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HomeMy WebLinkAbout1990-03-06 - Regular City Council MINUTES OF REGULAR MEETING City of Stephenville - City Council TUESDAY, MARCH 6, 1990 - 7:00 P.M. The City Council of the City of Stephenville, Texas, convened in regular session on March 6, 1990 at 7:00 p.m. in the Council Chambers of 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: George Swearingen Helen Martin Vicki L. Truss Scott Evans James L. McSwain Jim Bostic Joel M. Hillin Absent: Bob Self and Ray Reynolds Others Attending: Don Davis City Administrator Joyce Pemberton City Secretary Joseph Chandler City Attorney Randy Thomas Assistant City Attorney I : Mayor George Swearingen called the meeting to order and declared a quorum present. II : COMMUNICATIONS AND PERSONAL APPEARANCES BY CITIZENS. A. 90-03-050 Mayor Swearingen and City Administrator Don Davis presented Service Awards to the following employees: 5 Years• W. Odell Sharp (Park) J. Lance Trinque (Fire) Charles R. Smith (Fire) Gary L. Hunt (Water) James L. Medders (Water) Michael S. Brown (Fire Jerry D. Hallmark (Police James A. Kennerly (Police 10 Years• Gary A. Nabors (Fire) Jerry A. Graham (Police) 20 Years: I. Sue Webb (Police) Dennis E. Wallace(Fire) James D. Chapman (Water) B. 90-03-051: Councilmember Joel Hillin made the motion, seconded by Councilmember Helen Martin, to table the request from Stephenville Bank & Trust Co. to extend the payment date for another 120 days for the reimbursement, to the City, for the acquisition of an easement for Kenneth Currier to serve Mr. Currier' s North Wedgewood Subdivision and to assign this to the Planning & Development Committee. The motion carried UNANIMOUSLY. - 14 - C. 90-03-052: Councilmember Helen Martin made the motion, seconded by Councilmember Jim Bostic, to approve the request from TU Electric Co. for an easement authorizing TU Electric Co. to install a pole and guy, and extend over- head facilities from city owned property on Mistletoe Drive (Mistletoe Hut, Inc.) to the east property line of the Stephenville Soccer Association, at no cost to the City. The motion carried UNANIMOUSLY. III : CONSENT AGENDA: A. 90-03-053: Councilmember Jim McSwain made the motion, seconded by Councilmember Helen Martin, to approve the minutes of City Council meetings held on January 24th, February 6th, and February 21st, 1990, as written. The motion carried UNANIMOUSLY. B. 90-03-054: Councilmember Jim McSwain made the motion, seconded by Councilmember Helen Martin, to approve the Site Development Plan for Lot 16A, Block 74, City Addition, as recommended by the Planning & Zoning Commission. The motion carried UNANIMOUSLY. C. 90-03-055: Councilmember Jim McSwain made the motion, seconded by Councilmember Helen Martin, to approve the bid specifications for a Payout Plan for three pieces of equipment (booster truck, a #615 scraper and a landfill compactor) , as submitted by--t" Director of Finance. Tree motion carried UNANIMOUSLY. D. 90-03-056: Councilmember Jim McSwain made the motion, seconded by Councilmember Helen Martin, to adopt a RESOLUTION APPROVING THE ISSUANCE OF ( 1 STEPHENVILLE INDUSTRIAL DEVELOPMENT CORPORATION INDUSTRIAL DEVELOPMENT REVENUE BONDS (UNIVERSAL BLANCHERS, INC. (TEXAS) PROJECT) SERIES 1990 AND THE FACILITIES TO BE FINANCED THEREBY AND RESOLVING RELATED MATTERS. The motion carried UNANIMOUSLY. Resolution No. 1990-01. 90-03-057: Councilmember Jim McSwain made the motion, seconded by Councilmember Helen Martin, to adopt a Resolution approving that the City of Stephenville establish an account in its name with the Trust Company' s Public Funds Investment Pool "TexPool " for the purpose of transmitting local funds for investment by the Trust Company in TexPool . The motion carried UNANIMOUSLY. Resolution No. 1990-02. 90-03-058: Councilmember Jim McSwain made the motion, seconded by Councilmember Helen Martin, to adopt a Resolution that the City Council of the City of Stephenville feels the criteria used in determining the trunk system proposed by the State Department of Highways and Public Transportation should be amended to include a provision that the unallocated miles be used only in areas not presently served by the proposed system, and priority should be given to those areas based on population served and further BE IT RESOLVED that priority be given to highways which link towns supporting institutions of higher education, such as Tarleton f State University. The motion carried UNANIMOUSLY. Resolution No. 1990-03. IV: COMMITTEE REPORTS. A. 90-03-059: Councilmember Helen Martin, Chairperson, presented the following pro- posed revisions to the City Council Rules & Procedures. Mrs. Martin reminded the Council that no vote could be taken at this meeting on said proposals. - 15 - Mrs. Martin said the Committee recommends that the Consent Agenda remain as it is now with the Board & Commissions Reports, Bid Consider- ations, and Ordinances & Resolutions under the Consent Agenda. Mrs. Martin advised the Council that on Item 8 of the proposed agenda "City Council/Citizen General Discussion" Mr. Chandler has advised that a subject may be brought to the attention of the Council and be put on a subsequent agenda, but cannot be discussed. 1. City Stationary will be used for official business only and will be kept at City Hall . All Mayor and City Council correspondence will be handled through the City Secretary' s office and kept on file in her office. 2. Two voting methods will be used by the City Council - voice votes and roll call votes. Voice votes are votes cast by the Council in unison, either aye or nay, when requested by the Mayor. Roll call votes are votes which are cast individually. Voice votes will be used on all issues, except the Consent Agenda, or when the Mayor or a Councilperson requests a roll call vote. When roll call votes are used, the Mayor will be the last Council- member to vote. 3. Exceptions to the majority vote rule shall apply where ordinance requires otherwise, such as in the Zoning Ordinance, where a "super majority" of the City Council is required to reverse a zoning recom- mendation. Specifically, if a proposed amendment supplement or change has not been aproved by the Planning & Zoning Commission, the amendment, supplement, or change does not become effective unless there is at least three-fourths (3/4) affirmative vote of all members of the City Council overruling the Planning & Zoning Commission recommendations. 4. Sections 2.7 and 2.8 changed to read as follows respectively: The City Attorney and City Secretary or his/her official designee, 1 shall attend all meetings of the City Council ... . . ... 5. The City Council shall be compensated at the rate of $200.00 per month. The Mayor shall be compensated at the rate of $400.00 per month. 6. The proposed agenda format will be as follows: I. Call to Order II. Requests and Presentations A. Personal Appearance by Citizens B. Council Committee Reports C. Boards & Commissions Reports III. Consent Agenda IV. Ordinances & Resolutions V. Public Hearings VI. Bid Considerations VII. City Administrator's Report VIII. City Council/Citizen General Discussion IX. Executive Session X. Adjournment 7. It was determined by the Committee that the existing provisions regarding committee reports would be left as is. 8. The City Council will meet the first Tuesday of each month at 7:00 p.m. Additionally, the City Council shall establish a second meeting date as a standing date, if a second meeting is required. The Committee decided that the handling of City mail should not be included in the City Council Rules & Procedures. However, the Committee wanted to make the statement to the City Council that all mail to the City Council , received at City Hall , will be opened and distributed by the City Secretary unless other arrangements are made. In which case, it will be the responsibility of that individual to pick up his/her mail and, if it pertains to city business, handle it in a timely manner. - 16 - No action was taken on the above proposed amendments to the City Council Rules & Procedures. B. 03-06-060: Councilmember Vicki Truss, Chairperson, reported the Traffic Study Committee had met with the State Highway Department concerning the Harbin Drive extension and the signalization at the intersection of Highway 988/Harbin Drive and Highway 8 (Lingleville Hwy) . The signali- zation at this intersection is proposed to be completed by September 1, 1990. The Highway Department will have a public hearing on March 15, 1990, for the Harbin Drive extension. Mrs. Truss said the Committee also discussed the "no parking" on West Washington request from Mr. Tolley. It was determined the parking problem was due to a public telephone being on the parking lot of a convenience store adjacent to Mr. Tolley' s property. It was the con- sensus of the Committee to contact United Telephone System to see if the public telephone could be moved. Also, the Committee discussed the handicapped parking in Stephenville. It was the consensus of the Committee to look at this during the budget workshops, as most of the parking lots were not up to standards and it might call for expenditures not provided in the present budget. No action was taken on the above reports. C. 90-03-061: Councilmember Vicki Truss, Secretary of the 9-1-1 Task Force, reported the Task Force has met on several occasions. They have discussed pro- viding the citizens of Erath County this emergency service. They are currently working with United Telephone, Central Appraisal District, Postal Service, and Utility Companies to compile an address system throughout the county to make a data base. Once this data base is concluded, they will proceed with implementation of the service. The 9-1-1 service will be funded by a surcharge, which has already been added to the monthly telephone bills. There are four locations of the system, with the primary location to be at Erath County Sheriff' s Dept. The secondary locations will be at the Stephenville Police Dept. , the Dublin Police Dept. , and Tarleton State University. No action was taken on the above report. VII : DEPARTMENTAL REPORTS. 90-03-062: Councilmember Vicki Truss made the motion, seconded by Councilmember Joel Hillin, to designate the City Secretary as the Records Management Officer. The motion carried UNANIMOUSLY. 90-03-063: Councilmember Helen Martin made the motion, seconded by Councilmember Jim McSwain, that the City Council appoint Freese & Nichols, Inc. as the engi- neers to design the interim dechlorination facility at the sewer treatment plant at a cost not to exceed $5,000.00 - to be installed by November, 1990. The motion carried by the following vote: AYES: Councilmembers Helen Martin, Vicki Truss, Scott Evans, Jim McSwain, Joel Hillin, and Mayor George Swearingen. NOES: Councilmember Jim Bostic. ABSTAIN: None VIII: PUBLIC HEARING: 90-03-064: After some discussion, Mayor George Swearingen opened the floor for a public hearing to consider an amendment to the City of Stephenville Zoning - 17 - Ordinance, Section XXIII , Board of Adjustment-Appeals, establishing the criteria for review of Special Use Permit applications. There being no one present wishing to address this issue, Mayor George Swearingen closed the public hearing. Councilmember Joel Hillin made the motion, seconded by Councilmember Jim Bostic, to pass and approve AN ORDINANCE AMENDING SECTION XXIII OF THE ZONING ORDINANCE OF THE CITY OF STEPHENVILLE; PROVIDING CONDITIONS FOR THE ISSUANCE OF SPECIAL USE PERMITS FOR CONDITIONAL USES AS LISTED IN EACH ZONING DISTRICT. The motion carried UNANIMOUSLY. Ordinance No. 1990-04. IX. EXECUTIVE SESSION: Mayor George Swearingen recessed the open portion of this meeting and called the Council into an executive session as provided in the Open Meetings Act, Vernon' s Texas Civil Statutes, Article 6252-17, Section 2(g) , for the purpose of discussing pending litigation relating to the Paluxy Reservoir Project and the hiring of an attorney to represent the City in the pending litigation relating to the Paluxy Reservoir Project. Mayor George Swearingen reconvened the Council into open session and the following action was taken relating to the matter discussed in executive session: 90-03-065: Councilmember Jim McSwain made the motion, seconded by Councilmember Joel Hillin, that the City Council employ Mr. Jim Ewbank of the law firm of Davis, Welch, Ewbank, Otto & Wilkerson, P.C. of Austin, Texas, to repre- sent the City of Stephenville' s interests in the Paluxy Appeal-jury trial of the alleged ex parte communication aspect of the Texas Parks and Wildlife, et al vs. Texas Water Commission, et al . vs. Roming; Cause No. 432,066. The motion carried UNANIMOUSLY. VIII : ADJOURNMENT. There being no other business to come before the Council , Mayor George Swearingen adjourned the meeting at 8:20 P.M. ATT T. Georg wearingen, Mayor J ce emberton, City Secretary 18 -