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HomeMy WebLinkAbout2014-02-04 - Regular City CouncilMINUTES OF REGULAR BUSINESS MEETING City of Stephenville - City Council Tuesday, February 4, 2014, 5:30 P.M. The City Council of the City of Stephenville, Texas, convened on February 4, 2014, at 5:30 p.m., in the Council Chambers at City Hall, 298 West Washington Street, for the purpose of a Regular 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'sTexas Codes Annotated, with the following members present, to wit: Mayor Jerry K. Weldon Mayor Pro -Tem Malcolm Cross Council members Casey Hogan Doug Svien Russ McDanel Brady Pendleton Alan Nix Scott Evans Others Attending Mark A. Kaiser, City Administrator Randy Thomas, City Attorney Betty L. Chew, sitting in for the City Secretary Call to Order. The meeting of the Stephenville City Council was called to order at 5:30 p.m. on Tuesday, February 4, 2014, by Mayor Weldon. II. Citizens' General Discussion. Marcus Cook, 2250 West Lingleville Road, works forthe Erath County Community Coalition whose main focus is to reduce underage drinking in Erath County. Cook gave the following statistics from the 2012 Texas Survey Data: • Among elementary age students (grades 1 to 6) in Erath County, 19% had alcohol in their lifetime and 12% had alcohol within the last school year. • Secondary school students who have had alcohol in their lifetime is 65% and 35% had alcohol within the last month, which is 11% higher than the state average. Kevin Miles, 1437 Oakwood Drive, Stephenville, is the President of the Erath County Community Coalition. He stated that students in Erath County rank above the national average for underage drinking. He asked council members and city residentsto supportthe coalition in their efforts. Regular Business Meeting February 4, 2014 Stephenville City Council III. Comprehensive Annual Financial Report—Lewis Crain with Rutledge Crain & Company PC (separate cover) Lewis Crain thanked council for the opportunity to make this presentation. He said that it was an absolute pleasure to conduct Stephenville's audit. Crain reported that they found no material weaknesses and no reportable conditions. He reported thatthe cityenjoyed a good financial year, and added $500,000 into reserves. He said it's always good to bring in more revenue than was budgeted, but when you do an equal offset with expenditures, you do have control overthat. He commended the council for their guidance and the staff fortheir work. MOTION by Doug Svien, second by Alan Nix, to receive the audit and refer it to the Finance Committee for further review. MOTION CARRIED. IV. Presentation and Consideration of Chamber of Commerce Tourism Budget and Annual Report—July Danley, President, Stephenville Chamber of Commerce July Danley, President/CEO of the Stephenville Chamber of Commerce submitted the tourism budget, which is attached hereto. She introduced members of the Board of Directors who were present: Wendell Hollingsworth, Chairman; Milo Choate, Past Chair; and Darrell Brown, Chair -Elect. Staff members in attendance were Teresa Burdick and Jennifer Grandpre. Danley reported that hotel occupancy tax revenues increased 5% from 2010 to 2011, increased another 13% in 2012, and held steady in 2013. The chamber staff uses these funds to promote tourism by devoting staff time, energy and resources to servicing the needs and requests of visitors, assisting current events in improving their success and impact, actively recruiting new events, and communicating with local businesses and hotels to ensure the visitors have a pleasant experience while they are spending time and money in our community. MOTION by Russ McDanel, second by Brady Pendlton, to accept the Chamber report and approve the Tourism Budget for 2014. MOTION CARRIED, V. Stephenville Police Department Racial Profiling Report Police Chief Pat Bridges delivered his report stating that during 2013, the department had 3,031 motor vehicle related contacts with 2,420 being Caucasian drivers. Of those 3,031 contacts, the total number of instances where officers knew the race and ethnicity of individuals before being detained was 141, while the total number of instances where officers did not know the race and ethnicity was 2,890. Further, no complaintswere filed for possible violations of the Texas Racial Profiling Law. MOTION by Alan Nix, second by Russ McDanel, to accept the Racial Profiling Report. MOTION CARRIED. Regular Business Meeting Feb ruary4, 2014 Stephenville City Council VI. PLANNING AND ZONING COMMISSION A. PUBLIC HEARING to consider request to rezone from R-3 "Multiple Family Residential District" to B-2 "Retail and Commercial Business District", the southernmost 258 feet of Lot 51, Block 134, City Addition, located at 1416 W. Washington Street Mayor Weldon opened a public hearing. Betty Chew, Director of Community Development, reported opened a public hearing. Betty Chew, Director of Community Development, reported that the property, owned by McDonalds, carries two zoning classifications—B-2 "Retail and Commercial Business District" and R-3 "Multiple Family Residential District. The Planning and Zoning Commission recommends this zoning change. Speaking in Favor of Re -Zoning: Clay Christy, 232 Lotus Avenue, Fort Worth, Texas, is with Clay Moore Engineering and explained that McDonald's intention is to establish consistent zoning on the property as they plan to build a new structure at this location. Speaking in Opposition of Re -Zoning: None Mayor Weldon closed the public hearing. B. Consider Adopting Ordinance No. 2014-02 rezoning from R-3 "Multiple Family Residential District" to B-2 "Retail and Commercial Business District", the southernmost 258 feet of Lot 51, Block 134, City Addition, located at 1416 W. Washington Street MOTION by Casey Hogan, second by Alan Nix, to adopt Ordinance No. 2014-02. MOTION CARRIED. C. PUBLIC HEARING to consider request to add "Health club, weight and aerobic center" to the permitted uses in the DT "Downtown District" zoning classification Mayor Weldon opened a public hearing. Betty Chew, Director of Community Development, reported that the Planning and Zoning Commission recommends this amendment to the Zoning Ordinance. Speaking in Favor of the Amendment: None Speaking in Opposition of the Amendment: None Mayor Weldon closed the public hearing. D. Consider Adopting Ordinance No. 2014-03 Amending the Zoning Ordinance of the City of Stephenville by adding "Health club, weight and aerobic center" to the permitted uses in the DT "Downtown District" zoning classification Regular Business Meeting February 4, 2014 Stephenville City Council MOTION by Doug Svien, second by Russ McDanel, to adopt Ordinance No. 2014-03. MOTION CARRIED. VII. Consider Approving Agreement Providing Water Service to 2158 East Washington Outside City Limits MOTION by Alan Nix, second by Brady Pendleton, to approve the agreement between Edwina Ferguson and the City of Stephenville to provide water service to 2158 East Washington. MOTION CARRIED. VIII. Consider Approving Local Project Advance Funding Agreement (LPAFA) between the City of Stephenville and Texas Department of Transportation for the Bosque River Trail Extension Project City Administrator Mark Kaiser explained the scope of this project as follows: Extending the existing Bosque River Trail 7,000 linear feet from Tarleton Street to the Tarleton State University College Farm at College Farm Road and FM 8. The project plans include new sidewalks and bike lanes which will connect the trail's main route to the medical center and main campus. A branch trail will connect to a trailhead shelter and shared parking at World Ministry Outreach on FM 8. The purpose of this project is to provide open pedestrian -bike access from the Tarleton College Farm area south to the historical museum and City Park on the existing Bosque River Trail. MOTION by Scott Evans, second by Casey Hogan, to approve the LPAFA between the City of Stephenville and Texas Department of Transportation. MOTION CARRIED. IX. Results of the January 20, 2014 Council Work Session Mayor Weldon reported that the council set the following priorities for the committees: Planning and Development 1. Update Codes 2. Curb/Gutter 3. Annexation—East Side 4. Rec Center—Public Involvement 5. Privatization—Mowing, Landfill Finance 1. Audit 2. Refinance 3. Capital Financing 4. Sales Tax 5. Fund Balance Regular Business Meeting February 4, 2014 Stephenville City Council Public Health and Safety 1. Pay Plan 2. Minimum Staffing 3. Facility 4. Emergency Notification System 5. Central Dispatch Public Works 1. Rates 2. Infrastructure 3. East Side Sewer 4. Automated Meter Reading 5. Water Production Personnel 1. Pay Plan 2. Implement Phases 3. Benefits 4. Staffing Levels 5. Minimum wage/Benefits/ACA Nominations 1. Filing Fee 2. Forms 3. Eliminate obsolete boards 4. Member attendance 5. Legislative Program Environmental Management 1. Capacity 2. Compactor 3. Shredder 4. Green Waste 5. Rock Base Scott Evans, Chairman of the Planning and Development Committee, noted that discussion took place concerning "privatization"; however, he did not feel that "privatization" ranked as one of the top five priorities. Instead, Evans said that "street improvements" should be a priority. X. CONSENTAGENDA Russ McDanel requested Item B. be removed to correctly reflectthe date of the City General Election. MOTION by Casey Hogan, second by Scott Evans, to approve Items A., B., D., E., and F. MOTION CARRIED. MOTION by Russ McDanel, second by Scott Evans, to approve the Order of Election to be held on May 10, 2014. MOTION CARRIED. A. Approve Minutes of January 7, 2014 Regular Council Meeting B. Approve Order of Election for May 10, 2014 C. Final Close out of 2012 Street Project D. Final Close out of Fire Station 2 E. Approve Bid Awards 1. Renovating the Police Department Offices 2. Street Department Dump Truck F. Approve Authorization to Sell City Property XI. Comments by City Administrator Mark Kaiser announced the upcoming meetings on February 18, March 4, and March 18. Kaiser also reported that Texas Department of Transportation is making plans for replacing damaged or faded street signs by the end of March. Regular Business Meeting February 4, 2014 Stephenville City Council XII. Comments by Council members Doug Svien thanked staff for its work that resulted in a good audit report. Mayor Weldon thanked staff and council for their efforts toward the installation of the traffic signal at 011ie and Washington Streets. XIII. EXECUTIVE SESSION. At 7:02 p.m., Mayor Weldon recessed the open portion of the meeting, and council went into executive session in compliance with the provisions of the Texas Open Meetings Law, Subchapter D, Government Code, Vernon's Texas Codes, Annotated, in accordance with Sec. 551.072 Deliberations about Real Property—Lot 15, Block 4, Frey Second Addition, Stephenville, Erath County, Texas Council reconvened in open session at 7:25 p.m. XIV. Action taken on matters discussed in executive session (if necessary) MOTION by Doug Svien, second by Russ McDanel, to accept the offer and sell Lot 15, Block 4, Frey Second Addition, City of Stephenville. MOTION CARRIED. XV. Adjourn Mayor Weldon declared the meeting adjourned at 7:27 p.m. ATTEST: yo Cindy L. S fford, ttCity Se try Regular Business Meeting February 4, 2014 Stephenville City Council Jer y K. Idon II, Mayor 9 ORDINANCE NO. 2014-02 AN ORDINANCE REZONING THE LAND DESCRIBED FROM THE ZONING CLASSIFICATION OF R-3 "MULTIPLE FAMILY RESIDENTIAL DISTRICT" TO B-2 "RETAIL AND COMMERCIAL BUSINESS DISTRICT". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: All that lot, tract or parcel of land being the southernmost 258 feet of Lot 51, Block 134, City Addition, City of Stephenville, Erath County, Texas. And it is hereby rezoned and the zoning classification changed from the classification of R-3 "Multiple Family Residential District" to B-2 "Retail and Commercial Business District", in accordance with the Zoning Ordinance of the City of Stephenville. PASSED AND APPROVED this the 4th day of February, 2014. v 1O Jerry K.a don, II, Mayor ATTEST: d— - Cindy L. St ford, 6ty S ary G Reviewed by Mark A. Kaiser City Administrator Randy Thomas, City Attorney Approved as to form and legality ORDINANCE NO. 2014-03 AN ORDINANCE AMENDING SECTION 6.7 DOWNTOWN DISTRICT (DT) AS SET OUT HEREIN. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: Section 6.7 Downtown District (DT) of the Zoning Ordinance of the City of Stephenville is hereby amended as follows: By adding the following permitted use to Section 6.7.B: 6.7.8 (15) Health club, weight and aerobic center; PASSED AND APPROVED this the 4`h day of February, 2014. Je y . eldon, II, Mayor ATTEST: Cindy L. Wafford, City retary Reviewed by Mark A. Kaiser City Administrator Randy Thomas, City Attorney Approved as to form and legality RESOLUTION NO. 2014-02 RESOLUTION APPROVING AND AUTHORIZING A LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT FOR A TRANSPORTATION ENHANCEMENT PROJECT ALONG THE BOSQUE RIVER, THE MASTER AGREEMENT GOVERNING LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENTS WITH THE STATE OF TEXAS, AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, the City of Stephenville and the Texas Department of Transportation entered into a Master Agreement Governing Local Transportation Project Advance Funding Agreement; and WHEREAS, the City of Stephenville desires to participate in the extension of the Bosque River Trail 7,000 linear feet from Tarleton Street to the Tarleton State University College Farm at College Farm Road and FM 8; and WHEREAS, the Texas Transportation Commission passed Minute Order Number 113642 dated July 25, 2013, awarding funding for projects in the 2012 Program Call of the Transportation Enhancement Program, including the Project; and WHEREAS, the Texas Department of Transportation requires the execution of a Local Transportation Project Advance Funding Agreement with the local government for the development of and funding for said project: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: Section 1: That the Master Agreement Governing Local Transportation Project Advance Funding Agreements with the State of Texas, acting through the Texas Department of Transportation is hereby approved; and Section 2: That the City Council of the City of Stephenville, Texas, authorizes its Mayor to enter into the attached Local Transportation Project Advance Funding Agreement for the Bosque River Trail Extension Project. PASSED AND APPROVED on this 4th day of February, 2014 by the City Council of Stephenville, Texas. Jerr K. W I on II, Mayor ATTEST: Cindy L. afford, eity Se ary Reviewed by Mark A. Kaiser, City Administrator Approved as to form and content by7- Randy Thomas, City Attorney ORDER OF GENERAL ELECTION FOR CITY OF STEPHENVILLE, TEXAS An election is hereby ordered to be held on May 10, 2014 for the purpose of electing one (1) mayor and one (1) council member to each of the following places—Place 2, Place 4, Place 6, and Place 8 and the unexpired term for one (1) council member to Place 7. Early voting by personal appearance will be conducted each weekday at: Office of the County Clerk Erath County Courthouse 100 West Washington Street Stephenville, Texas between the hours of 8:00 a.m. and 5:00 p.m. beginning on April 28, 2014 and ending on May 2, 2014, and between the hours of 7:00 a.m. and 7:00 p.m. beginning on May 5, 2014 and ending on May 6, 2014. Applications for ballot by mail shall be mailed to: Gwinda Jones, County Election Officer 100 West Washington Street Stephenville, TX 76401 Applications for ballots by mail must be received no later than the close of business on May 1, 2014. Location of Polling Place on Election Day: Office of the County Clerk Erath County Courthouse 100 West Washington Street Stephenville, Texas Issued this the 4th day of February, 2014. Jel K. +don II, Mayor