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HomeMy WebLinkAbout1996-08-06 - Regular City CouncilMINUTES OF GENERAL BUSINESS MEETING City of Stephenville - City Council TUESDAY, AUGUST 6, 1996 - 7:00 P.M. The City Council of the City of Stephenville, Texas, convened on August 6, 1996, at 7:00 p.m., in the Council Chambers at City Hall, 354 N. Belknap Street, for the purpose of a General 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: Mayor Councilmembers: Others Attending: I. CALL TO ORDER John Pollan Barbara Terrell Marshall Shelton Joel Hillin Scott Evans Billy Bob Hodges Bill Corbin Don Davis, City Administrator Cindy L. Stafford, City Secretary Randy Thomas, City Attorney Mayor Pollan called the meeting to order at 7:00 p.m. and declared a quorum present. II. PLANNING AND ZONING COMMISSION A. Public Hearing on Rezoning Mayor Pollan announced the opening of a public hearing for the purpose of rezoning Lots 8-14 of Block 2; Lots 16-29 of Block 3; and Blocks 6, 7, 9, and 11 of the Tanglewood Northwest Addition from R-2 "One -Four Family Dwelling District" and B-1 "Neighborhood Business District" to R-1 "Single -Family Dwelling District". Speaking in Favor of the Annexation: No one. Speaking in Opposition of the Annexation: No one. Mayor Pollan closed the public hearing. Regular Business Meeting -- August 6, 1996 Councilmember Shelton made a motion to approve Ordinance No. 1996-21. Councilmember Hillin seconded the motion, and the motion passed by unanimous vote. B. Consider the Approval of the Final Plat, Lots 1, 2, 3, and 4 of New Life Subdivision Mike Martin, pastor of New Life Subdivision, addressed the Council about the final plat to be considered. He stated that neither he nor anyone else at this church were aware that the New Life Church would be responsible for extending water and sewer to the lots as set out herein. Members of New Life Church had thought it would be the- responsibility of the person buying the lot or lots to install water and sewer and not their responsibility. He stated that the one lot which is being sold to Dr. Gregory W. Hubbard (DDS) would probably be the only lot that would be sold or developed. Mayor Pollan asked Betty Chew, Director of Community Development, to explain the situation from the City's perspective. Chew stated that her department had received the plat, signed by Mike Martin as the church's representative, and subsequently received the engineering report from Charles Gillespie. The latter showed the engineering and drainage designs and the utility extensions. It was reviewed by the Community Development department as submitted. Chew explained that no changes were made on the plat and that it was reviewed as submitted, and the plat did meet the requirements of the ordinance and was submitted to Planning and Zoning Commission and City Council as such. Chew suggested as a remedy to the situation to withdraw the plat that has been presented here, not plat the proposed lots 3 and 4 as separate lots, and all included as a part of Lot 1, then the utility extension would only be required for Lot 2 (Dr. Hubbard's lot). Martin explained the New Life Church did not hire the engineer, but that Charles Gillespie was employed by Gregory Hubbard. He also informed the Council that the sale of the lot to Dr. Hubbard had already closed at King Abstract Company, that the church had received its money for the lot, and that Dr. Hubbard now owned the property. (Staff and Council were not aware of these facts.) Chew explained to Martin that New Life Church and Hubbard were actually joint owners in the 20,000 square feet of unplatted land. It was understood by Mayor Pollan, Betty Chew, and Mike Martin that the plat that has been presented to the Council at this meeting is withdrawn and that New Life Church representatives will get together with Dr. Hubbard, Charles Gillespie (engineer) and King Abstract Company to work out a solution to this situation. Mayor Pollan apologized for the delay but assured Martin that the City staff would cooperate in any way it can as it pertains to this situation. Regular Business Meeting -- August 6, 1996 co Consider the approval of the Preliminary Plat of Oak Tree Subdivision, Phase V, being 35.22 acres of the Jarrett Menefee Survey, Abstract 520, Erath County, Texas. City Administrator Don Davis advised the Council that the Planning and Zoning Commission has reviewed this preliminary plat and has recommended its approval. Councilmember Corbin moved to approve the. preliminary plat of Oak Tree .1 Subdivision, Phase V, being 35.22 acres of the Jarrett Menefee Survey, Abstract 520, Erath County, Texas. Councilmember Hillin seconded the motion, and it passed by unanimous vote. D. Consider the approval of the Final Plat of Oak Tree Subdivision, Phase V, being 5.459 acres of the Jarrett Menefee Survey, Abstract 520, Erath County, Texas, (Lot b as presented). Councilmember Shelton moved to approve the Final Plat of Oak Tree Subdivision, Phase V. being 5.459 acres of the Jarrett Menefee Survey, Abstract 520, Erath County, Texas. Councilmember Terrell seconded the motion, and it passed by unanimous vote. III. REPORT FROM TEXAS DEPARTMENT OF TRANSPORTATION, James Parker James Parker reported on several projects. On August 15, 1996, Texas Department of Transportation will move from its present facility at 302 Morgan Mill Highway to its new facility on East Washington. TxDOT will have an environmental study and an appraisal conducted on the old location so that it may be considered for purchase by any governmental entities before it is offered on the open market. Also, he briefed the Council on the Keep Texas Beautiful campaign. Keep Texas Beautiful, Inc. is in partnership with TxDOT to help reduce litter and improve landscapes in and around communities. Grants are available with this project. He distributed informational literature to the councilmembers. He reported that TxDOT is beginning to have more problems with vendor's on the rights -of -way within the city limits. Parking and litter are the biggest problems. He stated that TxDOT would like to discuss this with city staff to determine how the two entities could work together to address this problem. Regular Business Meeting -- August 6, 1996 IV. FINANCE COMMITTEE REPORT A. Public Safety Software Councilmember Corbin reported that at its meeting of July 18, public safety software was discussed. He reminded the Council that in 1995, there was approved the budgeting of $100,000 a year for computer systems. So far, new PC's have been purchased, and computers already in use were upgraded. We are in Phase 11, which includes the purchase of public safety information system software. Brady LeBlanc, the city's computer consultant, has been meeting and working with Mark Kaiser, Director of Finance, and a group of employees that comprise a special committee to consider computer needs. LeBlanc and the employee committee have recommended granting HTE the bid on this equipment. Corbin made a motion to award the bid to HTE for the purchase of public safety information system software as follows: Basic System $119,000 Additional Disk Drive(IBM) 43400 Subtotal $123,400 Fire Module 7,260 Training & Travel 4, 000 Total Bid Award $134,660 Councilmember Evans seconded the motion, which passed by unanimous vote. B. Hotel -Motel Tax Corbin reported on the meeting of July 23, 1996. He stated that the City receives about $126,000 from Hotel/Motel Tax annually. Approximately $54,000 goes to Chamber of Commerce; $18,000 to Cross Timbers Fine Arts Council; and $54,000 to the City. Councilmember Corbin made a motion to grant the following requests for the Hotel/Motel Tax money as follows: Cross Timbers Classic Basketball Tournament $ L000 Historical Museum: Center Grove Schoolhouse 131325 Operating Funds (utilities, lawn care, etc.) 151000 Miscellaneous Repairs 2,000 Regular Business Meeting -- August 6, 1996 City Recreation Department: Athletic Tournaments 83500 Family Fun Fair 20, 000 Christmas in the Park 611000 Cowboy Appreciation Ball 22000 Total $55,825 Councilmember Hodges seconded the motion, and the motion passed by unanimous vote. CO Revised Contract with Cross Timbers Fine Arts Council Corbin informed the Council that the City and the Fine Arts Council are still operating under a contract that was executed in 1981, and there is a necessity to enter into a new contract. City Attorney stated that there have been some potential problems which have developed in the Fine Arts Council, but he does not believe it will affect the Council voting to approve the form and content of the contract; however, he is advising the Mayor not to sign the contract until all matters have been resolved with the Fine Arts Council. Councilmember Corbin moved to approve the contract with the Cross Timbers Fine Arts Council subject to the Fine Arts Council getting their legal questions resolved. Councilmember Hillin seconded the motion, which passed by unanimous vote. D. Child Safety Fund The City will receive approximately $1,500 of Child Safety Fund money, which is generated from a surcharge on traffic violations occurring within school zones and/or the passing of a school bus. The use of this money is restricted to programs that enhance child safety, health, or nutrition. Applications were received from S . T. A. R. Council for $1,500 and from Stephenville Independent School District for a crossing guard in the amount of $800. Councilmember Corbin moved to award $2,300 of the Child Safety Fund money to S . T . A. R. Council in the amount of $1,500 and Stephenville I SD in the amount of $800. Councilmember Shelton seconded the motion, which passed by unanimous vote. E. Investment Counselor Councilmember Corbin reminded Council that changes were expected with TexPool (the City's present investment manager). The Finance Committee received six proposals and selected the three best companies. Interviews were held with these companies, then narrowed down to Patterson and Associates and AMBAC Investment Management, Inc. No action needed to be taken by the Council. Regular Business Meeting -- August 6, 1996 V. ANNUAL REPORT OF THE CROSS TIMBERS FINE ARTS COUNCIL, Chuck Rives Gerre Joiner gave the annual report of the Cross Timbers Fine Arts Council, on behalf of its President Chuck Rives. He thanked the Council for its help in sponsoring many events, including "Latin Playrz" jazz group, "Messiah" concert, Fort Worth Symphony. The most notable production, he pointed out, was Moosic in the Park held on June 21, 1996. He stated that the financial papers had been filed with the -.Finance Committee. This included the projected budget for fiscal year, July 1, 1996- June 30, 1997 of $88,125. VI. AMENDMENT TO THE ECONOMIC DEVELOPMENT POLICY Brad Allen addressed the Council on this matter. He reviewed the history of his project, Good Tree Subdivision, [see June, 1995 Minutes] which is a retirement center consisting of an assisted -living center, and duplex, triplex and quadraplex housing. When his plat was first introduced to the Council, Allen stated that there was discussion concerning the number of entrances to the subdivision and the width of the streets as provided in the Subdivision Ordinance. He explained that his comments at the time were that these requirements were onerous to his project. He stated that his recollection at that time was that the Council wanted to consider some type of assistance to the project. Allen acknowledged that this, along with other projects has caused the City to initiate an economic incentive and tax abatement program. He stated however; that he was going to speak against adopting the proposed amendment to the City's Economic Development Incentives Program. He stated, that he does not "think it's been well thought out", and he also believes that it will "be a detriment as adopted to our project" [Good Tree Subdivision] . He stated that as he understands it, there are basically two changes. One is to add to the definition section to include "assisted - living facilities". Also added to the definition section is "residential property" and a definition of same. Allen stated that once the Economic Development Incentives Program was in place, he approached city staff and set out the plan to pursue an economic incentive for one part of the project. He said that he sought city staff s counsel on whether it should be on one application or two, and Allen was told to submit two applications. One for economic incentive and one for tax abatement. Allen stated that he did this. He stated that he then developed separate entities for different parts of the project. The project is developed into a residential semi-independent section of housing and an assisted -living section of housing. The entire project will encompass approximately 40-45, 000 square feet of construction. The two projects will create approximately 23 jobs. He stated that his total request is $76, 000. Regular Business Meeting -- August 6, 1996 He expressed his concern that so much time has lapsed since he first presented his plan to the Council. He said that the proposed amendment to the Economic Development Incentives Program is a roadblock which will effectively "gut" his proposal and will be an "extreme detriment" on the requirements of his program. Mayor Pollan responded that it is not the intention of the Council nor the City to "gut" any type of prospective project that will lend economic value to the City. Councilmember Terrell stated that it was her understanding that the economic incentive policy had been adjusted to al1ow'Allen's type of development. She said that the Council has really gone out of the way for it to work for him. Councilmember Corbin said that the policy is basically centered around creating new, permanent jobs. In looking at Alien's project, Corbin sees one-half of the project being a residential section which does not create permanent jobs. He asked for clarification on that point. Allen explained that the concept is to provide an array of services for senior residents to lain the highest degree of independence. He sees this including a residential component in the duplex and quadraplex areas, such as bathing, meal assistance, etc. Councilmember Shelton asked if the Council would have a recourse in the event the number of jobs created by this project is cut back. Allen said that studies conducted on this project indicate that the number of jobs is realistic when the project reaches maximum capacity. Councilmember Hillin asked for clarification on the total amount of money sought. Allen explained that the request is for $31,000 tax abatement over ten years, and request for economic assistance on the street is $45,272. This totals $76,000. When asked about total investment dollars, Allen explained that Phase One will cost close to $2 million. Both phases will be developed at a cost of approximately $4-5 million. Hillin commented that Alien's request seemed small compared to the investment. Councilmember Evans said that he is getting frustrated because the Council seems willing to work with the developer, yet no solution has been met. Mayor Pollan asked City Attorney Thomas what the Council needed to do concerning the interpretation. Thomas stated that he had written the Council a letter stating what needs to be done. He further stated that this project is a residential facility, and the economic development program is specific about residential facilities. He added that from his involvement, the intention has been toward aiding Brad Allen in his project. Mayor Pollan assured Brad Allen that a decision on this matter would be made at the Special Council Meeting scheduled to be held on August 20, 1996. Regular Business Meeting -- August 6, 1996 VII. LETTER OF ENDORSEMENT ON COMPOSTING -Brazos River Authority City Administrator Davis explained that the BRA has, as a part of its grant application, asked the City for a letter of support in this effort. Councilmember Ifillin made a motion to send a letter of support, signed by the Mayor, to Brazos River Authority endorsing its composting projects. Councilmember Shelton seconded the motion, which passed by unanimous vote. Councilmember Corbin asked that Item A.4. Special Meeting on July 29, 1996 be removed from the consent agenda. Councilmember Corbin made a motion to approve the consent agenda as follows with the exception of Item A.4. Councilmember Hillin seconded the motion, and it passed by unanimous roll call vote. VIIL CONSENT AGENDA A. Approval of Minutes 1. Citizen's Discussion on duly 2, 1996 2. Regular Business Meeting on July 2, 1996 I Special Meeting on July 9, 1996 4. Special Meeting on July 29, 1996 B. Request for Proposal: Depository Contract C. Bid Award on Street Reconstruction Councilmember Corbin pointed out that the minutes of the July 29, 1996 meeting should ' be corrected to reflect that Bill Corbin was absent at that meeting and not present. Thereafter, Corbin moved to approve the minutes of the Special Meeting on July 29, 1996 as corrected. Councilmember Hillin seconded the motion, and the motion passed by unanimous vote. Ix. REPORT ON THE ANNUAL INSTITUTE OF THE ASSOCIATION OF MAYORS, COUNCILMEMBERS, AND COMMISSIONERS, Marshall Shelton Councilmember Shelton attended this institute on July 25-28 and made his report. He told the Council that he received much printed material on a variety of topics and would make these available to anyone interested. Some of the items discussed were sales tax, privatization, civil service, council -staff relations, diversity awareness, electric deregulation, and annexation. He encouraged councilmembers to attend Regional TML meetings. He reported that TML has 8,000 members, and one of the sessions was devoted entirely to their staff and services. Shelton said that he learned that in Texas in the year 2020, 67% of people applying for a new job will be Hispanic. Regular Business Meeting -- August 6, 1996 X. CITY ADMINISTRATOR'S REPORT City Administrator Don Davis announced that he had nothing to report. XI. EXECUTIVE SESSION. At 8:42 p.m., Mayor Pollan recessed the open portion of this meeting, and the Council went into executive session in compliance with the provisions of the Texas Open Meetings Law, Subchapter D, Closed Meeting, §551.072, Local Government Code, Vernon's Annotated Civil Statutes, in accordance with the authority contained in Deliberation Regarding Real Property and §551.071(l)(A) Consultation with Attorney; Closed Meeting, pending or contemplated litigation. . A. Consider the purchase of Lots I and H-2, Block 7, City Addition, and the easterly 40% of Lots D, G, and F, Block 6, City Addition, City of Stephenville, Erath County, Texas. B . Status of purchase of Lots I and H-2, Block 7, City Addition, and the easterly 40% of Lots D, G, and F, Block 6, City Addition, City of Stephenville, Erath County, Texas. C. Status of purchase of Lot A, Block 6, City Addition, City of Stephenville, Erath County, Texas. Mayor Pollan recessed the Executive Session at 9:07 p.m. and called the Council back into open session. XII. ACTION TAKEN ON MATTERS DISCUSSED IN EXECUTIVE SESSION No action was taken by the Council on matters discussed in Executive Session. XIII. ADJOURN There being no further business, Mayor Pollan adjourned the meeting at 9:07 p.m. John llan, Mayor ATTEST: Cindy L tafford, 014 Secretary