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HomeMy WebLinkAbout1998-03-03 - Regular City CouncilMINUTES OF GENERAL BUSINESS MEETING City of Stephenville - City Council TUESDAY, MARCH 3, 1998 - 7:00 P.M. The City Council of the City of Stephenville, Texas, convened on March 3, 1998, at 7:00 p.m., in the Council Chambers at City Hall, 298 West Washington 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 John Pollan Councilmembers Jerry B. Madkins Barbara Terrell K. H. Conatser Billy Bob Hodges Bea Marin Bill Corbin Marshall Shelton Joel Hillin Others Attending Don Davis, City Administrator Cindy L. Stafford, City Secretary Randy Thomas, City Attorney I. CALL TO ORDER Mayor Pollan called the meeting to order at 7:00 p.m. and declared a quorum present. H. CITIZENS' GENERAL DISCUSSION Larry Mills addressed the council to offer his thanks for allowing him the privilege of serving on the Airport Advisory Board since 1995. Mills stated that the airport is a vital part of the development and growth of the city. Reading from a letter, he continued, "It has been exciting and rewarding for me personally to serve and be a part of the process that will see some much needed improvements at the airport in the next few months. I know that the board will be making some important recommendations to the council in the next few months. That is why I felt it important that tonight I submit my resignation from the board so that you could fill the vacancy and have someone in place to be a part of that decision making process. General Business Meeting -- Much 3, 1998 My wife has accepted a position with West Texas A &M University and the Panhandle Information Network in Amarillo. She will be executive director of that organization. It was a difficult decision to make after living in Stephenville for eighteen and a half years. Stephenville has been home, but where she goeth, I goeth. This was an opportunity that we couldn't pass. She has already moved to Amarillo, and I will sell our home and be leaving sometime this summer. I therefore say `thank you' for allowing me to serve and respectfully submit my resignation as a member of the Airport Advisory Board. I wish you well as you strive to move our great city forward." Mayor Pollan thanked Mills for his service to the city. III. ACTIVITY REPORT ON DELINQUENT TAX COLLECTIONS -- Jeff Brown, Attorney Jeff Brown stated that he has represented the city for over ten years. He said it has been rewarding, and he enjoys being able to work well with the city staff. Brown reported that his firm mailed 3,500 letters dealing with delinquent ad valorem taxes on behalf of the taxing jurisdictions in Erath County, and twenty -five lawsuit were filed as well. Twenty -three judgments were taken involving the city, and three pieces of property were sold. Amounts collected for the city were totaled $49,831.67. Mayor Pollan thanked Jeff Brown and his firm, as well as Erath County Tax Assessor - Collector, Jennifer Schlicke- Carey, for their dedicated service. IV. PLANNING AND ZONING COMMISSION Public Hearing Mayor Pollan opened a public hearing to consider amending the Zoning Ordinance to provide a definition for Assisted Living Centers; establishing Assisted Living Centers as primary uses in the R -2, R -3, B -1, B -2, and B -3 zoning classifications; and establishing parking regulations for Assisted Living Centers. Sneaking in Favor of the Issue: No one Sneaking in Opposition to the Issue: No one The Mayor closed the public hearing. General Business Meeting -- March 3, 1998 Council member Marin made a motion to adopt Ordinance No. 1998 -6 amending the Zoning Ordinance by providing a definition for Assisted Living Centers; establishing Assisted Living Centers as primary uses in the R -2, R -3, B -1, B -2, and B -3 zoning classifications; and establishing parking regulations for Assisted Living Centers. Council member Terrell seconded the motion which passed by unanimous vote. C. Annual Report of the Planning and Zoning Commission Rusty Jergins, Chairman of the Planning and Zoning Commission, gave the annual report. Jergins reminded the council that the Zoning Ordinance provides that the Planning and Zoning Commission present an annual report to the council. Jergins reported that the commission met in eleven regular sessions and five work sessions. The commission considered ten zoning change requests, two subdivision proposals, one replatlresubdivision proposals, and one amendment to the Zoning Ordinance. Three subcommittees were established - -Green Space, Assisted Living Center, and Agricultural District, which was adopted by the City Council in October, 1997. The commission also addressed recommendation for permanent zoning for the 1,100 newly- annexed property, which was adopted by the Council in February, 1998. Programs for 1998 which the Planning and Zoning Commission will consider are: Adopt Assisted Living Center Guidelines. Adopt a Landscape Ordinance. Conduct a joint work session with the City Council and the Commission. Review the Commission's proceduresibylaws. Review the Comprehensive Plan. Engage in possible long -range planning. Update the Zoning Ordinance. Consider future annexation. Commissioners are attending the five -part North Central Texas Council of Government's Planning and Zoning Training Series. Commissioners should complete this series in May of this year. Completion of these courses satisfies the requirements for a Professional Development Certificate in Planning and Zoning. t.....' General Business Meeting -- March 3, 1998 V. PLANNING AND DEVELOPMENT COMMITTEE REPORT 1. Stephenville Independent School District Building Program 2. Western Heritage Committee Report 3. Western Heritage Theme Council member Hodges made this report stating that the committee had met with representatives from the Stephenville Independent School Board of Trustees (Drs. Frank Terrell, Ron Bradberry, and Superintendent Larry Butler. The topic of discussion was the new junior high school building and the streets that adjoin it. Dr. Butler briefed them on the status of the building program, and the plans and specifications are currently out for bid. The district hopes to have the junior high school building ready by August, 1999. Frey Street and Wolfe Nursery Road, which will surround this building, were discussed. The school has budgeted money to develop the streets immediately adjacent to the junior high school property; however, more discussion may be had concerning the completion of Wolfe Nursery Road and the extension of Frey Street west to FM 988. Hodges reported that the city staff is proceeding with developing cost estimates for this project. Hodges reported that this committee met in another meeting to discuss the recommendations of the Western Heritage Committee. The Planning and Development Committee and the Executive Committ ee of the Chamber of Commerce have agreed on a Western Heritage theme. It was determined that the theme could be accomplished by adding a western touch to existing events. The Chamber of Commerce will design and prepare a logo by April 1. Other topics discussed were increasing the advertising and promotional aspects of existing events and increasing the volunteer base for tourism programs. The Chamber will do the coordinating of the western theme, and after the Fourth of July Family Fun Fair, these two boards would meet again to determine the effectiveness and impact on the Chamber of Commerce. VI. PERSONNEL COMMITTEE REPORT 1. City Administrator's Evaluation 2. 20 -Year Retirement 3. Merit Pay for 1998 ..__� General Business Meeting - -March 3, 1998 Council member Madkins reported on the plan for evaluation of the City Administrator. The evaluation form will be sent to all council members and responses will be returned to the Personnel Committee Chairman who will open and tabulate the responses at a committee meeting. The results - will be sent to the council who will meet in executive session to discuss the results with the City Administrator. Madkins then reported on the consideration of a 20 -year retirement option for city employees. Madkins stated that we currently have approximately 110 employees here in the city of Stephenville. The last fiscal year, we had a turn -over rate of approximately 2.7 %, which equates to about three employees, which is very low. We queried some other cities about our size, which are reporting turn -over rates of as high as 25 %. Madkins stated that he thinks that the low turn-over rate is indicative of the type of employees herein Stephenville, who are pleased with their jobs. This fiscal year, so far, which started 1 October, which includes the month of Mar ch, there has been a 0% turn- over rate. Madkins made a motion for the City of Stephenville to approve Ordinance No. 1998 -8 adopting a 20 -year retirement program for its employees to begin October 1, 1998. Council member Marin seconded the motion. Council member Shelton asked to speak on this subject. He stated that the council brought this up last August at the budget hearing. He said that the Personnel Director gave statistics, which Shelton said, showed two cities out of 60 had adopted the 20 -year retirement. Shelton said the council decided to leave it unfunded. Shelton said he wondered why couldn't we bring it up at the next budget hearing. "Why do we have to bring it up every month or two and discuss it? We have a cost, the Personnel Director said, that as long as we live, we'll pay between $9,000 and $13,000 each year for the benefit of two or three people. I think instead of spending money on ourselves, we need to look at our streets, our library, our convention center. We need to start spending money for the citizens instead of on ourselves. This is already a "Cadillac" retirement system, and I'm not against the system because I started it right herein Stephenville." Shelton added that only 46% of the entire nation has any kind of a pension, and out of that 46 %, only about 22% have the "Cadillac" system such as we have and such as Tarleton has and such as the school system has. "I know that our constituents, a lot of `em, are on fixed income, and $13,000 to them is quite a bit. To some of us, it's not all that much. But every cent that we spend counts, and we need to put a stop to our constant spending." Council member Conatser also commented that the council needs to look at the actual cost of the program. He said he does not understand why this subject was discussed only a month ago at our council retreat and is now on the agenda. Conatser stated that " As Madkins brought out, we have, it appears, the best satisfied staff you could find anywhere, and I certainly commend them for all they've done, and I hope they can see what we're doing to show our appreciation, but this [20 -year retirement] definitely, then, is not something that's needed to keep our staff here if they're not going." General Business Meeting -- Much 3, 1998 Council member Madkins countered by saying that there's a reason that the city has such a low turn over, and it's because our employees are very well satisfied that the City takes the initiative in such issues as this. I believe we contacted the TMRS in Austin and found out the exact cost to implement -" the 20 -year retirement would be $6,900. Madkins said that we are not recommending this proposal for 1 April, but propose to wait until 1 October, 1998 when it can become a regular part of our budget, and I think it would be an excellent benefit for our employees. He said that it adds an additional benefit that is motive and incentive. Personnel Director, Joyce Goodman, gave some data in response to several questions from the council. She stated that nine employees have taken their 25 years since 1989, and all but one of those employees were over the age of 60. "I do not believe there's going to be a flood of employees," Madkins said, that will take advantage of the 20 -year retirement. "It will be there if they want to use it." Conatser answered by saying, "If they're not going to take advantage of it, why have it ?" Shelton also said that people are not resigning; "they keep staying with us. I don't blame them - -they have a `Cadillac' plan already." Goodman clarified some information, saying that if the council adopted the 20 -year retirement plan, people that choose to retire at 20 years would not be getting the same benefit as for dollar value as they would if they waited till 25. The 20 -year retirement program is a concern of many of our employees because of personal problems, family problems, that are going to force them to maybe leave the city and go somewhere else. They have ill health. Their age is a factor. They may not reach 60 to where they could retire with only 10 years and be able to keep doing the job they're doing now. A lot of our jobs are very physically demanding, many of them are mentally demanding- - considering police and fire department personnel. If you made this available to them, then, if they were forced or had to make a decision to choose another career, this would give them some way of being rewarded by the city for their years of service. Twenty years is a long time, and I think if somebody puts in 20 years of service for the city, they deserve to be able to retire and get something out of it. I think if you looked at what these people would actually be receiving as a benefit from their retirement, you'd be surprised, because it's not a "Cadillac ". There are many of those people that are not going to get maybe $400 or $500 a month. And if you tie it into the health and medical insurance that they will have to purchase on their own out in the open market, it's going to cost every bit of that for them just to provide medical insurance for themselves and perhaps a spouse. Madkins commented that someone had questioned why this matter keeps coming up for discussion by the council. Madkins said, " I'd like every citizen in Stephenville to know that it's Jerry Madkins, Chairman of the Personnel Committee, who's insisted that this get before the council and that we make a decision. So, let the record reflect that." Madkins also said that he has been reviewing 20 -year retirement since he came on the City Council and took it as one of his projects. "I don't believe there will be an overwhelming number of employees who will take advantage of this, but I've talked to people in the city and particularly, some of our city employees, and there are some of those who are in high -risk jobs, such as police and fire, that this will benefit if they decide General Business Meeting -- March 3, 1998 they don't want to go out there and do this any more. I don't think our average employee will take advantage of it. There might be a few employees, who have been out digging ditches on a backhoe, and they decide their back's gone, and I wouldn't want our employees to get to the point where they — are physically incapable of getting up in the morning and going to work and having to medically retire. This will not be expensive to the city, and I think it's a good way for us to stand out among cities in the State of Texas." Mayor Pollan restated the motion and took a roll call vote as follows: Madkins- -Yes; Terrell- -Yes; Shelton - -No; Hillin- -Yes; Pollan- -Yes; Corbin - -Yes; Conatser - -No; Hodges - -Yes; Marin- -Yes. The motion passed. VII. STATUS REPORT ON DOWNTOWN PLAZA AND PUBLIC SAFETY BUILDING Don Davis stated that the Downtown Plaza is nearing completion. Determination will be then made regarding the budget as well as contractor's time. A final report will be submitted for the April 7 Council Meeting. Council member Madkins moved to approve Change Order No. 2 for $8,3278.75 on the Public Safety Building. The motion was seconded by Council member Conatser and passed by unanimous vote. VIII. CONSIDER WAIVING PERMIT FEES FOR STEPHENVILLE INDEPENDENT SCHOOL DISTRICT Council member Shelton made a motion to waive the permit fees for the building program of the Stephenville Independent School District. Council member Corbin seconded the motion which passed by unanimous vote. Council member Madkins moved approval of the Consent Agenda as follows: IX. CONSENT AGENDA: A. Approval of Minutes of Regular Business Meeting of February 3, 1998 B. Approval of Minutes of Special Business Meeting of February 17, 1998 The motion was seconded by Council member Hillin and passed by unanimous roll call vote. X. CITY ADMINISTRATOR'S REPORT General Business Meeting -- Much 3, 1998 XI. EXECUTIVE SESSION In compliance with the provisions of the Texas Open Meetings Law, Subchapter D, Local Government Code, Vernon's Texas Codes, Annotated, in accordance with the authority contained in §551.071(1)(A) Consultations with Attorney. Texas Parks & Wildlife Department, et al v. Texas Water Commission, et al; Cause No. 432,066; In the 98th Judicial District Court, Travis County, Texas. (Paluxy) XII. ACTION TAKEN ON MATTERS DISCUSSED IN EXECUTIVE SESSION (if necessary) Mayor Pollan announced that City Attorney Thomas had nothing to discuss during executive session. XII. ADJOURN There being no further business to come before the Council, the meeting was adjourned at 8:00 p.m. Ga6a�K Joh ollan, Mayor ATTEST: General Business Meeting -- March 3, 1998 ORDINANCE NO. 1998 -6 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF STEPHENVILLE, ADOPTED BY THE CITY COUNCIL JUNE 4, 1985, TO CLASSIFY ASSISTED LIVING CENTERS, PROVIDE A DEFINITION FOR ASSISTED LIVING CENTERS, AND ESTABLISH PARKING REGULATIONS FOR ASSISTED LIVING CENTERS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: The following sections of the Zoning Ordinance shall be amended to include: SECTION III - DEFINITIONS ASSISTED LIVING CENTER: An establishment, including personal care and board and care facilities, that furnish, in one or more facilities, food and shelter to more than six (6) individuals who are unrelated to the owner of the establishment; and provides personal care services; and in addition, provides minor treatment or services which meets some need beyond the provision of food, shelter, and laundry. Assisted care shall not mean full time care provided to persons permanently confined to a bed. DISTRICTS - PRIMARY USES SECTION VI - R -2 "One -Four Family Dwelling District" SECTION VII - R -3 "Multiple Family Residential District" SECTION VIII - B -1 "Neighborhood Business District" SECTION LY - B -2 "Secondary and Highway Business District" SECTION X - B -3 "Central Business District" SECTION XIV - PARKING REGULATIONS For assisted living center developments, a minimum of one (1) parking space shall be provided for each one and one half (1 ' /2) beds in the complex, plus one (1) parking space be provided for each staff member at maximum staff level. This Ordinance shall be come effective after its passage and publication as required by law. PASSED AND APPROVED THIS THE 3rd DAY OF MARCH, 1998. s, Pollan, Mayor ATTEST: _ .t a _ � 7 -r Wj?' & A—�' — d by Donald C D. City Administrator Randy Thomas, City Attorney Approved as to form and legality ORDINANCE NO. 1998 -$ TEXAS MUNICIPAL RETIREMENT SYSTEM AN ORDINANCE AFFECTING PARTICIPATION OF CITY EMPLOYEES IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM GRANTING THE ADDITIONAL RIGHTS AUTHORIZED BY SECTION 854.202(g) OF TITLE 8, TEXAS GOVERNMENT CODE, AS AMENDED, AND PRESCRIBING THE EFFECTIVE DATE FOR THE ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: Section 1. Pursuant to the provisions of Section 854.202(g) of Subtitle G of Title 8, Texas Government Code, as amended, which Subtitle shall herein be referred to as the "TMRS Act", the City of Stephenville, Texas, adopts the following provisions affecting participation of its employees in the Texas Municipal Retirement System (herein referred to as the "System "): (a) Any employee of the City who is a member of the System is eligible to retire and receive a service retirement annuity if the member has at least 20 years of credited service in the System performed for one or more municipalities that have adopted a like provision under Section 854.202(g) of the TMRS Act. (b) Prior to adopting this ordinance, the government body of the City has: (1) prepared an actuarial analysis of member retirement annuities at 20 years of service; and (2) held a public -- hearing pursuant to the notice provisions of the Texas Open Meetings Act, Chapter 551, Texas Government Code. (c) The rights hereinabove authorized shall be in addition to the plan provisions heretofore adopted and in force at the effective date of this ordinance pursuant to the TMRS Act. Section 2. This ordinance shall become effective on the first day of October, 1998. PASSED AND APPROVED at a Regular Meeting of the City Council of the City of Stephenville, Texas, on this the 3rd. day of 1998. � Jo ollan, Mayor ATTEST: i sLL L' cs imm, �.ii..arj0 Ci= Cig(Sccrt-&f-j1*f Reviewed by Donald B. Davis City Administrator Approved -as to form and legality Randy Thomas, City Attorney