HomeMy WebLinkAbout1983-10-04 - Regular City CouncilMINUTES OF THE CITY COUNCIL
OF THE
CITY OF STEPHENVILLE, TEXAS, HELD ON
TUESDAY, OCTOBER 4, 1983 - 7:00 P.M.
The regular meeting of the City Council of the City of Stephenville, Texas, was
called to order by the Mayor Pro Tem with the following'menbers present.
Mayor Pro Tem John E. Pollan
Councilmembers: Floyd Gordon
G. A. Swindle
and with the following members absent: Mayor Joe F
Reynolds, and David Clayton.
Charles Riggins
James L. McSwain
,William G. Brede, Ray
299
City Administrator Kurt J. Ackermann, City Secretary Joyce Pemberton, City Attorney
Joseph Chandler, Director of Finance Charlene Young, Chief of Police Doug Conner, Fire
Chief Larry May, Purchasing gent Betty Chew, members of the press and many others were
also present.
ITEM I: CONSIDER APPROVAL OF MINUTES.
Councilman McSwain moved,that the minutes of the council meetings of August 30,
1983 and September 6, 1983, be approved as written. Councilman Swindle seconded the
motion. The motion carried by the following vote:
AYES: All members present voted aye.
NOES: None
ITEM II: HEAR BRAD ALLEN REQUESTUiG APPROVAL ON BOND ISSUE THROUGH STEPHENVILLE
mmCi AT -1-W WArTT 1M=0 n �rc+r . I,, ....r.,
Mr. Brad Allen addressed the Council advising them',that his bond counselor, Mr.
Jack Gray, was unable to attend this meeting. Mr. Gray '',was to have made the presentation
of the request for Council approval on this bond issue through the Stephenville Health
Facilities Development Corporation,
Mr.. Allen said he would like to take this time to
and to dispel some of the rumors circulating among some
Mr. Allen said they are in the process, as a corpo:
facilities located on 1q, Washington Street (Rock House)
located on the Lingleville Highway (North Rock House).
property adjacent to the existing property. He nmade app
Health Facilities Development Corporation to assist in i
by issuance of bonds. The action coming before the Cit,
concern the financing of the facility he is going to mot
Mr.. Allen explained that the location of the proF
of the Lingleville Highway, There is no plans to loca
The proposed facilities will consist of two (2) buildi
application provides for two (2) apartments also,i. but
to build the two (2) apartments. He does plan on Iran
location. The new structure will be within 50" to 60'
be used for a classroom and administration building.
of the facilities,
ain what the bond project is
the citizens.
.tion, of moving one of his
ver by his other two facilities
o do this he purchased some
ication to the Stephenville
e financing of said project
Council at this time would only
:d facility will be within 100'
a facility on Spicewood Street.
at this point in time. The
this time, he does not plan
rring Rock House to this
the existing facility and will
state rules prohibit expansion
Mr. Allen said he would again like to reiterate that the zoning is prober - - - all
proper procedures have been followed public notice,was given several times of
meetings. He has had only one (1) private citizen and one (1) councilperson contact
him about this project.
Mayor Pro Tem Pollan advised again that there woulc
item at this meeting as Mr. Gray who was retained by Mr,
bond program is unable to be here, therefore, there can
this time. Those persons present wishing to ask questic
this time.
be no council action on this
Allen to review the proposed
5e no official action taken at
as of Mr. Allen my do so at
1360
At this time Mr. Allen answered numerous questions from persons in the audience
and members of the Council_
After a very lengthy discussion, Mayor Pro Tem Pollan tabled this item and called
a special meeting for Thursday, October 13, 1983 at 7:00 p.m. at which time Mr. Gray
should be present and action could be taken at that time.
ITEM III: HEAR DAVID JOHNSON; CITY MANAGER CITY OF DUBLIN, REGARDING
T OT\TnWTTT r'omc �ccc
Mr. David Johnson, City Manager City of Dublin, addressed the Council regarding
the increase, from $3.00 to $4.00 per cubic yard, ($80.00 per load), in the landfill
gate fees. Mr. Johnson said that this would increase their annual budget by approx-
imately $7,000.00 and he felt it was his duty and his responsibility to the citizens
of Dublin to come before the Council to ask for a review of this increase in gate fees.
Councilman Swindle advised Mr. Johnson that at the time the landfill site was
purchased it was not planned to have Dublin use the site. Dublin is approximately
one - fourth the size of Stephenville which is using the land faster that anticipated
and Stephenville will be faced with purchasing another landfill site sooner than
anticipated.
Mayor Pro Tem Pollan told Mr. Johnson that he respected him for doing his job
but it was his thought that he might want to check with DeLeon to maybe form a joint
venture with them or they might look at purchasing their own landfill site. Mayor
Pro Tem Pollan advised Mr. Johnson that the Council considered these fees thoroughly
during budget discussions to be sure they were not puttiTlg undue pressure on anyone
whose fees were increased.
Councilman Riggins advised Mr. Johnson that in checking the records he had found
that Dublin uses about 1.3 acres per year of the landfill which is about 20% of the
acreage being used each year, Under the new rates Dublin will be paying about 207
of the landfill budget and the Council .feels this is fair.
Mayor Pro Tem Pollan said he felt that the message Mr. Johnson could take back
to his people was that the Stephenville City Council had spent many long and hard
hours over the budget and had increased several fees for services, i.e., water,
sewer, and taxes, but had tried not to make it an undue burden to anyone.
ITEM IV: CONSIDER PROPOSAL: TO'UPDATE TRAFFIC ENGINEERING REPORT.
City Administrator Kurt Ackermem explained this is a proposal from Traffic
Engineers, Inc, which is the firm that did the city's original traffic report
in 1976. Last year the P & Z Commission recommended that the city update its traffic
report. The question on the extension of Harbin Drive seeT>ed to make it doubly im-
portant to get the report updated,
Mr. Ackermaxn said the proposal outlined what they would do at an estimated cost
of $15,000 to $20,000. They could start work within two (2) weeks of notification
and expect to finish within six (6) months of starting date.
CouncilTman Riggins moved to authorize Traffic Engineers, Inc. to proceed with
the traffic report update as outlined in their proposal. Councilman Gordon seconded
the motion. The motion ,carried by the following vote:
AXES: All members present voted aye,.
NOES: None
TONS FROM PW
Mrs. Helen Martin, Vice Chairperson of the Planning & Zoning Commission,
Presented the following recommendations:
A. Proposal To Amend Zoning Ordinance To Include R -3 Zoning District:
Mrs. Martin advised the Council that the P & Z Commission has been looking
over the Zoning Ordinance for about two (2) years trying to update and
improve it. One of the areas discussed was to have a zoning district for
large apartment complexes (5 or more units). This would improve the ap-
pearance of the R -2 zone by not having the large complexes (10, 12, or more
units) in the R -2 District. The Conmi.ssion felt this would also be a buffer
zone between residences and businesses, i,e,, R -1, R -2, R�3, then B -1,
301
Also many of the.larger apartments are being "cramed" onto lots that are
almost too small. It was the consensus of the Coum ssion to have some R -3
zones because they felt it was only fair'to the contractors and developers
that they know where they would be able to put the larger apartments. Also
it would save time.
After some discussion, Mayor Pro Tem Pollan, with the consent of the Council,
set Tuesday, November 1, 1983 at 7:00 p.m. in Council Chambers at City Hall
as the date, time, and place for a public hearing to consider this item.
B. Mayor Pro Tem Pollan, with the consent of the Council, set Tuesday, November
1, 1983 at 7:00 p.m. in Council Chambers at City Hall as the date,, time, and
place for a public hearing to consider rezoning, from R -1 to R -2, Lot 28,
Block 146, City Addition, (8.32 acres on Lingleville Highway and being part
of the Paul Howell property.
C. After some discussion, Councilman Riggins,moved passage and approval of an
ordinance amending the city's Zoning Ordinance changing the number of members
required for a quorum of the Planning & Zoning Commission. Councilman Swindle
seconded the motion. The motion carried by the following vote:
AYES: All members present voted aye.
NOES: None
ORDINANCE
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF STEPHENVILLE
BY AMENDING SECTION 19A, PARAGRAPH 6, PAGE 55, PROVIDING FOR THE QUORUM
OF MEMBERSHIP OF THE PLANNING & ZONING COMMISSION REQUIRED.
ITEM VI: HEAR COMMITTEE REPORT REGARDING CENTRAL APPRAISAL DISTRICT'S REQUEST
TO LEASE PROPERTY.
City Administrator Kurt Ackermann advised that he and Councilman McSwain had met
with Mr. Bachus and it seemed to be the consensus of the committee that the property
bordered by McNeil Street on the north, Long Street on the south, and Virginia Street
on the west, would be a good site to lease to the Appraisal District for the site of
their new building. When that site was discussed with Mr. Bachus he said he was
totally in favor of it because it would be close to the courthouse, city hall, several
attorneys in the downtown area, and the abstract companies, plus it would bring activity
into the downtown area. Mr. Ackermann advised that, after talking with knowledgeable
persons, such as appraisers, etc., the committee felt this property could be leased to
the C.A.D. for $325.00 per month with a two (2) year option. They would do the im-
provements on the land and, if for some reason, the C.A.D. is legislated out the im-
provemnents on the land would revert back to the city.
Councilman McSwain reported that the property in question was two (2) lots were
104' x 104' each and the proposed building would be 40' x 110' plus parking.
After discussion, it was the consensus of the Council that $325.00 per month was
not enough nmoney for amount of land being leased and that an appraisal of the property
was needed.
Mayor Pro Tem Pollan tabled this item on behalf of the committee until they come
back with an appraisal of said property.
VII: CONSIDER
CONTRACT BETWEEN C.A.D. AND CITY FOR ASSESSMENT
City Administrator Kurt Ackermann reminded the Council they had authorized the
drafting of this contract at the last council meeting. Mr. Ackermann said he had had
only one continent from any of the councilmembers and that concerned the paragraph
"Remittance Collections" on page 2 of said contract. He had suggested that the
remittance be weekly rather than monthly February thru September.
Councilman Gordon commented that he felt the deposits should be daily.
After some discussion, Councilman Riggins moved approval of the contract between
the C.A.D. and the City for assessment and tax collection services, providing that
the paragraph "REMITTANCE OF COLLECTIONS" on page 2 be changed to read "The taxes
collected for each taxing unit shall be remitted to the unit daily, from October 1
tbru September 30, for the duration of this contract.,, Councilmnau Cordon seconded the
motion. The motion carried by the following vote:
AYES: All members present voted aye.
NOES: None
i'
M) 2
ITEM VIII: CONSIDER FOR APPROVAL CONTRACT AGREEMENNT'TO IMPLF,^�NT'IpCAL
Councilman McSwain explained this is aiicomputer program hooked up with other
city governments by which the City of Stephenville may inquire of other cities on
this program for information as to how they have solved problems which are similar
to ours. Also get statistical information for different projects.. " .
Mayor Pro Tem Pollan commented that this system will provide input from other
cities for a given situation similar to the information we get from TML. He also
explained this was reviewed and discussed in the budget meetings and it was the
consensus at that time to go ahead with it. Now approval of the contract is all
that is needed.
Councilman McSwain moved approval of the contract /agreement for Local Government
Information (LOGIN) Service as presented, subject to approval of contract by the City
Attorney. Councilman Swindle seconded the motion.
The Council entered into a discussion of Item 4: "TERMINATION" of the said contract
which states the customer has the option to terminate this agreement within 120 days
or on or before December'16, 1983. It was the general opinion of the Council that
they would not get the full 120 days for a trial period.
After discussion, Mayor Pro Tem Pollan directed the City Administrator to get
clarification on the Agreement Termination Clause to see if it could be amended to
extend the termination date to allow the full 120 days trial period.
No question was called for the motion on the floor.
IX: HEAR RECOMMENDATION FROM FIRE CHIEF REGARDING POLICIES FOR
Fire Chief Larry May presented his recomaendations regarding policies for
ambulance transfers and stand -by services.
Mayor Pro Tem Pollan appointed the following councilmembers as a committee to
work with Mr. May and to present their recommendations to the Council at.the next
meeting:
G. A. Swindle, chairman
James McSwain
Charles Riggins
SIT M X: HEAR REPORT FROM
CHIEF REGARDING MUTUAL AID AGREEMENT'S FOR
Fire Chief Larry May discussed with the Council a proposed countywide agreement
for mutual aid for countywide fire protection.
After discussion, Mayor Pro Tem Pollan appointed the following councilnmbers as
a conTdttee to study this agreement and work with Mr. May and present their recomrendations
to the Council at the next meeting:
G. A. Swindle, chairman
James McSwain
Charles Riggins
ITEM XI: AUTHORIZE INVITATION FOR BIDS TO REMODEL ROOM AT LIBRARY.
Councilman Swindle moved that Libriarian Marilyn Alford be authorized to
invite bids for the remodeling o£ one (1) room at the Stephenville Public Library.
Councilman Biggins seconded the motion. The motion carried by the following vote;
AYES: All members present voted aye.
NOES: None
STATE OF TEXAS FILE COPS' OCT. 14 1983
COUNTY OF ERATH X
CITY OP, STEKIENViiUV
CONTRACT FOR ASSESSMENT AND COLLECTION SERVICES
On this the 15th day of September, 1983, the Central Appraisal District
of Erath County, (hereinafter called "District ") and the City of Stephenville
(hereinafter called "Taxing Unit "), enter into the following agreement:
PURPOSE
The parties to this agreement wish to consolidate the assessment and
collection of property taxes in one agency, the Central Annraisal District.
The City of Stephenville enters this agreement to eliminate the duplication
of the existing system and to promote governmental efficiency.
The parties enter this contract pursuant to the authority granted by
Section 6.24, Property Tax Code, and TEX.REV.CIV.STAT.ANN.Art.4413 (32c)`
(Vernon 1979).
{
TERM
This contract shall be effective from October 1, 1983 to March 1, 1985,
provided, however, that the district shall complete performance of service to
be performed for the 1984 tax year after delinquency, if the district finds
extension to be necessary. To remain effective, this contract must be approved
by any subsequent governing bodies of the parties to this contract.
SERVICE TO BE PERFORMED
(1) The district shall collect the ad valorem property taxes owing to
the City of Stephenville. The district further agrees to perform for the.City
of Stephenville all duties provided by the laws of the State of Texas for the
collection of said taxes.
(2) The district shall perform all the functions set out in the definitions
section of the contract. Specifically the district agrees to prepare and mail
tax statements for each taxpayer within the district.
(3) The City of Stephenville hereby designates the Chief Appraiser as its
tax assessor for purposes of compliance with Chapter 26 of the Texas Property
Tax Code, as amended. In addition, the parties agree that the Chief Appraiser
of the district shall perform all the duties required by law of the tax assessor-
collector of the City of Stephenville in regard to assessing and collecting ad
valorem taxes.
(4) Complete the State Property Tax Boards market value report.
(5) Prepare delinquent tax statements each quarter year (3 months) with
correct penalty and interest calculated to reflect total amount due, if paid
in a particular month.
PAYMENT
Amount of Payment:
he tax unit agrees to pay the district the cost of perform
the services specified above, These costs shall be allocated to the taxing
unit contracting for assessment and collection services in the following manner;
Each taxing unit shall pay the portion of the cost of assessing and collecting
that is equal to the proportion that the total number of collection accounts-
for that taxiing unit bears to the sum of the total number of collection accounts
of all taxing units for which the district assesses and collects taxes, This
cost is budgeted for 1983 at $4,889.00 plus postage for the 1983 tax roll.
(2) In the event payment is received in any one year exceeds the actual,
cost of assessing and collecting, the district shall reimburse the taxing units
the excess funds.
Method of Payment:
The cost oassessing and collecting taxes for each taxing unit shall be
paid to the appraisal district in four quarterly installments. The Chief Ap-
praiser and the governing body of the taxing unit may agree to delay a payment
from a, taxing unit or to arrange a different method of payment.
REMITTANCE OF COLLECTION
The taxes collected for each taxing unit shall be remitted to the unit
daily for the duration of this contract,
ADMINISTRATIVE PROVISIONS
(1) All expenses incurred by the district for the assessment and collection
of tvices shall be clearly kept on the books and records'of the district. The tax -
ing units or their designated representatives are authorized to examine the re-
cords to be kept by the district at such reasonable times and intervals as the
taxing units deem fit. Such books and records will be kept in the offices of the
district.
(2) The district agrees to obtain a surety bond for the Chief Appraiser
acting in his capacity as assessor- collector for the City of Stephenville. Such
bond shall be payable to the City of Stephenville, for no less than Fifty . Thousand
($50,000.00) Dollars.
MISCELLANEOUS PROVISIONS
(1) The taxing unit agrees to transfer to the possession and 'control of
the district, without charge, copies of all records necessary for the performance
of the duties and responsibilities of the district pursuant to this contract.`
These records shall include all tax records, including delinquent tax rolls, or
records available to the taxing units.
(2) The district shall not be liable to the taxing unit on account of any
failure to collect taxes nor shall the Chief Appraiser be liable unles.s,the
failure to collect taxes results from some failure on his 'part to perform the
duties imposed upon him by law and by this. agreement.
(3) Payments by the taxing units for the service under this contract shall
be made from current revenues available to the taxing units'.
DELINQUENT TAX SUITS
The taxing unit authorize the district to institute such suits for the
collection of delinquent taxes as the district deems necessary and to contract
with an attorney, as provided by Section 6.30 of the Property Tax Code, for the
collection of delinquent taxes.
DEFINITIONS
For purposes of this agreement, the terms "assessment" and "collection
shall include the following: calculation of tax, preparation of current and
delinquent tax rolls, proration of taxes, correction of clerical errors in tax
rolls, collection of current liabilities, collection of delinquent taxes, issuance
of %refunds, and calculation of an effective tax rate required by Section 26.04
of the Property Tax Code. The term "assessment" shall not include those functions
defined as "appraisal" by the Property Tax Code.
Executed at Stephenville, Texas, on the date and year first written above.
CITY OF STEPHENVILLE CENTRAL APPRAISAL DISTRICT OF ERATH
COUNTY
;—City o Svil e Chairman, Board ot Vir ecto s
303.
ITEM XII: CONSIDER BID PROPOSALS:
A. WORD PROCESSOR - CITY SECRETARY'S OFFICE:
City Secretary Joyce Pemberton presented the following bids for a word
processing system:
1. CPT of Fort Worth--------- -
1300 Summit Ave., Suite 202
Fort Worth, Texas
- $11,443.45
2. Lanier Business Products ------------------------------ $10,885.00
711 Bosque Blvd., Suite 201
Waco, Texas
Mrs. Pemberton recommended the CPT 8520 system because of the tele -cone nlications
already built into the system - - - the black on white upper and lower (preview)
screen - - - the ease of operation - - - the math, charts, and graph capa-
bilities.
After some discussion, Councilman Swindle moved that based on Mrs. Pemberton's
review and the adaptability of this equipment to future equipment to accept
the bid of $11,443.45 for a CPT 8520 word processing system from CPT of Fort
Worth. Councilman McSwain seconded the motion. The motion carried by the
following vote:
AYES: All uEnbers present voted aye.
NOES: None
B. COMPUTER SYSTEM - ADMINISTRATIVE SERVICES & UTILITY ACCOUNTS.
Mr. Dan Collins, computer consultant retained by the City to help with
specifications for a compuer system, advised the Council that the low
bid from CPS (Texas Instruments from Wichita Falls, Texas) does meet all
requirements and, in his opinion, there is no reason not to accept the low
bid.
Councilman McSwain moved acceptance of the low bid of $93,845.00 from CPS -
Texas Instruments for the purchase of a computer system. Councilman Biggins
seconded the motion. The motion carried by the following vote:
AYES: All members present voted aye.
NOES: None
ITEM XIII: DISCUSSION OF POLICY WITH REGARD TO
Mayor Pro Tem advised that he thought this item would require some review and
discussion. He appointed the following councilmenbers as a committee to review and
work with city staff and bring some recommendations back to the Council at the next
meeting:
Bill Brede, chairman
Floyd Gordon
David Clayton
There being no other business to come before the Council, Mayor Pro Tem adjourned
the meeting at 9:50 p.m. ;z
Jo o lan, Mayor Pro Tem
ATTEST;
ity ecretaiy
ORDINANCE
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY
OF STEPHENVILLE BY AMENDING SECTION 19A, PARAGRAPH 6,
PAGE 55, PROVIDING FOR THE QUORUM OF MEMBERSHIP OF THE
PLANNING & ZONING COMMISSION REQUIRED.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
STEPHENVILLE:
SECTION ONE
The Zoning Ordinance of the City of Stephenville is hereby
amended by changing Section 19A, Paragraph 6, Page 55, which
provides for the quorum of membership and which is as follows:
6. MEETINGS AND QUORUM
A quorum for the conduct of business shall be a majority of
the members of the 'Planning and Zoning Commission. The
members of the Commission shall regularly attend meetings
and public hearings of the Commission and shall serve without
compensation, except for reimbursement of authorized expenses
attendant to the performance of their duties.
PASSED AND APPROVED this the 4th day of October, 1983.
ATTEST:
City Secretary