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HomeMy WebLinkAbout1979-02-27 - Special City CouncilSPECIAL SESSION - TUESDAY FEBRUARY 27, 1979 - 3:OOP.M. CHAMBER OF THE CITY COUNCIL CITY HALL, CITY OF STEPHENVILLE, TEXAS The City Council of the City of Stephenville, Texas met in Special Session Tuesday, February 27, 1979 at 3:00 p.m. with Mayor Donald R. Jones present and presiding. Councilmembers Mike Leese, W. M. Irwin, Calvin A. McGee, Charles Riggins, Raymond Anderson, E. W. Ferguson, Larry Hammett, and Linda Chew. Others attending were City Administrator Marshall Shelton, Admini- strative Assistant Kurt Ackermann, Director of Public Works R. Y. Gann, City Attorney Joseph Chandler, Assistant City Attorney Randy Chandler, Mr. Truett Bramlett, Mr. Shelby Newman, Mr. J. W. Beck, Mrs. Lavania Lohrmann, Mr. Cleve Cole, City Secretary Joyce Pemberton, members of the press and others. Mayor Jones called the meeting to order. ITEM I: DISCUSSION OF SENIOR CITIZENS GRANT PERTAINING TO THE PURCHASE OF PROPERTY FROM TERRELL FOUNDATION. Mayor Jones explained that Mrs. Lavania Lohrmann had contacted him a week or so ago regarding the purchase of the building and property next' door to the existing Senior Citizens facilities. The Terrell Foundation has made the property available and the Senior Citizens are interested in acquiring said property. There is a grant available for the purchase and Mrs. Lohrmann is primarily interested today in duscussing the city's position to the extent of whether or not the city will underwrite the repairs and renovation of the building should the grant be obtained for the purchase. ' Mrs. Lavania Lohrmann, Director of the Senior Citizens Center, came before the Council to explain what she had in mind, Mr. Lohrmann said that there is a Title V grant available now to purchase the property next door to the present Senior Citizens Center facility. The Terrell Foundation is asking $30,000 for the property and she feels they will be very fortunate to get the purchase price without including anything for repairs and renovation. Mrs. Lohrmann's question to the Council was, is the Council inte- rested in writing this grant in the name of the city and adding this building to the present building which the city owns, if she is able to acquire it and, if so, is there money available for renovations. 224 \ Mrs. Lohrmann explained that the building is in terrible repair, but she was thinking of just the absolute minimum repairs at this time to make the building usable. Some of the repairs at this time Mrs. Lohrmann had in mind were to leave it in the "barn type" condition with double doors at the front to connect it to the present facility and a single door connect- ing to the present kitchen, repair the walls, either repair the roof or put on a new roof, some plumbing repairs to the bathrooms, some electrical work, and repair the floors. She said she was thinking in the terms of $10,000 for repairs. This is 100% funding and she thought she would write the grant in the name of the city as the city already owned the present facility. Also that she needs a positive figure that the city would underwrite be- fore she writes the grant application. After more discussion, Councilman Irwin moved, seconded by Council- woman Chew, that the Council pursue this and the Mayor appoint a com- mittee to work with Mrs. Lohrmann to determine the repair figures and report back to the Council at the next meeting. Motion carried unani- mously. Mayor Jones appointed Councilman Anderson, chairman, and Councilman Ferguson and Councilwoman Chew as members of a committee t -o work with Mrs. Lohrmann to determine the cost of repairs to said building and re- port back to the Council. ITEM II: COMMITTEE REPORT ON PROPOSED INDUSTRIAL PARK. Councilman Riggins, reporting for his committee, advised the Council that the committee had met with Mr. Newkirk and Miss Fenner for two hours and they had discussed the proposed industrial park to be located at the intersection of Highways 281 and 108. Councilman Riggins said that Mr. Newkirk and Miss Fenner had attempted to get the committee to recommend that the city change the water line extension policy to indtlude more city participation than just the cost of oversize pipe and the committee had assured them that the committee was not going to recommend any change in the water line extension policy. Mr. Newkirk and Miss Fenner did not give the committee any indication as to whether they would pursue the development of the industrial park or not without more participation from the city. Councilman Riggins siad that the Director of Public Works had estimated the city's cost in this project would be approximately $50,000. Mayor Jones said that the reason they were asking for more par- ticipation from the city was because this extension would be improving the city's water system. Councilman Riggins replied that was the reason for the city's paying for the oversize pipe as it did improve the city's water system. The Council discussed the fact that Mr. Newkirk and Miss Fenner would be reimbursed a prorata share of the cost should anyone tie onto this water line in the future and the city would not recover any of its cost. i Councilman line hextensionepolicy. Councilman Riggins advised that the committee felt that the city could not do any more for Mr. Newkirk and Miss Fenner toward the development of the proposed industrial park than anyone else such as The Norton Company or any developer of a subdivision and if they varied from the policy with them, they would have to vary, with the next persons coming in. Councilman Irwin said he was not prepared to make a decision on whether or not the city would participate in the cost of the oversize pipe should they decide to pursue the development of said industrial park. He said, in his opinion, they should be required to come into the city limits and he would like to know their plans as to how fast they anticipate de- veloping this park and if they have any prospects now. He suggested waiting until they make application before deciding whether or participate in water extension or not. Councilman McGee pointed out that said line does tie into the Master Plan and would help the city in the long run. He felt that the develop- ment of industrial land would be very advantageous to the city in more ways than one and he thought the Council should take a favorable view of participating in the line extension. It was the consensus of the Mayor and Council to wait until Mr. Newkirk and Miss Fenner were ready to start developing said property and ask for the city's participation, then, decide on the basis of their plans whether it would be feasible for the city to participate in the cost of the over- size pipe. 225 ITEM III: DISCUSSION OF MAINTENANCE OF COUNTY ROAD TO CITY LANDFILL. Mayor Jones explained that County Judge McCoy had called him with regard to the maintenance of the county road to the city's sanitary landfill. It seems that County Commissioner Reeves understood that some time in the past the city had agreed to provide paving maintenance of the county road to the city's sanitary landfill. Also several other persons had called him wanting to know why the city was not doing its part on this road. Mayor Jones stated that to any paving maintenance on had been used when referring sides of the road. The City tapes from previous meetings to any paving maintenance of Ze could not recall that the city had agreed this road. He said the term "maintenance" to keeping the litter picked up from the Secretary and others had listened to the and had found no reference to the city agreeing this road. Mayor Jones said he would like to find out today what the Council's position might be now and he.would get with Judge McCoy to see what their proposals are. Councilman Irwin said litter was what had been discussed at previous meetings with regard to maintenance. Mayor Jones said that the issue that is before the Council is - - Is it the taxpayers obligation that live within the city limits or is it a county road to be maintained by the county. He said he had a problem with the legality of using city funds to pave a county road as residents within the city limits also pay county taxes. Mr. Shelby Newman and Mr. Truett Bramlett spoke to the Council re- garding the terrible condition of the road, the use of the road by the garbage trucks, the need of repairs, and indicated they thought the city should participate in the maintenance of this road. After a very lengthy discussion, Mayor Jones said he would talk to Judge McCoy and she will have to go back to the County Commissioners and he would have to come back to the Council for a decision. There was no further action or discussion. EXECUTIVE SESSION Mayor Jones called an Executive Session at 4:00 p.m. with the City Attorney involving possible litigation in accordance with the Open Meetins Act, Vernon's Civil Statutes, Article 6215 -17, Section 2.(e). The Mayor and City Council reconvened in Open Session at 4:40 p.m. The Mayor asked for discussion of the list of items needed from Fambro Construction Company in order to get compliance to city requirements in the installation of utility lines., (Said list also discussed in the Executive Session). Mayor Jones asked Director of Public Works R. Y. Gann to explain what had precipitated these items. Mr. Gann explained that Mr. Fambro did not provide proper on the job supervision. That the city's inspector could never find anyone in charge of the work. That the city's inspector was never notified for an inspection, the work was just covered up without inspection. If he (Mr. Gann) said anything to Mr. Fambro about this, Mr. Fambro would just take his crew and ago somewhere else to work. Mayor Jones asked if the city should be dealing with the contractor or the person that hired the contractor. City Attorney Chandler advised that the developer paying the con- tractor should have the responsibility to help the city's inspector to see that the contractor is complying with city requirements and standards, then, if the contractor does not comply, the city does not have to accept the work. Mr. Chandler said the problem all the way through was that the city had not looked to the developer to see that his con- tractor was doing the work as per city standards. Mr. Gann referred to the Taylor Mobile Home Park on the Lingleville Highway. Mr. Fambro had connected the water himself rather than wait for the Water Department to connect it for him and had covered the pipe without an inspection. 226 Mayor Jones advised that the question is - - Does the Council want a letter sent to Mr. Fambro stating these items are what is needed to comply with city requirements and will the Council back the administrative staff if such a letter is sent. After much more discussion, it was the consensus of the Mayor and Council that in the future when Mr. Fambro does not install the utilities to meet city standards and does not get the proper inspections, the developer will be notified, along with Mr. Fambro, that these utilities will not be accepted until the lines have been uncovered and proper inspections have been made. They will not get city water until the city standards and specifications have been met. Mr. Gann asked that if he went out to a job and the work had not passed inspection or did not meet city specifications, could he stop the work at that time until it was corrected and did pass, inspection. The Council unanimously agreed that he could. City Attorney Chandler advised Mr. Gann that when he (Mr. Gann) found that the pipe had been covered up without inspection that he should go to the developer and tell him that the city will not accept or approve the work until it has been uncovered and passed inspection. The developer is the one paying the contractor and the developer is the one actually responsible for the work being done in accordance with city specifications, Councilman Hammett said that some of the people with Texas Power and Light and Lone Star Gas had contacted.him about going out to some of the electrical jobs and the gas plumbing jobs and finding that the city inspector had given a green tag that it has passed city inspection and they find things that are not legal. They have to call the inspector back and point out what is wrong. Councilman Hammett said he was just wondering when the time would be right for the city to hire an inspector that was tough. He was sure the city would have to pay a lot more in salary to get an inspector that really knew the business, but it seems that we are just slipping by now. It was his opinion that it was just a lack of knowledge on Hardy's part. That Hardy was doing the best he knew how, but it is the inspector's job to know and to find all the errors possible. He said he didn't think the city was doing the consumer nor the people in the trades a good turn. Councilman Hammett said these things were small and he just wanted the Council to be aware that there were some things being pushed under the table. . Mayor Jones suggested that Mr. Shelton check with Texas Power & Light and Lone Star Gas to find out what areas are in question and see that those problems do not recur. There being no other business, the meeting adjourned at 5:10 p.m. ATTEST: it Secretary