Loading...
HomeMy WebLinkAbout1992-01-07 - Regular City CouncilMINUTES OF REGULAR MEETING City of Stephenville - City Council TUESDAY, JANUARY 7, 1992 - 7:00 P.M. The City Council of the City of Stephenville, Texas, convened in special session on January 7, 1992 at 7:00 p.m. in the Council Chambers of City Hall, 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 Alan Nix Sam Taylor II Mayor Pro Tem: Scott Evans Ray Reynolds William F. (Bill) Johnson Jim Bostic Lavinia Lohrmann Absent: None Others Attending: Don Davis City Administrator Joyce Pemberton City Secretary Randy Thomas City Attorney Bettye Springer Co -Counsel I. Mayor George Swearingen called the meeting to order and declared a quorum present. Mayor Swearingen, with the consent of the Council, moved the Executive eo�1 Session from the last item on the agenda to the first. IX. EXECUTIVE SESSION in compliance with the provisions of the Texas Open Meetings Law, authorized by: Section 2(e) (Private consultation between the City Council and its attorney to discuss pending or contemplated litigation). A. Discussion with City Attorney, Randy Thomas, and Co -Counsel, Bettye Springer, regarding the appeal of the District Court's decision in the Civil Service Suit; i.e., Jerry Walker vs. City of Stephenville. ACTION TAKEN on matters discussed in Executive Session. Councilman Sam Taylor made the motion, seconded by Councilman Scott Evans, that in the Case of Jerry Walker vs. the City of Stephenville, the City Council approve the appeal of that cause of action and the decision of the trial judge in that case until further action of this Council deciding against the further proceeding of the appeal or until the case is appealed to the Supreme Court of Texas. The motion carried by the following roll call vote: AYES: Councilmembers Alan Nix, Sam Taylor, Scott Evans, Ray Reynolds, Bill Johnson, Jim Bostic, Mayor George Swearingen. ^ NOES: Councilmember Lavinia Lohrmann. F 1 II. PRESENTATION OF EMPLOYEE SERVICE AWARDS. A. Ted Helms - 15 years - Police Department Due to the absence of Officer Ted Helms, this item was postponed until a later date. III. PERSONAL APPEARANCES BY CITIZENS. - 143 - A. Chamber of Commerce Executive Director, Billy Mobley, presented the annual Hotel/Motel Tax Budget to the Council. He stated the Chamber of Commerce is working diligently to promote Stephenville. Mr. Mobley stated, work is currently underway to secure the NAIA National Basket- ball Tournament. New programs for 1992 include the hot air balloon ride, bridge tournaments, special olympics, and the coaches and trainers clinic. He went on to say he felt that these events and others will bring much revenue to our City. Mr. Mobley also explained that the six man football game would not be held in Stephenville this year. However, the Chamber of Commerce is working very hard to get this program back on the agenda. He stated /1 that the six man football game produced the most revenue in Stephen- ville. Councilman Alan Nix made the motion, seconded by Councilman Bill Johnson, to approve the annual Hotel/Motel Tax Budget as presented. The motion carried UNANIMOUSLY. IV. MATTERS BY COUNCILMEMBERS. A. Mayor Swearingen opened the floor for discussion regarding the closing of Lillian and Vanderbilt Streets. Councilmember Lavinia Lohrmann stated the Planning & Zoning Commission unanimoulsy voted not to close these streets and feels the Council should not over turn their recommendation. Councilmember Ray Reynolds asked to be brought up to date on this matter since the item was tabled in November. Don Davis, City Administrator, stated several meetings were held with Tarleton State University; however, no action has been taken since the November meeting. Councilmember Reynolds asked if there was any urgency to make a motion on this decision. The Mayor stated if TSU was interested they would have done something concerning this matter. Councilman Bill Johnson made the motion, seconded by Councilmember Lavinia Lohrmann, that Lillian and Vanderbilt Streets not be vacated ^ or closed for any reason. The motion carried by the following vote: 1 AYES: Counciimembers Alan Nix, Sam Taylor, Scott Evans, Bill Johnson, Jim Bostic, Lavinia Lohrmann and Mayor George Swearingen. NOES: Councilmember Ray Reynolds. V. COMMITTEE REPORTS. A. Damage Claims Committee Report. Mayor George Swearingen reported the decisions of the Damage Claims Committee. 1. JESS WHELCHEL, 737 W. FREY STREET: The Committee's recommendation is to reject the claim. The Committee did not feel the City had any liability. Councilman Sam Taylor asked to be briefed on the incident. Mayor George Swearingen reported that a City police officer was doing a good deed for a citizen in assisting with a dead batter. After lowering the hood of the car, the citizen accused the officer of denting the hood and filed for damages. Councilman Scott Evans made the motion, seconded by Councilman Bill Johnson, to reject the claim filed by JESS WHELCHEL, 737 W. Frey St., /1 for damage to the hood of his car in the amount of $235.81, as recommended by the Committee. The motion carried UNANIMOUSLY. 2. JASON TUGWELL HCR 51 BOX 62, claimed reimbursement for four days storage at 10.00 per day for his vehicle. Mayor George Swearingen stated the Committee's recommendation is to reject this claim. Councilmember Sam Taylor asked to be briefed on the conditions leading to this claim. Chief of Police, Jim Wade, reported the car was declared a junk vehicle and towed to a storage facility. - 144 - Councilman Scott Evans made the motion, seconded by Councilman Sam Taylor, to reject the claim filed by JASON TUGWELL, HCR 51, Box 62, for four days storage @ $10.00/day ($40.00), as recommended by the Committee. The motion carried UNANIMOUSLY. B. Councilmember Lavinia Lohrmann delivered the PLANNING & DEVELOPMENT COMMITTEE REPORT. The FIRST ITEM on the report was for the Council to review the Rules and Procedures Handbook for any changes, additions or deletions. SECOND, the Committee recommended the Patterson property not be pursued any further. The Committee feels the property is not suitable for /1 purchase. 1 Councilmember Lavinia Lohrmann made the moition, seconded by Bill Johnson, not to pursue the purchase of the Patterson Property any further. The motion carried by the following vote: AYES: Councilmembers Alan Nix, Ray Reynolds, Bill Johnson, Jim Bostic, Lavinia Lohrmann and Mayor George Swearingen. NOES: None ABSTAINED: Councilmembers Sam Taylor and Scott Evans, due to a conflict of interest. THIRD, the Committee has no recommendation on the Jack Berry property and is requesting Council discussion and a decision tonight. Mayor George Swearingen asked the Council for a motion concerning this property. Councilman Bill Johnson made the motion that the City Council consider the pursuit of the purchase of the Jack Berry (Birdsong) property under the best possible terms, in the future. Seconded by Councilmember Lavinia Lohrmann. Councilman Alan Nix commented that the Planning & Development I 1 Committee had looked at this proposal from several different options. None of these options have been presented to the Council. He suggested that, before a vote is taken on the above motion, Mrs. Lohrmann might choose to put this on an agenda for discussion in an executive session, in which some of these options and figures could be discussed to update all of the Council to where the Committee is. Councilman Ray Reynolds made the motion to table the above motion, made by Councilman Bill Johnson and seconded by Councilmember Lavinia Lohrmann, until the February meeting when it can be presented in either an open or executive session. Seconded by Councilmember Alan Nix. The motion carried by the following vote: AYES: Councilmembers Alan Nix, Sam Taylor, Scott Evans, Ray Reynolds, Bill Johnson, Lavinia Lohrmann, Mayor George Swearingen. NOES: Councilmember Jim Bostic. VI. CONSENT AGENDA: Councilmember Scott Evans made the motion, seconded by Councilmember Bill Johnson, to approve the Consent Agenda as presented, with the exceptions of Items B, D(5), D(7), E and F. The motion carried UNANIMOUSLY by a roll call vote. F j A. APPROVAL OF MINUTES: December 3rd and December 19th, 1991. C. Approval of the Geotechnical Proposal for Improvements at the Waste- water Treatment Plant. Contract awarded to Terra -Mar in Fort Worth In the amount of $8,260.00 D. BID CONSIDERATIONS: - 145- 1. Bid #2541A - Purchase as required the annual supply of aggregate & base material for the Street Department. Contract awarded to VULCAN MATERIALS, 3509 Hulan St, Ft. Worth, TX in the amount of $ 9.17/ton purchased on as needed basis 2. Bid #2541B - Purchase as required the annual supply of asphalt for the Street Department. Contract awarded to SOUTHERN ASPHALT, 3632 Lawnwood, Ft.Worth, TX r Asphalt Emulsion MS-2 = $ .546/gal in the amount of Asphalt AC-5 = $ .4213/gal Cutback Asphalt RC250 = $ .627/gal 3. Bid #2540 - Purchase of one Dump Truck for the Street Department. Contract awarded to BRUNER MOTORS, Stephenville, TX in the amount of $ $24,600.06 (1992 Medium Duty) + title & Lic.fees 4. Bid #2542 - Purchase of men's uniforms for use by the Utilities Division and the Community Services Division. Contract awarded to in the amount of $ Based on the breakdown listed above. 6. Approval of specifications for purchase of annual supply of chemi- cals for water department. IV. ITEMS REMOVED FROM CONSENT AGENDA: B. Change Order #2 - Garfield Water Tank Repairs. Don Davis, City Administrator, reported change orders have been signed by the Mayor in the past, without Council approval. He went on to declare that future change orders will be presented to the Council for approval. Mr. Davis then presented Change Order #2 for a increase in the original contract in the amount of $21,459 to the Council. Councilman Evans stated the first change order should never have been signed without Council approval. Councilmen Taylor and Bostic agreed. Discussion focused on not paying the contractor for the work performed which was not satisfactory. Councilmember Alan Nix made the motion, seconded by Councilmember Bill Johnson, to delay approval of Change Order #2 until the City Attorney reviews the original contract. The motion carried UNANIMOUSLY. D(5). Bid #2543 - Purchase of an ambulance. Don Davis, City Administrator, stated he received a letter from Harris Methodist Hospital which differed with the City's proposal; i.e., this would be an exclusive contract. In other words, the City of Stephen- ville would be given the first opportunity to respond. Councilman Taylor noted the minimum notice requirement of 120 days for termination of this agreement. He said this was not what the City had proposed and, in his opinion, should be changed to the City's original proposal. The Council agreed. After more discussion, no action was taken - 146 - The Mayor suggested that the City Administrator work with the hospital on the wording of this contract to get what, he feels, the Council wants. Then, if action needs to be taken before the February meeting, he will call a special meeting. D(7). Bid Specifications for Police Patrol Vehicles. Councilman Bill Johnson asked why there were specifications for full size utility vehicles 4 x 2? Don Davis, City Administrator, explained that the Police Department would like to purchase a terrain vehicle, if the price is in keeping ^ with the sedan which are purchased annually. When the bids are brought f a back to the Council, there will be some dollar figures and recommen- dations at that time and see which is the most cost effective at that time. Councilman Sam Taylor made the motion, seconded by Councilman Scott Evans, to approve the bid specifications for three patrol vehicles as presented. The motion carried UNANIMOUSLY. E. Ordinance No. 1992-01 - Providing parking regulations for areas around TSU. Councilman Alan Nix commented that he would like to read the ordinance before voting on it. Councilmember Lavinia Lohrmann commented that she was opposed to taking a vote on this ordinance. She did not want to have to read the ordi- nance now and not understand what she is reading. Councilmember Lavinia Lohrmann moved to postpone the vote on this ordinance until the next meeting. Seconded by Councilman Scott Evans. The motion carried by the following vote: AYES: Councilmembers Alan Nix, Scott Evans, Ray Reynolds, Bill Johnson, Jim Bostic, Lavinia Lohrmann, and Mayor George Swearingen. 1 NOES: Councilmember Sam Taylor. F. Paluxy Project Expenditures. Councilmember Lavinia Lohrmann noted that the balance in the Unrestricted Cash Reserve had gone from a negative balance to a positive cash balance of $68,525.02. Joyce Goodman, Director of Personnel, stated this balance fluctuates daily, depending on deposits and withdrawals made by the City. Councilmember Ray Reynolds moved to approve expenditures for the Paluxy Project as presented. Seconded by Councilmember Sam Taylor. The motion carried by the following vote: AYES: Councilmembers Alan Nix, Sam Taylor, Scott Evans, Ray Reynolds, Bill Johnson, Jim Bostic and Mayor George Swearingen. NOES: Councilmember Lavinia Lohrmann. VII. CITY ADMINISTRATOR'S REPORT: Don Davis, City Administrator, stated his report (Council agenda) was self explanatory and no discussion was needed. VIII. CITY COUNCIL/CITIZEN GENERAL DISCUSSION: Councilmember Lohrmann stated she did not feel any Council or staff money should be spent toward the TML Regional meeting in Benbrook. She explained this does not concern the City of Stephenville. XI. ADJOURNMENT: There being no other business to come before the Council, the meeting was adjourned at 8:50 p.m. - 147 - AT yce emberton, City Secretary Wk eorge earingen, Mayor - 148 -