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HomeMy WebLinkAbout1992-04-07 - Regular City CouncilMINUTES OF REGULAR MEETING City of Stephenville - City Council TUESDAY, APRIL 7, 1992 - 7:00 P.M. The City Council of the City of Stephenville, Texas, convened in reg- ular session on April 7, 1992 at 7:00 p.m., in the Council Chambers at 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 vmW zELnnnN Sam Taylor II Mayor Pro Tem: Scott Evans William F. (Bill) Johnson Jim Bostic Lavinia Lohrmann Absent: Ray Reynolds 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. ANNUAL AUDIT REPORT. Don Davis, City Administrator, reminded the Council the annual audit had been given to them at the March 24th work session. Sherilyn Svien with Boucher, Morgan & Young was present to answer any questions they might have. No action was taken. III. AMERICAN LEGION TAXES. Attorney Bill Oxford addressed the Council requesting the City to waiver the City ad valorem taxes for 1983, 1984, 1985, and 1986 assessed against the American Legion. City Attorney Randy Thomas advised that there is no legal basis for forgiving delinquent taxes. Councilmember Bill Johnson made the motion, seconded by Councilmember Lavinia Lohrmann, that the City not pursue the collection of delinquent taxes owed to the City of Stephenville by the American Legion for the years 1983 thru 1986 in the amount of $1,953.81. The motion carried UNANIMOUSLY. RESOLUTION NO. 1992-03 WHEREAS, there is no legal basis for forgiving delinquent City taxes; and WHEREAS, the City of Stephenville cannot legally forgive the City taxes assessed against the American Legion for the years 1983-1986. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Stephenville, Texas, does not wish to pursue the collection of City ad valorem taxes assessed against the American Legion for the years 1983 thru 1986 in the amount of $1,953.81. FURTHERMORE, BE IT RESOLVED that the collection officer is hereby authorized to no longer pursue the collection of said taxes. - 162 - PASSED AND APPROVED this the 7th day of April, 1992. IV. CONSIDER SINGLE -MEMBER DISTRICTS. Mayor Swearingen opened the floor for Council discussion. Mayor Swearingen asked the Council to consider the two proposals from consulting firms for services related to the redistricting process. 1) Guinn & Morrison, Waco, Texas, for $18,000-$21,000; and 2) Map Resource, Inc., Austin, Texas, for $9,000 plus legal ^ expenses and additional services and out-of-pocket expenses. He r 1 said he would like for the consultants to make their proposals in "phases" so that, if the single -member district concept is defeated at the polls, the cost would stop. Councilmember Alan Nix commented that he felt a major portion of the money would be spent getting it to the ballot. Councilmember Alan Nix questioned the source of funds for this project. He said, at best, it will cost $9,000 and he did not know where it will come from out of a budget that is already stretched for other things. There are a lot of street repairs and a lot of other things that could use that money, as well as the program on the square that the Planning & Development Committee met on and that would just about handle that. Mayor Swearingen commented that, if the Council does not agree to put single -member districts on a ballot, that's not going to stop the expense. It will come. Councilmember Alan Nix commented that he felt the City Council was elected to represent all the citizens of Stephenville and elected to watch the budget; to decide how the money was spent and where the money was spent. Part of the responsibility for making these decisions means that the members of the Council have to do a lot of work ... a lot of research...a lot of reading to get answers to make correct decisions. In some of the material Mr. Collins presented to us, its clear its going to be quite expensive and quite time consuming to do this. He said he does not feel comfortable spending this much out of the budget without any more justification than I have seen. I have heard a lot of people talk and I have heard a lot of people express opinions, some on one side and some on the other, but no one has convinced me yet that this is what Stephenville needs and I do not believe that the citizens of Stephenville, if they have all the information, which they have not been given yet, will be interested in spending their tax dollars on this matter. I believe that if they do have all the information that they will not be so easily fooled as some people think they will. That they will not accept this because they will not be willing to trade the ability to vote 8 members of the Council for 2 or 3 members of the Council. To me this is an issue that the Council should be able to look at and evaluate because of the power the citizens have given us to study this and other things that we deal with every day. This is not an issue to be taken lightly and I do not and I have spent a lot of time reading, researching and talking to people on it and this seems to be the opinion of the people I talked to. I find it sad that a small group of individuals can get together and decide what is best for a city this size and take it on themselves to force that issue on them. I believe that is what has happened here and that bothers me. It is something the Council should consider when they decide how they're going to vote on this and we have been informed quiet clearly that if you don't do it my way I'll bring a peti- tion and make you do it and that may be true, but I never did respond very well to threats and I still don't. I respect the opinion of the other members of this Council and they are free to vote their conscious and so am I. I believe if the citizens question me about this, I can look them in the eye and tell them that I voted the way I felt like they felt and did my best to represent them on this. - 163 - Councilman Bill Johnson said he would like to endorse Alan's remarks. Councilman Jim Bostic said he endorsed Alan's remarks, but he felt the people should be able to vote, so we really know. Mayor Swearingen said he felt it was important that it be put to a vote. If they don't like single -member districts, it'll never pass. Councilman Sam Taylor said he would like to endorse Alan's sen- timents as well. I am not convinced that it is the will of the ^ majority of the citizens that Stephenville needs single -member f e districts, however, I am convinced of the fact that can get a sufficient number of signatures. It seems that if they can get sufficient number of signatures, then they can also dictate the plan or proposal that is put on the ballot. That is one of the reasons that, although I agree with Alan's sentiments, one advantage of the Council approving it is the Council can develop the plan that will be submitted to the voters. Councilman Scott Evans said he agreed with Alan. He just wanted Alan to know that he will vote a different way tonight, but when the battle begins he will be standing next to Alan because he does not like this idea at all. After considerable discussion, Councilmember Lavinia Lohrmann made the motion, seconded by Councilmember Don Zelman, to pass and adopt a resolution calling for an election, at the earliest possible date, which would call for the election for single - member districts. The motion carried by the following roll call vote: AYES: Councilmembers Lavinia Lohrmann, Jim Bostic, Scott Evans, Sam Taylor, Don Zelman and Mayor George Swearingen. NOES: Councilmembers Alan Nix and Bill Johnson. nABSENT: Councilmember Ray Reynolds. RESOLUTION SINGLE -MEMBER DISTRICTS WHEREAS, a committee of twenty citizens purportedly representing the Community approached the City Council requesting a Charter amendment to allow for single -member districts; and WHEREAS, the City Council does not intend for this resolution to be construed as an endorsement of the concept of single -member districts for the City of Stephenville; and WHEREAS, the Committee has stated they will file a petition mandating an election to amend the Charter for single -member districts; and WHEREAS, the City Council recognizes the likelihood that the Citizens Committee could secure sufficient signatures for a petition mandating the election; and WHEREAS, if the Committee secures a petition, the Committee will determine the plan submitted to the voters rather than the I \ City Council; and WHEREAS, the City Council feels it is their obligation and it is in the City's best interest that the City Council develop the plan submitted to the voters rather than the Committee; and WHEREAS, the City Council recognizes there will be a considerable expenditure of money, time and work associated with pursuing the recommendations of this Committee; and WHEREAS, the City Council has a fiduciary responsibility to the citi- zens as their representatives. - 164 - NOW, THEREFORE, BE IT RESOLVED that the City Council does not by this resolution endorse the idea that a change to single -member districts is in the best interest of the community, but feels a sense of respon- sibility to take the initiative to call the election to protect the interest of the citizenry and to allow the citizens to make the ulti- mate decision. FURTHERMORE, BE IT RESOLVED that the City Council, realizing that some Council Members have reservations about whether there is a desire by the majority of the citizens to have an election and incur the cost related thereto, agrees to call an election to consider changing the Charter to allow for some single -member districts at the earliest ^ possible date. I , PASSED AND ADOPTED this 7th day of April, 1992. V. PERSONNEL COMMITTEE. Councilmember Scott Evans made the motion, seconded by Council - member Alan Nix, to accept and adopt the following changes to the Personnel Policies, as recommended by the Personnel Committee. 1. Changes to the Personnel Policy to comply with the Americans with Disabilities Act. 2. An Harassment Policy 3. A new employment application form. The motion carried UNANIMOUSLY. VI. PLANNING AND DEVELOPMENT COMMITTEE. Councilmember Lavinia Lohrmann made the motion, seconded by Councilmember Sam Taylor, to approve the plan for location of handicapped parking spaces and ramps within the 13 block area around downtown at a cost of approximately $10,000. Said plan to be submitted in next year's budget for implementation, as recommended by the Planning & Development Committee. The motion carried UNANIMOUSLY. VII. CONSENT AGENDA: A. Approval of Minutes of March 3, 1992. B. Bid Considerations: 1. Bid Specifications - Transportation & Disposal of Sand Blasting Materials. 2. Bid #2548 - Award Bid for Front Mounted Mower to Goldthwaites in the amount of $9,087.00. 3. Removal of House on Hutchinson Property. C. Paluxy Expenses D. Appointment of (1) Chris & Mary Guthrie; ( 2 ) Jimmy & Betty Chew; (3) David & Daniella Picha; and (4) Larry & Sharon Branch to the July 4th Family Fun Fair Committee for a period of three (3) years. Items A, B-1, B-3, and C were removed from the Consent Agenda. Councilmember Scott Evans made the motion, seconded by Council - member Sam Taylor, to approve Items B-2 and D of the Consent ( Agenda. The motion carried by the following roll call vote: AYES: Councilmembers Alan Nix, Don Zelman, Sam Taylor, Scott Evans, Bill Johnson, Jim Bostic, Lavinia Lohrmann and Mayor George Swearingen. NOES: None ABSENT: Ray Reynolds. - 165 - ACTION TAKEN ON ITEMS REMOVED FROM THE CONSENT AGENDA. A. Councilmember Sam Taylor made the motion, seconded by Council - member Bill Johnson, to approve the Minutes of March 3, 1992, with the amendment that Item IV -A include that Councilmember Bill Johnson seconded the motion. The motion carried UNANIMOUSLY. B-1. Councilmember Alan Nix made the motion, seconded by Council - member Bill Johnson, to approve the Bid Specifications for transportation and disposal of sand blasting materials, with the addition of a "per ton bid price". Also the addition of ^ insurance requirement for the bidders. The motion carried P ` UNANIMOUSLY. B-3. Councilmember Sam Taylor made the motion, seconded by Council - member Alan Nix, to put the house on the Hutchinson Property up for bids, which would involve the removal of the house and site clean up. The motion carried UNANIMOUSLY. C. Councilmember Scott Evans made the motion, seconded by Council - member Alan Nix, to approve the Paluxy Expenses in the amount of $4,235.61. The motion carried by the following vote: AYES: Councilmembers Alan Nix, Don Zelman, Sam Taylor. Scott Evans, Bill Johnson, Jim Bostic and Mayor George Swearingen. NOES: Councilmember Lavinia Lohrmann. ABSENT: Ray Reynolds VIII. PUBLIC HEARINGS. Mayor George Swearingen opened the floor for a public hearing to (on) consider the following changes to the City Zoning Ordinance: 1 A. Side Yard Setback for Mini -warehouses B. Classifications for Day Care Centers C. Classifications for Family Homes for Disabled Persons D. Definitions of Family Home and Disabled Persons THOSE FOR THE ABOVE CHANGES: NONE THOSE AGAINST THE ABOVE CHANGES: NONE Councilmember Scott Evans made the motion, seconded by Council - member Bill Johnson, to close the public hearing. The motion carried UNANIMOUSLY. No further action was taken. IX. ORDINANCES & RESOLUTIONS. A. Councilmember Scott Evans made the motion, seconded by Councilmember Alan Nix, to pass and approve ORDINANCE NO. 1992-03. AN ORDINANCE AMENDING SUBSECTIONS VIII, IX, X, AND XII OF THE ZONING ORDINANCE OF THE CITY OF STEPHENVILLE, CHANGING SETBACK REQUIREMENTS FOR MINI -WAREHOUSE DEVELOPMENT. The motion carried UNANIMOUSLY. B. Councilmember Scott Evans made the motion, seconded by Councilmember Sam Taylor, to pass and approve ORDINANCE NO. 1992-04, AN ORDINANCE AMENDING SECTIONS IX-IIB, AND XII-IIB OF THE ZONING ORDINANCE OF THE CITY OF STEPHENVILLE BY ADDING THE CLASSIFICATIONS OF "DAY CARE CENTER" AS A CONDITIONAL USE IN A B-2 "SECONDARY & HIGHWAY BUSINESS DISTRICT." The motion carried UNANIMOUSLY. C. Councilmember Scott Evans made the motion, seconded by Councilmember Sam Taylor, to pass and approve ORDINANCE NO. - 166 - 1992-05, AN ORDINANCE AMENDING SECTIONS V-IIA, VI-IIA AND VII-IIA OF THE ZONING ORDINANCE OF THE CITY OF STEPHENVILLE, BY ADDING THE CLASSIFICATION OF "FAMILY HOME" AS A PRIMARY USE IN THE R-1 "SINGLE-FAMILY DWELLING DISTRICT." The motion carried by the following vote: AYES: Councilmembers Alan Nix, Don Zelman, Sam Taylor, Scott Evans, Bill Johnson, Lavinia Lohrmann and Mayor George Swearingen. NOES: Councilmember Jim Bostic. ABSENT: Councilmember Ray Reynolds. D. Councilmember Scott Evans made the motion, seconded by Councilmember Alan Nix, to pass and approve ORDINANCE NO. 1992-06, AN ORDINANCE AMENDING SECTION III OF THE ZONING ORDINANCE OF THE CITY OF STEPHENVILLE BY INCLUDING DEFINITIONS FOR "FAMILY HOME" AND "DISABLED PERSON". The motion carried by the following vote: AYES: Councilmembers Alan Nix, Don Zelman, Sam Taylor, Scott Evans, Bill Johnson, Lavinia Lohrmann and Mayor George Swearingen. NOES: Councilmember Jim Bostic. ABSENT: Councilmember Ray Reynolds. X. CITY ADMINISTRATOR'S REPORT. A. Don Davis, City Administrator, gave the Council a status report on the "Tree Planting Grant - Optimist/Jaycee Park. B. After some discussion, it was the consensus of the Council to let Ronnie and Don pursue the proposal for someone to have a batting cage at the park. XI. CITY COUNCIL/CITIZEN GENERAL DISCUSSION. A. Carl Robinson advised the Council of the Early Voting Procedures. B. Councilmember Bill Johnson asked for and received a status report on the parking around TSU and the painting of the Garfield water tower. There being no other business to come before the City Council, the Mayor adjourned the meeting at 8:30 p.m. AT T: � J-dy6EVPemberton, City Secretary Geo,pTe Swearingen, ayor - 167 -