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
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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.
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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
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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.
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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) :
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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
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