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HomeMy WebLinkAbout1990-07-03 - Regular City Council MINUTES OF REGULAR MEETING City of Stephenville - City Council TUESDAY, JULY 3, 1990 - 7:00 P.M. The City Council of the City of Stephenville, Texas, convened in regular session on July 3, 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 Bob Self Mayor Pro Tem: Helen Martin Sam Taylor II Scott Evans Ray Reynolds James L. McSwain Jim Bostic Lavinia Lohrmann Absent: None Others Attending: Don Davis City Administrator Joyce Pemberton City Secretary Joseph Chandler City Attorney Randy Thomas Assistant City Attorney Charlene Young Director of Finance I. Mayor George Swearingen called the meeting to order and declared a quorum ^ present. r 1 II. MATTERS BY COUNCILMEMBERS. 90-07-138: Request From Councilmember Lavinia Lohrmann for discussion regarding recycling. Mrs. Lohrmann asked that the City Council invite someone who could really explain the benefits of leaving grass clippings on the yard. Also, for the City Council to formulate a plan to educate the public on these bene- fits. Then, sometime in the near future, consider an ordinance banning these items from the landfill . The City Council discussed the "Don't Bag It" program and whether or not it was successful and if the voluntary program would be enough. After discussion, it was the consensus of the Council that Councilmember Ray Reynolds would ask Mr. Joe Pope to address the Council regarding the "Don't Bag It" program at the regular August meeting. III. COMMITTEE REPORTS. 90-07-139: NOMINATING COMMITTEE REPORT. This item was moved to the Executive Session. f 90-07-140: TRAFFIC STUDY COMMITTEE REPORT. Councilmember Sam Taylor, Chairman, reported the Traffic Study Committee had met on a request from Mr. Joe Welch regarding speed limits on certain areas. Since the meeting, it has been brought to his attention that there is a question as to whether or not Mr. Welch had received notice of the Committee' s meeting. Don Davis, City Administrator, advised that Mr. Welch had been mailed a letter, which obviously he had not received, notifying him of the Committee' s efforts. - 43 - Councilmember Sam Taylor made the motion, seconded by Councilmember Helen Martin, to table this matter and give Mr. Welch the opportunity to address the Committee at a later time. The motion carried UNANIMOUSLY. 90-07-141: FINANCE COMMITTEE REPORT. Councilmember Helen Martin, Chairwoman, reported that the investment return, year to date total , is within $100.00 of the same total as last year even though interest rates are currently lower. Mrs. Martin also referred to The Local Government Investment Fund, spon- sored by the North Central Texas Council of Governments, which offers local governments to join with other public entities to, hopefully, earn a higher yield under safe conditions. Mrs. Martin recommended the passage of a resolution allowing the city to participate in The Local Government Investment Fund. Councilmember Helen Martin made the motion, seconded by Councilmember Scott Evans, to pass and adopt Resolution No. 1990-11, as recommended by the Finance Committee. The motion carried UNANIMOUSLY. RESOLUTION NO. 1990-11 WHEREAS, the City of Stephenville is an agency or political subdivision of the State of Texas (the "Participant") and is empowered to delegate to a public funds investment pool the authority to invest funds and to act as custo- dian of investments purchased with local investment funds; and WHEREAS, it is in the best interest of the Participant and its inhabi- tants to invest local funds in investments that yield the highest possible rate of return while providing necessary safekeeping and protection of the principal ; f l and WHEREAS, the Local Government Investment Fund of Texas (the "Trust Company") , a public funds investment pool to effectuate the goals of providing investment at the highest possible yield and maintaining complete safety of the funds of the Participant. NOW, THEREFORE, BE IT RESOLVED as follows: That the City of Stephenville establish an account in its name with the Trust Company' s Public Funds Investment Pool for the purpose of transmitting local funds for investment by the Trust Company. PASSED AND APPROVED this the 3rd day of July, 1990. 90-07-142: LANDFILL COMMITTEE REPORT. Don Davis, City Administrator, reported that the Landfill Committee met in May to discuss the recommendations of the Freese & Nichols report. Subsequent to that meeting, he had been contacted by a private company who had expressed an interest in trying to work out an arrangement whereby they might either operate the landfill or look at possibly putting in a transfer station. He had asked the Committee to hold off until he had gathered more information from that company. It did not develop. At the May meeting, the staff presented the Committee with some very rough cost estimates concerning the cost of disposal at the landfill , based on the recommendations of Freese & Nichols to excavate the existing site to a deeper depth and implement an aerial field, both of which would require a permit amendment, their cost was approximately $6.60 per cubic yard. - 44 - Compared to an estimate by a private contractor to transfer the waste to Fort Worth of about $7.00 per cubic yard from a Granbury location or $8.00 from a Stephenville location, it was the Committee' s feeling that it would be in the best interest of the City and citizens to continue to operate the landfill . They also recommend that the City explore the possibility of additional land acquisition at that site. Also, some wells would have to be relocated and some equipment purchased. Would also need to solicit some more customers from either neighboring cities and/or pri- vate haulers who might be servicing those cities. The current costs to our residential customers is $2.60/month; converted to cubic yard costs, it would be $4.10/month for the disposal . The 1 cheapest of the alternatives will involve a 58% to 60% increase to the residential customers. After discussion, Councilmember Ray Reynolds made the motion, seconded by Councilmember Jim McSwain, to accept the Landfill Committee' s report and pursue the recommendations of the Freese & Nichols report. The motion carried UNANIMOUSLY. 90-07-143: PLANNING & DEVELOPMENT COMMITTEE REPORT: Don Davis, City Administrator, reported that Fibergrate, Inc. has expressed an interest in purchasing some property from the City for expan- sion of their operation. Said land being approximately 7 acres of airport property. It is the Committee' s recommendation to employ a surveyor to define some of the boundaries to determine exactly how much acreage there is. Then, submit that plat to the Federal Aviation Administration for their formal approval . If the FAA gives their approval , then we will need an appraiser to place a value to continue negotiations. It is the Committee's recommendation to proceed with this plan and Fibergrate has agreed to pay the expenses of those two contractors. After some discussion, Councilmember Helen Martin made the motion, seconded by Councilmember Sam Taylor, to authorize the staff to employ a surveyor and appraiser, at Fibergrate's expense, so that the City may w continue negotiations with Fibergrate's request to purchase the property. The motion carried UNANIMOUSLY. IV. CONSENT AGENDA: Item B-1 was removed from the Consent Agenda at the request of Mayor George Swearingen. Councilmember Bob Self made the motion, seconded by Councilmember Jim McSwain, to approve the Consent Agenda as presented, with the exception of Item B-1) . The motion carried UNANIMOUSLY by roll call vote. 90-07-144: APPROVAL OF MINUTES of May 23, 1990 and June 5, 1990. 90-07-145: BID CONSIDERATIONS: Bid #2503 - PVC Pipe for Water Lines. MOVED that the bid for PVC pipe for water lines be awarded to Bowles & Eden Company for the amount of $49,940.00. ORDINANCES & RESOLUTIONS: 90-07-146: Resolution - State Revolving Fund MOVED approval and passage of RESOLUTION REQUESTING TO BE INCLUDED ON THE TEXAS WATER DEVELOPMENT BOARD FISCAL YEAR 1991 INTENDED USE PLAN AND BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: /1 1. That the City will take necessary actions to fund the project(s) 1 designated as Wastewater Treatment Plant through a loan from the SRF from the Texas Water Development Board. 2. That the City is hereby informing the Board of its desire to receive financial assistance in the amount of $8,545,000.00 from the Board' s SRF. 3. That the City will file an engineering planning and environmental docu- mentation portions of an application for a loan from the SRF on or before March 15 of the funding year, and will proceed as exeditiously as possible to secure a loan commitment from the Board. - 45 - 4. That the City will strictly adhere to the project schedule negotiated with the Board and will meet all federal and state requirements. 5. That a certified copy of this Resolution shall be submitted to the Board to insure that the City will be included in the Fiscal Year 1991 Intended Use Plan. 90-07-147: Fair Housing Ordinance. MOVED passage and approval of AN ORDINANCE DECLARING THE POLICY OF THE CITY OF STEPHENVILLE FOR FAIR, ORDERLY AND LAWFUL PROCEDURES TO GIVE THE OPPORTUNITY OF EACH PERSON TO OBTAIN HOUSING WITHOUT REGARD TO RACE, 1 COLOR, CREED, RELIGION, SEX, NATIONAL ORIGIN, PHYSICAL OR MENTAL HANDICAP, MARITAL STATUS, PARENTHOOD, OR AGE AND RECOGNIZING THE INALIENABLE RIGHTS OF EACH INDIVIDUAL TO OBTAIN HOUSING AND DECLARING THAT THE DENIAL OF SUCH RIGHTS IS DETRIMENTAL TO THE HEALTH, SAFETY AND WELFARE OF THE INHABITANTS OF THE CITY OF STEPHENVILLE AND CONSTITUTES AN UNJUST DENIAL OR DEPRIVATION OF SUCH INALIENABLE RIGHTS WHICH IS WITHIN THE POWER AND THE PROPER RESPONSIBILITY OF GOVERNMENT TO PREVENT; MAKING DISCRIMINATION IN HOUSING FINANCING UNLAWFUL; MAKING DISCRIMINATION IN PROVIDING BROKERAGE SERVICES UNLAWFUL; PROVIDING FOR ENFORCEMENT AND FIXING THE PENALTY FOR VIOLATION. ITEM B-1 REMOVED FROM CONSENT AGENDA: 90-07-148: Bid #2502-Street Maintenance Materials. Don Davis, City Administrator, explained that two months ago there was a transfer of funds from the Landfill Fund to the General Fund in the amount of $43.433.56 to pay the Street Department for some work done at the land- fill . There have been some additional problems at the landfill in lining the north cell , which has required that we approach this lining in a dif- ferent, more expensive manner. The problems are being solved, but it is costing more than had been anticipated. It is the recommendation of staff to rescind the action taken on April 18, 1990, of transferring money to the Street Department from the Landfill Account. Mr. Davis explained that only one bid was received for chip sealing of some of streets. He said the unit prices on the bid had been checked to see if they were valid and they were and he recommended approval of the bid. Councilmember Helen Martin made the motion, seconded by Councilmember Ray Reynolds, that the City Council rescind the previous action of transferring $43,443.56 from the Landfill Fund to the Street Department Fund and that the money remain in the Landfill Fund. The motion carried UNANIMOUSLY. Councilmember Sam Taylor made the motion, seconded by Councilmember Helen Martin, to award the bid for street maintenance to L & W Paving Company of Granbury, Texas. (Distressed Pavement Patch, $1.50/sq.yd; Chip Seal Treat- ment, 37Q/sq.yd; Hot Mix, $35.00/ton). The motion carried UNANIMOUSLY. V. PUBLIC HEARINGS. 90-07-149: To consider request to rezone, from B-1"Neighborhood Business District" to B-41'Private Club District", Lot 14H, Block 14, River North Addition, known as 1815 Lingleville Road. Mayor George Swearingen opened the floor for a public hearing to consider the above request. Mayor Swearingen read a letter from Mr. Bill Oxford, representing Deci-Max, 1 Inc. , requesting the above zoning request be removed from the Council ' s agenda. Mayor Swearingen closed the public hearing. No action was taken. VI. CITY ADMINISTRATOR'S REPORT: 90-07-150: Consider Contract With Freese & Nichols, Inc. For Design Of Wastewater Treatment Plant. - 46 - Don Davis, City Administrator, explained this is a revised proposal from Freese & Nichols, Inc. to provide the engineering for the design of the wastewater treatment plant expansion. He said he and Danny Johnson had met with Freese & Nichols and they felt much more comfortable with the revised proposal and would recommend approval . Mayor George Swearingen questioned the need for Freese & Nichols to engineer the Non-Process Improvements (modify existing laboratory, add additional office facilities, and add additional storage/maintenance faci- lity). The cost of which would be approximately $5,000.00. He felt this was excessive. Councilmember Bob Self made the motion, seconded by Councilmember Helen Martin, to approve the Scope of Work submitted by Freese & Nichols, Inc. for the preliminary and final design of the wastewater treatment plant expansion, with the exception of The Non-Process Improvements (Item A-3) at this time until the City Council has an opportunity to talk with them. After a lengthy discussion regarding the $238,000.00 Freese & Nichols is charging for engineering fees for the design of the wastewater treatment plant, question was called on the above motion. The motion carried by the following vote: AYES: Councilmembers Bob Self, Helen Martin, Sam Taylor, Scott Evans, Ray Reynolds, Jim McSwain, Jim Bostic, and Lavinia Lohrmann. NOES: Mayor George Swearingen. 90-07-151: Consider Contract With First Southwest As Financial Advisors For the Capitol Improvements Projects. Don Davis, City Administrator, advised the Council that First Southwest Company has agreed to work with the Finance Committee and the City during the planning of this Capital Improvements Program at no cost. They would earn their fees at such time as the City sold bonds. ^ After discussion, Councilmember Scott Evans made the motion, seconded by ( 1 Councilmember Sam Taylor, to employ First Southwest Company as financial advisors for the Capital Improvements Projects. The motion carried UNANIMOUSLY. 90-07-152: Consider Request For Extension Of Loan For Stephenville Vine- yards From Texas Department of Commerce. Don Davis, City Administrator, reminded the Council that in 1988 the Council entered into an agreement with the Texas Department of Commerce to provide a low interest loan to Stephenville Vineyard & Supply, Inc. Said loan was to allow them to expand their operation. Stephenville Vineyard & Supply, Inc. has not met the requirements of the contract and is requesting the following changes in their contract: 1.The contract be extended by one year, to end in October 1991. This would allow the Vineyard an extra year to meet hiring requirements specified in the contract. 2 A deferral of the loan repayment schedules, to start July 15, 1990. After some discussion, Councilmember Sam Taylor made the motion, seconded by Councilmember Scott Evans, to extend the contract for one year for Stephenville Vineyards & Supply, Inc. with a deferral of the loan repayment schedules, to start July 15, 1990. The motion carried UNANIMOUSLY. 90-07-153: Report From The Texas Department Of Health. Don Davis, City Administrator, explained that several months ago the City was notified by the Texas Department of Health that the landfill was in violation of their regulations concerning the lining of a cell . Consequently, the City was subject to an $8,000.00 fine, if we failed to take remedial action. We have responded to their demands. In meeting with representatives of the Texas Department of Health, they advised they could not forgive the fine, but were reducing it to $800.00. - 47 - Councilmember Helen Martin made the motion, seconded by Councilmember Ray Reynolds, that the City of Stephenville accept and agree to pay the penalty of $800.00 and authorize the Mayor to sign the Agreed Penalty and Corrective Action Report. The motion carried UNANIMOUSLY. VII. CITY COUNCIL/CITIZEN GENERAL DISCUSSION: Councilmember Bob Self asked how we are doing as far as water consumption and how the water wells are performing with the high temperature we are now experiencing. Is there a conservation plan in place and when it might need to be implemented, if things continue as they have been? Don Davis, City Administrator, replied that we are pumping 4 million gpd and holding and maintaining our own at this point. Have had three wells down, but nothing serious. Danny Johnson, Director of Public Works, advised that 4,300,000 gallons has been the highest day of pumpage so far this summer. At this time, we are not having any problems keeping the tanks full to start the day with. Most of the wells are getting some rest during a 24 hr. period. Some of the stronger wells are running 24 hrs. per day. Had three wells down, but they are back in service at this time. Mr. Johnson advised that we do not have a water conservation program in place at this time. If the SRF Funding is approved, we will be mandated to have water conservation program in the future. If we get into an emergency situation, we might have to ask for curtailment through the news media, etc. , for a short period of time. Councilmember Lavinia Lohrmann announced that Bill Carter, Waste Management Coordinator for the State of Texas, will be in Stephenville at Noon, July 26, 1990, at K-Bob' s Restaurant, to discuss the possibility of setting up a plant to use waste paper here in Stephenville. Earth-Wise is inviting the Mayor and City Council and City Administrator to attend. Mayor George Swearingen said there was a letter from TML in each members 1 packet. He asked that each member contact him after July loth on this matter so that he could talk to each one individually. VIII. Mayor George Swearingen called the Council into EXECUTIVE SESSION, as pro- vided in the Open Meetings Act, Vernon's Texas Civil Statutes, Article 6252-17, Section 2(g) , for the purpose of discussing appointment of member to the Planning & Zoning Commission. Mayor George Swearingen reconvened the Council in open session and the following action was taken: 90-07-154: Councilmember Ray Reynolds made the motion, seconded by Councilmember Ji McSwain, that Item 3A be tabled and this item go back to the Nominations Committee and for the Nominations Committee to bring additional new recom- mendations to the Council , within the next 30 to 40 days. The motion carried by the following vote: AYES: Councilmembers Bob Self, Helen Martin, Sam Taylor, Scott Evans, Ray Reynolds, Jim McSwain, and Lavinia Lohrmann. NOES: Mayor George Swearingen and Councilman Jim Bostic. IX. ADJOURNMENT. ^ There being no other business to come before the Council , Mayor Swearingen adjourned the meeting at 10:00 p.m. 70yC T: Georg wearingen, Mayor Pemberton, City Secretary - 48 -