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HomeMy WebLinkAbout1990-09-04 - Regular City Council MINUTES OF REGULAR MEETING City of Stephenville - City Council TUESDAY, SEPTEMBER 4, 1990 - 7:00 P.M. The City Council of the City of Stephenville, Texas, convened in regular session on September 4, 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 I : Mayor George Swearingen called the meeting to order and declared a quorum present. The following list of City Employees received Service Awards: 5 Years Department George Hamilton Fire Jerry Powers Fire Paul Schneider Water 10 Years Betty Chew Public Works Earl Gring Wastewater Steve Madison Parks & Recreation Billy Joe Metsgar Parks & Recreation Ken Maltby Police Travis Calder Police Carroll Martin Police 15 Years Jake Dunbar Water 25 Years Joyce Pemberton Administration II : COMMUNICATIONS AND PERSONAL APPEARANCES BY CITIZENS. A. Delinquent Tax Report - Ralph Roberts and Jeffrey Brown, Account Representatives of Calame, Linebarger & Graham, presented a status report on the collection of delinquent taxes. Mr. Roberts explained that during the last 13 months their office has mailed out 20,199 notices of delinquent taxes; have filed 91 lawsuits - 61 - against 126 parcels of property seeking the collection of $64,030.04. Of that $64,030.04 filed in the suits, $52,892.07 is attributable to 89 tracts of real property, while $11,137.97 was the amount owing on 37 parcels of personal property. During the same period of time they have intervened or filed claims for the City' s taxes with 5 suits that were filed by other jurisdictions or other attorneys, that representing an amount of $8,505.67 or on 9 parcels of property. The judgments in 26 lawsuits involving more than $13,682.00 includes foreclosures on 19 tracts of land and 16 personal judgments. Also during this period of time, they have prosecuted 3 tax sales involving 3 tracts of real pro- perty. The total collections have been $205,155.00. No action was taken. B. Presentation of the Erath County Central Appraisal District' s Proposed Annual Budget - Don Peacock, City Representative. Mr. Peacock presented the annual budget and Jerry Lee, Chief Appraiser gave a brief presentation on the appointment of the Board of Directors. After discussion, Councilmember Helen Martin made the motion, seconded by Councilmember Ray Reynolds, to approve the annual budget of $444,720 as presented by Mr. Peacock. The motion carried UNANIMOUSLY. C. Presentation of the Senior Citizens, Inc. Annual Budget by Roberta Conlee. Ms. Roberta Conlee, Director of Stephenville Senior Citizens, Inc. , presented a total budget of $46,220.00 for the Stephenville Senior Citizens, Inc. Ms. Conlee also asked that the City Council allow the Senior Citizens Center to use their kitchen for meals-on-wheels now serviced by the ECCOA should the ECCOA request it. Don Davis, City Administrator, explained that the City Council , during budget deliberations, committed an additional $10,000.00 to be used by ,r1 the Senior Citizens, if and when, the reorganization/merger was reached � 1 between the ECCOA and Stephenville Senior Citizens Center, Inc. It is his recommendation that the $16,000.00 be approved tonight, as a part of their budget and the additional $10,000.00 be held and, subsequently, considered by the Council , if and when, those conditions are met by the two agencies. Councilmember Ray Reynolds commented that the Council is being asked to approve a budget with a $10,000.00 shortfall and, if the merger does not take place, where is the other $10,000.00 coming from? What expenses will have to be cut to make the budget balance? Mr. Davis explained that the allocations are given to the Senior Citizens on a quarterly basis. This would need to be reviewed after the first quarter and, if no action is taken, the City will work with the staff of the Senior Citizens Center and at that point consider a "Plan B" to make up shortfall . Mayor George Swearingen commented that $10,000.00 extra ($26,000.00 total ) was approved in the City' s budget to pay this, if they merge. City Attorney Randy Thomas advised that, as the $10,000.00 was approved in the City' s budget, a separate motion was not needed. This could be handled by the Administrator when the stipulations had been met. r" Councilmember Lavinia Lohrmann made the motion, seconded by Council- member Jim Bostic, that the City Council allow the Stephenville Senior Citizens Center, Inc. to use the kitchen for preparation of free meals. The motion carried UNANIMOUSLY. Councilmember Bob Self made the motion, seconded by Councilmember Ray Reynolds, to approve the Stephenville Senior Citizens, Inc. budget as presented. The motion carried by the following vote: AYES: Councilmembers Bob Self, Helen Martin, Sam Taylor, Ray Reynolds, Jim McSwain, Jim Bostic and Lavinia Lohrmann. - 62 - NOES: Councilmember Scott Evans. III : MATTERS BY COUNCILMEMBERS. A. Budget Amendments: After some discussion, Councilmember Bob Self made the motion, seconded by Councilmember Helen Martin, that the following budget amendments be approved. The motion carried UNANIMOUSLY. ^ TRANSFER TO FROM f 1 Police Liability Insurance $15,000 Municipal Court Fines $15,000 Recreation Contractual Services $29,000 Park Maintenance 23,000 Recreation Program Activities $29,000 Finance Outside Professionals 4,000 Committee on Aging Contract 5,000 Other Non-Departmental 14,000 B. Approval of Paluxy Project Expenses. Councilmember Ray Reynolds made the motion, seconded by Councilmember Jim McSwain, to approve $127,242.71 for legal services associated with the Paluxy Project by Davis, Welch, Ewbank, Otto & Wilkerson and Booth & Newsom law firms. The motion carried by the following vote: AYES: Councilmembers Bob Self, Helen Martin, Sam Taylor, Ray Reynolds, and Jim McSwain. NOES: Councilmembers Jim Bostic and Lavinia Lohrmann and Mayor George Swearingen. ^ C. Consider Letter of Support to ERADA and Appointment of a City Repre- sentative to the ERADA Board of Directors. Mrs. Barbara Schmidt, Secretary/Treasurer of ERADA presented an over- view of what this program will be. Mrs. Schmidt explained this is a federal grant they are applying for. It is a proposal she is writing to create a county-wide, centralized planning facility, with offices and staffing. It is a non-match grant for a 5-year period for approximately $100,000 per year. They are asking the City to join in Partnership Coalitions to provide planning and promotion throughout the county. They need a "Letter of Support" from the City, if they would like to be a partner in this program. If the grant is approved, they will create a Coalition Advisory Committee to oversee the grant management. That is the Board the City would be appointing a representative to rather than the Board of Directors. In answer to a question from Mayor Swearingen, Mrs. Schmidt said that should the grant be approved and in five years the entities that have signed letters of support would not be required by law to fund the program. Although, if it is proving beneficial , they might want to con- tinue with the program and provide funds for so doing. City Attorney Chandler advised that he did not think the City could ever, legally, expend money on such a project, but it does not prohibit the Council from participating at this level . Councilmember Sam Taylor made the motion, seconded by Councilmember Lavinia Lohrmann, to authorize the Mayor or City Administrator to sign a letter on behalf of the City Council in support of this program and the grant application. The motion carried UNANIMOUSLY. D. Discussion of Water Conservation Efforts - Bob Self. Councilmember Bob Self asked for open discussion regarding efforts toward water conservation. He presented some ideas for thought, i .e. , low flow toilets in new construction. Mr. Self also pointed out that the draft plan for the water plan for the State of Texas for the next - 63 - 50 years included the low flow toilets. The Texas Water Development Board is going to be urging the Legislature, by September 1992, to man- date that all toilets sold in the State of Texas be of the low flow type. Mr. Self also brought up the possibility of some budgeted pro- gram whereby the City could participate in the cost of conversion of existing toilets to low flow where the owners were willing to make the change in order to accelerate the process. Sufficient study has not been done at this time to determine any type of cost figures. Don Davis, City Administrator, pointed out that, if the City does pursue the low interest loan from the Texas Water Development Board, part of the requirement they have in that program is for the City to develop a water conservation plan. This would get us ahead of that. After more discussion, Councilmember Ray Reynolds made the motion, seconded by Councilmember Sam Taylor, that the proposal for the requirement of low-flow toilets be referred to the Plumbing Board for new construction. The motion carried UNANIMOUSLY. Councilmember Sam Taylor made the motion, seconded by Councilmember Helen Martin, to refer the water conservation plan to the Water Planning Committee. The motion carried UNANIMOUSLY. IV. COMMITTEE REPORTS: A. Landfill Committee Report: Councilmember Bob Self reported that the Committee met with KMN Garbage Service representatives on their request for a contract extension. They were provided with a list of "concerns" that the Committee would like for them to address before the next meeting and provide to the Committee in writing. They are in the process of complying with this request. In a previous meeting, they voluntarily brought the Committee the financial information. The Committee has reviewed ordinances from other cities. No Action Taken. B. Nominations Committee Report: Councilmember Lavinia Lohrmann reported that the Nominations Committee is submitting for Council consideration Lyle Lacy as the nominee for opening on the Planning & Zoning Commission. Councilmember Helen Martin made the motion, seconded by Councilmember Sam Taylor, that the Council accept the Committee' s nomination and that Lyle Lacy be appointed to the Planning & Zoning Commission. The motion carried UNANIMOUSLY. C. Appointment of Standing Committees: Mayor Swearingen reminded the Council that in a previous meeting, the Council had combined the Traffic Committee with the Planning & Develop- ment Committee and the Tourism Committee with the Finance Committee. He said he recommended that the chairmen of the Traffic Committee and Tourism Committee be added to the Planning & Development Committee and Finance Committee respectively. Councilmember Helen Martin made the motion, seconded by Councilmember Sam Taylor, to approve the Mayor's recommendation as made. The motion carried UNANIMOUSLY. V. CONSENT AGENDA: (Item D(3)-Ordinance calling bond election was removed) A. Councilmember Helen Martin made the motion, seconded by Councilmember Ray Reynolds, to approve the minutes of the City Council meetings held on July 26th and August 7th, 20th, and 22nd, 1990, as written. The motion carried UNANIMOUSLY by roll call vote. B. Councilmember Helen Martin made the motion, seconded by Councilmember Ray Reynolds, that Tuesday, October 2, 1990 at 7:00 p.m. in Council Chambers, 354 N. Belknap St. , as the date, time, and place for a public hearing to consider the request for a change of zoning, from "I" - 64 - Industrial District to "R-3" Multiple Family Residential District, on Lots la, 1B, 1C, 2A, 2B, 2C, 3B, 3C and 3D, Block 8, Park Place Addition, also known as 488 N. Everett Avenue, Stephenville, Texas. The motion carried UNANIMOUSLY by roll call vote. C. BID CONSIDERATIONS: 1.Councilmember Helen Martin made the motion, seconded by Councilmember Ray Reynolds, to approve the specifications for equipment for the motorcyle program. The motion carried UNANIMOUSLY by roll call vote. 2.Councilmember Helen Martin made the motion, seconded by Councilmember Ray Reynolds, to approve the specifications for the uniforms for the Police Department. The motion carried UNANIMOUSLY by a roll call vote. D. ORDINANCES AND RESOLUTIONS: 1.Councilmember Helen Martin made the motion, seconded by Councilmember Ray Reynolds, to pass and approve AN ORDINANCE DECLARING THAT PORTION OF LILLIAN STREET FROM ITS INTERSECTION WITH WASHINGTON STREET TO ITS INTERSECTION WITH VANDERBILT STREET TO BE A SCHOOL ZONE AND THAT SECTION OF VANDERBILT STREET FROM ITS INTERSECTION WITH MCILHANEY STREET TO ITS INTERSECTION WITH ROME STREET TO BE A SCHOOL ZONE; PROVIDING FOR ERECTION OF SIGNS BY TARLETON STATE UNIVERSITY SHOWING SUCH DESIGNATION; AND MAKING IT AN OFFENSE TO OPERATE A MOTOR VEHICLE IN THESE SECTIONS AT A GREATER SPEED THAN 20 MILES PER HOUR AND PRO- VIDING PENALTY FOR VIOLATION. The motion carried UNANIMOUSLY by a roll call vote. 2.Councilmember Helen Martin made the motion, seconded by Councilmember Ray Reynolds, to pass and approve AN ORDINANCE DECLARING THAT PORTION OF WEST HUBERT STREET BETWEEN LOTS 3 AND 4 OF BLOCK 40 AND LOTS 1-A AND 2-A OF BLOCK 31 OF FREY FIRST ADDITION IN THE CITY OF STEPHEN- VILLE TO HAVE BEEN ABANDONED AS A STREET; ORDERING THE SAME VACATED AND CLOSED: FINDING THE VALUE OF THOSE PORTIONS OF SAID STREET TO BE CONVEYED TO KENNETH HOOK AND LONE STAR GAS COMPANY UPON PAYMENT OF THE AMOUNT FOUND TO BE THE VALUE OF SAID PORTIONS; AND FINDING THE VALUE OF SAID PORTIONS AND AUTHORIZING THE CONVEYANCE OF SAME TO KENNETH HOOK AND TO LONE STAR GAS COMPANY UPON PAYMENT OF THE AMOUNTS TO BE THE VALUE OF THIS LAND. The motion carried UNANIMOUSLY by a roll call vote. 3.Councilmember Helen Martin made the motion, seconded by Councilmember Ray Reynolds, to pass the following resolution: RESOLUTION WHEHEAS, the Texas Department of Highways and Public Transportation has reported that nearly 60 percent of the mobility needs of Texas cannot be met over the next 10 years; and WHEREAS, this serious shortfall will cause many approved projects to be delayed or canceled, critically affecting the safety and mobility of the motorists of Texas at a time the state is recovering from its economic downturn and expecting a surge of new growth; and WHEREAS, the Department has rightly placed its highest priority on maintaining and preserving our existing highway system, meaning that funds for added capacity will be in short supply unless the Legislature and other state leaders respond to this growing program; and WHEREAS, the Legislature should especially consider the fact that only 9% cents of the 15 cents motor fuels tax goes to highway construction and maintenance, the remainder being trans- ferred to the public school system, the Department of Public Safety, employee benefits, and other non-highway uses; and WHEREAS, the Chairman and members of the Highway Commission have detailed the need for additional funding and made it clear that the impact of the shortfall will be felt in all parts of Texas, rural and urban; and - 65 - BE IT RESOLVED, that the City of Stephenville requests that the 72nd Legislature address the problem of diminishing highway construction funds and take such action as necessary to assure that sufficient funds are available over the next decade to meet the mobility needs of the people of Texas. ITEM D(3) - Ordinance Calling Bond Election. Don Davis, City Administrator, reminded the Council that at the last meeting the Council asked Staff to get back with the architects to see how they would pro-rate the $3,000,000 that was allocated toward public buildings. There was a further instruction to look at the community center as a separate proposition and city hall as a part of the community center, which has been done. After a lengthy discussion, Councilmember Sam Taylor made the motion, seconded by Councilmember Helen Martin, that the ordinance be changed to contain 4 propositions rather than 6 as it is now, with 1 proposi- tion containing 1, 4, and 6; another one containing 2; another one containing 3; another one containing 5; and not necessarily in that order; also, to include the dollar amount included in the engineering report. The motion carried by the following vote: AYES: Councilmembers Bob Self, Helen Martin, Sam Taylor, Scott Evans Ray Reynolds, Jim McSwain, Lavinia Lohrmann and Mayor George Swearingen. NOES: Councilmember Jim Bostic. Councilmember Ray Reynolds commented that there has been a lot of community involvement to get to this point and he would like to keep it as non-political as possible. He said that he would like to see the Council , as councilpersons, refrain from supporting any one of these propositions. If we want to do it individually, we can do it, but, particularly, he's talking about writing articles in the paper, either supporting or not supporting one or two in particular. He ,'ems said he would like to keep it as a community project and let the 1 community carry the ball as far as which ones are approved or disapproved. It was the consensus of the Mayor and Council to set Monday, September 10, 1990 at 5: 15 p.m. in Council Chambers as the date, time and place for a special meeting to consider the corrected ordinance calling the bond election. VI. CITY COUNCIL/CITIZEN GENERAL DISCUSSION: A. Councilmember Helen Martin said that there has been some interest expressed by Stephenville Downtown Committee that there should be some permanent markers at the entrances to the City saying "Welcome to Stephenville". The Committee has checked with Marc McEndree of the State Department of Highways & Public Transportation and he told them that there were strict restrictions on this type of signs (permanent type signs of stone or brick) by private groups. If sponsored by a political entity, such as the City, then there would not be such strict restrictions. The Committee is planning to get private dona- tions to pay for these signs but, sometime in the future, they would like to come to the City Council to see if they would be interested in sponsoring this. This will be coming before the Council in a few months for consideration. B. Dr. Nathan Cedars addressed the Council regarding the combination of all the senior citizens and indigent activities that are state and federal funded into one organization. He said he had spoken with Don Davis, City Administrator, about the possibility of having some kind of a sponsorship for this, either by the City or the Council . He said for example, we have two meals-on-wheels programs; two transportation programs; there is a third program for rural transportation program for the indigent or disabled. These programs should be combined and there needs to be some organization to sponsor them. - 66 - Mayor Swearingen commented that he had heard a lot of discussion about combining the organizations and he felt it should have been done a long time ago. Don Davis, City Administrator, said he related to Dr. Cedars that, in the City of Big Spring and Howard County, they did have such a program that initiated by the City, which combined the Title XX and the Title III operations; the nutritional programs, the recreational programs and the whole thing. It was operated by the City for approximately three or four years and subsequently, turned over to the County and was con- tinued to be administered by the County. Mr. Davis said he, personally, concurred with Dr. Cedars in that one agency should operate all those services. Dr. Cedars also pointed out that, those communities that have combined all these areas together, the money saved and available on grants, they did not find it necessary to ask for volunteer funds because the grants available were enough to cover all the programs without any, or very little, outlay of money. Councilmember Ray Reynolds commented that he would like to see the Council pursue it. If Mr. Davis would get the information as to how it was developed in Big Spring, he would like to see the Council take a look at it. No action was taken. Mayor Swearingen recessed the open portion of the meeting and called the Council into: VII . EXECUTIVE SESSION: As provided in the Open Meetings Act, Vernon' s Texas Civil Statutes, Article 6252-17, Section 2(e) , for the purpose of: A. Discussion with City Attorney Randy Thomas of the pending and/or con- templated litigation regarding the Stephenville Vineyard & Supply, Inc. City Attorney Randy Thomas gave the City Council a status report on Stephenville Vineyard & Supply, Inc. Mayor Swearingen reconvened the City Council into open session. ACTION TAKEN (if any) on the above item: None. There being no other business to come before the Council , Mayor George Swearingen adjourned the meeting at 9:30 p.m. ATTEST: 'J Georg wearingen, Mayo Joyce, emberton, City Secretary - 67 -