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HomeMy WebLinkAbout1993-01-05 - Regular City CouncilMINUTES OF REGULAR MEETING City of Stephenville - City Council TUESDAY, JANUARY 5, 1993 - 7:00 P.M. The City Council of the City of Stephenville, Texas, convened in regu- lar session on January 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 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. PRESENTATION OF EMPLOYEE SERVICE AWARDS. Mayor Lohrmann presented Municipal Judge, Sarah Miller, a Service Award in appreciation of 15 years of service for the City of Stephenville. 1 III. ANNUAL REPORT OF TOURISM DEVELOPMENT BUDGET - Billy Mobley Billy Mobley, executive Director of the Chamber of Commerce, presented the Chamber's annual Tourism Development Budget, detailing the use of the Chamber's allocation of Hotel /Motel taxes. Councilman Alan Nix made the motion to accept this report as presented and to approve the Chamber of Commerce's use of the Hotel /Motel Tax. Councilman Bill Johnson seconded the motion. The motion carried UNANIMOUSLY. IV. PRESENTATION OF ANNUAL AUDIT. - 1 - Sherilyn Svien, representing Boucher, Morgan & Young accounting -i firm, presented the City's annual audit report. Councilman Scott Evans made the motion to accept the audit report as presented. Councilman Alan Nix seconded the motion. The motion carried UNANIMOUSLY. Councilman Sam Taylor made the motion to refer the audit report to the Finance Committee for review with the staff and, subject to their decision on what to do, with coming back to the Council with a report. Councilman Don Zelman seconded the motion. The motion carried UNANIMOUSLY. ✓ V. APPOINTMENT TO CIVIL SERVICE COMMISSION. Mayor Lohrmann submitted the name of Darrell Brown to the Council for confirmation as a member of the Civil Service Commission. Councilman Don Zelman made the motion that Darrell Brown be appointed to the Civil Service Commission for a three year term. Councilman Sam Taylor seconded the motion. The motion carried UNANIMOUSLY. �VI. ORDINANCE AMENDING THE UNIFORM PLUMBING CODE. - Clarence Young, Chairman of the City's Plumbing Board, advised the Council that the Board was recommending an amendment to the: j Uniform Plumbing Code, which will increase the number of fixtures units allowed on a 3/4" supply line from 20 to 27. This will allow the City to continue to use the standard 5/8" x 3/4" water meters for most residential buildings rather than go to a larger meter. Councilman Sam Taylor made the motion to pass and adopt AN ORDINANCE AMENDING THE 1988 EDITION OF THE UNIFORM PLUMBING CODE, CHAPTER 10, TABLE 10 -2, as recommended by the Plumbing Board. Councilman Dan Collins seconded the motion. The motion carried UNANIMOUSLY. VII. COMMITTEE REPORTS: j A. Landfill Don Davis, City Administrator, explained that the Landfill Committee and staff have reviewed the plan and recommend approval. If approved, the plan will be sent to the Water Commission for their consideration and final approval and /or adoption. Councilman George Swearingen commented that the Council voted to close the landfill shortly after he was defeated in the Mayor's race. He said he remembered back to.about two years Li ago when the engineering study on the landfill reported that, . with aerial filling and compaction, we had 30 -34 years left - 2 - in the landfill. He said he totally against closing the landfill and he hopes the Council knows what they are doing. Don Davis, City Administrator, responded that he wished he had a firm recommendation at this time and knew what we are going to do. We still have some alternatives we are pursuing. The Council is very much aware of the time frame we are working under and sensitive to the fact that we are having to move rather quickly with this whole operation. Within the next couple of weeks there will be a resolution, one way or another. If we don't hear something from the State regarding some of the permit questions, it will make it impossible to go forward with the composting for the short run. We have not received an answer from the State regarding a transfer station either. The City does recognize its responsibility to provide the transportation of the garbage. We could use the existing site as a transfer station, but in so doing we would retain the long -term liabilities that we are trying to get out from under by closing it. After more discussion,.Councilman Dan Collins suggested that, as there are so many unanswered questions, we set another Landfill Committee meeting as soon as possible. He said we are really getting critical on talking about this and making some choices. We should get our ducks lined up ahead of getting our information from Austin. Councilman Scott Evans made the motion to approve the Site Completion and Closure Plan for the Stephenville Sanitary Landfill, as presented by TEAM Consultants, Inc. Councilman Don Zelman seconded the motion. The motion carried by the following vote: AYES: Councilmen Alan Nix, Don Zelman, Sam Taylor, Scott Evans, Bill Johnson, Dan Collins, Bill Bailey and Mayor Lavinia Lohrmann. NOES: Councilman George Swearingen. f B. Single- Member Districts. Councilman Sam Taylor, Chairman of the Single - Member Districts Committee, reported that the Committee had met on December 17 with Mr. David Guinn, who is a law professor at Baylor Law School. He is an attorney who specializes in the area of re- districting and is recognized statewide as one of the foremost authorities in the State. Mr. Guinn set the record straight on a lot of issues that had been up in the air. Mr. Guinn explained that we can get the issue of whether the City wants single- member districts or not can be placed on the ballot for a vote without the necessity of receiving Justice Department pre- clearance and without having to go through the demographics of forming districts and things of that nature. The mechanism of doing that would be to place a charter amendment on the ballot, similar to what we did - 3 - a few years ago. There is very little cost associated with doing that, other than the normal posting and notice require - ments associated with any charter amendment. That is Mr. Guinn's recommendation as the most cost - effective way of getting this issue determined. Only in the event that the amendment passes when it is placed before the voters, would we need to proceed with the process of drawing up the districts, go through the demographics of determining districts and, then, pursuing the pre- clearance process with respect to both the charter amendments and the districts that are chosen. In that event, the projected cost is in the range of $15,000- $17,000, but that won't be necessary until we have the vote and determine whether it passes or not. The Committee did not discuss the employment of a consultant. Mr. Guinn said that in the process of working on the charter amendment we might want to contact him about forms for wording of the amendment and routine matters that he could help us with. It might be a good idea for the Council to retain his firm for those types of matters. It will not require a retainer fee. If the amendment passes, he would be ready to go at that.point. Councilman Sam Taylor made the motion to retain Professor David Guinn and his partner to aid the City with the Charter amendment process and, then, subsequently on the redistrict- ing process, if that becomes necessary. Also, approve the payment of $202.25 to Mr. Guinn as reimbursement for his expenses to come and meet with the Committee. Councilman Dan Collins seconded the motion. The motion carried UNANIMOUSLY. VIII. CONSENT AGENDA: A. APPROVAL OF MINUTES: December 1 and December 16, 1992 B. AWARD BIDS: 1. Bid #2560 - Water Well Plugging & Sealing - Removed at the request of Hugh Wolfe. 2. Bid #2561 - Annual Chemical Supply to DPC Industries of Ft. Worth, TX. 3. Bid #2562 - Annual Asphalt Supply to Souther Asphalt of Ft. Worth, TX. 4. Bid #2563 - Annual Aggregate, Premix & Base Supply to Vulcan Materials of Ft. Worth, TX. C. Replat of Lots 3 -A and 3 -B, Block 6, Butler Addition Councilman Bill Bailey made the motion to approve the Consent Agenda, as presented, with the exception of B(1) . Councilman Bill Johnson seconded the motion. The motion carried UNANIMOUSLY by a roll call vote. - 4 - J B. 1. Bid #2560 - Water well Plugging & Sealing. j Hugh Wolfe addressed the Council protesting the plugging and sealing of seven existing, abandoned water wells. Mr. -' Wolfe recommended using these wells as observation wells to measure the static water level. He said using these as observation wells would be very beneficial in making a decision in the future as to whether to go to lake water or stay with this good, cheap water source. It would be very easy to put a steel plate on top of it, with a lock. and drop a measuring stick down and know what the static water level is. Don Davis, City Administrator, responded that these wells have been used as observation wells. The Texas Water Commission, a year ago, after coming down here and inspecting our system mandated that those wells be plugged. Councilman George Swearingen said he felt it important to go back to the Water Commission and ask for specific per- mission to keep well "X, Y, Z" open for tests for moni- toring wells. If they say no, you have the final no. Mayor Lohrmann suggested that, if there is not a tight time constraint, trying to mediate the information to really be sure of what we are expected to do. Also, have the water Committee meet again and have Mr. Wolfe there too. Councilman Dan Collins made the motion to table and refer to Committee and initiate some kind of inquiry of the Water Commission to find out specifically what they intend on that ruling. Councilman Bill Bailey seconded the motion. The motion carried UNANIMOUSLY. IX. PUBLIC HEARINGS: JA. Harris Methodist Erath County Hospital Request for Change of Zoning, From R -1 and B -1 to B -3, Located at 411, 550, and 561 N. Belknap Street. Mayor Lohrmann opened the floor for a public hearing to con- sider comments on the request from Harris Methodist Erath County Hospital for a change of zoning, from R -1 and B -1 to B -3, on property located at 411, 550 and 561 N. Belknap St. THOSE IN FAVOR OF REZONING: None THOSE OPPOSED TO REZONING: None There being no one present wishing to comment on this issue, Mayor Lohrmann closed the public hearing. Councilman Bill Johnson made the motion to approve the rezoning and pass and approve Ordinance No. 1993 -02, AN - 5 - ORDINANCE REZONING THAT CERTAIN LAND IN THE CITY OF STEPHEN- __ VILLE AND BEING LOTS 4 AND 6, BLOCK 68, CITY ADDITION; AND LOTS 2A, 2B, 3, 4, BLOCK 96, CITY ADDITION, ERATH COUNTY, TEXAS, FROM THE ZONING CLASSIFICATIONS OF "R -1 SINGLE- FAMILY DWELLING DISTRICT" AND "B -1 NEIGHBORHOOD BUSINESS DISTRICT" TO B -3 "CENTRAL BUSINESS DISTRICT ". Councilman Scott Evans seconded the motion. The motion carried UNANIMOUSLY. X.� EMPLOY CONSTRUCTION INSPECTOR FOR NORTHEAST AREA INTERCEPTOR SEWER LINE. Don Davis, City Administrator, advised that, as part of the requirements of the Texas water Development Board's loan, man- dated having a full time inspector on these construction jobs. This is expense is part of the project budget approved by the Water Development Board. Councilman Don Zelman made the motion to employ Tom Summers as full time inspector for the construction of the Northeast Area Inteceptor Sewer Line. Councilman Bill Johnson seconded the motion. The motion carried UNANIMOUSLY. )XI. MUNICIPAL REGULATION OF ALCOHOL CONSUMPTION. Councilman Alan Nix explained that the Sunset Advisory Commission is about to look at the Texas Alcoholic Beverage Control Board and their rules and regulations concerning the consumption, sale, etc. of alcoholic beverages in the State of Texas. One of the things they are going to consider is allowing municipalities to have more input into the regulations in a city concerning con- sumption on city owned property. This resolution is asking, specifically, that the State relinquish this back to the cities and let local determine their own destiny in this particular matter. This is the first step in that process. The legislature must approve this, but if enough cities are in support of it, that will send a message to the legislature that we are in favor of more local control over our own cities. Councilman Don Zelman made the motion to table this item until a later date when we can get more information on what the impli- cations of this resolution would be. The motion died for lack of a second. Councilman Alan Nix made the motion pass and approve the resolu- tion supporting passage of legislation allowing municipalities to regulate consumption of alcoholic beverages on city -owned property. Councilman Bill Johnson seconded the motion. The motion carried by the following vote: AYES: Councilmen Alan Nix, Sam Taylor, Scott Evans, George Swearingen, Bill Johnson, Dan Collins, Bill Bailey, and Mayor Lavinia Lohrmann. NOES: Councilman Don Zelman. - 6 - XII. CITY ADMINISTRATOR'S REPORT: Don Davis, City Administrator, expressed appreciation to Hugh Wolfe and his wife, Ernestine, for very generously giving to the City a good deal of property to be used for the extension of of Frey Street and the new street to the north up to Highway 988. XII. CITY COUNCIL /CITIZEN GENERAL DISCUSSION: Councilman Dan Collins expressed his appreciation to the staff and everyone else for cleaner air in Council Chambers and thanks for the dust mask too. Councilman Scott Evans asked for an explanation of the Stephen - vill vineyard liabilities as referred to in the audit report. Don Davis, City Administrator, advised that staff had visited with the auditors regarding this. He said the City takes excep- tion to the position the auditors have taken on this. We have been assured on numerous occasions from the Department of Commerce that the City has no liability in that project. There are a few items in which the we take exception with what the auditors have presented, and yet is is their audit report and they have acknowledged our exceptions sometimes and some times we agree and sometimes we don't. It is their opinion and that is what you are buying. Councilman Bill Bailey commented that almost every month, a day or so before the council meetings, he usually tries to call and talk to staff. He said he was wondering if his wan the only one that experienced "busies" on the phone system. He said that, in his research, he found the phone system here with 11 stations and 9 staff persons and physical bodies on phones, there are 3 lines into City Hall. He said he doubted any business this size functions with only 3 lines and that many people on the phone. He wondered if we could look into adding a couple of lines to the phone system here. Don Davis, City Administrator, replied that the thought it was a good point and he thought it was something we need to pursue. Councilman George Swearingen commented that he thought it was Mr. Davis' job, as administrator, to determine if another line was needed or not. No one disagreed. Walter "Butch" Smith, representing the firm of Reynolds e Hibbs, Inc., extended the firm's appreciation for the opportunity to present a proposal for the inspection of the Northeast Area Interceptor Sewer Line. Danny Hodges, TU Electric, expressed his appreciation to the City law enforcement personnel and City staff for their help during the past ice storm, which enabled TU to respond to the needs of their customers quicker. - 7 - There being no other business to come before the Council Lohrmann adjourned the meeting at 8:50 p.m. ATTEST: J," e' mberton, City Secretary - 8 - Lavinia T.c)hrmann, Mayor Mayor ORDINANCE NO. 1993 -01 AN ORDINANCE OF THE CITY OF STEPHENVILLE, TEXAS, AMENDING THE 1988 EDITION OF THE UNIFORM PLUMBING CODE, CHAPTER 10, TABLE 10 -2. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: That Chapter 10, Table 10 -2 "Fixture Unit Table for Determining Water Pipe and Meter Sizes" - Pressure Range - 46 to 60 p.s.i. be amended by increasing the allowable fixture units on a 3/4" building supply line to 27 fixture units. PASSED AND APPROVED this the Sth day of January, 1993. ATTEST: Joyc emberton, City Secretary L inia L rmann, Mayor I NO. 1993 -02 AN ORDINANCE REZONING THE LAND DESCRIBED FROM THE ZONING CLASSIFICATIONS OF R -1 "SINGLE- FAMILY DWELLING DISTRICT" AND B -1 "NEIGHBORHOOD BUSINESS DISTRICT" TO B -3 "CENTRAL BUSINESS DISTRICT ". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: That certain land in the City of Stephenville, being Lots 4 and 5, Block 68, City Addition, Erath County, Texas; and Lots 2A, 2B, 3, 4; Block 96, City Addition, Erath County, Texas. and it is hereby rezoned and the zoning classification changed from the classification of R -1 "Single- Family Dwelling District' and B -1 "Neighborhood Business District ", to B -3 "Central Business District ", in accordance with the Zoning Ordinance of the City of Stephenville. PASSED AND APPROVED this the 5th day of January, 1993. T EST: oyc# Pemberton, City Secretary Lavinia Logrmann, Mayor RESOLUTION NO. 93 -01 A RESOLUTION SUPPORTING PASSAGE OF LEGISLATION ALLOWING MUNICIPALITIES TO REGULATE CONSUMPTION OF ALCOHOLIC BEVERAGES IN CITY OWNED PUBLIC PLACES WHEREAS, the regular session of the 73rd Texas Legislature will convene on January 12, 1993; and WHEREAS, many legislative issues affecting local government will be considered; and WHEREAS, many cities across the state are plaqued by problems of public safety and diminished economic development because of the in- ability to regulate consumption of alcoholic beverages in city owned public places; and WHEREAS, state law, pursuant to the Texas Alcoholic Beverage Code, preempts local regulation of possession of open alcoholic beverage containers; and WHEREAS, municipalities are better able to address alcohol related problems of a local nature than the Texas Alcoholic Beverage Commission; and WHEREAS, the City of Stephenville would prefer that municipalities be allowed to regulate consumption of alcoholic beverages in city owned public places within certain designated areas of the munici;ality; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: SECTION 1. That the City Council of the City of Stephenville support passage of legislation in the Texas Legislature which would allow home rule municipalities to regulate consumption of alcholic beverages in city owned public places within designated portions of a city. SECTION 2. That the City Administrator is directed to forward a copy of this resolution to members of the Sunset Advisory Commission, the Texas Legislature, the Governor, Lt. Governor and Speaker of the House. SECTION 3. That this resolution shall be effective immediately from and after its passage in accordance with the provisions of the Charter of the City of Stephenville and it is accordingly so resolved. PASSED AND APPROVED this Sth day of January, 1993. 1 �.w -- ' ST: Lavinia rmann, Mayor -aoybg Pemberton, City Secretary 8C -