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HomeMy WebLinkAbout1990-11-06 - Regular City Council MINUTES OF REGULAR MEETING City of Stephenville - City Council TUESDAY, NOVEMBER 6, 1990 - 7:00 P.M. The City Council of the City of Stephenville, Texas, convened in regular session on November 6, 1990 at 7:00 p.m. in the Counci 1 Chambers of City Hal 1 , 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-7:05 p.m. Lavinia Lohrmann-7:25 p.m. Absent: None Others Attending: Don Davis City Administrator Joyce Pemberton City Secretary Randy Thomas City Attorney I : Mayor George Swearingen called the meeting to order and declared a quorum present. II. EMPLOYEE RECOGNITION. A. Mayor Swearingen presented a CERTIFICATE OF ACHIEVEMENT for excellence in financial reporting to Charlene Young, Director of Finance. B. Employee Service Awards were presented to: Earl Allgood - Five Years - Fire Department Ricky Crim - Five Years - Fire Department C. Councilmember Jim McSwain made the motion, seconded by Councilmember Bob Self, to approve the appointment of James L. Wade as Chief of Police. Joyce Pemberton, City Secretary, administered the Oath of Office. III: COMMUNICATIONS AND PERSONAL APPEARANCES BY CITIZENS. A. On-Street Parking on Tarleton Street-Lance Trinque Lance Trinque addressed the Council regarding parking problems in the 1000 block of West Tarleton Street, due to TSU students on-street parking. He said the residents of this area have trouble with their driveways being blocked and, also, with sight restrictions when backing out of their driveways. There have been several accidents at the intersections of Tarleton and Clinton and Tarleton and 011ie due to sight restrictions at these intersections. w Don Davis, City Administrator, advised that City staff has a meeting \ set for November 12, 1990, with the administration from Tarleton for discussion of their plans, both long and short range, for student parking and, hopefully, after that meeting the City will have a better idea of what the Tarleton is going to do and can act accordingly. No Action Taken. B. On-Street Parking Around Intermediate School Campus. Steve and Linda Peacock addressed the Council opposing the proposed "No Parking-No Standing" zones on the east and west sides of North - 76 - Dale Avenue for a distance of 550 feet from its intersection with West Frey Street. It was their opinion that this proposal would only com- pound the problem rather than fix it. Mr. Peacock commented that there were a lot of other options and there may some things to be taken up with the School Board and this isn't really an issue for the City to look at. Don Davis, City Administrator, advised that City Staff, at the direc- tion of the Committee, met with Mr. Slemmons and the principal of the school . He said they felt somewhat awkward in offering some suggestions that were, in his opinion, school problems. They have plenty of acreage around the school that could provide parking. We suggested using the drives for parents and the parking lot and fire lanes for bus traffic, but was told the buses were too big to get in and out. Mr. Slemmons' concern was the children crossing Dale Avenue and then crossing the drive where the buses pick up and deliver. Councilmember Bob Self observed that the Police Department had con- ducted a survey and they came up with some possible answers and pointed out some of the hazards involved with each of the answers. He said the Committee discussed several alternative measures, but they all think the School District has the responsibility as far as accommodating the traffic flow and the bus flow, etc. around the schools. In his opi- nion, the PTO could do a great service to its own children by trying to educate its own people to the hazards to their children in the congested traffic around the schools. After more discussion, Councilmember Helen Martin made the motion, seconded by Councilmember Ray Reynolds, to table this item until further notice from the School Board, PTO, etc. The motion carried UNANIMOUSLY. C. Ordinance Regulating Parking on North Dale Avenue. No Action Taken. D. Two Additional Crosswalks on Vanderbilt Street-Joe Welch. Councilmember Bob Self reported the Committee recommends approval of the two crosswalks as requested, at the expense of TSU. Councilmember Helen Martin commented that the speed limit is 20 mph there and it is a very short block and if the students want more pro- tection than just looking right and left themselves to see that there isn't any traffic, then they can walk to the corner at Lillian and Vanderbilt. The reduced speed seems to be working well and does not think an additional pedestrian crossing is needed. Councilmember Sam Taylor made the motion, seconded by Councilmember Ray Reynolds, to approve the recommendation to allow two (2) more crosswalks on Vanderbilt, to be installed at TSU' s own expense. The motion carried by the following vote: AYES: Councilmembers Bob Self, Sam Taylor, Scott Evans, Ray Reynolds, Jim McSwain, Jim Bostic, Lavinia Lohrmann and Mayor George Swearingen. NOES: Councilmember Helen Martin. E. Schrickel , Rollins & Associates, Inc. - Proposal For Engineering Services For Reconditioning And Repainting Of The Garfield Ave. Elevated Tank. Councilmember Ray Reynolds made the motion, seconded by Councilmember Jim McSwain, to approve the proposal from Schrickel , Rollins & Associates, Inc. for engineering services for reconditioning and repainting the Garfield Avenue elevated tank. The motion carried UNANIMOUSLY. IV: MATTERS BY COUNCILMEMBERS. A. Discussion Of Change Of Policy On Reimbursement On Fire Runs Outside The City Limits. - 77 - Don Davis, City Administrator, advised that the present policy is that the County reimburses the City $400.00 per run for any fire calls out- side the city limits of Stephenville. It is very hard for the Commissioners to plan and anticipate the impact it will have on their budget. Staff did a 3-year history on the number of runs and expense involved in the City's providing this service to the county and over that period of time the City's income has averaged about $64,000. He said, in his opinion, this is not the long-term solution to the problem. The County Commissioners asked him to convey to the Council that it is their recommendation to enter into an agreement whereby they will pay the City a flat fee for this year. That being $64,000.00, which would allow us enough time to do some further work with the County to try to come up with a long-term solution to this and some other services that we share with the County. Councilmember Bob Self made the motion, seconded by Councilmember Helen Martin, to adopt the plan as presented by the Staff for this one year on a contract basis with the County to provide their fire protection in the county for one lump sum of $64,000.00. After a lengthy discussion, Councilmember Bob Self withdrew his motion. Councilmember Helen Martin withdrew her second. Councilmember Scott Evans made the motion, seconded by Councilmember Ray Reynolds, to enter into this agreement as written for six (6) months, for $32,000.00. The motion carried UNANIMOUSLY. B. Nominees For The Citizen's Water/Wastewater Committee. Mayor George Swearingen submitted the following names for the citizen' s Water/Wastewater Committee: 1. James Vickery, 137 Blue Jay 2. David Dickerson, 1571 W. Washington 3. R. Y. Gann, 470 E. McNeill 4. Barbara Lee, 100 Sandra Palmer 5. Joe Cude, 1355 Lydia 6. Hugh Wolfe, 1010 W. Frey 7. Nancy Easterling, Star Route, Box 272 8. Paul Kilgore, 2010 Crestridge 9. Barbara Schmidt, 220 Choctaw Mayor Swearingen explained that this would be considered a standing committee to work in an advisory capacity"'only and their task will be: 1. Study the availability and quality of ground water, the use of total Trinity aquifer and acquisition of additional ground water. 2. Study the projections of continued population growth 3. Study the projections of agricultural water usage 4. Scrutinize the need or feasibility for a county wide fresh water district. Councilmember Ray Reynolds posed the following questions: 1. What will be the functions of the committee? 2. How is the committee going determine the answers to the above listed tasks? 3. What amount of dollars will be involved in reaching their tasks? 4. If there is some dollars associated with their tasks, where is the money coming from? Councilmember Ray Reynolds said he would like to have a better under- standing of what the tasks of that committee is going to be and, maybe, some goals and objectives and more details before turning them loose. Councilmember Bob Self commented that the tasks outlined were very broad. He said he did not feel there was enough structure yet. There is a great need for a broader segment of the community to become more informed about the problems of water availability, water quality, the impact of agriculture use, the city' s use, the need and feasibility of ubjects ke a fresh bod water to district. study and 1l of 1 learn asse much as they can. Mr. would Reynolds for every is y - 78 - addressing how many copies of all the information available will be needed; who is going to pay for all the copies; will there need to be other studies conducted, if so, who will conduct them; where will the money come from? Mayor Swearingen said he felt the committee was to be the eyes and ears of the community of Stephenville. To have some feedback toward the Council of what the "public" felt about the water/wastewater. Joel Hillin addressed the Council stating that he felt the primary pur- pose of this committee was to have some members that were selected to serve on this committee as they talked about the wastewater and water furnishings for the City. They thought it would be well if there were some citizens that would serve on a committee as they look into the water needs, use, etc. It was from an advisory capacity only. The intent was that some citizens would be involved so they would know some of goings on and have some input as they did on the CIP Committee and come out with some positive recommendations. Councilmember Bob Self made the motion, seconded by Councilmember Ray Reynolds, to table this item for further study. The motion carried by the following vote: AYES: Councilmembers Bob Self, Helen Martin, Sam Taylor, Scott Evans, Ray Reynolds, and Jim McSwain. NOES: Councilmembers Jim Bostic, Lavinia Lohrmann and Mayor George Swearingen. Mayor Swearingen requested that Councilmembers Bob Self and Ray Reynolds look into what guidelines this committee might go under, if it is ever brought to the Council again. Mr. Self and Mr. Reynolds declined acceptance of this request as there is a committee structure that is in place and it needs to go to whatever committee is appropriate for it, if the Council wants to refer it to a committee. V: COMMITTEE REPORTS. A. Landfill Committee: 1. Proposed Contract with KMN Garbage Service, Inc. Councilmember Bob Self, chairman of the Landfill Committee reported that KMN Garbage Service had requested an extension on their contract in order to be able to update their equipment and continue to be able to serve the City. It was the Committee's assignment to determine: 1) whether or not the contract should be extended, 2) if so, for how long and under what terms. The Committee reviewed the City's revenue needs; the budgeted operating costs of the landfill ; and negotiated a a contract with KMN which is reflected in the agenda packet, which rep- resents a 3-year extension on the existing contract. After a lengthy discussion, Councilmember Ray Reynolds made the motion, seconded by Councilmember Scott Evans, to approve the extension of the contract with KMN Garbage Service until April 1, 1996. The contract approved would be that contained in the agenda packet, pages 18-27. City Attorney Randy Thomas advised the Council of three corrections that were not in the agenda packet. The changes are in sections 12, A 14 and 15 and they do not change the contract, but make the wording more clear. Councilmember Ray Reynolds made the motion to approve the amendments to sections 12, 14, and 15 of the contract with KMN Garbage Service, Inc. , as recommended by Mr. Thomas. The motion carried UNANIMOUSLY. Councilmember Ray Reynolds made the motion to approve the contract with KMN Garbage Service, Inc. , as amended. Seconded by Councilmember Scott Evans. The motion carried by the following roll call vote: AYES: Councilmembers Bob Self, Helen Martin, Sam Taylor, Scott Evans, Ray Reynolds and Jim McSwain. - 79 - NOES: Councilmembers Jim Bostic and Lavinia Lohrmann and Mayor George Swearingen. 2. Ordinance Regulating Solid Waste: Councilmember Helen Martin made the motion, seconded by Councilmember Bob Self, to approve AN ORDINANCE, as written, declaring that all regulations of the Municipal Solid Waste Management Regulations as published by the Texas Department of Health, and the United States Environmental Protection Agency and all other applicable rules and regulations of the federal , state, county, and City shall be observed. The motion carried UNANIMOUSLY. B. Nominations Committee: 1. Councilmember Lavinia Lohrmann, reporting for the Nominations Committee, said the Committee recommends appointing John Whiting to the C.A.D. Board of Directors. Also, to recommend appointment of Jerry Wooley to the C.A.D. Review Board. Councilmember Lavinia Lohrmann made the motion, seconded by Council- member Jim Bostic, to approve the appointment of John Whiting to the C.A.D. Board of Directors, as recommended. The motion carried UNANIMOUSLY. Councilmember Lavinia Lohrmann made the motion, seconded by Council- member Jim Bostic, to recommend Jerry Wooley for appointment to the C.A.D. Review Board. The motion carried UNANIMOUSLY. VI. CONSENT AGENDA: (Item B(1) removed from the Consent Agenda) Councilmember Helen Martin made the motion, seconded by Councilmember Sam Taylor, to approve the Consent Agenda, with the exception of B(1) , as pre- sented. The motion carried by the following roll call vote: AYES: Councilmembers Bob Self, Helen Martin, Sam Taylor, Scott Evans, Ray Reynolds, Jim McSwain, Jim Bostic, Lavinia Lohrmann and Mayor George Swearingen. NOES: None A. APPROVAL OF MINUTES of August 30, September 4, September 10, September 12, and October 12, 1990. B. BID CONSIDERATIONS: 2. APPROVAL OF Bid Specifications for Street, Park, Water/Wastewater, and Landfill Departments' uniforms. 3. AWARD BID to Darr Equipment for the amount of $185,668, with the optional power train warranty for 3 years or 5,000 hours for the amount of $3,982, for a total purchase price of $189,650.00. 4. AWARD BID #2508 for aggregate, asphalt and base materials for the Street Department to the low bidder for each item. The total amount of the bid will be based on the quantity of each item purchased. C. BUDGET AMENDMENT: APPROVAL to amend the budget of the Wastewater Treatment Plant by w transferring $12,000.00 from the Water Department Cash Reserve Acct. to 1 the Wastewater Treatment Plant Account. D. Paluxy Project Expenses: APPROVAL OF PAYMENT of invoices from Davis & Wilkerson P.C. , Bright & Associates, and Freese & Nichols, Inc. , totaling $17,123.15, to be paid from the Water/Wastewater Unrestricted Cash Balance. E. BID CONSIDERATIONS: (Item B(1) : - 80 - After some discussion, Councilmember Bob Self made the motion, seconded by Councilmember Jim Bostic, to approve the bid specifications for the Tarleton Street Water Distribution Line. The motion carried UNANIMOUSLY. VII: PUBLIC HEARINGS. Mayor George Swearingen opened the floor for a public hearing to consider rezoning all that certain 3.796 acre tract of land out of the Henry Pearson Survey, Abstract No. 613, located on U.S. Highway 377-67, west of the Bosque River Centre, from the temporary zoning classification of R-1 "Single Family Dwelling District" to the permanent zoning classification of B-2 "Secondary & Highway Business District". As there was no one wishing to address the Council regarding this item, Mayor Swearingen closed the public hearing. Councilmember Helen Martin made the motion, seconded by Councilmember Bob Self, to approve the rezoning and the passage and approval of AN ORDINANCE rezoning the land described from the temporary zoning classification of R-1 "Single Family Dwelling District" to the permanent zoning classifica- tion of B-2 "Secondary & Highway Business District". The motion carried UNANIMOUSLY. VIII : CITY COUNCIL/CITIZEN GENERAL DISCUSSION: John Wier addressed the Council regarding landfill problems and the lack of Council action pertaining to composting of yard waste and other solid waste materials. He said a large number of college students have volun- teered to pick up large collections of yard waste and divert it from the public landfill . Councilmember Bob Self commented that the opportunity exists for the citi- zens to do this themselves on a voluntary basis. It will probably be mandated eventually. Eva Rogers addressed the Council stating that she can provide the Council with the information that will show how the City of Stephenville can make a profit on the solid waste of Erath County. IX. Mayor George Swearingen recessed the open portion of this meeting and called the Council into an EXECUTIVE SESSION, as provided in V.T.C.S. , Section 6252-17, Article 2(e) : Pending and/or contemplated litigation, i .e. , A. Lucile & Inus Ray Property - Condemnation Suit - Status Report by the City Attorney, Randy Thomas. B. North Wedgewood Subdivision - Breach of Contract by Kenneth Currier, developer of said subdivision. The Council reconvened in open session. X. ACTION TAKEN on matters discussed in Executive Session: None XI. ADJOURNMENT. There being no other business to come before the Council , Mayor Swearingen adjourned the meeting at 9:30 p.m. A Geor wearin en, Mayo ATTEST:: � g g oyc Pemberton, City Secretary - 81 -