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HomeMy WebLinkAbout1990-05-23 - Regular City Council MINUTES OF REGULAR MEETING City of Stephenville - City Council WEDNESDAY, MAY 23, 1990 - 5:30 P.M. The City Council of the City of Stephenville, Texas, convened in regular session on May 23, 1990 at 5:30 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 -17, Section 3A, V.T.C.S. , with the following members prescribed by Article 6252 present, to wit: Mayor: George Swearingen Mayor Pro Tem: Bob Self Helen Martin Scott Evans Ray Reynolds James L. McSwain Jim Bostic Absent: 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. OATH OF OFFICE TO NEWLY ELECTED COUNCILMEMBERS. 90-05-116• Joyce Pemberton, City Secretary, administered the Oath of Office to the newly elected Councilmembers, Helen Martin, Sam Taylor II , Jim Bostic, Lavinia Lohrmann, and Mayor George Swearingen. After signing their Oaths of Office and receiving their Certificates of Election, said Councilmembers took their seats on the Council . III. COMMUNICATIONS AND PERSONAL APPEARANCES BY CITIZENS. 90-05-117: FIRE WORKS DISPLAY. Councilmember Ray Reynolds made the motion, seconded by Councilmember Scott Evans, to approve the request for a Fireworks Display Permit by Mr. John Terrill , representing the Stephenville Optimist Club. The motion carried UNANIMOUSLY. IV. MATTERS BY COUNCILMEMBERS. 90-05-118: REPORT ON THE BOSQUE RIVER PROJECT. Mayor George Swearingen, reporting on the Bosque River Project, said he had been contacted by the National Guard to do some community work. He asked if they would be interested in doing some work on the Bosque River. It was agreed they would work eight men one full week-end, with equipment in the City Park. They were supposed to have performed this work the 1 first week-end in May, which was the 5th. It was very wet at that time. At this time, the work has been rescheduled for August. 90-05-119: COMMITTEE NOMINATIONS. Mayor George Swearingen submitted his nominations for the City Council standing committees and explained his reasons behind the appointments. Councilmember Bob Self asked to be added to the Nominations Committee and removed from the Public Health & Safety Committee. Councilmember Scott Evans said he would serve on the Public Health & Safety Committee. Mr. Evans said he would serve on four Committees. - 34 - It was the consensus of the Council to eliminate the Arts & Leisure, the Franchise Utility, and Damage Claims Committees. The Mayor and Mayor Pro Tem will review the claims for damages and, with legal counsel , will determine the City's liability in said claims. After discussion, Councilmember Helen Martin made the motion, seconded by Councilmember Jim McSwain, to approve the committee appointments as listed below. The motion carried UNANIMOUSLY. Public Health & Safety Water Planning �1 *Jim Bostic *George Swearingen l George Swearingen Scott Evans Scott Evans Jim McSwain Bob Self Traffic Study Personnel *Sam Taylor *Ray Reynolds Jim Bostic Scott Evans Lavinia Lohrmann Lavinia Lohrmann Jim McSwain Planning & Development Nominations *Bob Self Lavinia Lohrmann Helen Martin Jim Bostic Ray Reynolds George Swearingen Sam Taylor Bob Self Finance Tourism *Helen Martin *Jim McSwain Scott Evans Helen Martin Ray Reynolds Sam Taylor Helen Martin to be the North Central Texas Council of Government voting r , representative. V. COMMITTEE REPORTS. A. PLANNING & DEVELOPMENT COMMITTEE: 90-05-120: Request by Stephenville Bank & Trust Company to Extend Contract Payment Date for Kenneth Currier, Developer of the North Wedge- wood Subdivision. Don Davis, City Administrator, reminded the Council that this item was referred back to the Planning & Development Committee at the last meeting. The Committee met with Mr. Ken Luker and Mr. Kenneth Currier. As a result of that meeting drafted the contract (included in agenda packet) . Copies of the contract were provided to Mr. Luker and Mr. Currier. They requested that Mr. Currier' s name be included in the contract and the provision "that the bank will require an unconditional release from the City stating no further action will be taken against Mr. Currier and Stephenville Bank & Trust Co. concerning the matter of easement expenses in North Wedgewood Addition. " Mr. Davis said it was his understanding that the City' s attor- neys were not in agreement with the amendment to the contract. Mr. Currier, in answer to Mr. Self' s question, advised that the off-site improvements were not even in an ordinance when the subdivision was accepted by the Council . He said the subdivision has been in for three years and there has been no damage to the Ray Property, so far as he can determine. Said he did not see any need to "rush in there and do any im- provements. In the first place, don' t have the money to do them with, but he did not see going in there and tearing up that pasture when he doesn' t feel its necessary. " Mayor Swearingen asked Mr. Currier if there was any agreement that there would be a certain drainage built across the property. Mr. Currier answered that there were some engineering plans prepared for it, but, like he had said, there was not even an off-site ordinance in place when that subdivision final plat was accepted. There was nothing in any Subdivision - 35 - Ordinance stating that he had to do any sort of off-site drainage. He said he was not saying he wouldn't do it, but he is saying he can' t do it now and he is not sure that it is even necessary to do it. Councilmember Bob Self said that from the outset the Planning & Zoning Commission recommended that this off-site drainage be taken care of. The Committee incorporated that into the requirements of the development of the Subdivision and at each and every step along the way in gaining the easement all the way through the acceptance of the Subdivision, it was stated for the record, that the off-site drainage improvements had to be made. We have heard more than oneexcuse as to why they haven't been done, possibly, why they shouldn't be done. Regardless, they were in the deve- lopment plan as approved and they have not been done. Councilmember Bob Self made the motion, seconded by Councilmember Ray Reynolds, to approve this contract, as drawn by City Attorney Joseph Chandler, to be tendered to the Stephenville Bank & Trust Company and Kenneth Currier to be accepted or not. Mr. Self said, for the record, this contract (pages 9 and 10 in our agenda packet) does not include that provision that was in their letter. Mr. Self amended his motion to include the resolution authorizing the Mayor to sign the contract. Councilmember Ray Reynolds seconded the amendment. The motion carried by the following vote: AYES: Councilmembers Bob Self, Helen Martin, Sam Taylor, Scott Evans, Ray Reynolds, Jim McSwain, Jim Bostic, and Mayor George Swearingen. NOES: None ABSTAIN: Councilmember Lavinia Lohrmann. 90-05-121: Pro-Rats Charges For Heritage Hills Subdivsion, Phase III. Don Davis, City Administrator, reminded the Council that they had approved a contract for pro-rata charges on Heritage Hills Subdivision at the last Council meeting, when that was submitted to the owners of that subdivision 1 they changed their mind and wanted a little different version. The Committee felt that, conceptually, they had not changed the action of the Council . However, there are some different numbers and the Committee is bringing back a revision to the revision of the original agreement to cut back the lineal footage of the pro-rata charge, from 1,281 feet to 765 feet. The Committee discussed this and felt that since the concept had not changed, but the numbers had that they were not bothered by recommending this back to the Council for action. When this contract was submitted to the owners of the subdivision, they came back with some more recommended changes to it, which the lien on the property from a first and prior lien to a subordinate junior lien; also asked that the time ceiling be omitted, that there not be a time limit on the payment of this balance to be carried forward; and also asked that there be a provision added giving them the irrevocable right to sewer service throughout the property they own in this area. It is the staff's recommendation that this contract be accepted as was considered two meetings ago by the Council and amended as is in your agenda packet. Councilmember Helen Martin commented that the Committee was prepared to go with this contract. The contract was made up from all the information the staff gave the Committee as to what Mr. Synatzske had requested. She felt this is a suitable contract. r 1 Councilmember Helen Martin made the motion, seconeded by Councilmember Ray Reynolds, to accept the contract as submitted by the Committee and the resolution authorizing the Mayor to sign said contract. Mr. James Synatzske addressed the Council stating that it was their under- standing that there would not be a time limit. That the balance would start accruing interest after the first year. The first year would be interest free and then the interest would be applied to the balance, but they did not stipulate any time frame on the repayment. They assumed it would be as lots were sold and they would be accruing interest on that balance, with no time limitation on the balance owed. Mr. Synatzske said - 36 - they were also asking that there be a clause in the contract that would grant them an irrevocable right to provide sewer services to any future development in that area. Mayor George Swearingen assigned the request to extend the right to sewer service to any future development in that area to the Planning & Development Committee for recommendations. Councilmember Helen Martin withdrew her motion. Councilmember Ray Reynolds withdrew his second. After more discussion, it was the consensus of the Council to place this item back into the Planning & Development Committee for further study. B. DAMAGE CLAIMS COMMITTEE: 90-05-122: James Parker - Vehicle Damage Received at Cage St. and Alexander Road. Councilmember Scott Evans reported that the claim from James Parker, which stated that his vehicle ran off into a manhole on Alexander Highway between Long St. and South Loop. This happened on a night when there had been a lot of rain. The sewer backed up and the manhole cover came off. This was a site that had never been a problem before. The Committee did not feel there was any negligence on the City' s part, therefore, they did not know to put a barrier around it. It is the Committee's recommendation to deny this claim. Councilmember Scott Evans made the motion, seconded by Councilmember Jim McSwain, to deny this claim filed by Mr. James Parker. The motion carried by the following vote: AYES: Councilmembers Bob Self, Helen Martin, Sam Taylor, Scott Evans, Ray Reynolds, Jim McSwain, Jim Bostic, and Mayor George Swearingen. NOES: Councilmember Lavinia Lohrmann. VI. CONSENT AGENDA: Councilmember Helen Martin made the motion, seconded by Councilmember Jim McSwain, to approve the Consent Agenda as presented. The motion carried UNANIMOUSLY by a roll call vote. A. REPORTS FROM BOARDS & COMMISSIONS: Planning & Zoning Commission. 90-05-123: Approval of Preliminary Plat of Heritage Hills Subdivision, being 24.31 acres of the J. B. Dupuy Survey, Abst. 196, Erath County, Texas. 90-05-124: Approval of Final Plat of Heritage Hills Subdivision, Phase III , being 5.72 acres of the J. B. Dupuy Survey, Abst. 196, Erath County, Texas. 90-05-125: Approval of Final Plat of a Replat of Lot 30, Block 140 and 145, City Addition, Erath County, Texas. B. BID CONSIDERATIONS: 90-05-126: Approval of bid specifications for water pipe. 90-05-127: Approval of bid specifications for chip sealing of city streets. VII. CITY ADMINISTRATOR'S REPORT: 90-05-128: Discussion of Capitol Improvements Program. Don Davis, City Administrator, advised that this item was on the agenda at the request of the Council to discuss the process by which we recruit volunteers to work in the Capitol Improvements Program. Also the structure of the Committees. Mr. Davis said the Council discussed, in a work session in March, engaging in a Capitol Improvements Program. They wanted to get a broad base par- ticipation in this program. Establishing four committees; 1) cover Water and wastewater, 2) cover streets and storm sewer, 3) cover parks & - 37 - recreation, and 4) consider public buildings. Trying to recruit volunteers who might have a preference of committee and also to get equal represen- tation from across the community geographically. To charge these commit- tees to determine what the town needs within the confines of the committee structure. Then come back to the City Council with recommendations of what they feel are the needs and the priorities of those needs within the various four committee areas. No action was taken. ^ VIII. CITY COUNCIL/CITIZENS GENERAL DISUCSSION: r 1 Councilmember Lavinia Lohrmann announced that there is a new civic organi- zation in town that is named Earth Wise. It is dedicated to helping the environment, recycling, etc. On Wednesday, May 30th, a person named Jeannie Collins is going to be here to address commercial recycling. It will be in the FMC Conference Room. John Moore is furnishing lunch. The group will have a business meeting Monday, June 4th, at 7:00 p.m. at FMC Conference Room. Don Davis, City Administrator, expressed his appreciation to the city staff and the community as a whole who worked real hard this week to get the town looking good for the NAIA Track Meet. Don Davis, City Administrator, reminded the Council of the Texas Municipal League meeting in Lubbock on June 29th-July 1st. Anyone wishing to attend to let him know. IX. ADJOURNMENT. There being no other business to come before the Council , Mayor George Swearingen adjourned the meeting at 6:35 p.m. ^ ATT T: eorg weari en, Mayor I 1 ` yce femberton, City Secretary - 38 -