approval of Site Development Plan of Lot 8; Block 38; Frey First Addition. F. Approval of Final Plat of a Replat of Lots 26, 27; Block 143; City Addition G. Acceptance of Public Improvements Within Christy Plaza. Councilman Scott Evans made the motion, seconded by Councilman Sam Taylor, to approve the Consent Agenda, as listed above, except the Minutes of June 15th and B(lb). The motion carried UNANIMOUSLY by a roll call vote. ITEMS REMOVED FROM CONSENT AGENDA: A. Minutes of June 15, 1993 - Item IV -B - Review of Proposals From Outside Auditors. - 57 - Councilman Scott Evans made the motion, seconded by Councilman Sam Taylor, that the minutes of June 15, 1993, be approved, with the correction of Item IV -B to read as follows: AYES: Amended to read "Sam" Taylor instead of "San" Taylor. NOES: Amended to read "Don Zelman" instead of "John Wooley" twice. The motion carried UNANIMOUSLY. B(b). Repair of Young Water Well. Mayor Lavinia Lohrmann said she questioned how did we discover this leak; how often are these videos done and why and these kinds of things? She said Don Davis had told her there was a problem with the pump on this well. The pump was pulled and the policy is that every time a pump is pulled a video is done to be sure of what is happening to the well. That was assuring to her and, perhaps, to many citizens who might have seen this item and had a little problem with understanding how this all came about. The Water Commission is involved with this operation. Councilman Bill Bailey commented that there are several instances where we are doing preventive maintenance. It may not look like it, but we are doing it and it showed up in this instance. Councilman Scott Evans made the motion, seconded by Councilman Bill Johnson, to approve Consent Agenda Item B(Ib). The motion carried UNANIMOUSLY. VIII. CITY ADMINISTRATOR'S REPORT. Don Davis, City Administrator, said he would like for the Council to con- sider a work session on Thursday, July 22, 1993. As was outlined in the memo sent earlier, he would like to discuss some things and follow up on some items discussed in the retreat. It will be very helpful to the staff in preparing the budget. It was the consensus of the City Council to have a work session Thursday, July 22, 1993, at 5:30 p.m. in Council Chambers. Councilman Evans asked about the deadline for having their comments in regarding the Code of Conduct. Mayor Lohrmann asked everyone to have their comments in by Tuesday, July 20, 1993. IX. CITY COUNCIL /CITIZEN GENERAL DISCUSSION. Councilman Don Zelman said he would like to make a comment about the problem that occurred on the agenda and some of the comments that were made in the press. He said he thought the staff has been very responsible throughout his tenure. He said he didn't think they deserved quite the criticism that appeared in the newspaper editorials. He said mistakes do happen - around the 4th of July all kinds of things are coming on and he could certainly understand why the agenda was not posted and he did not and he did not think those responsible deserved the condemnation they received. W-1E Councilman Bill Johnson said he agreed with Don. Councilman Scott Evans said he appreciated Don's comments and agreed with them. He said that staff is in a defenseless position, as employees of the City. He said he had been told: "Never argue with someone who buy ink by the barrel." Councilman Alan Nix said he would like to second all the comments about the efficiency of the staff. He had found the staff to be responsive to him... they work hard... they are diligent and work hard. We are all human, things slip by every now and then. He said everyone in town does not feel the way it was portrayed in the paper. Joyce deserves a pat on the back for the many times she had done work well and he appreciated her and the work she has done for the City. Councilman Bill Bailey said he would just like to echo what has been said. He said he was home on a holiday and Joyce called him at home to tell him she had made a mistake and to apologize and ask about a new meeting time and apologized about making the mistake. Councilman Sam Taylor said he would like to make it unanimous. He said he had talked to Joyce personally. He said he was infuriated that..Joyce has devoted a good part of her life and so many years to the City and has certainly pulled the Council out of the fire numerous times and has gone way beyond the call of duty and he just threw up his hands when the paper singled out and emphasized an isolated occurrence like that was totally irresponsible and not in good faith. Bob Kimball said he had a question regarding the collection agency that was tabled. Councilman Alan Nix said that they had approached the City to offer their services for the collection of the delinquent utility bills. Mr. Kimball asked if this service will be put out for bids? Don Davis, City Administrator, explained that this is a service that does not have to be bid. Mayor Lohrmann asked what kind of services have to be bid? Is it based on a dollar amount? Is it the type of service? Mr. Davis said it was both. There are certain services that are exempt; in is his opinion, this is one of the services that is exempt. The reason being that there is no way to determine what the dollar value of that contract is going to be. Donna Wesson, representing 220 people, who have signed the following sta- tement: "I understand that my signature on this document represents a "Vote of Confidence" in Jim Wade, Chief of the Stephenville Police Department. Also, they appreciate the "Vote of Confidence" the Council has already taken. Elizabeth Zickefoose said she also got upset with one of the radio sta- tions, as well as the newspaper regarding the editorial about the failure of staff to get the agenda posted. George Swearingen said it was gratifying that Mrs. Wesson turned in a total of 220 names showing their support for Chief Wade as our police - 59 - chief. It is not many names for the size town we have, but think of it another way; it is more names than were required to get Civil Service put on the ballot the first time to implement it. He said he was so tired hearing these "no name" people bad mouth Chief Wade. All the allegations brought against him, but they don't want their names mentioned. X. ADJOURNMENT. There being no other business to come before the Council, Mayor Lohrmann adjourned the meeting at 9:15 p.m. yce P mberton, City Secretary Lavinia Lohhfiann, Mayor ORDINANCE NO. 1993 -21 AN ORDINANCE AMENDING THE EXISTING FRANCHISE BETWEEN THE CITY AND TEXAS UTILITIES ELECTRIC COMPANY TO PROVIDE FOR A DIFFERENT CONSIDERATION; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY TEXAS UTILITIES ELECTRIC COMPANY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY -LAW; AND DECLARING AN EMERGENCY. WHEREAS, Texas Utilities Electric Company (hereinafter called "TU Electric ") is engaged in the business of providing electric utility service within the City and is using the public streets, alleys, grounds and rights -of -ways within the City for that purpose under the terms of a franchise ordinance heretofore duly passed by the governing body of the City and duly accepted by TU Electric; and WHEREAS, TU Electric has, pursuant to said franchise _ ordinance, been paying to the City a sum equal to three percent (3 %) of its gross receipts from the retail sale of electric power and energy within the City for the rights and privileges set forth in said franchise ordinance and, in addition thereto, has reimbursed the City for its ratemaking expenses pursuant to Section 24 of the Public Utility Regulatory Act; and WHEREAS, the City and TU Electric desire to amend said franchise ordinance to provide for a different consideration to consist of a sum equal to four percent (4%) of its gross receipts from the retail sale of electric power and energy within the City, which different consideration includes, among other things, TU Electric's obligation to reimburse the City for its ratemaking and other regulatory expenses to be incurred by the City involving the regulation of. TU Electric; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE , TEXAS: SECTION 1. The consideration payable by TU Electric for the rights and privileges granted to TU Electric by the franchise ordinance heretofore duly passed by the governing body of this City and duly accepted by TU Electric is hereby changed to be four percent (40) of its gross receipts from the retail sale of electric power and energy within the corporate limits of the City, said changed percentage to be applied to said gross receipts beginning on June 1, 1993, and being payable as specified in said franchise ordinance and based upon the same time periods as specified in said franchise ordinance and being payment for the said rights and privileges during the period specified in said franchise ordinance, said payment being in lieu of and shall be accepted as payment for all of TU Electric's obligations to pay municipal charges, fees, rentals, pole rentals, wire taxes, inspection fees, easement taxes, franchise taxes, certain regulatory expenses under Section 24 of the Public Utility Regulatory Act or any similar or successor law, or other charges and taxes of every kind, except ad valorem taxes, sales and use taxes, and special taxes and assessments for public improvements. SECTION 2. TU Electric shall make a one -time adjustment to the first payment due after June 1, 1993, under the said franchise -2- ordinance heretofore duly passed by the governing body of this City and duly accepted by TU Electric for the purpose of making the changed consideration as specified in Section 1 hereof effective on June 1, 1993, without altering the payment dates specified in said franchise ordinance, the amount of said adjustment being calculated as follows: (a) TU Electric shall determine the monthly average of its gross receipts from the retail sale of electric power and energy within the City during the period upon which the next franchise payment due to the City following June 1, 1993, is based; (b) the said monthly average of its said gross receipts shall be multiplied by la (0.01) ; and (c) the product so calculated shall be multiplied by the number of whole months from June 1, 1993, through the last day of the last month of the period for which the next franchise payment due to the City following June 1, 1993, is made. The amount of said adjustment shall be added to the said next franchise payment following June 1, 1993, determined in accordance with the provisions of said franchise ordinance as was in effect prior to this amendment. SECTION 3. Notwithstanding anything to the contrary in Section 1 hereof, if TU Electric files general rate cases and the City incurs cumulative expenses, otherwise reimbursable by TU Electric under Section 24 of the Public Utility Regulatory Act or similar or successor law, in excess of $4 million, then in such event, TU Electric shall reimburse all of the expenses incurred by the City in connection with all general rate cases filed during the period ended fifteen (15) years from the effective date hereof in excess -3- of said $4 million. The term "general rate case" as used in this Section means a rate case initiated by TU Electric in which it seeks to increase its rates charged to a substantial number of its customer classes in the City and elsewhere in its system and in which TU Electric's overall revenues are determined in setting such rates. City agrees to exercise reasonable best efforts, considering the facts and circumstances, to keep its expenses on average to under $1,000,000 per general rate case. SECTION 4. Notwithstanding the provisions of Section 1 hereof, TU Electric will continue to reimburse the City's ratemaking expenses, if any, in connection with the appeal and any remand of Public Utility Commission of Texas Docket No. 9300 that are otherwise reimbursable under Section 24 of the Public Utility Regulatory Act, and will continue to reimburse the City's ratemaking expenses, if any, in connection with Public Utility Commission of Texas Docket No. 11735 that are otherwise reimbursable under Section 24 of the Public Utility Regulatory Act to the extent that said ratemaking expenses are incurred through the entry of the last action by the Public Utility Commission of Texas (i.e., the said Commission's order overruling the last motion for rehearing) in said Docket No. 11735; the City hereby agrees that any ratemaking expenses incurred in connection with said Docket No. 11735 that the City incurs on appeal of said order will be the City's sole responsibility and further agrees -- in the events that the City is a participant in the joint intervention of cities managed by the Steering Committee of TU Electric Service Area Cities intervening in Docket No. 11735, that the City decides to continue to participate with the Steering Committee in such appeal of said order, and TU Electric is required to reimburse said Steering Committee for ratemaking expenses under Section 24 of the Public Utility Regulatory Act that are incurred on appeal of said order in Docket No. 11735 -- to reimburse TU Electric the City's share of reimbursable expenses related to said appeal and owed by TU Electric to said Steering Committee determined by the methodology chosen by the said Steering Committee (the City to notify TU Electric of the method so chosen by the Steering Committee prior to the submission of an invoice by the Steering Committee for the payment by TU Electric of said reimbursable expenses related to said appeal). SECTION 5. In all respects, except as specifically and expressly amended by this ordinance, the said franchise ordinance heretofore duly passed by the governing body of this City and duly accepted by TU Electric shall remain in full force and effect according to its terms until said franchise ordinance terminates as provided therein. SECTION 6. This ordinance shall take effect from and after its final passage and TU Electric's acceptance. TU Electric shall, within fifteen (15) days from the passage of this ordinance, file its written acceptance of this ordinance with the Office of the City Secretary in substantially the following form: To the Honorable Mayor and City Council: Texas Utilities Electric Company (TU Electric) , acting by and through the undersigned authorized officer, -5- hereby accepts, on this the 23rdday of July 1993, Ordinance No. 1993 -21 amending the current franchise between the City and TU Electric. TEXAS UTILITIES ELECTRIC COMPANY w By: e i e - preSl P9 Lefi t SECTION 7. It is hereby officially found and determined that the meeting at which this ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. SECTION 8. An emergency exists necessitating the suspension of any rule requiring multiple readings of this ordinance and all multiple readings of this ordinance are hereby waived. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE TEXAS, this the IIth day of JULY , 1993. APPROVED AS TO'FORM: City Attorney