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Home My WebLink About2018-05-01 - Regular City CouncilCity of Stephenville Cy4he Regular City Council Meeting tE*AS Tuesday, May 1, 2018 at 5:30 PM The City Council of the City of Stephenville, Texas, convened on Tuesday, May 1, 2018, 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 PRESENT: Mayor Kenny Weldon Council Member Mark McClinton Council Member Carla Trussell Council Member Brady Pendleton Council Member Alan Nix Council Member Sherry Zachery Council Member Jerry Warren COUNCIL ABSENT: Mayor Doug Svien Council Member Rhett Harrison OTHERS ATTENDING: Allen Barnes, City Administrator Staci King, City Secretary Randy Thomas, City Attorney 1. Call to Order II. Pledge of Allegiance III. Invocation by Tom Konz, Faith Lutheran Church Mayor Weldon recognized Pastor Konz for his leadership and service to Stephenville. Pastor Konz is retiring from Faith Lutheran Church and moving north to be closer to his children and grandchildren. IV. Regular Agenda 1. Swearing in of Dr. Ken May as Stephenville Police Department Chaplain City Secretary Staci King administered the Oath of Office. Chief Jason King presented Dr. May with a custom -designed Stephenville Police Department badge. 2. Citizens' General Discussion Rabi Basnet addressed the council regarding the new game room ordinance. Mayor Weldon suggested that Mr. Basnet schedule a meeting with staff to discuss his concerns lin more detail. 3. Request for Waiver of Lien on the Property Located at 108 East Road Council received a request from Mr. Carl Holland, owner of the property at 108 East Road, for a waiver of the lien and interest against his property. Mr. Holland stated that he was unaware of the lien dated July 25, 2015, until he attempted to sell his property in December 2015. He stated that he had never received a letter indicating that a lien had been placed on his property, or that the building on the property would be demolished. Mr. Holland had previously met with city staff, who had agreed to waive the interest but informed him that council action was required for anything further. Mr. Holland stated that personal property was also destroyed when the city demolished the structure. He stated that he was notified that he needed to demolish a structurally - unsound structure, and he felt he had taken down the part of the structure that was unsound. He stated that the city demolished the entire structure after he felt he had remedied the situation. He stated that he has had problems selling his property due to the lien. MOTION by Brady Pendleton, second by Mark McClinton, to forgive the interest on the lien, but leave the principal owed intact. MOTION by Mark McClinton to amend the motion by adding a six-month period after which the interest would begin to accrue again. Motion failed for lack of a second. MOTION returns to forgiving the interest on the line, but leaving the principal owed intact. Ayes: Mark McClinton, Brady Pendleton, and Jerry Warren Noes: Carla Trussell, Alan Nix, Sherry Zachery, and Kenny Weldon MOTION FAILED. MOTION by Carla Trussell, second by Alan Nix, to forgive the principal and interest of the lien against the property located at 108 East Road. MOTION CARRIED by the following votes: Ayes: Carla Trussell, Alan Nix, Sherry Zachery, and Jerry Warren Noes: Mark McClinton and Brady Pendleton 4. Consider Approval of Resolution No. 2018-R-06 Authorizing Membership in the Steering Committee of Cities Served by Oncor MOTION by Alan Nix, second by Mark McClinton, to approve Resolution No. 2018-R-06 authorizing membership in the Steering Committee of Cities Served by Oncor. MOTION CARRIED by unanimous vote. 5. Consider Approval of Resolution No. 2018-R-07 Finding that Oncor Electric Delivery LLC's Application for Approval of a Distribution Cost Recovery Factor Should be Denied MOTION by Mark McClinton, second by Alan Nix, to approve Resolution No. 2018-R-07 finding that Finding that Oncor Electric Delivery LLC's pplication for Approval of a Distribution Cost Recovery Factor Should be Denied MOTION CARRIED by unanimous vote. City Of Stephenville City Council - 01 May 2018 Page 2 of 9 V. Planning and Zoning Commission 1. CASE NO.: SV2018-001 Applicant Beau Mayo is requesting a subdivision waiver from section 6.20 Park Land Design, Dedication, and Fees for the development to be constructed at 1000 Old Hico Rd. Jeremy Allen, Director of Planning and Building Services, explained that there have been developments in the past that were not charged the park land dedication fee, but this was done under prior directors without proper authority or council approval. MOTION by Brady Pendleton to waive the park land dedication fee. MOTION FAILED for lack of second. MOTION by Sherry Zachery, second by Mark McClinton, to deny the waiver, but allow the park land dedication fees to be paid at such a time as a Certificate of Occupancy is requested. MOTION CARRIED by unanimous vote. 2. CASE NO.: SV2018-002 Applicant Beau Mayo is requesting a subdivision waiver from section 6.04 H. Street Design Criteria for the development to be constructed at 1000 Old Hico Road. Beau Mayo, applicant, was present to speak in favor of waiving the requirement. Discussion occurred regarding if it was the responsibility of the developer or the city to upgrade existing infrastructure when the city has failed to invest in or properly maintain the street. Jeremy Allen stated that staff only has the ability to follow the ordinance; anything outside of that must be approved by council or the ordinance would have to change. MOTION by Brady Pendleton, second by Carla Trussell, to approve the request for waiver from the Subdivision Ordinance, Section 6.04(H). Ayes: Brady Pendleton and Carla Trussell Noes: Mark McClinton, Alan Nix, Sherry Zachery, and Jerry Warren MOTION by Mark McClinton, second by Sherry Zachery, to deny the request for waiver from the Subdivision Ordinance, Section 6.04(H). MOTION CARRIED by the fallowing votes: Ayes: Mark McClinton, Alan Nix, Sherry Zachery, and Jerry Warren Noes: Carla Trussell and Brady Pendleton 3. CASE NO.: SV2018-003 Applicant Beau Mayo is requesting a subdivision waiver from Section 6.04 Streets. M. 1. A six (6) inch standard curb shall be constructed on both sides of all streets for the (ff development to be constructed at 1000 Old Hico Road. City Of Stephenville City Council - 01 May 2018 Page 3 of 9 Mr. Mayo addressed the council in regard to all of the requests he had before council. He 111 l stated that he felt that developers were being unfairly targeted and that, in his opinion, the property taxes that property owners paid should cover these types of improvements, and it shouldn't be the responsibility of the developer. MOTION by Alan Nix, second by Jerry Warren, to deny the waiver request from the Subdivision Ordinance Section 6.04(M)(1). MOTION CARRIED by the following votes: Ayes: Mark McClinton, Alan Nix, Sherry Zachery, and Jerry Warren Noes: Carla Trussell and Brady Pendleton 4. CASE NO.: SV2018-004 Applicant Beau Mayo is requesting a subdivision waiver from Section 6.04. K Street and Alley Requirements. a. ii. In addition, a five foot (S') wide sidewalk is required on the developing side of the street to provide pedestrian safety and to meet the requirements of the Americans with Disabilities Act (ADA). MOTION by Mark McClinton, second by Carla Trussell, to approve a waiver from the Subdivision Ordinance, Section 6.04(K). MOTION CARRIED by unanimous vote. VI. Public Works Committee 1. Committee Report Alan Nix, chairman, gave the report to council. Mr. Nix advised that other than the items that are being considered for action, the committee also met in executive session to discuss the solid waste collection contract. Allen Barnes, City Administrator, was authorized to negotiate the solid waste collection contract which will be presented to council for approval at a later date. 2. Consider Approval of a Professional Services Agreement with Freese and Nichols, Inc. for the Spring Bouquet Drainage Study MOTION by Alan Nix, second by Mark McClinton, to approve a professional services agreement with Freese and Nichols, Inc forthe Spring Bouquet Drainage Study. MOTION CARRIED by unanimous vote. 3. Consider Approval of a Professional Services Agreement with Tank Industry Consultants, Inc for the Garfield Ground Storage Tank Rehabilitation Project MOTION by Alan Nix, second by Mark McClinton, to approve a professional services agreement with Tank Industry Consultants, Inc. for the Garfield Ground Storage Tank Rehabilitation Project. MOTION CARRIED by unanimous vote. 4. Consider Approval of a Professional Services Agreement with Heart of Texas Inspection Services for the Garfield Ground Storage Tank Rehabilitation Project MOTION by Alan Nix, second by Mark McClinton, to approve a professional services agreement with Heart of Texas Inspection Services for the Garfield Ground Storage Tank Rehabilitation Project. City Of Stephenville City Council - 01 May 2018 Page 4 of 9 MOTION CARRIED by unanimous vote. VII. Public Health and Safety Committee 1. Committee Report Brady Pendleton, chairman, gave the report to council. 2. Consider Approval of Ordinance No. 2018-0-18 Regarding Credit Access Businesses MOTION by Brady Pendleton, second by Mark McClinton, to approve ordinance No. 2018- 0-18 regarding credit access businesses. The committee had recommended that the ordinance be presented to council as -is, but that concerns about distance between credit access businesses should be addressed by council at the regular meeting. Chief King presented council with what 1000 feet would look like based on the locations of current businesses; the ordinance, as presented, requires a distance of no less than 5000 feet between businesses. MOTION by Brady Pendleton, second by Sherry Zachery, to amend section 119.10 by striking "5000 feet' and replacing it with "1000 feet'. AMENDMENT CARRIED. Chief King stated that the ordinance also requires a registration fee, and that fee is not specified in the ordinance. Brady Pendleton asked that the motion be withdrawn and that the item be tabled until the next regular city council meeting. MOTION by Brady Pendleton, second by Alan Nix, to table the ordinance. MOTION CARRIED by unanimous vote. 3. Consider Approval of Ordinance No. 2018-0-19 Amending the City of Stephenville Parking Ordinance MOTION by Brady Pendleton, second by Mark McClinton, to approve Ordinance No. 2018-0-19 amending the City of Stephenville parking ordinance. MOTION CARRIED by unanimous vote. Vill. Finance Committee Report 1. Committee Report Doug Svien, chairman, was not present to give the report. No action was taken by the Finance Committee at their meeting. IX. Personnel Committee 1. Committee Reports Mark McClinton, Chairman, gave the report. City Of Stephenville City Council - 01 May 2018 Page 5 of 9 2. Council member Pendleton left the meeting at 7:15 p.m. X. MONTHLY BUDGET REPORT 1. Financial Report for the Period Ending March 31, 2018 SR-18-040 In reviewing the financial statements ending March 31, 2018, the financial indicators are as or better than expected. • Property Tax We received $305K in property taxes in the month of March, resulting in a $501K increase over funds collected through March 31st of last year. Erath County normally collects 96.5% of the property taxes for Stephenville through March; the amount collected this year is 97.27% of budget. • Sales Tax We received $470K in sales tax in March, resulting in $159K over the target budget through March 31st. We have received $64K or 2.17% more than last year. • Revenue (Budgetary comparison) The target budget for operating revenue is $11.9 million. We received $14.4 million in revenue, resulting in $2.49 million over budget. This is a result of property taxes, which are billed in October and due by January 31st. • Expenditures (Budgetary comparison) The target budget for operating expenditures is $9.7 million. We expended $8.8 million, resulting in $875K under budget. • Revenue (Prior year comparison) Operating revenue received last year was $13.9 million as compared to the current year's $14.4 million, resulting in a $531K increase due to property taxes and sales taxes. • Expenditures (Prior year comparison) Operating expenditures last year were $8.8 million as compared to the current year's $8.8 million, resulting in a minor $2,000 decrease. • New Programs The drive for the South Secondary Clarifier at the Wastewater Treatment Plant has been ordered. $17,305 of the $875,000 for street pavement maintenance has been spent as of March 31st. XI. Stephenville Type B Economic Development Authority Update Ashleigh Feuerbacher, Director of Marketing and Administration, gave the following updates: Current Projects City Of Stephenville City Council - 01 May 2018 Page 6 of 9 • Project Blue — call to TDA and call to project developer for next site visit and meetings. • Project Christy Plaza • Project/Infrastructure @ W. Washington • Project HS — student housing / multi purpose bldg. developer. • Keewaydin Development —follow ups • Historic Tax Credit Program — call to office for information • (3) Additional Retail Projects Business Retention and Expansion • Project Summer • SEDA Spotlight May, Invitation to Tejas Tubular • Workforce - SISD appt.. On 4/24/18 and follow thru • TWC / Adam Kern is on an addressing the above Activities with Our Partners • STEDCO— monthlyboardmeeting • Chamber of Commerce and STEDCO — hosted Area Industry Meeting • Downtown Merchant Association — hosted SEDA and Tourism to a wayfinding sign meeting • Tourism — 4/27/18 meeting held to discuss rural tourism audit and the wayfinding sign initiative from downtown merchants • Office of the Governor— RFI and invitation to attend 2 more events WCX 2018 • Total Booth leads at 61 • Follow Up calls with 3 specific to central Texas • Relationships with Oncor and EDO'S from across the State. SEDA Office Calendar • May 2ndIEDC webinar • May 4th Sales Tax Workshop, Waco Texas • May 5thDowntown Merchants — Farmers Market • May 7th National Economic Development Week • May* Arrangements for new Executive Director • JUNE Join Work Session (please check Tuesday the 18th or Thursday the 21st) XII. CONSENT 1. Consider Approval of Council Minutes Regular City Council Meeting - 03 Apr 2018 Special City Council Meeting - 17 Apr 2018 Special City Council Meeting - 24 Apr 2018 Special City Council Meeting - 20 Mar 2018 2. Consider Changing Date of the Regular June Council Meeting to June 12, 2018 MOTION by Mark McClinton, second by Alan Nix, to approve the consent agenda as City Of Stephenville City Council - 01 May 2018 Page 7 of 9 presented. MOTION CARRIED by unanimous vote. XIII. Comments by City Administrator • Tuesday, May 15 - Canvass Election and Reception for Outgoing Members • Thursday, May 17 - Council Committee Meetings • Last day of early voting is Saturday, May 5 from 7 a.m. to 7 p.m. XIV. Comments by Council members Mark McClinton encouraged everyone to get out and vote on Saturday, as well as visit the Downtown Farmer's Market - especially the lady with the lemon -blueberry scones. Mr. McClinton wanted to recognize the volunteers that showed up and braved the cold, windy weather to work on Bill Johnson Park. He also recognized Keep Stephenville Beautiful, Carron Trussell, Jen Basham, and Jesus Coronado. Council members McClinton, Carla Trussell, Alan Nix, and Sherry Zachery all expressed their appreciation for the outstanding service of Jerry Warren and Mayor Weldon to the City of Stephenville and its residents. Jerry Warren expressed that he has enjoyed his time serving on the council. Mayor Weldon began by thanking first responders for their service and professionalism. He ^ thanked the council for their work on the more difficult issues that came before the council and Etj 1] appreciated the dialogue that came from it. Mayor Weldon also thanked Jerry Warren for his service on the council. XV. 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 551.072 - Deliberations Regarding Real Property • Lease of Office Space 2. Section 551.074 Personnel Matters • City Administrator's Contract • Stephenville Type B Economic Development Director The meeting was called into executive session at 7:38 p.m. XVI. Action taken in executive session (if necessary) The meeting was called back into regular session at 9:09 p.m. MOTION by Mark McClinton, second by Alan Nix, to authorize the negotiation of a contract for the lease of office space. MOTION CARRIED by unanimous vote. MOTION by Alan Nix, second by Carla Trussell, to approve the city administrator's contract as presented. MOTION CARRIED by unanimous vote. City Of Stephenville City Council - 01 May 2018 Page 8 of 9 I MOTION by Mark McClinton, second by Carla Trussell, to confirm the Stephenville Type B 111 999 Economic Development Authority's Board of Director's appointment of Jeff Sandford as Executive Director for SEDA. MOTION CARRIED by unanimous vote. XVII. Adjourn The meeting was adjourned at 9:11 p.m. C��y �F, i T rn4f Doug Svlen, Mayor ATTEST: Staci L. Ki , City Secretary City Of Stephenville City Council - 01 May 2018 Page 9 of 9