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HomeMy WebLinkAbout1993-06-01 - Regular City CouncilMINUTES OF REGULAR MEETING City of Stephenville - City Council TUESDAY, JUNE 1, 1993 - 7:00 P.M. The City Council of the City of Stephenville, Texas, convened in regular s.ession on June 1, 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 John Wooley 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. PRESENTATION OF EMPLOYEE SERVICE AWARDS. Mayor Lavinia Lohrmann presented Service Certificates and watches to the following employees: Randy Golightly 10 Years Fire Dept. Kenneth Smith 10 years Fire Dept. III. ELECTION OF MAYOR PRO -TEM. Councilman Alan Nix made the motion, seconded by Councilman Sam Taylor, that Councilman Scott Evans continue as Mayor Pro Tem for another year. The motion carried UNANIMOUSLY. - 41 - IV. APPOINTMENT OF COUNCIL STANDING COMMITTEES. Councilman Sam Taylor made the motion, seconded by Councilman Bill Johnson, to approve the appointment of the Council's Standing Committees, as pre - sented by the Mayor. The motion carried UNANIMOUSLY. (Listed below) FINANCE * Alan Nix------- - - - - -- -965 -4637 Bill Bailey---- - - - - -- -968 -8501 Sam Taylor------ - - - - -- 965 -5069 John Wooley ----------- 968 -7070 PERSONNEL * Sam Taylor------ - - - - -- 965 -5069 Alan Nix-------- - - - - -- 965 -4637 Don Zelman ------------ 968 -9423 Bill Johnson---- - - - - -- 968 -8795 PUBLIC HEALTH & SAFETY * Don Zelman ------------ 968 -9423 John Wooley ------------ 968 -7070 Lavinia Lohrmann ------ 968 -4729 LANDFILL Lavinia Lohrmann ------ 968 -4729 Scott Evans---- - - - - -- -965 -5187 Don Zelman ------------ 968 -9423 V. RESOLUTION CALLING SPECIAL ELECTION. PLANNING & DEVELOPMENT * Bill Johnson---- - - - - -- -968 -8795 Bill Bailey------ - - - - -- 968 -8501 Scott Evans----- - - - - -- -965 -5187 NOMINATIONS Bill Bailey------ - - - - -- 968 -8501 John Wooley ------------ 968 -7070 Lavinia Lohrmann - - - -- 968 -7546 WATER PLANNING Scott Evans------ - - - - -- 965 -5187 Sam Taylor------- - - - - -- 965 -5069 Bill Johnson----- - - - - -- 968 -8795 Alan Nix-------- - - - - -- -965 -4637 Councilman Dan Collins made the motion, seconded by Councilman Bill Bailey, to pass and adopt Resolution No. 93 -08 calling a special election to fill the unexpired term of Dan Collins, Place 6. The motion carried UNANIMOUSLY. (Resolution Attached) VI. ORDINANCE ADOPTING AMENDED BUDGET. Councilman Scott Evans made the motion, seconded by Councilman Sam Taylor, to pass and approve ORDINANCE NO. 1993 -17. AN ORDINANCE PROVIDING AN AMENDED BUDGET FOR THE REMAINDER OF THE FISCAL YEAR BEGINNING OCTOBER 1, 1992 AND ENDING SEPTEMBER 30, 1993. The motion carried UNANIMOUSLY. VII. PERSONNEL COMMITTEE. A. Changes to the Employee Handbook - 42 - Councilman Sam Taylor, reporting for the Committee, advised that the changes to the Employee Handbook were mostly "housekeeping" changes regarding the repeal of Civil Service and federal mandates on family leave policies. Councilman Sam Taylor made the motion, seconded by Councilman Bill Johnson, adopt the following changes to the Employees Handbook, as pre- sented, effective immediately. 1. Eliminate the reference to "Civil Service ". 2. Adopt the new federal law on family leave. The motion carried UNANIMOUSLY. VIII. CONSENT AGENDA: A. APPROVAL OF MINUTES: May 4, 1993 B. BID CONSIDERATIONS: 1 Award bid for Vertical Turbine Pump at Paddock Street Ground Reservoir to Control Specialist, Inc, in the amount of $49,414. 2. Award bid Wastewater Treatment Plant Expansion to Red River Construction in the amount of $4,592,990. 3 Award Contract with Freese & Nichols for Inspection Service at the Wastewater Treatment Plant. (Removed from Consent Agenda at the request of Councilman Alan Nix) C. PLANNING & ZONING COMMISSION RECOMMENDATIONS: 1 Pass and Adopt Ordinance No. 1993 -16 Vacating the 8' x 168' Alley in Block 38 of the Frey First Addition and Approve the Sale to Adjacent Property Owners. 2. Approval of Final Plat of a Replat of Lots 4, 5, 6, Blk. 38, Frey First Addition. 3. Approval of Site Development Plan of Lots 4, 5, 6, Block 38; Frey First Addition. 4. Approval of Final Plat of a Replat of Lots iB, 2, 3; B1k. 140, City Addition and Lots 4, 5, 6, 10, 22, 23; B1k. 145; City Addition. 5. Approval of Site Development Plan of Lot 3, Block 1; Wal -Mart Subdivision. 6. Approval of Site Development Plan of Lot 23, Block 143; City Addition. Councilman Alan Nix made the motion, seconded by Councilman Don Zelman, to approve the above Consent Agenda, as presented, except for B(3). The motion carried UNANIMOUSLY by a roll call a vote. l.� - 43 - SERVICES AT 1 Councilman Nix asked for an explanation of the fee of $105,640 for general representation and the fee of $188,000 for resident repre- sentation for a total of $293,640, as submitted by Freese & Nichols, Inc. Mr. Ray Longoria representing Freese & Nichols, Inc. addressed the Council explaining the general representation and the resident representation and the reasons for each service. Councilman Alan Nix commented that considering the size of this contract, the project and the size of the services that are to be provided by Freese & Nichols and based on the procurement act that the State requires the City to act under, it is his understanding that the Council needs to approve Freese & Nichols as being the Company chosen to do this work. After that approval, approach them negotiate the fees they are proposing. Councilman Nix made the motion, seconded by Councilman Dan Collins, to accept the proposal as a proposal, with the exception of dollar amounts. If the Council chooses to use them, then we can approach them about the amounts and discuss that with them. Don Davis, City Administrator, commented that the contract includes the fee structure. Randy Thomas, City Attorney, advised that, as he understood the con- tract, it does in fact include the fees, therefore, you can't accept the contract without accepting the fees. He said that the way this is listed on the agenda, the fees cannot be excluded. If you want to negotiate on the fees, you cannot award the contract at this time. Councilman Scott Evans commented that he was of the impression that this procurement of professional services, which deals with the way you hire those guys is a little unusual in the way we hire or buy other things. In that you decide who you want, then talk about money afterwards. Seems Mr. Nix's motion is in keeping with what we are supposed to be doing. Deciding who we are going to use, which is what he's trying to do, then we'll talk about the price. I don't see where that is so out of line, other than the contract is written altogether. Don Davis, City Administrator, agreed that is the law, but typically that is done prior to the drafting of a contract. Mr. Evans said he did not see where the Council ever got to nego- tiate the price. He said he did not remember talking about the price. Said he felt real comfortable with Freese & Nichols, but I don't see here anywhere we've negotiated prices and he thinks that is all Mr. Nix is wanting to do. Mr. Davis said that, in light of their concerns, evidently the staff put this contract on the agenda prematurely and he accepts respon- -44- sibility for that. If the Council wants to table this item and negotiate, then that's what needs to be done. If you are not satisfied with that negotiation, you discount Freese & Nichols and seek proposals from other engineering firms and go to a third party type inspector. Councilmen Nix and Collins withdrew their motion and second. It was the consensus of the Council to table this item until the June 15th special meeting. Councilman Scott Evans suggested that maybe some of the councilmem- bers should be involved in the negotiations, along with staff. Mayor Lohrmann asked Mr. Nix and Mr. Wooley to participate in the negotiations with Freese & Nichols, along with staff. IX. CITY ADMINISTRATOR'S REPORT: Mr. Davis reported that, as has been discussed, there is a special council meeting for June 15, 1993, at 5:30 p.m. The street construction project started last week. The Texas Commission of Fire Protection will have a representative in town next Monday, June 7th, to do an inspection of the water system, the building codes and the Fire Department, then re- establish our key rate for insurance. X. CITY COUNCIL /CITIZEN GENERAL DISCUSSION: K. H. Conaster commented that he would like for the Council to consider reviewing the method by which sewer charges were figured. He said that during the 3 -month period used to establish his sewer rate he had a water leak, which caused his sewer charge to be more than it would have been had he not had the leak. Now that the leak is fixed, he would like to have his sewer charge reviewed. Mayor Lohrmann suggested he meet with the Water Committee. Mayor Lohrmann presented Councilman Dan Collins with a Plaque of Appreciation upon his resignation from the City Council. XI. At 7:55 p.m. Mayor Lavinia Lohrmann recessed the open portion of the meeting and called the Council into EXECUTIVE SESSION in compliance with the provisions of the Texas Open Meetings Law, Article 6252 -17, Vernon's Texas Civil Statutes, in accordance with the authority contained in Section 2 (g), 'Discussion of personnel matters." 1. Title Change and Reclassification of Pollution Control Officer's position. 2. Discussion of Council /Staff Relationship. (Removed from the agenda at the written request of Councilman Scott Evans.) At 8:10 p.m., Mayor Lohrmann reconvened the Council into open session. - 45 - XII. ACTION TAKEN (if any) on matters discussed in Executive Session. Councilman Alan Nix made the motion, seconded by Councilman Don Zelman, to approve the reclassification of the Pollution Control Officer Bob Self to Utilities Administrative Superintendent, which his position from a Grade VIII to a Grade X, resulting in a salary increase of $185.00 /month, effec- tive June 5, 1993. The motion carried UNANIMOUSLY. There being no other business to adjourned the meeting at 8:15 p.m. A�ST: -�Joyceyvemberton, City Secretary come before the Council, Mayor Lohrmann �� Cz Lavinia LohrmaFa7 Mayor - 46 - RESOLUTION NO. 93 -08 A RESOLUTION CALLING AND ESTABLISHING PROCEDURES FOR A CITY SPECIAL ELECTION. WHEREAS, the Charter of the City of Stephenville provides that in the event of a vacancy occurring in the office of councilmember from any cause wha- soever, a special election shall be held on the first uniform election date for the purpose of filling such vacancy. WHEREAS, there shall be a special election on the second Saturday in August (August 14, 1993), for the purpose of electing the following official for this City: One (1) City Councilmember, Place 6 (Unexpired Term) NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: That all candidates at the election to be held on the second Saturday in August 1993 for the above mentioned office file their application to become can- - didates with the City Secretary at City Hall, 354 N. Belknap Street, Stephenville Texas, on or before the 31st day before the election, and that all said applica- tions shall be on a form as prescribed by the Election Code of the State of Texas. All candidates shall file with said application the loyalty affidavit required by Article 6.02 of the Election Code. That the City Secretary shall, in accordance with the terms and provisions of Article 13.32 of the Election Code post in her office the names of all can- didates who have filed their applications in accordance with the terms and pro- visions of this resolution and order, and said names shall be posted at a conspicuous place in said office according to law. The order in which the names of the candidates are to be printed on the ballot and shall be determined by a drawing by the City Secretary, as provided by Article 6.05c, Subd. 3 of the Election Code. Said election shall be held at the City Recreation Building, 378 W. Long Street. The City Secretary is hereby authorized and instructed to provide and fur- nish all necessary election supplies to conduct said election. tion: The following named persons are hereby appointed officers for said elec- Louise Skipper will serve as Presiding Judge, and Gloria Taylor will serve as Alternate Presiding Judge, and the clerks for the election will be appointed by the Presiding Judge in a number not to exceed eight (8) clerks. The poll at the above designated polling place shall, on said election day, be open from 7 o'clock a.m. to 7 o'clock p.m. Joyce Pemberton is hereby appointed Early Voting Clerk and Mrs. Mary Robinson is appointed as Deputy Early. Voting Clerk. The early voting for said election shall be in Council Chambers at City Hall, 354 N. Belknap Street, Stephenville, Texas, and said place of early voting shall remain open from 8:30 a.m. to 5:00 p.m. on each day for early voting, which is not a Saturday, Sunday of an official State holiday, beginning on July 26, 1993, and continuing through August 10, 1993. The above described place for early voting is also the early voting clerk's address to which ballot applications and ballots voted by mail may be sent. Said election shall be held in accordance with the Election Code of the State of Texas and only resident qualified voters of the City of Stephenville shall be eligible to vote at said election. The Mayor shall give notice of this election in accordance with the terms and provisions of Article 4.05 of the Election Code. The Mayor shall issue all necessary orders and writs for said election. It is further found and determined that in accordance with the order of this governing body the City Secretary posted written notice of the date, place, time and subject of this meeting on the bulletin board located in City Hall, a place convenient and readily accessible to the general public, and said notice having been posted and remaining posted continuously for at least 72 hours prior to the scheduled time of said meeting. PASSED, APPROVED AND ADOPTED THIS the 1st day of June, 1993. City Administrator Randy Thoma ity Attorney Approved as to Form and Legality Lavinia L ann., Mayor NOTICE OF SPECIAL ELECTION (AVISO DE ELECCION ESPECIAL) To the Registered Voters of the City of Stephenville, Texas: (A los votantes registrados del Cuidad de Stephenville, Texas): Notice is hereby given that the polling place listed below will be open from 7:00 a.m. to 7:00 p.m. on August 14, 1993, for voting in a special election to elect one (1) City Councilmember (unexpired term) (Notifiquese, por las presente que las casillas electorales sitados abajo se abrian desde las 7:00 a.m. hasta las 7:00 p.m. el 14 de agugusto de 1993 para votar en la Eleccion especial para elegir uno consejalmiembro. LOCATION OF POLLING PLACE (DIRECCION DE LAS CASILLAS ELECTORALES) City Recreation Building, 378 W. Long St. (Ciduad Edificio, 378 W. Long St.) Absentee Voting by personal appearance will be conducted each weekday at City Hall, 354 N. Belknap St. (Ciduad Edificio, 354 N. Belknap St.) between the hours of 8:30 a.m. and 5:00 p.m. beginning on July 26, 1993 and ending on August 10, 1993. (entre las 8:30 a.m. de la manana y las 5:00 p.m. de la tarde empezando el 26 de julio de 1993 y terminando el 10 de augusto de 1993. Applications for ballot by mail shall be mailed to: (Las solicitudes para boletas que se votaran en ausencia por correo deberan enviarse a:) Joyce Pemberton 354 N. Belknap St. Stephenville, Texas 76401 Applications for ballots by mail must be received no later than the close of business on August 1, 1993. (Las solicitudes para boletas que se votaran en ausencial por correo deberan recibirse para el fin de las hours de negocio el 1 de augusto de 1993. Issued this the 1st day of June, 1993. (Emitada este dia 1 de juno de 1993.) Lavinia Lohrffann, Mayor (Alcalde) ORDINANCE NO. 1993 -17 AN ORDINANCE PROVIDING AN AMENDED BUDGET FOR THE REMAINDER OF THE FISCAL YEAR BEGINNING OCTOBER 1, 1992 AND ENDING SEPTEMBER 30, 1993. WHEREAS, the amended budget for the fiscal year beginning October 1, 1992 and ending September 30, 1993, was duly presented to the City Council by the City Administrator and a public notice was posted in the Stephenville City Hall. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: SECTION 1. That the amended appropriations for the fiscal year beginning October 1, 1992 and ending September 30, 1993, for the support of the general government of the City of Stephenville, Texas, be amended and fixed for the remainder of the fiscal year ending September 30, 1993, with the revenues and expenditures shown in the City's amended 1992 -1993 budget. SECTION 2. That the amended budget is hereby approved in all respects and adopted as the City's budget for the remainder of the fiscal year ending September 30, 1993. PASSED AND APPROVED THIS THE 1st day of June, 1993.0 Reviewed by Donald B. Davis City Administrator Randy Thomas-,--city Attorney Approved as to form and legality Lavinia L mann, Mayor ORDINANCE NO. 1993 -18 AN ORDINANCE DECLARING THAT PORTION OF AN ALLEY RUNNING FROM F.M. HIGHWAY 8 (LINGLEVILLE ROAD) ON THE NORTH TO WEST HUBERT STREET ON THE SOUTH LOCATED IN BLOCK 38, FREY FIRST ADDITION OF THE CITY OF STEPHENVILLE, TEXAS, CONTAINING 1,344 SQUARE FEET OF LAND TO HAVE BEEN ABANDONED AS AN ALLEY, ORDERING THE SAME VACATED AND CLOSED, FINDING THE VALUE OF SAID LAND AND AUTHORIZING THE CONVEYANCE OF SAME TO MRS. J.C. LEWALLEN, E.J. LEWALLEN, AND KELLY BRENT BLEDSOE AND JOHN ROBERT WEBER, JR. RESPECTIVELY, UPON PAYMENT OF THE AMOUNT FOUND TO BE THE VALUE OF THIS LAND. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: SECTION ONE All that certain lot, tract, or parcel of land, being all of an 8 foot wide alley lying easterly of Lots 1, 2, and 3 and westerly of Lots 4, 5, and 6 of Block 38 of the Frey First Addition of the City of Stephenville, Erath County, Texas, as shown on King's 1956 Map of Stephenville, Erath County, Texas, and described as follows: All that certain 1344.0 square feet of land, being the 8 foot alley situated in Block 38, Frey First Addition to Stephenville, Erath County, Texas, and said alley being described as follows: Beginning at an iron rod found in South line of F.M. Highway 8 (Lingleville Road), at the NEC of Lot 1, Block 38, Frey First Addition, for the NWC of this tract; Thence N. 60 -15 -47 E. 8.0 feet to an iron rod set at the NWC of Lot 6, Block 38, for the NEC of this tract; Thence S. 29 -20 -08 E. 168.0 feet to an iron rod found at the SWC of Lot 4, Block 38, in North line of W. Hubert Street, for the SEC of this tract; Thence S. 60 -15 -47 W. with North line of W. Hubert Street, 8.0 feet to an iron rod found at the SEC of Lot 3, Block 38, for the SWC of this tract; Thence N. 29 -20 -08 W. 168.0 feet to the place of beginning, containing 1344.0 square feet. is hereby declared to have 13een abandoned for alley purposes and is hereby declared vacated and closed for alley purposes. SECTION TWO That portion of alley hereinabove described is hereby found by the City Council of Stephenville, Texas, to be of a value of $33.60. Said amount having been offered by E.J. Lewallen for said alley, it is hereby ordered and directed that Lavinia Lohrmann, Mayor of the City of Stephenville, said E.J. Lewallen Stephenville, Texas, owning Lot 1 and the Addition, adjacent to Texas, execute a special warranty deed to the upon the payment by him to the City of of said sum of $33.60, the said E.J. Lewallen north 28 feet of Lot 2, Block 38, Frey First said alley. SECTION THREE That portion of alley hereinabove described is hereby found by the City Council of Stephenville, Texas, to be of a value of $33.60. Said amount having been offered by Mrs. J.C. Lewallen for said alley, it is hereby ordered and directed that Lavinia Lohrmann, Mayor of the City of Stephenville, Texas, execute a special warranty deed to the said Mrs. J.C. Lewallen upon the payment by her to the City of Stephenville, Texas, of said sum of $33.60, the said Mrs. J.C. Lewallen owning the south 28 feet of Lot 2 and Lot 3, Block 38, Frey First Addition, adjacent to said alley. SECTION FOUR That portion of alley hereinabove described is found by the City Council of Stephenville, Texas, to be of a value of $67.20. Said amount having been offered by Kelly Brent Bledsoe and John Robert Weber, Jr. jointly for said alley, it is hereby ordered and directed that Lavinia Lohrmann, Mayor of the City of Stephenville, Texas, execute a special warranty deed to Kelly Brent Bledsoe and John Robert Weber, Jr. jointly, upon the payment by them to the City of Stephenville, Texas, of said sum of $67.20, the said Kelly Brent Bledsoe and John Robert Weber, Jr. jointly owning Lots 4, 5,and 6, Block 38, Frey First Addition, adjacent to said alley. PASSED and APPROVED this 1st day of June, 1993. avinia Lo mann, Mayor ATTEST: dlbyce/Pemb/erton, City Secretary Reviewed by Donald B. Davis, City Administrator - -. Randy TTFomas, City Attorney Approved as to form and legality