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HomeMy WebLinkAbout1993-04-06 - Regular City CouncilMINUTES OF REGULAR MEETING City Council - City of Stephenville TUESDAY, APRIL 6, 1993 - 7:00 P.M. The City Council of the City of Stephenville, Texas, convened in regular session on April 6, 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 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. PLANNING & DEVELOPMENT COMMITTEE. Councilman Bill Johnson reported the Committee had received a request from Tarleton State University to make two inlay designs in Vanderbilt Street. 1) will be located at the intersection of Vanderbilt and Lillian Street. 2) will be located at the entrance to the parking lot, east of the Clyde H. Wells Fine Arts building. Dr. Wanda Mercer addressed the Council stating that the design would be of concrete and brick and would be in the street right -of -way. The cost to be approximately $36,000. Also, that any brick not used in the design would be returned to the city. Councilman Scott Evans made the motion to approve this request from TSU, as recommended by the Planning & Development Committee. The motion was seconded by Councilman Alan Nix. The motion carried UNANIMOUSLY. - 26 - III. APPOINTMENTS TO THE FUN FAIR COMMITTEE Councilman Scott Evans made the motion to appoint Sam & DeLayna Taylor, Bob & Norma Cervetto, Tim & Kim Justis, and Tommy & Sue Owens to the July 4th Family Fun Fair Executive Committee. The motion carried by the following vote: AYES: Councilmembers Alan Nix, Don Zelman, Scott Evans, George Swearingen. Bill Johnson, Dan Collins, Bill Bailey and Mayor Lavinia Lohrmann. NOES: None ABSTAIN: Councilman Sam Taylor. IV. S.T.A.R. COUNCIL ON SUBSTANCE ABUSE - Darrell W. Brown In the absence of Darrell W. Brown, Christi Conklin addressed the Council stating the S.T.A.R. Council's appreciation for the City's financial sup- port. Ms. Conklin advised that the $1,000 had been spent for bookcovers for the Stephenville schools and literature rack. She requested permission to place this rack, with the literature, in the public library. Don Davis, City Administrator, advised that he would take care of placing the literature and rack in the library. No action taken. V. PROPOSAL FOR COMPOST FACILITIES - Dan R. Poston Dan Poston, representing Anno Domini, Services, presented a proposal to start a curbside collection and compost disposal of all natural organic solid waste (yard clippings, leaves and limbs) at a cost of $4.50 per customer per month for one year, in conjunction with the normal city gar- bage pick -up. Mayor Lohrmann advised that they would look at the proposal. VI. REQUEST FROM KMN GARBAGE TO SELL THEIR COMPANY TO WASTE MANAGEMENT INC Mayor Lohrmann advised that, unless they have changed their mind, KMN did not wish to speak to this. Therefore, we are ready for discussion from the Council on this subject. Mayor Lohrmann also reported that the Landfill Committee has met often and long in the last couple of months. In the last meeting on March 31st, the Committee voted, three to one, to recommend that the request from KMN Garbage to sell their company to Waste Management be denied. If there are questions for the Committee or if there is a motion, we are ready to talk about this. Councilman Sam Taylor said that, as he understood it, this recommendation does not provide a definite alternative to vote on, but rather strictly a negative recommendation with respect to one alternative. - 27 - Councilman Sam Taylor said he had not seen the contract that is being recommended to reject at this time. He said he felt uncomfortable rejecting what amounts to the only viable, concrete alternative we have before the Council without at least being more definitive or knowledge- able about the viability, the cost and reliability of other alternatives. Councilman Scott Evans responded that probably the question before the Council is a more of a philosophical question than a specific question. If the Council decides to accept Waste Management's proposal and it is for a turn -key job. It is a very safe thing to do. It is very specific. On the other hand, if the Council will accept the Committee's recommendation to not approve that sale, probably the work is just beginning. There are a number of alternatives, which are probably down the road. The immediate concern would be to construct a transfer station. Our numbers indicate it will cost the average citizen about 80¢ a month more. However, it is a majority of the Committee's feeling that it left some avenues open for down the road. After much more discussion, Councilman Dan Collins made the motion to accept the recommendation of the Landfill Committee to reject the contract proposal by Waste Management of KMN Garbage. Councilman Scott Evans seconded the motion. The motion did not carry by the following roll call vote: AYES: Councilmen Scott Evans and Dan Collins and Mayor Lavinia Lohrmann. NOES: Councilmen Alan Nix, Don Zelman, Sam Taylor, George Swearingen, Bill Johnson, and Bill Bailey. Councilman Sam Taylor made the motion to table the recommendation of the Landfill Committee and request the staff to post the necessary notices for a work session of the full Council for Monday at 5:30 pm; Tuesday at 5:30 pm and; Thursday at 5:30 pm. Of course, if we get what we need done before that, we don't have to have the third meeting. Councilman George Swearingen seconded the motion. The motion carried by the following roll call vote: AYES: Councilmen Alan Nix, Don Zelman, Sam Taylor, George Swearingen, Bill Johnson, and Bill Bailey. NOES: Councilmen Scott Evans and Dan Collins and Mayor Lavinia Lohrmann. VII. COMMITTEE REPORTS: A. Finance Committee I. Child Safety Funds Councilman Scott Evans made the motion to allocate $645.00 from the Child Safety Funds for additional training for D.A.R.E. Officer Don Miller. Councilman Bill Bailey seconded the motion. The motion carried UNANIMOUSLY. 2. Resolution Adopting Financial Plan Councilman Scott Evans made the motion to pass and approve Resolution No. 1993 -04, which approves and adopts the Financial Master Plan as presented. Seconded by Councilman Sam Taylor. 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. B. Planning & Development Committee: Councilman Scott Evans made the motion to approve the request from TSU to construct and place two inlay designs in Tarleton Street, as recom- mended the the Planning & Development Committee. Seconded by Council- man Alan Nix. The motion carried UNANIMOUSLY. C. Water Planning Committee 1. Plans & Specifications For Updating Paddock Pump Station Councilman Scott Evans made the motion to approve the plans and specifications for updating the Paddock Pump Station, as recommended by the Water Planning Committee. Seconded by Councilman Bill Bailey. The motion carried UNANIMOUSLY. 2. Plans & Specifications for Wastewater Treatment Plant Councilman Sam Taylor made the motion to approve the plans and spe- cifications for the Wastewater Treatment Plant Expansion Project and authorize staff to seek bids, as recommended by the Water Planning Committee. Seconded by Councilman Alan Nix. The motion carried UNANIMOUSLY. 3. Renew Contract With Lawrence Hancock Regarding Wastewater Effluent Councilman George Swearingen made the motion to renew the contract with Lawrence Hancock for the purchase of effluent from the Bosque River @ $30 /per acre foot, with the change in the renewal date. Seconded by Councilman Bill Johnson. The motion carried UNANIMOUSLY. $. Policy on water and sewer service outside the city limits. Councilman Sam Taylor made the motion to pass and adopt Ordinance No. 1993 -11 prohibiting water and sewer service outside the city limits, except for commercial and industrial customers, provided a contract can be negotiated between the City and the potential customer. Seconded by Councilman Alan Nix. The motion carried by the following vote: AYES: Councilmen Alan Nix, Don Zelman, Sam Taylor, Scott Evans, George Swearingen, Dan Collins, Bill Bailey and Mayor Lavinia Lohrmann. - 29 - NOES: Councilman Bill Johnson. VIII. CONSENT AGENDA: A. APPROVAL OF MINUTES: March 2, 1993 B. Approval of Plat of Brittain Circle Subdivision C. Approval of Street Specifications D. Bids To Be Awarded: I. Communications Recording Device - award bid to Houston /Galveston Area Council (HGAC) Cooperative Purchasing Program in the amount of $25,886.77. 2. Tractor & Mower - award bid to Hendershot Equipment in the amount of $11,915 for a Massey Ferguson 231 Tractor. 3. Handicapped Parking - award contract to L & W Paving in the amount of $15,479.68 for 20 ramps in the downtown area. 4. Wastewater Treatment Plant Maintenance Facility - award contract to L. C. Jones Construction Co. in the amount of $161,999 from SRF Bond Funds. E. Bid To Be Rejected: 1. Fuel Bids F. Disposal of Fixed Assets Councilman Scott Evans made the motion to approve the above Consent Agenda as presented. Seconded by Councilman Bill Johnson. The motion carried UNANIMOUSLY. Councilman George Swearingen made the motion to approve the following budget amendments. Seconded by Councilman Dan Collins. The motion carried UNANIMOUSLY. Transfer To 01- 0505 -423 Handicap Ramps $5,480.00 Transfer From 01- 0505 -422 Right -of -Way Maint. $5,480.00 Transfer To 01- 0703 -513 Equipment Recorder $1,987.00 Transfer From 01- 0702 -111 Salaries $1,987.00 IX. PUBLIC HEARINGS: Mayor Lavinia Lohrmann opened the floor for a public hearing to consider the request for a Zoning Change, From B -2 "Secondary & Highway Business District" to R -3 "Multiple Family Residential District ", on 110- 198 -200 Clark Lane. THOSE IN FAVOR OF REZONING: None - 30 - THOSE OPPOSED TO REZONING: None There being no one present wishing to address this issue, Mayor Lohrmann closed the public hearing. Councilman Alan Nix made the motion to pass and approve Ordinance No. 1993 -10 rezoning 110, 198 and 200 Clark Lane from B -2 "Highway & Secondary Business District" to R -3 "Multiple Family Residential District ". Council man Sam Taylor made the second. The motion carried UNANIMOUSLY. X. CITY COUNCIL /CITIZEN GENERAL DISCUSSION: Eva Rogers addressed the Council requesting the drafting of water bills be put on a computer program, which she felt was a much more efficient method of drafting for the citizens. This request was referred to the Water Planning Committee. Glenda Jackson addressed the Council stating that last Thursday night (April 1, 1993) she had a terrible fall in front of City Hall. Her foot hit one of the plastic knobs in the front. Her whole side is bruised and she may have to see her doctor about her back. She does not understand the need for both the white stripes and the plastic buttons. Councilman Alan Nix reported that the Finance Committee has authorized the City to begin the use of a credit card program with and in conjunction with the same program being used by the municipal court. They felt this would be a convenience to the citizens to allow them an opportunity to use their credit card to pay their court fees, fines, etc., as well as provide that convenience at City Hall for the customers to use their credit cards to pay their utility bills and the other permits, etc. they purchase through City Hall. They authorized the Finance Director to proceed with this program. The Committee's feeling was that this would be an asset to the City, as well as a convenience to the citizens. XI. 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... LEGAL: "Section 2(e) , consultation between the City Council and its attorney to discuss pending or contemplated litigation." A. Condemnation Suit - Schnur Property XII. ACTION TAKEN (if any) on matters discussed in Executive Session. A. Condemnation Suit - Schnur Property. Councilman George Swearingen made the motion that the City accept the offer of $1.30 per square foot for the Schnur Property. Seconded by Councilman Don Zelman. The motion carried UNANIMOUSLY. - 31 - There being no other business to come before the Council at this time, Mayor Lohrmann adjourned the meeting at 9 :25 p.m. A T: C e� oyce emberton, City Secretary - 32 - Lavinia LohrmanTP, Mayor STATE OF TEXAS § COUNTY OF ERATH § i KNOW ALL MEN BY THESE PRESENTS: THE CITY OF STEPHENVILLE, a municipal corporation, acting by and through its Mayor, Lavinia Lohrmann, duly authorized by resolution of the City Council of Stephenville, Texas, and LAWRENCE HANCOCK, have this day entered into the following contract and agreement. THE CITY OF STEPHENVILLE agrees to furnish and sell to LAWRENCE HANCOCK sewer effluent from its sewage disposal plant situated south of Stephenville, Texas, on the terms and conditions hereinafter stated. 1. Said sewer effluent will be released by the City of Stephenville into the Bosque River by which it will be transported to the receiving station of Lawrence Hancock situated on said river and in a southeasterly direction from said plant. Consideration to be paid by Lawrence Hancock will be $30.00 per acre foot annually. Lawrence Hancock will pay for a minimum of 15 acre feet annually and will be entitled to receive up to 100 acre feet maximum annually. 2. The effluent received by Lawrence Hancock will be determined by a meter measuring same of a type to be determined by Willis Environmental Engineering, Inc. Cost of meter will be paid by Lawrence Hancock. 3. The term of this Contract will be for a period of two years and four months beginning with the date of April 6, 1993 and terminating on August 15, 1995. Payment by Lawrence Hancock to the City of Stephenville shall be in annual payments, the first payment due on January 1, 1994, the second payment due at the end of the term herein provided. 4. Lawrence hancock shall have right of refusal to renew this contract for an addi- tional period of three years with the payments and terms thereof to be agreed upon between the City Council of the City of Stephenville, Texas, and Lawrence Hancock. EXECUTED in triplicate this 6th day of April, 1993. ATS: oy eemberton, City Secretary CIT�PHENVILLE ORDINANCE NO. 1993 -10 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 Lot 1 and Part of Lot 2; Block 85; (11.96 acres) 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 sixth day of April, 1993. Mayor ATTEST: a-en�,— � L- "L oyce Pemberton, City Secretary Reviewed by Donald B. Davis, City Administrator Randy Tho "mss, City Attorney Approved as to form and legality ORDINANCE NO. 1993 -11 ADDING SECTION 7 TO ORDINANCE NO. 1993 -05 AN ORDINANCE AMENDING ORDINANCE NO. 1993 -05 BY ADDING SECTION 7 PROVIDING FOR WATER AND SEWER SERVICE TO INDUSTRIAL CUSTOMERS AND ESTABLISHING THE RATE FOR EXISTING CUSTOMERS OUTSIDE THE CITY LIMITS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: SECTION 7. No residential development outside the corporate city limits would be allowed water or sewer service. Commercial or industrial customers will be considered on an individual basis upon approval by the City Council of a formal contract. However, that customer must take both water and sewer service. No customer will be allowed to connect to water only or sewer only. Existing customers outside the city limits shall be charged 1.15 times the existing inside the City rates. PASSED and APPROVED this 6th day of April, 1993. � r Gu/ Lavinia Lo mann, Mayor ATTEST: ,,/�doyq# Pemberton, City Secretary Reviewed by Donald B. Davis, City Administrator Randy Thomas, City Attorney Approved as to Form and Legality RESOLUTION NO. 93 -04 A RESOLUTION BY THE CITY COUNCIL CONFIRMING THE CITY MANAGER'S FINANCIAL MANAGEMENT POLICIES TO BECOME EFFECTIVE UPON ITS PASSAGE AND APPROVAL. WHEREAS, the overriding goal of the Financial Management Policies are to enable the city to achieve a long -term stable and positive financial condition; and WHEREAS, the City Manager has developed the Financial Management Policies which will guide the city's financial affairs, and WHEREAS, the Financial Management Policies will aid the City in striving for integrity, prudent stewardship, planning, accountability and full disclosure; and WHEREAS, the policies are to be re- examined by the City Manager annually prior to the annual budget process. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: Section 1: THAT the City Council hereby confirms the City Manager's Financial Management Policies 1993 as guidelines for proper financial stewardship. 1993. PASSED AND APPROVED THIS 6th DAY OF APRIL f Lavinia L mann, Mayor A EST: J ce P mberton, City Secretary Reviewed by Donald B. Davis, City Administrator Randy Thom-a , City Attorney Approved as to form and legality