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HomeMy WebLinkAbout1992-10-06 - Regular City CouncilMINUTES OF REGULAR MEETING City of Stephenville - City Council TUESDAY, OCTOBER 6, 1992 - 7:00 P.M. The City Council of the City of Stephenville, Texas, convened in reg- ular session on October 6, 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: /1 Mayor: Lavinia Lohrmann 1 Mayor Pro Tem: Scott Evans Councilmembers: Alan Nix Donald L. Zelman Sam Taylor II George Swearingen William F. (Bill) Johnson Dan Collins Bill Bailey Absent: None Others Attending: Don Davis, City Administrator Joyce Pemberton, City Secretary Randy Thomas, City Attorney I. CALL TO ORDER: Mayor Lavinia Lohrmann called the meeting to order and declared a quorum present. II. REQUEST FROM FIBERGRATE FOR AN AMENDMENT TO BUILDING CODE - Bill Corbin Virgil Aukes, President of Fibergrate , and Bill Corbin, Manager of Fibergrate, presented a request for an amendment to the City's Building Code, which would increase the allowable square footage in the H-2 class manufacturing building by 1,500 square feet. David Dickerson also spoke in favor of this amendment. After a lengthy discussion, Councilman Dan Collins made the motion, seconded by Councilman Bill Bailey, to amend the ordi- nance to allow for a square footage that satisfies Fibergrate's current request (1,500 square feet). The motion did not carry by the following vote: AYES: Mayor Lavinia Lohrmann, Councilmen Dan Collins and Bill Bailey. NOES: Councilmen Alan Nix, Don Zelman, Sam Taylor, Scott Evans, George Swearingen and Bill Johnson. III. PLANS & SPECIFICATIONS FOR THE NORTHEAST AREA INTERCEPTOR SEWER OUTFALL MAIN - Schrickel, Rollins & Associates, Inc. Al Rollins, representing Schrickel, Rollins & Associates, advised the Council that the plans for the Northeast Interceptor Sewer Outfall main have been completed and approved. Mr. Rollins said he was ready to go out for bids now. They will open bids on November 12 and have recommendations for Council con- sideration at the December 1st council meeting. He estimates the start of construction some time in January or February, with complete the main interceptor in late summer and complete the rest of the work by December 1993. This will bring the City into compliance with the latest time schedule that has been submitted to the EPA. Councilman George Swearingen made the motion, seconded by Councilman Bill Johnson, to approve the plans and specifications - 204 - for the Northeast Area Interceptor Sewer Outfall Main, as sub- mitted by Schrickel, Rollins & Associates, to update the sewer system. The motion carried UNANIMOUSLY. IV. EXTENSION OF CONTRACT WITH L & W PAVING CO. Don Davis, City Administrator, advised the Council that L. & W Paving Company has agreed to extend to the City the same unit prices bid this past summer. We would like to continue with the present reconstruction program out of the Street Department's operating budget for as long as the weather will allow. This would allow us to sell the street bonds, get the money, and continue this program next spring. r 1 Councilman Scott Evans made the motion, seconded by Councilman Dan Collins, to approve the extension of the contract with L & W Paving Company and approve the street reconstruction program, as outlined by Mr. Davis. The motion carried UNANIMOUSLY. V. CONTRACT WITH STEPHENVILLE I.S.D. FOR D.A.R.E. OFFICER. Don Davis, City Administrator, explained this is an agreement with the Stephenville Independent School District to continue the City's participation in the D.A.R.E. program. The SISD does reimburse the City for Sgt. Miller's salary. Councilman Scott Evans made the motion, seconded by Councilman Alan Nix, to approve the contract with the Stephenville ISD for the D.A.R.E. program. The motion carried UNANIMOUSLY. VI. COMPENSATION POLICY FOR VOLUNTEER FIREFIGHTERS Don Davis, City Administrator, explained that this is an unwrit- ten policy, in which the City provided a benefit to the volunteer firefighters to provide them with water up to a cap of 240,000 gallons per year. He said there was some concern about the ongoing liability of this policy. It is being recom- mended that a policy be approved that would discontinue this /1 benefit for any new volunteer fire fighters that come onboard I after the adoption of the policy. It would continue to extend this benefit to those who are eligible, which would be any active volunteer or any volunteer who had qualified for retire- ment under their retirement policy. Essentially, this will stop this policy from perpetuating itself over the years and, through attrition, gradually eliminate this benefit for the paid person- nel, without affecting those who entered into the program with the understanding that this would be granted to them in award of their efforts. Dan Rivers, volunteer Fire Chief, addressed the Council stating that he did not have a problem with the policy as stated by Mr. Davis. He said the "free" water was all the volunteers receive for helping the city. He said he did not think it would have a big impact on recruiting new volunteers. Mayor Lavinia Lohrmann commented that, considering the water conservation plan, the Council might consider lowering the amount of water allowed annually. She said 20M gallons per month seemed like a lot of water per household. Councilman George Swearingen commented that he had checked on the average water consumption on residents in Stephenville. The average consumption is between 7M and 9M gallons per month. He r"\ felt it would be reasonable to cut the 20M/mo to 10M or 12M gallons per month. Also, there is 6 paid firemen who are eli- gible for the "free" water. He said he would recommend that the paid firemen be taken off the "free" water, as they are paid overtime if they are called back on a fire call. He recommended cutting the water allowance to no more than 12M gallons, pro- bably 10M gallons, per month, which is more than the average resident uses. Any new volunteers would not qualify for it. Councilman Don Zelman made the motion, seconded by Councilman Bill Johnson, to adopt the policy of not providing "free" water - 205 - for new volunteers and cut the existing ration to those currently receiving "free" water to 12M gallons per month. Also, that the paid firemen not be included for the "free" water benefit. Councilman Scott Evans suggested that Mr. Rivers talk to his men about using this money for the training facility instead of furnishing the water. Councilmen Don Zelman and Bill Johnson withdrew their motion and second. It was the consensus of the Council to assign this item to the Public Health and Safety Committee for further study. VII. PLAN OF PROCEDURES FOR SINGLE MEMBER DISTRICTS Don Davis, City Administrator, commented that there have been some inquiries from the Council and some discussion among the Council as to whether to proceed or not proceed; if so, how to approach it and the dollars that are involved. The staff needs some direction on how the Council wants to proceed with the single -member district issue. After a lengthy discussion, Councilman Dan Collins moved to instruct Mr. Davis to find the best bid on bringing this process to a vote; report to the Council on the best bid and let the Council instruct him to proceed further after we see the bid. Seconded by Councilman Scott Evans. The motion carried by the following vote: AYES: Councilmen Don Zelman, Sam Taylor, Scott Evans, George Swearingen, Dan Collins, and Mayor Lavinia Lohrmann. NOES: Councilmen Alan Nix, Bill Johnson and Bill Bailey. VIII. PLANNING & ZONING COMMISSION A. FINAL PLAT OF A REPLAT OF LOT 1, BLOCK 10, GOLF COUNTRY ESTATES B. FINAL PLAT OF A REPLAT OF LOTS 19 THRU 26, BLOCK 18, GOLF COUNTRY ESTATES C. A REPLAT OF PART OF LOT 6, BLOCK 35, SOUTH SIDE ADDITION D. THE SITE DEVELOPMENT PLAN OF 0.757 ACRES OF THE JOHN BLAIR SURVEY. (Frey and Race Streets) Councilman Sam Taylor moved approval collectively all the final plats and the site development plan, as listed above in Item VIII of the agenda, seconded by Councilman Dan Collins. The motion carried by the following vote: AYES: Councilmen Don Zelman, Sam Taylor, Scott Evans, George Swearingen, Bill Johnson, Dan Collins, Bill Bailey and Mayor Lavinia Lohrmann. NOES: None ABSTAIN: Councilman Alan Nix (due to a conflict of interest) o"IX. PLANNING & DEVELOPMENT COMMITTEE REPORT A. Revise Fees For Building & Development Permits Councilman Sam Taylor moved approval of the revision of the fee schedule for building and development permits as recom- mended by the Planning & Development Committee. Seconded by Councilman Don Zelman. The motion carried UNANIMOUSLY. Preliminary Plat $10/plat + $1.00/lot To $100/plat + $5.00/lot Final Plat $20/plat + .500/lot To $100/plat + $5.00/lot - 206 - Replat $20/plat To $100/plat Site Development Plan $20/plan To $100/plan X. WATER PLANNING COMMITTEE REPORT Councilman Scott Evans, Chairman of the Water Planning Committee, reported: A. The E.P.A.'s deadline for completing the Northwest Sewer Outfall Line by July, 1993 has been changed to November, 1993. B. Several members of the Committee attended the Texas water Commission public hearing in Austin. One of their agenda items that related to our stream standards for discharge of our effluent out of our wastewater treatment plant. we were successful in having those stream standards amended, so that our new wastewater treatment plant will be able to meet that criteria. C. There was not much to report on the Paluxy Reservoir. Jim Shackleford, President of the Somerville Water District, has been sick, therefore, there has not been a lot of progress on that this summer. D. The Committee is recommending that the City apply for a Community Development Block Grant for the Clifton Heights area. NO ACTION TAKEN/NEEDED. XI. CONSENT AGENDA: A. APPROVAL OF MINUTES: September 1, 1992 B. RESOLUTION REQUESTING FINANCIAL ASSISTANCE FROM WATER DEVELOPMENT BOARD C RESOLUTION AUTHORIZING APPLICATION FOR A COMMUNITY DEVELOPMENT GRANT Councilman Scott Evans moved approval of the Consent Agenda as read. Motion seconded by Councilman Bill Johnson. The motion carried unanimously by a roll call vote. XII. BID SPECIFICATIONS FOR WATER & SEWER RATE STUDY Don Davis, City Administrator, explained that money was allo- cated in the budget to proceed with employing a consultant to review the water and sewer rates and make a recommendation on the restructuring of those rates. Councilman Alan Nix moved to authorize the procedure to go ahead with soliciting requests for proposals to do a water and sewer rate study. Motion seconded by Councilman Don Zelman. The motion carried UNANIMOUSLY. XIII. BID SPECIFICATIONS FOR UNIFORMS Don Davis, City Administrator, advised these are the specifica- tions for the purchase of uniforms for the Public Works Departments. These are annual bids and money has been budgeted ^ for this purchase. Councilman George Swearingen moved approval of the specifications for uniforms for the Public works Departments. Motion seconded by Councilman Dan Collins. The motion carried UNANIMOUSLY. XIV. BID SPECIFICATIONS FOR TWO POLICE CARS Don Davis, City Administrator, advised these specifications are for the purchase of (2) two new police cars. The money was allocated in the budget. - 207 - Councilman Alan Nix moved approval of the specifications for the purchase of two new police cars. Motion was seconded by Councilman Bill Johnson. The motion carried UNANIMOUSLY. XV. AWARD BID FOR CLAY LINER AT LANDFILL Don Davis, City Administrator, advised this will complete the necessary lining of the cells at the landfill and will enable us to continue with our closure plans. Councilman George Swearingen moved to award the bid for clay liner at the landfill to Jay Mills Construction Co. for $64,200. Motion seconded by Councilman Alan Nix. The motion carried UNANIMOUSLY. XVI. BUDGET ADJUSTMENTS Don Davis, City Administrator, explained these budget adjust- ments are a part of the year-end accounting practices. The unaudited Financial Report for the fiscal year 1991-92 shows all Divisions ended with positive balances except Community Services, where there was an approximate $21,000 deficit. Mayor Lavinia Lohrmann commented that she had a big problem with changing the budget after the fact. We did this last year with a $60,000 deficit and she felt very uncomfortable about changing after the budget year was over. She said she felt she should mention this to the Council and that she was very, very worried about this. It was called to the Council's attention in the last audit. Mrs. Lohrmann said she has a very big problem with amending the budget after the fact, as has been done in the past. Councilman George Swearingen moved to transfer $10,000 from the Finance Division and $11,000 from the Police Division to the Community Services Division, Parks & Recreation Department, as recommended. Motion seconded by Councilman Don Zelman. The motion carried by the following vote: AYES: Councilmen Alan Nix, Don Zelman, Sam Taylor, Scott Evans, George Swearingen, Bill Johnson, Dan Collins and Bill Bailey. NOES: Mayor Lavinia Lohrmann. XVII. DISCUSS C.A.D. APPRAISAL PROCEDURES - Jerry Lee and John Whiting Jerry Lee, Chief Appraiser for the Central Appraisal District, and John Whiting, the City's representative to the C.A.D. Board of Directors, addressed the Council regarding the Appraisal Districts procedures and to explain the devaluation of this year's certified tax roll from $298,274,154 in 1991 to $280,940,012 in 1992. Mr. Lee said a lot of the decrease in value this year took place because they lowered some properties. The sales they gathered together indicated they needed to make some changes in commer- cial properties and they made those changes. They were substan- tial. In 1991 our commercial properties were at a ratio of 95%. After 1991, when we gathered the sales, we found a lot of pro- perties were high. The sales are the indicators as to what we do with those property values each year. Mr. Lee also advised that the time limits imposed on them by state statute is the ^ reason they cannot give the City a certified tax roll any l earlier. No Action Taken/Needed. XVIII. CITY ADMINISTRATOR'S REPORT A. Garfield Storage Tank Status Report Don Davis, City Administrator, reported that the final cost on the Garfield Storage Tank is $213,347.00, which is $63,347 109MM over estimated costs. Mr. Davis commented that he felt the overage was due to the fact that neither the City nor the contractor was familiar with the new E.P.A. guidelines on handling the leaded paint, therefore, we did not budget accordingly. The job is complete and paid for out the water Reserve. B. Consider Setting A Date For Special Meeting It was the consensus of the Council to set Wednesday, October 21, 1992, at 5:30 p.m., as the date and time for a special meeting. I \ C. Mr. Davis reported that Steve Madison, Recreation Superintendent, received the Texas Amateur Athletic Federation President's Award this year for his outstanding work done in 1992 within the TAAF programs. Steve serves as a regional director and is on the Board of Directors for the TAAF and is also commissioner for the statewide youth basket- ball program. D. Mr. Davis advised that we have received 15-20 letters from some TSU students regarding recycling and the manhole on Long Street. E. Mr. Davis reported that we have not heard anything from Commissioner Hall or the Texas water Commission regarding the landfill closure. If we have not heard anything by this week, we will go to "Plan B". We are under such a time constraint we can't wait much longer. The Landfill Committee has looked at a proposal from Earth Care, which is a group out of Arkansas, they are prepared to come in work with us on the municipal solid waste and the composting of that and set aside the dairy waste at this time. If we don't hear anything from the water Commission this week, then, he suggests the Landfill Committee and talk with Earth Care, review a schedule and see if that would be a feasible alter- native. Also, we still have the option to contract with a n private hauler to collect and dispose of the waste. XIX. CITY COUNCIL/CITIZEN GENERAL DISCUSSION: Councilman George Swearingen commented that approximately a week ago, we had a U.S. Senator come to Stephenville. He said he was curious as to why no one from the City officially gave him a welcome to our city. Is there a reason why that wasn't done? Mayor Lavinia Lohrmann replied that it was mentioned to her and she had made plans for quite some time to be out of town and was out of town the whole weekend. Said she didn't know about anyone else. Councilman George Swearingen said he felt it would have been appropriate for Mrs. Lohrmann to have contacted the Mayor Pro Tem to see if he could and would represent our city with a welcome to the Senator, or at least, have a letter presented at that meeting, expressing regret at not being able to be present. Mayor Lavinia Lohrmann said she advised whoever called her to call Mr. Evans, who was Mayor Pro Tem. Councilman Scott Evans said he would like to commend Councilman Bill Johnson for the work he did at the Jaycee Park. XX. EXECUTIVE SESSION: At 10:20 p.m., Mayor Lavinia Lohrmann called the City Council into Executive Session, in compliance with the provisions of the Texas Open Meetings Law, authorized by: Section 2(f) - (Discussion of the purchase, exchange, lease, or value of real property or prospective gifts or donations to the City): - 209 - A. Contract with Heritage Hill, Inc. B. Ordinances of Condemnation concerning easements from R. Elliott, R. Dickens, J. Baccus and Pearl Parker. C. Purchase of easement from David Dill. XXI. At 11:10 p.m., Mayor Lavinia Lohrmann reconvened the City Council into open session. The following action was taken on matters discussed in executive session: A. Councilman Scott Evans moved to authorize the Mayor to sign the agreement with Heritage Hills, Inc., subject to their signing of said agreement. The motion seconded by Councilman Dan Collins. The motion carried UNANIMOUSLY. B. Councilman Scott Evans moved approval of Ordinances of Condemnation on easements from Robert Elliott, Ronald Dickens, and Pearl Parker. Seconded by Councilman Bill Johnson. The motion carried UNANIMOUSLY. No action taken on easement from Jack Baccus. C. Councilman Scott Evans moved to purchase Mr. Dill's tree for $900.00. Seconded by Councilman Don Zelman. The motion carried UNANIMOUSLY. There being no other business to come before the Council at this time, Mayor Lavinia Lohrmann adjourned the meeting at 11:15 p.m. i A T: Lavinia Lehrmann, Mayor yc Pemberton, City Secretary - 210 -