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HomeMy WebLinkAbout2014-07-01 - Regular City CouncilMINUTES OF REGULAR BUSINESS MEETING City of Stephenville - City Council Tuesday, July 1, 2014, 5:30 P.M. The City Council of the City of Stephenville, Texas, convened on July 1, 2014, at 5:30 p.m., in the Council Chambers at City Hall, 298 West Washington Street, for the purpose of a Regular Business Meeting, 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 Chapter 551, Government Code, Vernon's Texas Codes Annotated, with the following members present, to wit: Mayor Jerry K. Weldon II Mayor Pro -Tem Russ McDanel Council members Casey Hogan Boyd Waggoner Doug Svien Brady Pendleton Alan Nix Sherry Zachery Jerry Warren Others Attending Mark A. Kaiser, City Administrator Randy Thomas, City Attorney Cindy L. Stafford, City Secretary I. Call to Order. The meeting of the Stephenville City Council was called to order at 5:30 p.m. on Tuesday, July 1, 2014, by Mayor Weldon. H. Citizens' General Discussion. No one desired to speak. III. Kim Pack Wilson—Bond No. ASB5535572, Statutory Performance Bond; Prime Construction Company, Principal and American Safety Casualty Insurance Company, Surety, to City of Stephenville, Obligee Kim Pack Wilson addressed the council on behalf of her clients—City Electric, Lone Oak Landscaping, and Watson Insulation—in the above -entitled matter. [This matter was discussed by council in executive session.] IV. Consider Adoption of Ordinance No. 2014-17 Annexing 420 Acres, M. R. Williams Survey, A-804, and being generally located east of US 281 and north of FM 8, Erath County, Texas Betty Chew, Director of Community Development, reminded the council that the Planning and Zoning Commission forwarded its recommendation to initiate unilateral annexation of this property to the city council on April 1, 2014. City council has held the required public hearings on May 6 and June 3. [logo Inr Business Meeting Itoy 1, 2014 Stephenville City Council Kyle McGregor, Vice President for Advancement and External Relations at Tarleton State University, said that he was present to answer any questions concerning this matter. He explained that Tarleton is faced with old, deteriorating water and sewer infrastructure at this location; rather than replace it themselves, the preferred choice would be to contract with the city for these services. MOTION by Russ McDanel, second by Sherry Zachery, to table this issue. MOTION CARRIED by the following roll call vote: Ayes: Council members Waggoner, Svien, McDanel, Zachery, Warren. Noes: Council members Pendleton, Nix. Abstentions: Casey Hogan abstained from voting, having filed a conflict of interest affidavit with the city secretary. V. Consider Approving Agreement with Tarleton State University to Provide Water Service Outside City Limits MOTION by Boyd Waggoner, second by Russ McDanel, to approve the agreement with Tarleton State University to provide water service outside the city limits. MOTION CARRIED. Casey Hogan abstained from voting, having filed a conflict of interest affidavit with the city secretary. VI. Consider Approving an Annexation Committee for Development of Area "E" of the Master Annexation Plan MOTION by Doug Svien, second by Russ McDanel, to refer the timeline for "Annexation Committee for Development of the Master Annexation Plan" to the Planning and Development Committee. MOTION CARRIED by unanimous vote. VII. PLANNING AND ZONING COMMISSION—Consider Preliminary Plat of Elk Ridge Estates Subdivision Phase III, being 13.015 acres of land in the J. B. Dupuy Survey, A-196, City of Stephenville, Erath County, Texas Betty Chew reported that this preliminary plat of Elk Ridge Estates Subdivision Phase III represents 13.015 acre residential subdivision comprised of 41 lots, all of which are standard single-family residential lots -0.25 to 0.50 acre in size. Owner Andy Hansen was present to answer questions. MOTION by Casey Hogan, second by Brady Pendleton, to approve the preliminary plat of Elk Ridge Estates Subdivision Phase III. MOTION CARRIED by unanimous vote. Regular Business Meeting July 1, 2014 Stephenville City Council VIII. Consider Adopting Ordinance No. 2014-17 Repealing Certain Language from Sec.73.11 of the Stephenville Code of Ordinances Pertaining to Public Conduct During Parades or Street Activity MOTION by Russ McDanel, second by Casey Hogan, to adopt Ordinance No. 2014-17. MOTION CARRIED by unanimous vote. IX. Consider Approval of Resolution No. 2014-05 Authorizing Agreement with All American Investment Group to Secure Financing for Advanced Metering Infrastructure (AMI) Project Susan Gay Neblett Dorsett said that she opposes the advanced meter system and wished the council had exercised due diligence in connection with the possible dangers associated with these types of meters and the effect they may have on its citizenry. MOTION by Doug Svien, second by Alan Nix, to approve Resolution No. 2014-05, to authorize a long-term capital investment lease with All American Investment Group, LLC. MOTION CARRIED by unanimous vote. X. CONSENTAGENDA Russ McDanel asked that Item A.2. be removed. MOTION by Brady Pendleton, second by Casey Hogan, to approve Items A.1., B., and C. MOTION CARRIED. MOTION by Russ McDanel, second by Doug Svien, to approve Item A.2. as corrected. MOTION CARRIED. A. Approve Minutes 1. Amended Minutes for May 27, 2014 Special Council Meeting 2. June 3, 2014 Regular Council Meeting B. Resolution No. 2014-06 Adopting Authorized Broker/Dealer C. Settlement and Release Agreement with Oncor Electric Delivery Company LLC (Street Lights) XI. Comments by City Administrator • Sewer line replacement project is going well. Work in the Lockwood Addition has been completed, and crews are currently working in the Clifton Heights Addition. • Brick Street project is underway on East Long Street from Devine to Virginia Street. • The city's domain name is being changed to stephenvilletx.gov. • Household Hazardous Waste Collection will be August 16. Regular Business Meeting July 1, 2.014 Stephenville City Council XII. Comments by Council members Casey Hogan wished everyone a happy and safe Fourth of July and expressed his appreciation to the military men and women serving our nation. He also requested that discussion of a smoking ban in public places within the city limits of Stephenville be placed on the Public Health and Safety Committee. Doug Svien said that he hoped to have a presentation on the budget process for the August 5"' council meeting. Russ McDanel said that he wanted to share one of his favorites quotes of Abraham Lincoln before council went into executive session--" Be sure and put your feet in the right place and then stand firm." Brady Pendleton thanked Doug Montgomery and Texstar Ford for their partnership in the Summer Concert Series. He also thanked the Optimist Club and the Stephenville Parks & Recreation Department for their participation in all of the Fourth of July activities. Alan Nix commended Stephenville Parks & Recreation Department for hosting the 18U Girls State Fast -Pitch Softball Tournament. Eighteen teams from across the state competed here in Stephenville, and the top six teams move on to the national tournament in Montgomery, Alabama. Sherry Zachery said that the Fourth of July In The Park is one of the events that she and her family attended before moving to Stephenville, and she appreciates the efforts in conducting this holiday tradition. Mayor Weldon also thanked those serving in the military, and encouraged everyone to celebrate this special holiday. XIII. EXECUTIVE SESSION. At 7:18 p.m., Mayor Weldon recessed the open portion of the meeting, and council went into executive session in compliance with the provisions of the Texas Open Meetings Law, Subchapter D, Government Code, Vernon's Texas Codes, Annotated, in accordance with Sec. 551.071 Consultation with Attorney and Sec. 551.074 Personnel Matters (a)(1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee A. Bond No. ASB535572, Statutory Performance Bond; Prime Construction Company, Principal and American Safety Casualty Insurance Company, Surety, to City of Stephenville, Obligee B. Bond No. 105857493, Performance Bond; Jay Mills Contracting, Inc, Principal and Travelers Casualty and Surety Company of America, Surety; City of Stephenville, Obligee Regular Business Meeting July 1, 2014 Stephenville City Council C. Reassignment, duties, and salaries of administrative staff—City Administrator, Director of Utilities, Director of Community Services, and Director of Community Development Council reconvened in open session at 10:04 p.m. XIV. Action taken on matters discussed in executive session (if necessary) MOTION by Casey Hogan, second by Brady Pendleton, to hire attorney Jeff Cambell at a ten-hour maximum to consult with the city concerning the payment bond on the Fire Station No. 2. MOTION CARRIED. MOTION by Casey Hogan, second by Brady Pendleton, to file a claim regarding the statutory performance bond with American Safety Casualty Insurance Company on Fire Station No. 2. MOTION CARRIED by unanimous vote. MOTION by Casey Hogan, second by Brady Pendleton, to proceed with filing a claim on the performance bond regarding Jay Mills Contracting, Inc., principal and Travelers Casualty and Surety Company of America, surety. MOTION CARRIED by unanimous vote. In regard to XIII.C., Mayor Weldon announced that the council will meet in October to discuss the development of a strategic plan and will conduct an out -of -cycle performance evaluation of the city administrator by August 1. XV. Adjourn MOTION by Casey Hogan, second by Alan Nix, to adjourn the meeting. MOTION CARRIED at 10:07 p.m. 4rKqIdon II, Mayor ATTEST: Cindy L. St Ord, elty Se ary Regular Business Meeting; July 1, 2014 Stephenville City Council Mr. Mayor, members of the Council – It is a privilege to stand before a governing body to ask questions and voice concerns, and it is an honor to appear before this council for that purpose. I do not mean any of my comments in a manner antagonistic to Tarleton because it is doing exactly what it needs to do: Tarleton needs to grow and expand and improve its infrastructure so that it can provide the best possible education for its customer base. Tarleton's focus is rightfully on itself and its student -constituency. However, the council is similarly right to focus on its constituency of taxpayers and citizens—of which Tarleton is a part, but by no means the whole. Having carefully followed talking points in recent elections, two issues were posed by various candidates as being of significant concern for Stephenville: (a) smart growth of the tax base; and (b) the water supply. Those issues are relevant tonight, inasmuch as the proposed annexation seems contradictory to them. And so it is that a handful of concerns arise for the average Citizen Jane: 1. Would the annexation, if approved, count against the city's annual 10% limit? Or is it treated as state-owned and excluded? 2. If the "upside" to annexing this tax-exempt parcel is that it will allow for an ETJ bumpout, to what limits (or what properties) will the ETJ extend? 3. In last week's Agenda, an e-mail from Dr. Dottavio to Mark Kaiser on 05/20/14 says that College Farm will be "a large customer for water and sewer services." What is the anticipated average quantity of water usage at College Farm? 4. How does the anticipated average quantity of usage expedite the City's need for new wells? 5. Will all water, including irrigation, be drawn from the city supply or will Tarleton maintain wells for some purposes? 6. Will the water restrictions in the city Drought Response Plan apply to College Farm? Dr. Dottavio's e-mail very eloquently states that "[the university's vision] requires that we partner with the City of Stephenville at the Agriculture Center and elsewhere to best use the water resources of the community. It is important to Tarleton that Stephenville prosper and it is only through partnerships that we can both succeed. We look forward to additional conversations on how we can work together to enhance the water supply of the community...." The city and Tarleton are, indeed, in a partnership, the existence and state of which begs a few more concerns: 7. What exactly is the city asking of its partner with regard to Hunewell Ranch—a request for a drilling agreement, a water pipeline easement, something else? P",1mx 5.11, smwson S,pher-ln cuy council MeennQ -June z, 2014 8. How long has the city been trying to negotiate some kind of water -related agreement with its partner concerning Hunewell Ranch? Since both partners have a water -centric issue they need assistance with, why would we not take the time now to negotiate a mutually -beneficial arrangement for both partners? Now, I'm not saying that College Farm shouldn't be annexed. But I am saying it should not be annexed like this, next month I am saying that the Council should take the university up on its offer to further discuss how to "enhance the water supply of the community" before acceding to the university's annexation desire. If the water supply is a critical issue for our community, and the experiences of our north Texas neighbors suggests it is, then I am encouraging you to table this annexation and take the time for further discussions, before unceremoniously handing over the milk in the hopes that your 'good will' may someday result in a gratuitous cow purchase. Thank you again for your consideration and your time Shelby Slawson Palle 2 ul2 SLall)y Slowson St,,,MnvAlo City Coundl M etmO—Amc 2. 2014 ORDINANCE NO. 2014-17 AN ORDINANCE REPEALING CERTAIN LANGUAGE FROM §73.11 PUBLIC CONDUCT DURING PARADES OR STREET ACTIVITY (D) INITIATION OF A PARADE OF THE CODE OF ORDINANCE AND PROVIDING FOR AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: Section One Chapter 73: Public Conduct During Parades or Street Activity. Remove from (D) Initiation of a parade, the following sentence: "No participant shall throw or give away candy, gifts, tokens, advertisements or any other object from any parade unitwhile the unit is on the parade route." Section Two This ordinance shall become effective upon its passage. PASSED AND APPROVED at a meeting of the City Council of the City of Stephenville, Texas, this 1" day of July, 2014. Jerr K. el on II, Mayor ATTEST: Cindy L. S ford, City Se ry _ j'zC.... / Reviewed by Mark A. Kaiser, City Administrator Approved as to form and legality Randy Thomas, City Attorney