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HomeMy WebLinkAbout1987-05-19 - Special City CouncilMINUTES OF THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, HELD ON TUESDAY, MAY 19, 1987 - 7:00 P.M. I: CALL TO ORDER. A Special Meeting of the City Council of the City of Stephenville, Texas, was called to order by the Mayor with the following members present: Mayor: Larry Hammett Members: Bob Self Wm. G. "Bill" Brede - (7:05 pm) Maxine Dameron James L. "Jim" McSwain Ray Reynolds - (7:10 pm) Larry Tatum and with the following members absent: Others attending were: Kurt Ackermann, Joyce Pemberton, Joseph Chandler, Charlene Young, Danny Johnson, Douglas Conner, Betty Chew, Allen Horne City Administrator City Secretary City Attorney Director of Finance Director of Public Works Chief of Police Planning & Inspections Coord. ITEM II: CITIZEN REQUESTS AND OTHER CCMMINICATIONS. A. Communications & Personal Appearances by Citizens: Consider matters by Mr. Kenneth Currier regarding sewer line ease- ments for North Wedgewood Subdivision. Mr. Garry Lewallen, an attorney representing Mr. Kenneth Currier, address the Council stating this matter concerns the development of the North Wedgewood Subdivision. The subdivision has been approved subject to Mr. Currier obtaining a sewer line easement to tie onto the trunk line. He said Mr. Currier has negotiated to attempt to acquire right-of-way in order to get that accomplished and stands ready at this time to pay a fair market price to obtain the easement. He has been unsuccessful in negotiating with the landowner of the property which stands between the subdivision and trunk line. He is asking the City Council to consider, under it powers of eminent domain, to condemn this land over and across whereby the easement might be placed to tie onto the trunk line. This is not taking any property away from the landowners. It is to let a judge determine the fair market value for this easement. Should the City decide to do this, Mr. Lewallen suggested Mr. Currier enter into an indemnity agreement with the City whereby whatever the cost, the fair market value of obtaining the easement is, that Mr. Currier would be willing to indemnify and pay same for the City, therefore the City would incur no expenses whatsoever in obtaining the right-of-way easement. This is consistent with what has been done in some other cities in similar situations. City Administrator Kurt Ackermann advised that Mrs. Maxine Wallace had telephoned him this afternoon and advised that she wanted to be here with her attorney, however, her attorney is tied up in court and she asked that the City Council consider postponing any final deci- sion until such time as she was able to have legal representation here. Councilman Jim McSwain moved that the City Council postpone any action on this item Lentil Mrs. Wallace has an opportunity to address the Council. Councilman Larry Tatum seconded the motion. The motion carried by the following vote: AYES: Councilmembers Bob Self, Bill Brede, Maxine Dammmeron, Jim McSwain, Larry Tatum, and Mayor Larry Hammett. NOES: None ABSTAINED: Councilmember Ray Reynolds (did not hear presentation) B. Matters by Councilmembers: Discussion by Mayor Hammett regarding budget workshops. Mayor Larry Hammett advised that on June 9, 1987 at 3:00 p.m. the Department Heads will meet with the Council for preliminary hearings on the 1987 -88 budget. The Council will meet with four engineering firms on June 9, 1987 at 10:00 a.m. to hear their proposals for the update of the Camprehensive Plan. City Administrator Kurt Ackermann advised that sane time in July the actual budget workshops will begin. The preliminary hearing in June will familiarize the Council with the new budget format being used this year. III. CONSENT AGENDA: None IV. PUBLIC HEARINGS: 1. Public hearing regarding proposed Food Inspection Ordinance. Mayor Larry Hammett opened the floor for a public hearing to consider the proposed Food Inspection Ordinance. THOSE IN FAVOR OF ORDINANCE: None THOSE OPPOSED TO ORDINANCE: Mr. Tam Cowles, K -Bob's Restaurant. Mr. Cowles addressed the Council stating that he did not see a need for this type ordinance. He said the restaurant business is a very competitive business and the competition will take care of any need for inspections. Mr. Cowles listed several items in the ordinance he would like to see modified. City Administrator Kurt Ackermann commented that written comments were received from David Dickerson from The Pizza Place. There being no one else wishing to address the Council on this item, Mayor Hammett closed the public hearing. It was the consensus of the Mayor and Council to send this back to the Public Health & Safety Committee for further study and to bring their recommendations to the Council as soon as possible. 2. Public hearing regarding proposed Drainage Ordinance. Mayor Larry Hammett opened the floor for a public hearing to consider proposed Drainage Ordinance. THOSE IN FAVOR OF ORDINANCE: None THOSE OPPOSED TO ORDINANCE: None Councilmember Jim McSwain had several items to be clarified. It was the consensus of the Mayor and Council for the Director of Public Works Danny Johnson to study these oamments and make any needed corrections and have a recommendation at the next meeting. - 409 - There being no one else wishing to address the Council on this item, Mayor Hammett closed the public hearing. V. CITY AEMINISTRATOR'S REPORT: Discussion regarding water rate proposal. The Mayor and Council discussed the proposed water rate study for the City of Stephenville submitted by Freese and Nichols, Inc., Consulting Engineers. It was the consensus of the Mayor and Council that the maximum fee of $25,000.00 was excessive. They asked City Administrator Kurt Ackermann to "shop around" for some other proposals and do it as quickly as possible. Also to check with Freese & Nichols, Inc. to see if there were some parts of their proposal that could be deleted. Councilmenber Bob Self suggested, maybe, someone at TSU could work up a proposal. VI. EXECUTIVE SESSION: As provided in the Open Meetings Act, Vernon's Texas Civil Statutes, Article 6252 -17, Section 2(e), Contemplated Litigation. 1. Discussion by Mr. J. N. Locklin regarding acquisition of sewer ease- ment 2. Report from City Attorney regarding pending litigation - Osborne Case. No action was taken on matters discussed in executive session. VII. ADJOURNMENT: There being no other business to cone before the Council at this time, Mayor Larry Hammett adjourned the meeting at 8:30 p.m. ATTEST: e, City Sedretary - 410 -