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HomeMy WebLinkAbout1993-05-04 - Regular City CouncilMINUTES OF REGULAR MEETING City of Stephenville - City Council TUESDAY, MAY 4, 1993 - 7:00 P.M. The City Council of the City of Stephenville, Texas, convened in regular session on May 4, 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 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. RESOLUTION REQUESTING HIGHWAY 67/377 BE INCLUDED IN THE NATIONAL HIGHWAY SYSTEM. Councilman Bill Johnson made the motion, seconded by Councilman Bill Bailey, to pass and approve RESOLUTION NO. 1993 -07, which resolves that the City Council of the City of Stephenville strongly endorses the place- ment of U.S. Highway 67 on the National Highway System and urges the Texas Highway Commission to include U.S. Highway 67 within its recommendation of the State's plan. The motion carried UNANIMOUSLY. (Resolution attached) III. COMMITTEE REPORTS: A. Public Health & Safety - Don Zelman, Chairman. 1. Police Intern Program Councilman Don Zelman made the motion, seconded by Councilman George Swearingen, that the City contract with Tarleton State University - 33 - for a Police Intern Program, as recommended by the Public Health & Safety Committee. The motion carried UNANIMOUSLY. 2. Ordinance Prohibiting the Discharge of Firearms and Air Guns Councilman Don Zelman reported the Committee is recommending passage of an ordinance prohibiting the discharge of firearms and air guns within the city limits. After some discussion, it was the consensus of the Council to table this item until the Committee's meeting Thursday, May 13th at 2:00 Pm. B. Personnel - Sam Taylor, Chairman Councilman Sam Taylor, reporting for the Personnel Committee, advised there were three items discussed which need Council action. 1. The Committee has reviewed and approved the proposed amendments to the employee handbook. Most of the amendments are to make the Procedures conform with existing practices. The two new provisions are: a. Section 3.06 - Amend the policy on holidays by allowing the City to schedule holiday leave in advance of the actual holidays for those employees who must work holidays. b. Section 7.02 - Amend the grievance procedure to allow the City Administrator to involve the Personnel Committee at his discre- tion, on grievances. Also adds a section to allow for grievan- ces against the City Administrator to be heard by the Personnel Committee. 2. The Committee is recommending the continuation of our group health insurance with Harris Methodist Hospital for another year. 3. The Committee is recommending the life insurance for the employees be changed to Fraser Insurance Company, which will not change the life insurance plan, but will reduce the cost to the City by approximately $3,500 per year. Councilman Scott Evans made the motion, seconded by Councilman Alan Nix, to approve the above listed recommendations from the Personnel Committee. as presented. The motion carried UNANIMOUSLY. C. Planning & Development - Bill Johnson, Chairman 1. Cross Walk on Vanderbilt Requested by Tarleton State University. Councilman Scott Evans made the motion, seconded by Councilman Bill Johnson, to approve the installation of additional cross walks on Vanderbilt Street at the expense of Tarleton State University, as recommended by the Committee. The motion carried UNANIMOUSLY. D. Water Planning - Scott Evans, Chairman. - 34 - 1. Report on Bank Drafts. Councilman Scott Evans reported that, in response to a complaint last month, the staff briefed the Committee on the efforts being made to upgrade our automatic bank draft system for utility collections. The present encoding machine is at capacity, but can be upgraded and updated to increase its capacity at a cost of approximately $300.00. It was the consensus of the Committee that no Council action was necessary for this change and instructed the staff to proceed with upgrading the encoding machine. In addition to upgrading the hardware for the bank draft system, the Committee also agreed to changing the policy under which the bank drafts are authorized by delaying the submission to the bank of the draft until five (5) days after the bills are mailed. Again the Committee did not feel this action required formal Council approval. 2. Change Order to Northeast Area Interceptor Sewer Line Councilman Evans said this change order was a result of the contrac- tor, Venus Construction Company, damaging the old existing 18" sewer line while installing the new sanitary sewer interceptor main. After an extensive review of the situation, and the expense incurred by Venus Construction Company, by the staff, engineer, and contrac- tor, the Committee unanimously agreed to recommend that the City Council approve this change order and pay Venus Construction Company $9,900 for expenses incurred in repairing the old line and relo- cating the new line. Councilman Bill Johnson made the motion, seconded by Councilman Don Zelman, to approve the change order to the Northeast Area Inteceptor Sewer Line and pay Venus Construction Company $9,900 for expenses incurred in repairing the old line and relocating the new line. The motion carried UNANIMOUSLY. E. Finance - Alan Nix, Chairman 1. Request For Proposals for Outside Auditors. Councilman Alan Nix reported the Finance Committee reviewed the request for proposals for outside auditors and made some amendments. Councilman Scott Evans made the motion, seconded by Councilman Sam Taylor, to approve and accept the amended proposal for audit ser- vices, as recommended by the Finance Committee. The motion carried UNANIMOUSLY. IV. CONSENT AGENDA: Item "D" was removed from the Consent Agenda at the request of Councilman Alan Nix. A. APPROVAL OF MINUTES: April 6, 1993 - 35 - B. Approval of Final Plat of a Replat - Part of Lot 5 and Lots 9 and 10, Block 75, City Addition. C. Approval of the Site Development Plan on Part of Lot 21, Block 5, North Wedgewood Addition. D. Award Bid for Street Renovation Project to All -Tex Paving, Inc. of Dallas, Texas, in the amount of $424,541.00. E. Approval of the Change to Surplus Property List Councilman Bill Bailey made the motion, seconded by Councilman Bill Johnson, to approve the Consent Agenda, with item D removed. The motion carried UNANIMOUSLY by a roll call vote. Item D - Award Bid for Street Renovation Project. Councilman Alan Nix questioned the receipt of only one bid on this project. Al Rollins, representative of the engineering firm of Schrickel, Rollins & Associates, Inc., answered that he was surprised at not getting more bids, but he figured the companies were busy, as this is the time of year for this type of work. He said he had checked the background on this bidder and found the company to be a reliable company. Also, this is a very good bid. Councilman Alan Nix made the motion, seconded by Councilman Don Zelman, to award the bid to All -Tex Paving, Inc. of Dallas, Texas, in the amount of $424,541.00, for the Street Renovation Project. The motion carried UNANIMOUSLY by a roll call vote. V. PUBLIC HEARINGS: Mayor Lavinia Lohrmann opened the floor for a public hearing to consider rezoning property on the Northeast Corner of Columbia and Sloan from R -1 "Single Family Residential District" to B -3 "Central Business District" THOSE IN FAVOR OF REZONING: None THOSE OPPOSED TO REZONING: None There being no one present wishing to address this issue, Mayor Lohrmann closed the public hearing. Councilman Sam Taylor made the motion, seconded by Councilman George Swearingen, to pass and approve Ordinance No. 1993 -13, which is AN ORDIANCE rezoning that certain land in the City of Stephenville, being Lot 9, Block 68, City Addition, Erath County, Texas, from R -1 "Single Family Residential District" to B -3 "Central Business District ". The motion carried UNANIMOUSLY. Mayor Lavinia Lohrmann opened the floor for a public hearing to consider rezoning property located at 608 N. Graham from R -1 "Single Family Residential District" to B -1 "Neighborhood Business District ". - 36 - THOSE IN FAVOR OF REZONING: None THOSE OPPOSED TO REZONING: None There being no one present wishing to address this issue, Mayor Lohrmann closed the public hearing. Councilman Scott Evans made the motion, seconded by Councilman Bill Bailey, to pass and approve Ordinance No. 1993 -14, which is AN ORDINANCE rezoning that certain land in the City of Stephenville, being Lot 6 -A, Block 64, City Addition, Erath County, Texas; also known as 608 N. Graham Street, from R -1 "Single Family Residential District" to B -1 "Neighborhood Business District ". The motion carried UNANIMOUSLY. Mayor Lavinia Lohrmann opened the floor for a public hearing to consider rezoning Block 28, South Side Addition, from R -3 "Multiple Family Residential District" to R -3 /MH "Multiple Family Residential /Manufactured Housing District" THOSE IN FAVOR OF REZONING: None THOSE OPPOSED TO REZONING because they believe a mobile home park will decrease their property values and the increase in traffic will endanger their children. Bill Wells, 1355 Hyman Street Phyllis Guthrie, 1365 Hyman Street Lois L. Hooks, 710 S. Lillian Steve Castillo, 1435 Groesbeck Dwain Hooks, 710 S. Lillian Jake Hammond, 1465 Groesbeck There being no one else wishing to address this issue, Mayor Lohrmann closed the public hearing. Councilman Alan Nix made the motion, seconded by Councilman Sam Taylor, to deny the request for rezoning, from R -3 "Multiple Family Residential District" to R -3 /MH "Multiple Family Residential /Manufactured Housing District ", on all of Block 28, South Side Addition, Erath County, Texas, as recommended by the Planning & Zoning Commission. The motion carried UNANIMOUSLY. Mayor Lavinia Lohrmann opened the floor for a public hearing to consider comments regarding designation of Lot 1, Block 1, Wal -Mart Subdivision, as a reinvestment zone. THOSE IN SUPPORT OF A REINVESTMENT ZONE: Tom Galbreath and Tom Huffines, representing Dunaway Associates, Inc., addressed the Council in support of the reinvestment zone and presented the Economic Qualifications for Tax Abatement of proposed Wolfe Nursery Road. Vic Ashe asked some questions regarding drainage. - 37 - THOSE OPPOSED TO THE REINVESTMENT ZONE: None There being no one else wishing to address this issue, Mayor Lohrmann closed the public hearing. No action was taken. VI CONSIDER CONTRACT WITH WASTE MANAGEMENT. Councilman Scott Evans presented the proposed contract with Waste Management, Inc. The Council discussed residential rates, number of pickups, type of con- tainers, convenience stations, term of contract, commercial rates, pro- posed amendments to this contract, etc. After a lengthy discussion, Councilman Scott Evans made the motion, seconded by Councilman Don Zelman, to approve the contract with Waste Management, Inc. for the hauling of solid waste within the city limits of Stephenville, as amended, effective October 1, 1993. The motion carried UNANIMOUSLY. The Council gave vote of thanks to Councilmen Scott Evans and Alan Nix for their work with Waste Management. VII. CITY ADMINISTRATOR'S REPORT. Don Davis, City Administrator, reminded the Council of their decision in December to have a retreat this spring for the purpose of doing some goal setting. Also, to do some team building, some orientation and lay some foundation before going into the budget deliberations. He said he and Dr. Collins have interviewed three consultants. Of the three, they recommend Gary Halter and Ernie Clark be employed to conduct this retreat at a date and location yet to be determined. He said he will try to get all this lined up and bring back for your approval at your next regular meeting. Councilman Sam Taylor made the motion to approve the employment of Dr. Gary Halter and Ernie Clark as the facilitators of this project @ $2,000. Seconded by Councilman Don Zelman. The motion carried UNANIMOUSLY. VIII. CITY COUNCIL /CITIZEN GENERAL DISCUSSION: Mayor Lohrmann made the following statement: The City Council Rules & Procedures say the Mayor shall submit suggested committee assignments and chair designations to the City Council at the first regular Council meeting following the City General Election in May. The assignments shall be approved by a majority vote of the City Council. Last year I asked each councilmember to list their three preferred commit- tees and I tried really hard to put everyone on the committee of their choice, even though there were more people who wanted on certain commit- tees than others. When my committee list was dispersed at the June meeting, Mr. Nix immediately handed out another list and, I believe, Mr. Evans quickly moved to accept the new list and the majority of the Council voted in favor of the new list. I'm pleased to say that not all coun- cilmembers voted for these "back room tactics My question to you all is, do you again wish to violate the Council Rules & Procedures ?" If you do, I have better things to do with my time than to futilely make committee assignments. If you wish me to make the committee assignments, I'll be happy to do it. I would love to have your preferences and I will happily discuss it at the meeting, but I will not happily have this same thing this time. So, I'd like for you to decide. If you want to give me your preferences, I'll be happy to have them. If not, I'll just wait for the meeting next time. That's all I have to say. Vic Ashe asked if there was an impact study done on down stream properties with regard to the Wal -Mart development. Don Davis, City Administrator, said the property in question is that south of Hwy 377 and that is all private property. There are no public ease- ments involved in that drainage way. The developers were required to do studies of the drainage ways, off -site, upstream and down to assure that the provisions of the Drainage Ordinance were meta IX. CANVASS THE ELECTION AND DECLARE THE RESULTS. Mayor Lohrmann appointed Councilmen Bill Bailey, Dan Collins, and Don Zelman as a committee to canvass the results of the City General Election held on May 1, 1993, with Bill Bailey to chair the committee. The Canvassing Committee reported that they had canvassed the results and the Tally Sheet to be correct. Mayor Lohrmann read Resolution No.93 -05 declaring that Alan Nix, Bill Johnson, John Wooley and Scott Evans had been duly elected to their respective seats on the City Council in the City General Election, held on May 1, 1993. (Resolution attached to and becoming a part of these minutes). Councilman George Swearingen made the motion, seconded by Councilman Don Zelman, to approve Resolution No. 93 -05 as read. The motion carried UNANIMOUSLY. Mayor Lohrmann read Resolution No. 93 -06 declaring that Propositions Nos. 1, 4, and 5 were duly passed and Propositions Nos. 2, 3 and 6 were duly rejected in the City General Election held on May 1, 1993. (Resolution attached to and becoming a part of these minutes). Councilman Don Zelman made the motion, seconded by Councilman Alan Nix, to approve Resolution No. 93 -06 as read. The motion carried UNANIMOUSLY. X. ADMINISTER THE OATH OF OFFICE TO ELECTED OFFICIALS. Joyce Pemberton, City Secretary, administered the Oath of Office to Alan Nix, Bill Johnson, John Wooley, and Scott Evans; presented the Election Certificates and they took their seats. Mayor Lohrmann presented a Plaque of Appreciation to George Swearingen for his service and dedication to the City of Stephenville. W&M There being no other business to come before the Council, Mayor Lohrmann adjourned the meeting at 9:15 p.m. ATTES J ce Pe berton, City Secretary - 40 - avinia Lohrm4dn, Mayor RESOLUTION NO. 93 -05 A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE CITY GENERAL ELECTION. There came to be considered the returns of an election held on the 1- day of May, 1993 for the purpose of electing the hereinafter named officials, and it appearing from said returns, duly and legally made, that there were cast at said election 1,720 valid and legal votes; that each of the candidates in said election received the following votes: CITY COUNCIL, PLACE 1 Bee Bentley 631 Alan Nix 1,038 CITY COUNCIL, PLACE 3 John Wooley 1,137 Bob Kimball 489 CITY COUNCIL, PLACE 5 Glenda Jackson 575 Bill Johnson 1,053 CITY COUNCIL, PLACE 7 Jane Pratt 653 Scott Evans 1,012 NON, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: That said election was duly called; that notice of said election was given in accordance with law, and that said election was held in accodance with law, and that: Alan Nix was duly elected to City Council, Place 1; John Noolev was duly elected to City Council, Place 3; Bill Johnson was duly elected to City Council, Place 5; Scott Evans was duly elected to City Council, Place 7. Said above -named parties are hereby declared duly elected to said respective offices, subject to the taking of their oaths of office as provided by the laws of the State of Texas and the Charter of the City of Stephenville, Texas. PASSED AND APPROVED by the City Council of the City ZS7,henvill.le, Texa this the 4th day of May, 1993. ATT T: Lavinia Lohrmanrf, Mayor t1'/Tir�lir�✓ J ce emberto City Secretary RESOLUTION NO. 93 -06 i -- A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE CITY GENERAL ELECTION. There came to be considered the returns of an election held on the 1 day of May, 1993 for the purpose of considering six (6) propositions, which would amend the i Charter by changing the method by which the Mayor and City Councilmembers are elected, and it appearing from said returns, duly and legally made, that there were cast at said election 1,720 valid and legal votes; that each of the propositions received the following votes: PROPOSITION NO. 1 - MAYOR - TERMS YES 885 NO 763 PROPOSITION NO. 2 - COUNCILMEMBERS -TERMS OF OFFICE YES 624 N0 1.017 PROPOSITION NO. 3 - PHASE -IN OF TERMS SET FORTH IN PROPOSITION NO. 2 YES NO 566 1,055 PROPOSITION NO. 4 - MAYOR, COUNCILMEMBERS - QUALIFICATIONS YES 870 NO 755 PROPOSITION. NO. 5 - PLURALITY VOTE YES 849 NO 766 PROPOSITION NO. 6 - VACANCY YES 802 NO 818 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: That said election was duly called; that notice of said election was given in accordance with law, and that said election was held in accodance with law, and that: Proposition No. I was duly passed. Proposition No. 2 was duly rejected. Proposition No. 3 was duly rejected. Proposition No. 4 was duly passed. Proposition No. 5 was duly passed Proposition No. 6 was duly rejected. Propositons 1, 4 and 5 are hereby declared duly passed and Propositions 2, 3, and -6 are hereby declared duly rejected. PASSED AND APPROVED by the City Council of the City of Step enville, Texas, t is the 4th day of May, 1993. rr�r� Lavinia Lohrman - fayor RESOLUTION NO. 1993 -07 WHEREAS, U.S. Highway 67 is a major highway for commerce, trade, and travel from Dallas /Fort Worth Metroplex to West Texas; and WHEREAS, under the proposed National Highway System, there is no east to west travel route from the Dallas /Fort Worth Metroplex area through the center of the state, which leaves a major void within the central corridor of the state; and WHEREAS, the State of designates U.S. Highway 67 as Metroplex area to accommodate hour period; and Texas Emergency Evacuation Plan a major evacuation route from the as many as 17,900 vehicles in a 72 WHEREAS, without such a major highway, travel will be severely hampered; and WHEREAS, commercial and industrial interests of the area will be negatively impacted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS, that it strongly endorses the placement of U.S. Highway 67 on the National Highway System and urges the Texas Highway Commission to include U.S. Highway 67 within its recommendation of the State's plan. PASSED AND APPROVED this 4th day of May, 1993. Lavinia L mann, Mayor ATTEST: oyce emberton, City Secretary ORDINANCE NO. 1993 -13 AN ORDINANCE REZONING THE LAND DESCRIBED FROM THE ZONING CLASSIFICATION OF R -1 "SINGLE- FAMILY DWELLING DISTRICT" TO B -3 CENTRAL BUSINESS DISTRICT." BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: That certain land in the City of Stephenville being Lot 9, Block 68, City Addition, Erath County, Texas. and it is hereby rezoned and the zoning classification changed from the classification of R -1 "Single- Family Dwelling District" to BB =3 "Central Business District," in accordance with the Zoning Ordinance of the City of Stephenville. PASSED AND APPROVED this the fourth day of May, 1993. / Lavinia Lohrmann, Mayor ATTEST: oyce''Pemberton, City Secretary 4�cja ' Reviewed by Donald B. Davis, City Administrator Randy Thomas, City Attorney Approved as to form and legality ORDINANCE NO. 1993 -14 AN ORDINANCE REZONING THE LAND DESCRIBED FROM THE ZONING CLASSIFICATION OF R -1 "SINGLE- FAMILY DWELLING DISTRICT" TO B -1 NEIGHBORHOOD BUSINESS DISTRICT." BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: That certain land in the City of Stephenville being Lot 6 -A, Block 64, City Addition, Erath County, Texas. and it is hereby rezoned and the zoning classification changed from the classification of R -1 "Single- Family Dwelling District" to BB =1 "Neighborhood Business District," in accordance with the Zoning Ordinance of the City of Stephenville. PASSED AND APPROVED this the fourth day of May, 1993. Z Lavinia Lohrmann, Mayor ATTEST: oyc Pemberton, City Secretary Reviewed by Donald B. Davis, City Administrator Randy Thoma , C ty�ey Approved as to form and legality