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HomeMy WebLinkAbout2019-04-02 Regular Meeting84diml.0 City of Stephenville - Regular City Council Meeting wfE*as Tuesday, April 2, 2019 at 5:30 PM The City Council of the City of Stephenville, Texas, convened on Tuesday, April 2, 2019, at 5:30 PM, in the Council Chambers at City Hall, 298 West Washington Street, for the purpose of a Regular Business Meeting, 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 Chapter 551, Government Code, Vernon's Texas Codes Annotated, with the following members present, to wit: COUNCIL ABSENT: Mayor Doug Svien Council Member Mark McClinton Council Member Carla Trussell — Via videoconference Mayor Pro Tern Brady Pendleton Council Member Rhett Harrison —Absent from 5:50 p.m. until 6:52 p.m. Council Member Alan Nix Council Member Sherry Zachery Council Member Brandon Huckabee Allen L. Barnes, City Manager Staci L. King, City Secretary Randy Thomas, City Attorney I. Call to Order Mayor Svien called the meeting to order at 5:30 p.m. II. Pledges of Allegiance Council member Brandon Huckabee led the Pledge of Allegiance to the United States and Texas flags. III. Invocation by Brian Tarpy, Christian Reformed Church IV. Regular Agenda 1. Citizens' General Discussion Jeff Kutas addressed the council regarding his business, MB Sentinel. 2. Child Abuse Awareness Month, Sexual Assault Awareness Month, and Victims' Rights Week Proclamation In attendance to accept the proclamation were: Silvia Zamora, Cross Timbers Family Services; Elizabeth Johnson, Erath County Meals on Wheels; Jessica Lilly, CASA for the Cross Timbers; Vickie Gonzales, Starry Counseling; Shelby Cannon, Paluxy River Children's Advocacy Center. Mayor Svien read the following proclamation: Whereas, National Crime Victims' Rights Week was established in 1981 by President Ronald Reagan as part of an effort to bring attention and support to victims of crime and is being observed the week of April 2-8, 2017 to recognize the more than 20 million victims of crime in the United States; and Whereas, in 1983, April was designated National Child Abuse Prevention Month, and communities are asked acknowledge that we must work together as a community to increase awareness about child abuse and contribute to promote the social and emotional well-being of children and families in a safe, stable, nurturing environment; and Whereas, National Sexual Assault Awareness month was first nationally recognized in April 2001 as an effort to bring awareness about sexual assault and educate communities and individuals on prevention of sexual violence; and Whereas, the City of Stephenville and Erath County have dedicated individuals and organizations who work daily to counter the problems and provide resources to victims of violent crime, child abuse and neglect, and sexual assault; and Whereas, Stop the Silence has been created to combine awareness of these causes. NOW, THEREFORE, the City of Stephenville and Erath County urge all our citizens to join in dedicating their energies to these efforts. 3. Congenital Diaphragmatic Hernia Awareness Proclamation In attendance to accept the proclamation were: Pierson Sharp, whom the proclamation was in honor of, as well as his family Dean Parr, Traci Haggard, Ashtin Sharp, Jacob Sharp, Dominik Haggard, Madeline Haggard, and Paisleigh Sharp. Mayor Svien read the following proclamation: WHEREAS, a congenital diaphragmatic hernia (CDH) is a birth defect that occurs during fetal development causing a hole in an infant's diaphragm, allowing organs to migrate through the hole and crowding the abdomen, and ultimately may cause the infant's lungs to be small and underdeveloped; and WHEREAS, since the year 2000 an estimated 700,000 babies worldwide have been born with CDH; and WHEREAS, 1,600 newborns are affected by CDH in the United States every year with only about half surviving past infancy; and WHEREAS, CDH is as common as spina bifida and cystic fibrosis but is not as well-known; and WHEREAS, those with CDH often endure multiple surgeries and possible medical complications, which can include heart defects, pulmonary complications, gastric and intestinal problems, developmental delays, and may require respiratory and medicinal support for years; and City Of Stephenville Regular City Council Meeting- 02 Apr 2019 Page 2 of 11 WHEREAS, raising awareness of this congenital defect will help bring about acceptance and support for those suffering with CDH and their families, and will lead to urgently needed research and medical advances; Now, therefore, I, Doug Svien, by virtue of the authority vested in me as Mayor of the City of Stephenville, Texas, do hereby proclaim April 2019 to be Congenital Diaphragmatic Hernia Awareness Month and urge all the citizens of the City of Stephenville to take cognizance of this event and participate fittingly in its observance. V. Tourism and Visitors Bureau Committee Carla Trussell, Chair 1. Committee Report Carla Trussell, Chair, was attending via videoconference, therefore Sherry Zachery gave the committee report. 2. Consider Hotel Occupancy Tax Fund Application - The Original Hico Texas Steak Cook - Off The committee recommended to deny the HOT fund application from The Original Hico Texas Steak Cook -Off. No motion was made by the council. 3. Consider Hotel Occupancy Tax Fund Application - UT Festival Shuttle Service The committee's recommendation was to fund one hotel -dedicated shuttle at the cost of $2,500. Martha Taylor, representative for the Larry Joe Taylor Music Festival, addressed the council to ask them to fund an additional shuttle. She stated that she had spoken with the shuttle service provider and with one shuttle, the wait time would be approximately one -and -one-half to two hours. She stated that Stephenville has approximately 500 hotel rooms, most of which were booked for the weekend of the festival. Ms. Taylor felt that this free service helped to keep people from drinking and driving. The two shuttles paid for using HOT funds would be in addition to the shuttles already provided for non -hotel guests. Mayor Svien asked Chief Jason King for his input, to which he stated that he supported the endeavor and felt that anything that allowed the festival -goers to enjoy the evening safely made for a better experience for everyone. MOTION by Alan Nix, second by Brady Pendleton, to approve the HOT fund application in the amount of $5,000 to provide two shuttles. Council member Sherry Zachery stated that the committee made their recommendation based on the fact that this expense was not budgeted and therefore coming out of the unrestricted fund balance. The committee also wanted additional information regarding the actual usage of the shuttle before committing to more than one shuttle. MOTION by Sherry Zachery to amend the motion to fund $2,500. AMENDMENT FAILED for lack of a second. City Of Stephenville Regular City Council Meeting - 02 Apr 2019 Page 3 of 11 MOTION by Alan Nix, second by Brady Pendleton, to approve the HOT fund application in the amount of $5,000 to provide two shuttles for the Larry Joe Taylor Music Festival. MOTION CARRIED by the following votes: Ayes: Mark McClinton, Carla Trussell, Brady Pendleton, Alan Nix, and Brandon Huckabee Noes: Sherry Zachery 4. Consider Hotel Occupancy Tax Fund Application - TAAF State Volleyball Tournament MOTION by Sherry Zachery, second by Mark McClinton, to approve the HOT fund application in the amount of $15,000. MOTION CARRIED by the following votes: Ayes: Mark McClinton, Sherry Zachery, Carla Trussell, Brady Pendleton, Alan Nix, and Brandon Huckabee 5. Consider Approval of Ordinance No. 2019-0-05 Establishing Guidelines for Filming in Stephenville, Texas MOTION by Sherry Zachery, second by Alan Nix, to approve Ordinance No. 2019-0-05 Establishing Guidelines for Filming in Stephenville, Texas. MOTION CARRIED by the following votes: Ayes: Alan Nix, Sherry Zachery, Mark McClinton, Carla Trussell, Brady Pendleton, and Brandon Huckabee VI. Planning and Development Services Jeremy Allen, Director of Planning and Development Services 1. Consider Approval of an Encroachment Agreement with HS Development Group Jeremy Allen stated that normally a 100-foot right-of-way would be required, but explained that TxDOT only had a 50-foot right-of-way. He also stated that most businesses on Washington Street are within the distance that the agreement would allow. The agreement allowed for TxDOT to reclaim the right-of-way should future plans for Washington Street change, however, there are currently no such plans. MOTION by Brandon Huckabee, second by Mark McClinton, to approve an Encroachment Agreement with HS Development. MOTION CARRIED by the following votes: Ayes: Mark McClinton, Carla Trussell, Brady Pendleton, Sherry Zachery, and Brandon Huckabee Noes: Alan Nix 2. Consider an Agreement to Extend Water and Sewer Services to Twisted 1 Jeremy Allen stated that city ordinance allowed for commercial or industrial water and wastewater connection for those outside of the city limits. Cody Johnson, owner of Twisted J, was in attendance to answer any questions that council may have. Council member Alan Nix asked for confirmation that Mr. Johnson would be paying for the City Of Stephenville Regular City Council Meeting - 02 Apr 2019 Page 4 of 11 installation of the water and sewer lines, and that those lines would be built in accordance with city standards; Mr. Johnson confirmed this was true. Council member McClinton asked about the need to upsize the line. Nick Williams, Director of Public Works, stated that it would be possible for the city to enter into an upsize agreement in which the city would pay the difference in the pipe sizes. MOTION by Mark McClinton, second by Brandon Huckabee, to approve an agreement to extend water and sewer services to Twisted J. MOTION CARRIED by the following votes: Ayes: Mark McClinton, Brandon Huckabee, Carla Trussell, Brady Pendleton, Alan Nix, and Sherry Zachery VI 1. Planning and Zoning Commission Jeremy Allen, Director of Development Services 1. Planning and Zoning Commission Report Jeremy Allen gave a report on the Planning and Zoning Commission. 2. PUBLIC HEARING Case No: PD2019-002 - Consider a development plan for a PD " Planned Development District" zoning classification of Green Acres Addition, being Lots 2-21, Block 9, Green Acres Addition, City of Stephenville, Erath County, Texas Mayor Svien opened the public hearing at 6:22 p.m. No one came froward to speak in n favor of or opposition to the rezone. Mayor Svien closed the public hearing at 6:22 p.m. r I 3. Consider Approval of Ordinance No. 2019-0-06 Planned Development Green Acres 11 4! Addition MOTION by Mark McClinton, second by Brandon Huckabee, to approve Ordinance No. 2019-0-06 approving the Planned Development in the Green Acres Addition. MOTION CARRIED by the following votes: Ayes: Mark McClinton, Brandon Huckabee, Carla Trussell, Brady Pendleton, Alan Nix, and Sherry Zachery 4. Consider Approval of Resolution No. 2019-R-11 Initiating the Abandonment of Wylie Street MOTION by Brandon Huckabee, second by Mark McClinton, to approve Ordinance No. 2019-0-07 initiating the abandonment of Wylie Street. MOTION CARRIED by the following votes: Ayes: Mark McClinton, Carla Trussell, Brady Pendleton, Alan Nix, Sherry Zachery, and Brandon Huckabee S. PUBLIC HEARING Case No: PD2019-003 - Consider a development plan for a PD " Planned Development District" zoning classification for Lots Lot 1 and 3, Block 156, of the City Addition to the City of Stephenville, Erath County, Texas Mayor Svien opened the public hearing at 6:32 p.m. No one came forward to speak in favor of or opposition to the rezone. Mayor Svien closed the public hearing at 6:33 p.m. City Of Stephenville Regular City Council Meeting - 02 Apr 2019 Page 5 of 11 6. Consider Approval of Ordinance No. 2019-0-07 Planned Development City Center Townhomes The Planning and Zoning Commission gave a unanimous, positive recommendation. MOTION by Brandon Huckabee, second by Mark McClinton, to approve Ordinance No. 2019-0-07 Planned Development City Center Townhomes. MOTION CARRIED by the following votes: Ayes: Mark McClinton, Brady Pendleton, Carla Trussell, Alan Nix, Sherry Zachery, and Brandon Huckabee 7. PUBLIC HEARING Public Hearing Case No. RZ2019-001: Applicant Tom Brooks is requesting a rezone of the property being Lot 1 & PT 2, Block 7 track of the Oak Tree Addition IV to the City of Stephenville, Erath County, Texas from Multi -Family Residential District (R-3) to Neighborhood Business District (8-1). Mayor Svien opened the public hearing at 6:38 p.m. No one came forward to speak in favor of or opposition to the rezone. Mayor Svien closed the public hearing at 6:38 p.m. S. Consider Approval of Ordinance No. 2019-0-08 Rezone in Block 7 of the Oak Tree Addition IV MOTION by Brandon Huckabee, second by Mark McClinton, to approve Ordinance No. 2019-0-08 Rezone in Block 7 of the Oak Tree Addition IV. MOTION CARRIED by the following votes: Ayes: Mark McClinton, Carla Trussell, Brady Pendleton, Alan Nix, Sherry Zachery, and Brandon Huckabee 9. PUBLIC HEARING Public Hearing Case No. RZ2019-002: Applicant Gregory Fletcher is requesting a rezone of the property being Lot 46, 47,48, and 49, Block 76 track of the City Addition to the City of Stephenville, Erath County, Texas from Industrial District (1) to Retail and Commercial District (B-2). Mayor Svien opened the public hearing at 6:44 p.m. No one came forward to speak in favor of or opposition to the rezone. Mayor Svien closed the public hearing at 6:45 p.m. 10. Consider Approval of Ordinance No. 2019-0-09 Rezone in Block 76 of the City Addition MOTION by Mark McClinton, second by Brandon Huckabee, to approve Ordinance No. 2019-0-09 Rezone in Block 76 of the City Addition. MOTION CARRIED by the following votes: Ayes: Mark McClinton, Carla Trussell, Brady Pendleton, Alan Nix, Sherry Zachery, and Brandon Huckabee 11. PUBLIC HEARING Public Hearing Case No. RZ2019-003: Applicant Gary Lloyd is requesting a rezone of the property being Lot 10, Block 1 track of the King Addition to the City of Stephenville, Erath County, Texas from Neighborhood Business (B-1) to Retail and Commercial District (B-2). City Of Stephenville Regular City Council Meeting - 02 Apr 2019 Page 6 of 11 Mayor Svien opened the public hearing at 6:47 p.m. No once came forward to speak in favor of or opposition to the rezone. Mayor Svien closed the public hearing at 6:47 p.m. 12. Consider Approval of Ordinance No. 2019-0-10 Rezone in Block 1 of the King Addition MOTION by Brandon Huckabee, second by Alan Nix, to approve Ordinance No. 2019-0-10 Rezone in Block 1 of the King Addition. MOTION CARRIED by the following votes: Ayes: Mark McClinton, Carla Trussell, Brady Pendleton, Alan Nix, Sherry Zachery, and Brandon Huckabee 13. PUBLIC HEARING Public Hearing Case No. RZ2019-004: Applicant Kam IP is requesting a rezone of the property being Lot 1, 3A, 2A, and PT 2B, Block 129 track of the City Addition to the City of Stephenville, Erath County, Texas from Neighborhood Business (B-1) to Retail and Commercial District (B-2). Mayor Svien opened the public hearing at 6:49 p.m. No one came forward to speak in favor of or opposition to the rezone. Mayor Svien closed the public hearing at 6:49 p.m. 14. Consider Approval of Ordinance No. 2019-0-11 Rezone in Block 129 of the City Addition MOTION by Mark McClinton, second by Brandon Huckabee, to approve Ordinance No. 2019-0-11 Rezone in Block 129 of the City Addition. MOTION CARRIED by the following votes: Ayes: Mark McClinton, Carla Trussell, Brady Pendleton, Alan Nix, Sherry Zachery, and Brandon Huckabee Vill. Parks and Leisure Services Committee Report Sherry Zachery, Chair 1. Committee Report Council member Sherry Zachery gave the committee report. 2. Consider Approval of a Lease Contract with Studio 6:14 This lease is a renewal for use of the dance studio, previously named On -Site Dance. MOTION by Brandon Huckabee, second by Mark McClinton, to approve a lease agreement with Studio 6:14. MOTION CARRIED by the following votes: Ayes: Mark McClinton, Carla Trussell, Brady Pendleton, Alan Nix, Sherry Zachery, and Brandon Huckabee 3. Consider Approval of Expenditure for Senior Center HVAC Replacement MOTION by Mark McClinton, second by Sherry Zachery, to approve the expenditure for HVAC replacement at the Senior Center. MOTION CARRIED by the following votes: Ayes: Mark McClinton, Sherry Zachery, Carla Trussell, Brady Pendleton, Alan Nix, and Brandon Huckabee City Of Stephenville Regular City Council Meeting - 02 Apr 2019 Page 7 of 11 IX. Personnel Committee Sherry Zachery, Chair 1. Committee Report Council member Sherry Zachery gave the committee report. 2. Consider Approval of Landfill Superintendent Position MOTION by Sherry Zachery, second by Alan Nix, to change the job title from Landfill Supervisor to Landfill Superintendent. MOTION CARRIED by unanimous vote. X. Finance Committee Mark McClinton, Chair 1. Finance Committee Report Council member Mark McClinton gave the committee report. 2. Consider Acceptance of Fiscal Year 2017-2018 Audit Mike Brooks, Brooks Watson & Co., Certified Public Accountants, presented the council with the audit report for Fiscal Year 2017-2018. The following financial highlights were included: Financial Highlights • The assets of the City exceeded its liabilities (net position) at September 30, 2018 by $76,618,257. • The City's total net position increased by $7,924,685. The majority of the City's n net position is invested in capital assets and restricted for specific purposes. • The City's governmental funds reported combined ending fund balances of $9,181,272 at September 30, 2018, an increase of $308,539 from the prior fiscal year; this includes an increase of $159,410 in the general fund and an increase of $149,129 in the nonmajor governmental funds. • At the end of the fiscal year, unassigned fund balance for the general fund was $7,288,833 or 52% of total general fund expenditures. • The City's outstanding bonds and certificates of obligation payable increased by $14,726,173 from the prior year. This increase was mainly due to closing a $17,030,000 certificate of obligation for a sewer project that will affect 80% of the City. The total bonds and certificates of obligation payable at the close of the fiscal year were $30,545,000. • The City's net pension asset totaled $3,079,483 as of year end. MOTION by Mark McClinton, second by Alan Nix, to approve the Fiscal Year 2017-2018 Audit as presented. MOTION CARRIED by unanimous vote. 3. Consider Approval of Ordinance No. 2019-0-12 Amending the Fee Schedule The following changes to the City of Stephenville fee schedule were proposed: Landfill minimum gate fee increase from $20.00 to $25.00 and per ton fee increase from $50.00 to $60.00. MOTION by Mark McClinton, second by Alan Nix, to approve Ordinance No. 2019-0-12 fAmending the Fee Schedule. City Of Stephenville Regular City Council Meeting- 02 Apr 2019 Page 8 of 11 n MOTION CARRIED by unanimous vote. XI. Public Works Committee Alan Nix, Chair 1. Committee Report Council member Alan Nix gave the committee report. 2. Consider Approval of Resolution No. 2019-R-08 Authorizing the Filing of an Application for Financial Assistance for the Graham Avenue Project MOTION by Alan Nix, second by Mark McClinton, to approve Resolution No. 2019-R-08 Authorizing the Filing of an Application for Financial Assistance for the Graham Avenue Project. MOTION CARRIED by unanimous vote. XII. Public Health and Safety Committee Brady Pendleton, Chair 1. Committee Report Council member Brady Pendleton gave the committee report. 2. Consider Approval of Municipal Court Implementation and Personnel Expenditures MOTION by Brady Pendleton, second by Sherry Zachery, to approve expenditures for the implementation of a Municipal Court. MOTION CARRIED by unanimous vote. XIII. Planning and Development Services Committee Brandon Huckabee, Chair 1. Committee Report Council member Brandon Huckabee gave the committee report. XIV. MONTHLY BUDGET REPORT Monica Harris, Director of Finance, gave the following report: In reviewing the financial statements ending February 28, 2019, the financial indicators are as or better than expected. Property Tax - We received $141K in property taxes in the month of February, resulting in a $311K or 5.62% increase over funds collected through February last year. Sales Tax - We received $600K in sales tax in February, resulting in $152K over the target budget through February. We received $205K or 7.97% more than the funds received through February last year. HOT Funds - We received $136K in Hotel Occupancy Tax revenue through February, an 18% over the $115K in Hotel Occupancy Tax revenue received last year. We spent $117K in Hotel Occupancy Tax funds through February as compared to $129K last year. Revenue (Budgetary comparison) - The target budget for operating revenue is $10.6 million. We received $13.6 million in revenue through February, resulting in $3 million over budget. This is a result of property taxes; which were due by January 1st and delinquent if not paid by January 31st. Expenditures (Budgetary comparison) - The target budget for operating expenditures is $8.4 City Of Stephenville Regular City Council Meeting - 02 Apr 2019 Page 9 of 11 million. We expended $7.6 million through February, resulting in $822K under budget. Revenue (Prior year comparison) - Operating revenue received last year was $12.9 million as compared to the current year's $13.7 million, resulting in a $766K increase due to property taxes, sales taxes, and investment interest. Expenditures (Prior year comparison) - Operating expenditures last year were $7.4 million as compared to the current year's $7.6 million, resulting in a $177K increase. Additional expenditures included the Balanced Scorecard Training, the salary survey, the special election, outside professional fees, maintenance, Child Safety grants, wages and advertising in the HOT Fund, and wages and economic development programs in the SEDA Fund. New Programs - Purchase orders have been issued for the equipment for the four Police Tahoes and for the engineering for the Lennox, Dodge, and Fairfax utility improvements CDBG project. XV. Stephenville Type B Economic Development Authority Update Jeff Sandford, Executive Director, gave the following report: • Work continues on the UAS (Unmanned Aircraft Systems) Project, with conversations taking place with Stephenville ISD, as well as Ranger and Tarleton. • Work is taking place on the formation of a Tax Increment Reinvestment Zone, Historic Tax Credits, and New Market Tax Credits, all of which encourage development in communities. • Work continues on creating and filling primary jobs in Stephenville. XVI. CONSENTAGENDA 1. Approval of City Council Minutes • Special City Council Meeting - 04 Mar 2019 • Regular City Council Meeting - 05 Mar 2019 • Special City Council Meeting - 19 Mar 2019 2. Approval of Consumer Price Index Adjustment to Municipal Telecommunications Right - of -Way Access Line Rates 3. Approval of Ordinance No. 2019-0-13 Repealing 91.20 and 91.21 of the Code of Ordinances Amendments to the International Fire Code 4. Approval of Resolution No. 2019-R-09 Authorizing the City's Membership in the Steering Committee of Cities Served by Oncor MOTION by Mark McClinton, second by Alan Nix, to approve the consent agenda as presented. MOTION CARRIED by unanimous vote. XVII. Comments by City Manager • Last Day to Register to Vote - Thursday, April 4 • Early Voting Begins Monday, April 22 • Written Citizen Budget Requests due by April 22 • Special City Council Meeting and Council Committee Meetings - Tuesday, April 23 at 5:30 p.m. • Election Day - Saturday, May 5 - 7 a.m. to 7 p.m. • Regular City Council Meeting - Tuesday, May 7 at 5:30 p.m. City Of Stephenville Regular City Council Meeting - 02 Apr 2019 Page 10 of 11 • Canvassing of the May General Election / Reception for City Council - Tuesday, May 14 at 5:30 p.m. XVIII. Comments by Council members Council member Mark McClinton wanted to remind everyone the Downtown Farmer's Market and Coffee at the Courthouse on April 6th. The following weekend will be the 13th Annual Native Heirloom Plant Fair, and the 1st Annual Tastings on the Trail. Council member Carla Trussell reminded everyone to attend the Lenten Fish Fry hosted by the Knights of Columbus. Council member Alan Nix wanted to recognize SPARD for their great work and for the variety of programs that are available to the residents of Stephenville. Council member Brandon Huckabee reminded everyone of Stephenville Parks and Recreation Department's new Adopt -a -Spot Program which allows individuals, families, organizations, and businesses to adopt an area of one of the city's parks to care for throughout the year. XIX. EXECUTIVE SESSION In compliance with the provisions of the Texas Open Meetings Law, Subchapter D, Government Code, Vernon's Texas Codes, Annotated, in accordance with 1. Section 551.087 Deliberation Regarding Economic Development Negotiations • Project Blue • Project CS • Project Select • Project Deco Mayor Svien called the meeting into Executive Session at 7:47 p.m. XX. Action taken on items discussed in executive session (if necessary) The meeting was called back into regular session at 8:48 p.m. No action was taken. XXI. Adjourn The meeting was adjourned at 8:48 p.m. .,,,,,, ItS111/„ pF S176" N py ATTEST: : f r •r 1 StaciL. ing,City Secr ry yCORp0RP��O City Of Stephenville Regular City Council Meeting - 02 Apr 2019 Doug Svi"ayor Page 11 of 11