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HomeMy WebLinkAbout1983-10-04 - Regular City CouncilMINUTES OF THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS, HELD ON TUESDAY, OCTOBER 4, 1983 - 7:00 P.M. The regular meeting of the City Council of the City of Stephenville, Texas, was called to order by the Mayor Pro Tem with the following'menbers present. Mayor Pro Tem John E. Pollan Councilmembers: Floyd Gordon G. A. Swindle and with the following members absent: Mayor Joe F Reynolds, and David Clayton. Charles Riggins James L. McSwain ,William G. Brede, Ray 299 City Administrator Kurt J. Ackermann, City Secretary Joyce Pemberton, City Attorney Joseph Chandler, Director of Finance Charlene Young, Chief of Police Doug Conner, Fire Chief Larry May, Purchasing gent Betty Chew, members of the press and many others were also present. ITEM I: CONSIDER APPROVAL OF MINUTES. Councilman McSwain moved,that the minutes of the council meetings of August 30, 1983 and September 6, 1983, be approved as written. Councilman Swindle seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM II: HEAR BRAD ALLEN REQUESTUiG APPROVAL ON BOND ISSUE THROUGH STEPHENVILLE mmCi AT -1-W WArTT 1M=0 n �rc+r . I,, ....r., Mr. Brad Allen addressed the Council advising them',that his bond counselor, Mr. Jack Gray, was unable to attend this meeting. Mr. Gray '',was to have made the presentation of the request for Council approval on this bond issue through the Stephenville Health Facilities Development Corporation, Mr.. Allen said he would like to take this time to and to dispel some of the rumors circulating among some Mr. Allen said they are in the process, as a corpo: facilities located on 1q, Washington Street (Rock House) located on the Lingleville Highway (North Rock House). property adjacent to the existing property. He nmade app Health Facilities Development Corporation to assist in i by issuance of bonds. The action coming before the Cit, concern the financing of the facility he is going to mot Mr.. Allen explained that the location of the proF of the Lingleville Highway, There is no plans to loca The proposed facilities will consist of two (2) buildi application provides for two (2) apartments also,i. but to build the two (2) apartments. He does plan on Iran location. The new structure will be within 50" to 60' be used for a classroom and administration building. of the facilities, ain what the bond project is the citizens. .tion, of moving one of his ver by his other two facilities o do this he purchased some ication to the Stephenville e financing of said project Council at this time would only :d facility will be within 100' a facility on Spicewood Street. at this point in time. The this time, he does not plan rring Rock House to this the existing facility and will state rules prohibit expansion Mr. Allen said he would again like to reiterate that the zoning is prober - - - all proper procedures have been followed public notice,was given several times of meetings. He has had only one (1) private citizen and one (1) councilperson contact him about this project. Mayor Pro Tem Pollan advised again that there woulc item at this meeting as Mr. Gray who was retained by Mr, bond program is unable to be here, therefore, there can this time. Those persons present wishing to ask questic this time. be no council action on this Allen to review the proposed 5e no official action taken at as of Mr. Allen my do so at 1360 At this time Mr. Allen answered numerous questions from persons in the audience and members of the Council_ After a very lengthy discussion, Mayor Pro Tem Pollan tabled this item and called a special meeting for Thursday, October 13, 1983 at 7:00 p.m. at which time Mr. Gray should be present and action could be taken at that time. ITEM III: HEAR DAVID JOHNSON; CITY MANAGER CITY OF DUBLIN, REGARDING T OT\TnWTTT r'omc �ccc Mr. David Johnson, City Manager City of Dublin, addressed the Council regarding the increase, from $3.00 to $4.00 per cubic yard, ($80.00 per load), in the landfill gate fees. Mr. Johnson said that this would increase their annual budget by approx- imately $7,000.00 and he felt it was his duty and his responsibility to the citizens of Dublin to come before the Council to ask for a review of this increase in gate fees. Councilman Swindle advised Mr. Johnson that at the time the landfill site was purchased it was not planned to have Dublin use the site. Dublin is approximately one - fourth the size of Stephenville which is using the land faster that anticipated and Stephenville will be faced with purchasing another landfill site sooner than anticipated. Mayor Pro Tem Pollan told Mr. Johnson that he respected him for doing his job but it was his thought that he might want to check with DeLeon to maybe form a joint venture with them or they might look at purchasing their own landfill site. Mayor Pro Tem Pollan advised Mr. Johnson that the Council considered these fees thoroughly during budget discussions to be sure they were not puttiTlg undue pressure on anyone whose fees were increased. Councilman Riggins advised Mr. Johnson that in checking the records he had found that Dublin uses about 1.3 acres per year of the landfill which is about 20% of the acreage being used each year, Under the new rates Dublin will be paying about 207 of the landfill budget and the Council .feels this is fair. Mayor Pro Tem Pollan said he felt that the message Mr. Johnson could take back to his people was that the Stephenville City Council had spent many long and hard hours over the budget and had increased several fees for services, i.e., water, sewer, and taxes, but had tried not to make it an undue burden to anyone. ITEM IV: CONSIDER PROPOSAL: TO'UPDATE TRAFFIC ENGINEERING REPORT. City Administrator Kurt Ackermem explained this is a proposal from Traffic Engineers, Inc, which is the firm that did the city's original traffic report in 1976. Last year the P & Z Commission recommended that the city update its traffic report. The question on the extension of Harbin Drive seeT>ed to make it doubly im- portant to get the report updated, Mr. Ackermaxn said the proposal outlined what they would do at an estimated cost of $15,000 to $20,000. They could start work within two (2) weeks of notification and expect to finish within six (6) months of starting date. CouncilTman Riggins moved to authorize Traffic Engineers, Inc. to proceed with the traffic report update as outlined in their proposal. Councilman Gordon seconded the motion. The motion ,carried by the following vote: AXES: All members present voted aye,. NOES: None TONS FROM PW Mrs. Helen Martin, Vice Chairperson of the Planning & Zoning Commission, Presented the following recommendations: A. Proposal To Amend Zoning Ordinance To Include R -3 Zoning District: Mrs. Martin advised the Council that the P & Z Commission has been looking over the Zoning Ordinance for about two (2) years trying to update and improve it. One of the areas discussed was to have a zoning district for large apartment complexes (5 or more units). This would improve the ap- pearance of the R -2 zone by not having the large complexes (10, 12, or more units) in the R -2 District. The Conmi.ssion felt this would also be a buffer zone between residences and businesses, i,e,, R -1, R -2, R�3, then B -1, 301 Also many of the.larger apartments are being "cramed" onto lots that are almost too small. It was the consensus of the Coum ssion to have some R -3 zones because they felt it was only fair'to the contractors and developers that they know where they would be able to put the larger apartments. Also it would save time. After some discussion, Mayor Pro Tem Pollan, with the consent of the Council, set Tuesday, November 1, 1983 at 7:00 p.m. in Council Chambers at City Hall as the date, time, and place for a public hearing to consider this item. B. Mayor Pro Tem Pollan, with the consent of the Council, set Tuesday, November 1, 1983 at 7:00 p.m. in Council Chambers at City Hall as the date,, time, and place for a public hearing to consider rezoning, from R -1 to R -2, Lot 28, Block 146, City Addition, (8.32 acres on Lingleville Highway and being part of the Paul Howell property. C. After some discussion, Councilman Riggins,moved passage and approval of an ordinance amending the city's Zoning Ordinance changing the number of members required for a quorum of the Planning & Zoning Commission. Councilman Swindle seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ORDINANCE AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF STEPHENVILLE BY AMENDING SECTION 19A, PARAGRAPH 6, PAGE 55, PROVIDING FOR THE QUORUM OF MEMBERSHIP OF THE PLANNING & ZONING COMMISSION REQUIRED. ITEM VI: HEAR COMMITTEE REPORT REGARDING CENTRAL APPRAISAL DISTRICT'S REQUEST TO LEASE PROPERTY. City Administrator Kurt Ackermann advised that he and Councilman McSwain had met with Mr. Bachus and it seemed to be the consensus of the committee that the property bordered by McNeil Street on the north, Long Street on the south, and Virginia Street on the west, would be a good site to lease to the Appraisal District for the site of their new building. When that site was discussed with Mr. Bachus he said he was totally in favor of it because it would be close to the courthouse, city hall, several attorneys in the downtown area, and the abstract companies, plus it would bring activity into the downtown area. Mr. Ackermann advised that, after talking with knowledgeable persons, such as appraisers, etc., the committee felt this property could be leased to the C.A.D. for $325.00 per month with a two (2) year option. They would do the im- provements on the land and, if for some reason, the C.A.D. is legislated out the im- provemnents on the land would revert back to the city. Councilman McSwain reported that the property in question was two (2) lots were 104' x 104' each and the proposed building would be 40' x 110' plus parking. After discussion, it was the consensus of the Council that $325.00 per month was not enough nmoney for amount of land being leased and that an appraisal of the property was needed. Mayor Pro Tem Pollan tabled this item on behalf of the committee until they come back with an appraisal of said property. VII: CONSIDER CONTRACT BETWEEN C.A.D. AND CITY FOR ASSESSMENT City Administrator Kurt Ackermann reminded the Council they had authorized the drafting of this contract at the last council meeting. Mr. Ackermann said he had had only one continent from any of the councilmembers and that concerned the paragraph "Remittance Collections" on page 2 of said contract. He had suggested that the remittance be weekly rather than monthly February thru September. Councilman Gordon commented that he felt the deposits should be daily. After some discussion, Councilman Riggins moved approval of the contract between the C.A.D. and the City for assessment and tax collection services, providing that the paragraph "REMITTANCE OF COLLECTIONS" on page 2 be changed to read "The taxes collected for each taxing unit shall be remitted to the unit daily, from October 1 tbru September 30, for the duration of this contract.,, Councilmnau Cordon seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None i' M) 2 ITEM VIII: CONSIDER FOR APPROVAL CONTRACT AGREEMENNT'TO IMPLF,^�NT'IpCAL Councilman McSwain explained this is aiicomputer program hooked up with other city governments by which the City of Stephenville may inquire of other cities on this program for information as to how they have solved problems which are similar to ours. Also get statistical information for different projects.. " . Mayor Pro Tem Pollan commented that this system will provide input from other cities for a given situation similar to the information we get from TML. He also explained this was reviewed and discussed in the budget meetings and it was the consensus at that time to go ahead with it. Now approval of the contract is all that is needed. Councilman McSwain moved approval of the contract /agreement for Local Government Information (LOGIN) Service as presented, subject to approval of contract by the City Attorney. Councilman Swindle seconded the motion. The Council entered into a discussion of Item 4: "TERMINATION" of the said contract which states the customer has the option to terminate this agreement within 120 days or on or before December'16, 1983. It was the general opinion of the Council that they would not get the full 120 days for a trial period. After discussion, Mayor Pro Tem Pollan directed the City Administrator to get clarification on the Agreement Termination Clause to see if it could be amended to extend the termination date to allow the full 120 days trial period. No question was called for the motion on the floor. IX: HEAR RECOMMENDATION FROM FIRE CHIEF REGARDING POLICIES FOR Fire Chief Larry May presented his recomaendations regarding policies for ambulance transfers and stand -by services. Mayor Pro Tem Pollan appointed the following councilmembers as a committee to work with Mr. May and to present their recommendations to the Council at.the next meeting: G. A. Swindle, chairman James McSwain Charles Riggins SIT M X: HEAR REPORT FROM CHIEF REGARDING MUTUAL AID AGREEMENT'S FOR Fire Chief Larry May discussed with the Council a proposed countywide agreement for mutual aid for countywide fire protection. After discussion, Mayor Pro Tem Pollan appointed the following councilnmbers as a conTdttee to study this agreement and work with Mr. May and present their recomrendations to the Council at the next meeting: G. A. Swindle, chairman James McSwain Charles Riggins ITEM XI: AUTHORIZE INVITATION FOR BIDS TO REMODEL ROOM AT LIBRARY. Councilman Swindle moved that Libriarian Marilyn Alford be authorized to invite bids for the remodeling o£ one (1) room at the Stephenville Public Library. Councilman Biggins seconded the motion. The motion carried by the following vote; AYES: All members present voted aye. NOES: None STATE OF TEXAS FILE COPS' OCT. 14 1983 COUNTY OF ERATH X CITY OP, STEKIENViiUV CONTRACT FOR ASSESSMENT AND COLLECTION SERVICES On this the 15th day of September, 1983, the Central Appraisal District of Erath County, (hereinafter called "District ") and the City of Stephenville (hereinafter called "Taxing Unit "), enter into the following agreement: PURPOSE The parties to this agreement wish to consolidate the assessment and collection of property taxes in one agency, the Central Annraisal District. The City of Stephenville enters this agreement to eliminate the duplication of the existing system and to promote governmental efficiency. The parties enter this contract pursuant to the authority granted by Section 6.24, Property Tax Code, and TEX.REV.CIV.STAT.ANN.Art.4413 (32c)` (Vernon 1979). { TERM This contract shall be effective from October 1, 1983 to March 1, 1985, provided, however, that the district shall complete performance of service to be performed for the 1984 tax year after delinquency, if the district finds extension to be necessary. To remain effective, this contract must be approved by any subsequent governing bodies of the parties to this contract. SERVICE TO BE PERFORMED (1) The district shall collect the ad valorem property taxes owing to the City of Stephenville. The district further agrees to perform for the.City of Stephenville all duties provided by the laws of the State of Texas for the collection of said taxes. (2) The district shall perform all the functions set out in the definitions section of the contract. Specifically the district agrees to prepare and mail tax statements for each taxpayer within the district. (3) The City of Stephenville hereby designates the Chief Appraiser as its tax assessor for purposes of compliance with Chapter 26 of the Texas Property Tax Code, as amended. In addition, the parties agree that the Chief Appraiser of the district shall perform all the duties required by law of the tax assessor- collector of the City of Stephenville in regard to assessing and collecting ad valorem taxes. (4) Complete the State Property Tax Boards market value report. (5) Prepare delinquent tax statements each quarter year (3 months) with correct penalty and interest calculated to reflect total amount due, if paid in a particular month. PAYMENT Amount of Payment: he tax unit agrees to pay the district the cost of perform the services specified above, These costs shall be allocated to the taxing unit contracting for assessment and collection services in the following manner; Each taxing unit shall pay the portion of the cost of assessing and collecting that is equal to the proportion that the total number of collection accounts- for that taxiing unit bears to the sum of the total number of collection accounts of all taxing units for which the district assesses and collects taxes, This cost is budgeted for 1983 at $4,889.00 plus postage for the 1983 tax roll. (2) In the event payment is received in any one year exceeds the actual, cost of assessing and collecting, the district shall reimburse the taxing units the excess funds. Method of Payment: The cost oassessing and collecting taxes for each taxing unit shall be paid to the appraisal district in four quarterly installments. The Chief Ap- praiser and the governing body of the taxing unit may agree to delay a payment from a, taxing unit or to arrange a different method of payment. REMITTANCE OF COLLECTION The taxes collected for each taxing unit shall be remitted to the unit daily for the duration of this contract, ADMINISTRATIVE PROVISIONS (1) All expenses incurred by the district for the assessment and collection of tvices shall be clearly kept on the books and records'of the district. The tax - ing units or their designated representatives are authorized to examine the re- cords to be kept by the district at such reasonable times and intervals as the taxing units deem fit. Such books and records will be kept in the offices of the district. (2) The district agrees to obtain a surety bond for the Chief Appraiser acting in his capacity as assessor- collector for the City of Stephenville. Such bond shall be payable to the City of Stephenville, for no less than Fifty . Thousand ($50,000.00) Dollars. MISCELLANEOUS PROVISIONS (1) The taxing unit agrees to transfer to the possession and 'control of the district, without charge, copies of all records necessary for the performance of the duties and responsibilities of the district pursuant to this contract.` These records shall include all tax records, including delinquent tax rolls, or records available to the taxing units. (2) The district shall not be liable to the taxing unit on account of any failure to collect taxes nor shall the Chief Appraiser be liable unles.s,the failure to collect taxes results from some failure on his 'part to perform the duties imposed upon him by law and by this. agreement. (3) Payments by the taxing units for the service under this contract shall be made from current revenues available to the taxing units'. DELINQUENT TAX SUITS The taxing unit authorize the district to institute such suits for the collection of delinquent taxes as the district deems necessary and to contract with an attorney, as provided by Section 6.30 of the Property Tax Code, for the collection of delinquent taxes. DEFINITIONS For purposes of this agreement, the terms "assessment" and "collection shall include the following: calculation of tax, preparation of current and delinquent tax rolls, proration of taxes, correction of clerical errors in tax rolls, collection of current liabilities, collection of delinquent taxes, issuance of %refunds, and calculation of an effective tax rate required by Section 26.04 of the Property Tax Code. The term "assessment" shall not include those functions defined as "appraisal" by the Property Tax Code. Executed at Stephenville, Texas, on the date and year first written above. CITY OF STEPHENVILLE CENTRAL APPRAISAL DISTRICT OF ERATH COUNTY ;—City o Svil e Chairman, Board ot Vir ecto s 303. ITEM XII: CONSIDER BID PROPOSALS: A. WORD PROCESSOR - CITY SECRETARY'S OFFICE: City Secretary Joyce Pemberton presented the following bids for a word processing system: 1. CPT of Fort Worth--------- - 1300 Summit Ave., Suite 202 Fort Worth, Texas - $11,443.45 2. Lanier Business Products ------------------------------ $10,885.00 711 Bosque Blvd., Suite 201 Waco, Texas Mrs. Pemberton recommended the CPT 8520 system because of the tele -cone nlications already built into the system - - - the black on white upper and lower (preview) screen - - - the ease of operation - - - the math, charts, and graph capa- bilities. After some discussion, Councilman Swindle moved that based on Mrs. Pemberton's review and the adaptability of this equipment to future equipment to accept the bid of $11,443.45 for a CPT 8520 word processing system from CPT of Fort Worth. Councilman McSwain seconded the motion. The motion carried by the following vote: AYES: All uEnbers present voted aye. NOES: None B. COMPUTER SYSTEM - ADMINISTRATIVE SERVICES & UTILITY ACCOUNTS. Mr. Dan Collins, computer consultant retained by the City to help with specifications for a compuer system, advised the Council that the low bid from CPS (Texas Instruments from Wichita Falls, Texas) does meet all requirements and, in his opinion, there is no reason not to accept the low bid. Councilman McSwain moved acceptance of the low bid of $93,845.00 from CPS - Texas Instruments for the purchase of a computer system. Councilman Biggins seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM XIII: DISCUSSION OF POLICY WITH REGARD TO Mayor Pro Tem advised that he thought this item would require some review and discussion. He appointed the following councilmenbers as a committee to review and work with city staff and bring some recommendations back to the Council at the next meeting: Bill Brede, chairman Floyd Gordon David Clayton There being no other business to come before the Council, Mayor Pro Tem adjourned the meeting at 9:50 p.m. ;z Jo o lan, Mayor Pro Tem ATTEST; ity ecretaiy ORDINANCE AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF STEPHENVILLE BY AMENDING SECTION 19A, PARAGRAPH 6, PAGE 55, PROVIDING FOR THE QUORUM OF MEMBERSHIP OF THE PLANNING & ZONING COMMISSION REQUIRED. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: SECTION ONE The Zoning Ordinance of the City of Stephenville is hereby amended by changing Section 19A, Paragraph 6, Page 55, which provides for the quorum of membership and which is as follows: 6. MEETINGS AND QUORUM A quorum for the conduct of business shall be a majority of the members of the 'Planning and Zoning Commission. The members of the Commission shall regularly attend meetings and public hearings of the Commission and shall serve without compensation, except for reimbursement of authorized expenses attendant to the performance of their duties. PASSED AND APPROVED this the 4th day of October, 1983. ATTEST: City Secretary