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HomeMy WebLinkAbout1993-10-05 - Regular City CouncilMINUTES OF REGULAR MEETING City of Stephenville - City Council TUESDAY, OCTOBER 5, 1993 - 7:00 P.M. The City Council of the City of Stephenville, Texas, convened in regular session on October 5, 1993 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: Lavinia Lohrmann Mayor Pro Tem: Scott Evans Councilmembers: Alan Nix Donald L. Zelman Sam Taylor II Billy Bob Hodges Bill Bailey Absent: John Wooley and Bill Johnson Others Attending: Don Davis, City Administrator Randy Thomas, City Attorney I. CALL TO ORDER. Mayor Lavinia Lohrmann called the meeting to order and declared a quorum present. Mayor Lohrmann read SENATE RESOLUTION NO. 644, in which the Senate of the State of Texas, 73rd Legislature, hereby recognizes Stephenville, Texas, as one of the best small towns in Texas and the nation and pay tribute to its citizens who have made and continue to make important contributions to our state; and, be it further resolved that a copy of this Resolution be prepared as an expression of the admiration and appreciation of the Texas Senate. II. PRESENTATION OF EMPLOYEE SERVICE AWARDS. Mayor Lohrmann presented watches and Service Certificates to the following employees in appreciation of their years of service to the City of Stephen- ville: Justin Grote 5 Years Tommy Bryant 5 Years Dyrell Collins 5 Years Ray Stone 20 Years III. CITY /COUNTY CONTRACTS. Wastewater Department Police Department Police Department Fire Department Don Davis, City Administrator, explained that, basically, we have prepared three contracts for the Council's consideration. Said contracts were - 77 - introduced to the County a month or so ago and were discussed during the negotiations with Mr. Evans and Mr. Nix when they were meeting with the County Judge and commissioners. Since that time, Mr. Thomas has met with County Attorney, Beth Barber. They have had some sessions on these contracts. We feel that we have incorporated all of the provisions that were discussed during these several meetings. We recommend that you favorably consider these contracts. We have sent them to the County and asked they be placed on their next regular agenda. A. Jail Services Councilman Evans moved approval of the jail contract, with the changes noted by City Attorney Randy Thomas, for a two year term. Second by Councilman Zelman. The motion carried UNANIMOUSLY by all members pre- sent. B. Tax Collection Councilman Evans moved approval of the tax collection contract, as written. Second by Councilman Bailey. The motion carried UNANIMOUSLY by all members present. C. Municipal Court Councilman Evans moved approval of the Municipal Court contract, with the change. Second by Councilman Bailey. The motion carried UNANIMOUSLY by all members present. IV. COMMITTEE REPORTS: A. Water Planning: 1. Policy on Sub - Metering Councilman Taylor moved approval of the City of Stephenville sub - metering contract, as provided in the agenda. Second by Councilman Bailey. The motion carried UNANIMOUSLY by all members present. 2. Wastewater Treatment Maintenance Building - Change Order #1 Councilman Nix moved approval of Change Order #1 for the Wastewater Treatment Plant. Second by Councilman Zelman. The motion carried UNANIMOUSLY by those members present. 3. Clifton Heights Sewer Line Pro -rata Councilman Bailey moved to apply the City's current pro -rata policy with one exception, which will allow a five -year payout with no interest, for Clifton Heights customers who apply for service within six (6) months of the date of completion of the project. Customers that apply beyond this six month period would have to pay their full pro -rata prior to being connected to the sewer line. Second by Councilman Zelman. The motion carried UNANIMOUSLY by those members present. '.i7:W Councilman Evans reported the Committee also discussed the Paluxy Project. He said those negotiations are on- going. There is no news. - Don Davis, City Administrator, advised that he had called Mike Willatt today to see if he had heard from Rick Fisher, attorney for Somervell County Water District. He had not heard. The Somervell County Water District had met with their attorney about two weeks ago and given him their recommedations. He was to forward those to our attorney. Will try to learn something tomorrow. Councilman Evans reported the Committee had discussed the ground water situation. The last report they had on the ground water was in the 1983 Guyton Report. There has been discussion about the need for development of additional water well fields. We know we will have to have them before the Paluxy Project comes on line. There is money in the new water rate structure, also in this year's budget for the update of the Guyton Report. The staff is seeking a propo- sal, which will be presented to the Council for approval. B. Landfill: Report on the Landfill Operation - Don Davis, City Administrator, reported that at the end of September (city's fiscal year) we are estimating an $186,000 balance. This is at the anticipated closure of October 9th. The landfill is coming along in good shape; we are working on covering the closure and filling the cell. We feel that we are still on schedule with the projected closure expenses. Also, the original projections given three months ago that, when the tipping fees were increased, we would lose some volume. The pro- jections were based on a 75% of our present volume. That did not occur. We did not lose any of our contracted customers. 2. Report on Clean -Up Program - Mayor Lohrmann reported that the clean- up program was a huge success. There were 2,545 loads of debris received at the landfill. 3. Consider Extending Landfill Operation - Mr. Davis advised that we received word today that the EPA did, in fact, approve the extension of the landfill for certain operators. We do fall in that eligible criteria. The EPA revised the criteria so that Subtitle D rules were extended for six (6) months or until April 9, 1994 for the certain landfills. Councilman Evans moved that the staff be instructed to send a letter to the Texas Water Commission requesting that we be allowed to extend the deadline for operating the Landfill from October 9, 1993 to April 9, 1994, and in this extension, the City of Stephenville would not be subject to any of the Subtitle D regulations, except for closure cover. Second by Councilman Nix. The motion carried UNANIMOUSLY by those members present. C. Planning & Development: Traffic Around Central School - Mr. Davis explained that what the Committee is proposing is that loading and unloading zones on Paddock St, and Baxter Ave. be designated for certain periods of - 79 - time during the day and McNeill Street be made one -way westbound from Paddock to Baxter. 2. Status Report on Wolfe Nursery Road - Mr. Davis advised that the Committee had asked that staff meet with the manager of Wal -Mart, Chip Weaver. He and Mrs. Chew did meet with Mr. Weaver to assure that the corporate offices of Wal -Mart were aware of the necessity of this road and also, the impact of the construction on Highway 377 and some of the problems they might incur during this construction period. Mr. Weaver did assure them that the corporate offices were well aware of that potential problem. Time is running short, if this is to be allowed under the tax abatement, it would have to be consummated and finalized prior to the completion of the construction project and issuance of the final Certificate of Occpancy. At this point, he is not very optimistic, however, he will continue to try to make contact with Wal -Mart corporate office. V. CONSENT AGENDA: Councilman Taylor moved approval of the Consent Agenda, as listed below. Second by Councilman Zelman. The motion carried UNANIMOUSLY by a roll call vote. A. APPROVAL OF MINUTES: September 7, 1993 B. BID CONSIDERATIONS: 1. Bid Specifications to be Approved: a. Repair to Senior Citizens Roof b. Young Well - Plugging & Capping 2. Award Bids: a. Award Bid #2573 to Automated Computer Systems in the amount of $5,831 for purchase of Flow Meter and Chart Recorder. b. Award bid for City Depository to Stephenville Bank & Trust Co. C. PLANNING & ZONING COMMISSION RECOMMENDATIONS: 1. Approval of the Final Plat of a Replat of Lots 15, Block 140, City Addition, and Lots 8B, 9B, Block 5, Greenview Addition. 2. Approval of the Site Development Plan for Lot 23, Block 140, City Addition. 3. Approval of the Site Development Plan for Part of Lot 21, Block 5, North Wedgewood Addition. 4. Approval of the Site Development Plan for Lot 1, Block 12, City Addition. off-iM VI. PUBLIC HEARINGS: A. Mayor Lohrmann opened the floor for a public hearing to consider Rezoning the 100 Block of Morgan Mill Road, From B -2 "Secondary and Highway Business District" to R -3 "Multiple Family Dwelling District ". THOSE IN FAVOR OF REZONING: Gene Boone, representing the Trustees. THOSE OPPOSED TO REZONING: None There being no one else wishing to address this issue, Mayor Lohrmann closed the public hearing. VII. ORDINANCES: A. Councilman Evans moved approval of ORDINANCE NO. 1993 -30 REZONING THE LAND DESCRIBED FROM THE ZONING CLASSIFICATION OF B -2 "SECONDARY AND HIGHWAY BUSINESS DISTRICT" TO R -3 "MULTIPLE FAMILY DWELLING DISTRICT ". Second by Councilman Taylor. The motion carried UNANIMOUSLY by those members present. B. Councilman Evans moved approval of ORDINANCE NO. 1993 -31 DECLARING AND MAKING WEST MCNEILL STREET A ONE -WAY STREET FOR VEHICLES TRAVELING THEREON FROM ITS INTERSECTION WITH SOUTH PADDOCK STREET TO ITS INTERSECTION WITH SOUTH BAXTER AVENUE; ALSO, ESTABLISHING LOADING AND UNLOADING ZONES; AND PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE. Second by Councilman Bailey. The motion carried UNANIMOUSLY by those members present. VII. CITY ADMINISTRATOR'S REPORT: Don Davis, City Administrator, reported that several weeks ago he had sent the Council a memorandum advising of a service that the Municipal League was arranging for cities that might be interested in certifying themselves with the FCC to regulate their local cable operators. We did not know much about what was involved at that time. Since then, Mr. Kaiser has attended two seminars relating to what is involved in the new rules and regulations that FCC has promulgated on the local cable operators. Now, it is our recommendation to not pursue that certification. The regulations are only limited to that basic tier of the rate structures the cable system has. At this time, Northland Cable is well within target range of the formula used by FCC for determining that. So, we do not feel that anything would be accomplished at this time, with our trying enforce any of these regulations. IX. CITY COUNCIL /CITIZEN GENERAL DISCUSSION: Councilman Nix said he felt the Council should express their appreciation to KMN Garbage for all the help they gave to the City and the city resi- dents in the clean -up campaign that we just held. He felt they deserved the Council's recognition and appreciation at a minimum. Mayor Lohrmann agreed and suggested a letter to that effect, if the rest of the Council agrees. Councilman Evans commented that he would certainly be willing to have some sort of resolution to be presented at a council meeting. They have served us for about 15 years. A student at Tarleton inquired about the lack of crosswalks in the McIlhaney /Washington Street area. Mayor Lohrmann replied that the University request directly to Texas Department of Transportation. Mayor Lohrmann recessed the open session and convened the Council into: X. EXECUTIVE SESSION in compliance with the provisions of the Texas Open Meetings Law, Article 6252 -17, Vernon's Texas Civil Statutes, LEGAL: Section 2(e), consultation between the City Council and its attor- ney to discuss pending or contemplated litigation; i.e., Don Blackwell vs. City of Stephenville XI. ACTION TAKEN (if any) on matters discussed in Executive Session. No action was taken on the item discussed in Executive Session. XII. ADJOURN. There being no other business to come before the Council at this time, Mayor Lohrmann adjourned the meeting at 8:30 p.m. ATTEST: Lavinia L rmann, Mayor yce Nmberton, City Secretary ORDINANCE NO. 1993 -31 AN ORDINANCE DECLARING AND MAKING WEST MCNEILL A ONE WAY STREET FOR VEHICLES TRAVELING THEREON FROM ITS INTERSECTION WITH SOUTH PADDOCK STREET TO ITS INTERSECTION WITH SOUTH BAXTER STREET; ALSO, ESTABLISHING LOADING AND UNLOADING ZONES; ESTABLISHING DAYS AND TIMES FOR LOADING AND UNLOADING ZONES AND PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: Section One West McNeill Street is hereby declared to be and is hereby made a one -way street from its intersection with South Paddock Street to its intersection with South Baxter Street. Section Two All vehicles traveling on West McNeill from its intersection with South Paddock Street to its intersection with South Baxter Street shall and are required to travel from South Paddock Street in a westerly direction to its intersection with South Baxter Street. Section Three It shall be unlawful for a vehicle to travel in an easterly direction on West McNeill Street from South Baxter Street to South Paddock Street. Section Four The west curb of the 100 and 200 blocks of South Paddock Street from West Washington Street to West McNeill Street is hereby declared to be and is hereby designated as a loading and unloading zone from 7:00 a.m. to 4:00 p.m., Monday through Friday. The east curb of the 100 and 200 blocks of South Baxter Street, from West Washington Street to West McNeill Street, is hereby declared to be and is hereby designated as a loading and unloading zone from 7:00 a.m. to 4:00 p.m., Monday through Friday. Section Five It shall be unlawful for any person to park a vehicle or in any way obstruct the loading and unloading zones established in Section,Four herein. Section Six Any person who is guilty of violating this ordinance shall be fined in any sum not to exceed $200.00. Section Seven This ordinance shall go into effect immediately from and after its passage and publication, as provided by law. PASSED AND APPROVED this 5th day of October, 1993. �e� v ATTEST: Lavinia Lohr ann, Mayor L" ". , , - oyc Pemberton, City Secretary- APPROVE D: I r Donald B. Davis, City Administrator Randy THIGMas, City Attorney �- ORDINANCE NO. 1993 -30 AN ORDINANCE REZONING THE LAND DESCRIBED FROM THE ZONING CLASSIFICATION OF B -2 "SECONDARY AND HIGHWAY BUSINESS DISTRICT" TO R -3 "MULTIPLE- FAMILY RESIDENTIAL DISTRICT." BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: That certain land in the City of Stephenville being 3.64 acres of Lot 1; Block 84; City Addition, Erath County, Texas. and it is hereby rezoned and the zoning classification changed from the classification of B -2 "Secondary and Highway Business District" to R -3 "Multiple - Family Residential District," in accordance with the Zoning Ordinance of the City of Stephenville. PASSED AND APPROVED this the fifth day of October, 1993. Z—Z�--ia Loh nn, Mayor ATTEST: Pemberton, City Secretary Reviewed by Donald B. Davis, City Administrator Randy Thomas, City Attorney Approved as to form and legality