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CC Minutes City of Weatherford

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CC Minutes City of Weatherford Powered By Docstoc
					MINUTES OF THE CITY COUNCIL EXECUTIVE SESSION HELD February 24, 2009
The City Council of the City of Weatherford, Texas met in Executive Session on Tuesday, February 24,
2009 at 12:00 p.m. in the Council Chambers at 303 Palo Pinto Street, Weatherford, Texas. Present were
Mayor Dennis Hooks, Mayor Pro Tem Clem Smith, Council Members Jan Barton, Craig Swancy and
Waymon Hamilton. City Staff included: City Manager Jerry Blaisdell, Assistant City Manager Robert
Hanna, City Attorney Ed Zellers and City Secretary Laura Simonds.

Mayor Hooks announced a quorum was present. The Council convened into executive session at 12:00
p.m.

Pursuant to Chapter 551, Texas Government Code, VTCS, (Open Meetings Law) in accordance with the
authority contained in Section 551.072 – To deliberate the purchase, exchange, lease, or value of real
property-Opry House.

At 12:21 pm, the Council reconvened into open session and adjourned the executive session.


MINUTES OF THE CITY COUNCIL REGULAR SESSION HELD February 24, 2009
The City Council of the City of Weatherford, Texas met in Regular Session on Tuesday, February 24,
2009 at 12:21 p.m. in the Council Chambers at 303 Palo Pinto Street, Weatherford, Texas. Present were
Mayor Dennis Hooks, Mayor Pro Tem Clem Smith, Council Members Craig Swancy, Jan Barton and
Waymon Hamilton. City Staff included: City Manager Jerry Blaisdell, Assistant City Manager Robert
Hanna, City Attorney Ed Zellers and City Secretary Laura Simonds.

Mayor Hooks announced a quorum was present. The meeting was called to order at 12:21 p.m.

Action on Executive Session Item
To take action, if necessary, regarding the purchase, exchange, lease, or value of real property-
Opry House. No action was taken on this item.

Oath of Office to Chief of Police Mike Manning. City Manager Jerry Blaisdell administered the Oath of
Office to the newly appointed Chief of Police Mike Manning.


CONSENT AGENDA
The following consent items were unanimously approved and adopted on the motion of Jan Barton, second
by Craig Swancy. Motion carried 5-0.

Approved the minutes from the regular city council meeting held on February 10, 2009.

Approved Ordinance 428-2009-09 on final reading to rezone a 3.57 acre tract of land, situated in the
Desiderio De La Cruz Survey, Abstract No. 223, City of Weatherford, Parker County, Texas and
being a portion of that 23.38 acres conveyed to Willard S. Thomas and wife Wylene Thomas, Parker
County, Texas, from Single Family 8.4 (SF-8.4) to General Retail (GR). The Ordinance is captioned as
follows:
                                      ORDINANCE 428-2009-09
    AN ORDINANCE AMENDING THE ZONING DISTRICT BOUNDARIES OF THE ZONING
    DISTRICT MAP OF THE CITY OF WEATHERFORD, TEXAS, CONCERNING CERTAIN
    PARCELS OR TRACTS OF LAND WITHIN THE CORPORATE LIMITS OF THE CITY OF
    WEATHERFORD, TEXAS; REPEALING ALL ORDINANCES OR PARTS OF
    ORDINANCES IN CONFLICT; AND PROVIDING A SAVINGS CLAUSE


                                                                                             Page 1 of 5
Approved of an application for a Final Plat, Lot 1 and Lot 2, Block 1, Apes Addition, an addition in
the City of Weatherford, Parker County, Texas, and being 3.387 acres situated in and being a
portion of the W. K. Baylor Survey, Abstract No. 186, Parker County, Texas.

Approved of an application for a Final Plat, being Ranger Highway Industrial Park, an addition in
the Extraterritorial Jurisdiction (ETJ) of the City of Weatherford, Parker County, Texas, being
12.917 acre subdivision out of the Thomas Brown Survey, Abstract No. 133, Parker County, Texas.

Adoption of Ordinance 425-2009-06 on final reading for stop sign located at South Elm Street at the
intersection with East Lee Street. The Ordinance is captioned as follows:

                               ORDINANCE 425-2009-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEATHERFORD, TEXAS, AMENDING
WEATHERFORD CODE OF ORDINANCES, TITLE X MOTOR VEHICLES AND TRAFFIC, CHAPTER 3
TRAFFIC-CONTROL DEVICES, SECTION 10-3-12 SPECIFICALLY CONTROLLED STREETS BY ADDING
THERETO CERTAIN INTERSECTIONS FOR THE ENFORCEMENT OF TRAFFIC CONTROL DEVICES ON
RIGHT-OF-WAYS IN THE CITY OF WEATHERFORD, TEXAS, PROVIDING FOR THE REPEAL OF ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; AND PROVIDING A SAVINGS CLAUSE,
ESTABLISHING A PENALTY.
Adoption of Ordinance 426-2009-07 on final reading for a stop sign located at westbound Woodland
Hills Lane at Clear Lake Road. The Ordinance is captioned as follows:

                               ORDINANCE 426-2009-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEATHERFORD, TEXAS, AMENDING
WEATHERFORD CODE OF ORDINANCES, TITLE X MOTOR VEHICLES AND TRAFFIC, CHAPTER 3
TRAFFIC-CONTROL DEVICES, SECTION 10-3-12 SPECIFICALLY CONTROLLED STREETS BY ADDING
THERETO CERTAIN INTERSECTIONS FOR THE ENFORCEMENT OF TRAFFIC CONTROL DEVICES ON
RIGHT-OF-WAYS IN THE CITY OF WEATHERFORD, TEXAS, PROVIDING FOR THE REPEAL OF ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; AND PROVIDING A SAVINGS CLAUSE,
ESTABLISHING A PENALTY.


Adoption of Ordinance 427-2006-08 on final reading for the placement of a yield sign for eastbound
traffic on Live Oak Lane at its intersection with South Brazos Street. The Ordinance is captioned as
follows:

                               ORDINANCE 427-2009-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEATHERFORD, TEXAS, AMENDING
WEATHERFORD CODE OF ORDINANCES, TITLE X MOTOR VEHICLES AND TRAFFIC, CHAPTER 3
TRAFFIC-CONTROL DEVICES, SECTION 10-3-12 SPECIFICALLY CONTROLLED STREETS BY ADDING
THERETO CERTAIN INTERSECTIONS FOR THE ENFORCEMENT OF TRAFFIC CONTROL DEVICES ON
RIGHT-OF-WAYS IN THE CITY OF WEATHERFORD, TEXAS, PROVIDING FOR THE REPEAL OF ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; AND PROVIDING A SAVINGS CLAUSE,
ESTABLISHING A PENALTY.


Adoption of Resolution R2009-05 Approving a Regional Transportation Legislative Program for the
81st Texas Legislature.

Adoption of Resolution R2009-04 Approving a Legislative Position on Rail North Texas: A Primary
Rail Legislative Program With Supplemental Roadway Improvements.

Consider and/or act upon approval on first reading of an Ordinance changing the fiscal year date
for the City of Weatherford. The Ordinance is captioned as follows:


                                                                                          Page 2 of 5
                               ORDINANCE NO. 430-2009-11
        AN ORDINANCE OF THE CITY OF WEATHERFORD, TEXAS, AMENDING TITLE I,
        CHAPTER 18, (FISCAL YEAR), SECTION 1 (FISCAL YEAR) OF THE CITY CODE OF
        WEATHERFORD; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
        CONFLICT; AND PROVIDING A SAVINGS CLAUSE AND EFFECTIVE DATE.

PUBLIC HEARING
Hold a public hearing and consider approval of Ordinance 424-2009-05 on first reading to approve
a request to rezone a 17.358 acre tract of land, being situated in and a portion of the A.T. Obenchain
Survey, Abstract No. 1033, Parker County, Texas, from Agriculture (AG) to Commercial (C).
Director of Planning and Development Don Stephens stated that the property is located south of Interstate
I-20 and west of Tin Top Road. The 2002 Future Land Use Plan identified this location as Single Family
Medium Density. The requested change is not in compliance. An approximate 17 acre commercial or
business development is proposed for this currently vacant tract. Staff approves this request pending
the applicant’s response to the issue of non-compliance with the Comprehensive Land Use Plan.
The applicant’s agent spoke at the P&Z hearing and provided their evidence as to why the
proposal would enhance the community. At the January 14, 2009 meeting, the Planning and
Zoning Board voted 6-0 to recommend approval of this case. Mayor Hooks opened the public
hearing. Chuck Stark, representative for the owner, requested approval of the zoning change. As
there was no further input, the public hearing was formally closed. On the motion of Clem Smith,
second by Waymon Hamilton, the Council voted unanimously to approve the zoning change as
requested. The motion carried 5-0.

Hold a public hearing and consider approval of Ordinance 422-2009-03 on first reading to approve
a request to rezone Site 1-DR, Block 6, Town Creek Addition Section 1, an addition to the City of
Weatherford, Parker County, Texas, from Light Industrial (LI) to Planned District (PD) with
General Retail (GR). Director of Planning and Development Don Stephens informed the Council that the
property is located at 1219 Holland Lake Drive. Earlier this year, the owners replatted in order to
expand the use. A lot from the Hilltop subdivision was added to create Lot 1-DR. Unfortunately,
the property was not rezoned at that time. This situation was discovered when the site plan and
building permit plans were submitted. In addition, the specifics of the original PD zoning case for
Veranda Place parcel could not be found. Therefore, in an effort to better document the zoning
and to create a single zoning district for this parcel, the applicant is seeking PD with GR, General
Retail zoning. Staff approves the request pending the applicant’s response to the issue of non-
compliance with the Comprehensive Land Use Plan. The applicant spoke at the P&Z hearing and
provided their evidence that the proposal would enhance the community. At the January 14, 2009
meeting, the Planning and Zoning Board voted 6-0 to recommend approval of this case. Mayor
Hooks opened the public hearing. As there was no public input, the public hearing was formally
closed. On the motion of Waymon Hamilton, second by Craig Swancy, the Council voted
unanimously to approve the zoning change as requested. The motion carried 5-0.

REGULAR AGENDA/ACTION ITEMS
Discuss and consider amendment of water rate ordinances to include Tarrant Regional Water
District (TRWD) pumping rate. Director of Utilities Sharon Hayes explained that the lake cannot
adequately serve the City’s long term needs, or provide a sufficient quantity in drought conditions. The
need for a secondary supply resulted in the construction of the Benbrook Pipeline in 2002. The
Benbrook Pipeline will supplement Lake Weatherford with TRWD water when needed. The goal
is to pump the minimal amount of water necessary to keep all 4 raw water pumps submerged and
operational.


                                                                                              Page 3 of 5
Lack of rainfall between August 2006 and spring 2007 caused the lake level to fall and the pump
station was used to stabilize water levels. Funds were not available and midyear adjustments
were necessary. The FY 2007 budget included $50,000 for pipeline expenses. The raw water and
pumping exceeded $398,000. The balance was closed by mid-year and budget adjustments. The
FY 2009 budget contains $60,000 for Benbrook services. While it is not possible to predict
pumping cost for this fiscal year, it can be stated with reasonable certainty that a prolonged
pumping period will quickly surpass available funding.

At the February 12, 2009, Special Utility Board meeting, the board approved staff’s proposal to
amend the water rate ordinances to include a rate for TRWD. The board voted 7-0 to recommend
to City Council adoption of the ordinances. The rate will be assessed only when we are pumping
TRWD water and will cease when cost are recovered. After consideration, on the motion of Jan
Barton, second by Waymon Hamilton, the Council voted to approve the amendments to the water
rate ordinances to include a TRWD pumping rate provision. Clem Smith voted in opposition of
the motion. The motion carried 4-1.

Discuss and consider approval of Bid #2009-010 for foam roof repairs for six City buildings.
Assistant Director of Parks and Recreation Scott Fairman stated that a wind/hail storm caused
considerable damage to City facilities on April 17, 2008. The City has filed a claim with Texas
Municipal League Intergovernmental Risk Pool, #0800144823. Damages will be funded from
this liability claim and from budgeted General Fund one time capital purchases. On the motion of
Craig Swancy, second by Clem Smith, Council voted unanimously to award the bid for foam roof
repairs for six City buildings to Garnit Roofing in the amount of $121,200.00. The motion
carried 5-0.

Consider adoption of Resolution 2009-03 to accept and amend the current fee schedule for the
Weatherford/Parker County Animal Shelter to include "Other" category for adoptions. Deputy
Chief of Police Wayne Slimp explained that the Weatherford Parker County Animal Shelter seized
and was ultimately awarded numerous birds. As employees began evaluating the process to adopt
the birds it was determined that the fee schedule did not include a category to set fees for animals
or birds that were not normally adopted. The addition of a "other" category will allow a fee to be
set, from time to time, for adoption of an animal other than one specifically listed on the current
fee schedule. The fee for animals that fit into the "other" category will be set by the Shelter
Manager and approved by the Chief of Police. One other amendment to the fee schedule is the
addition of the fee ($55) for shipping an animal head to the Texas Department of State Health
Services for a rabies test. The fee will be accessed to the owner of an animal that has bitten a
person and there is an immediate need to test for medical reasons. All other fees remain as
currently assessed. After discussion and consideration, on the motion of Craig Swancy, second
by Clem Smith, the Council voted unanimously to adopt Resolution 2009-03, accepting and
amending the current fee schedule for the Weatherford/Parker Council Animal Shelter to include
“Other” category for adoptions. The motion carried 5-0.

Discuss and consider authorizing the city manger to execute an agreement with the Texas
Department of Transportation to contribute funds toward ROW and utility cost associated with the
replacement of the bridge on FM 730 over Lake Weatherford. Director of Transportation and Public
Works Terry Hughes stated the Texas Department of Transportation (TxDOT) is requesting that the
City of Weatherford participate in the planned bridge replacement on FM 730 over Lake
Weatherford by agreeing to contribute funds toward the purchase of needed ROW. They are
requesting that the City contribute 10% ($9,080.00) of the estimated $90,800.00 required for
                                                                                          Page 4 of 5
ROW purchases. The largest purchase needed will be 2.2296 acres owned by the City. Land
appraisals will not start until the environmental process is complete and that should be within the
next few months. The project is tentatively scheduled for construction to start in September 2009.
On the motion of Craig Swancy, second by Jan Barton, the Council voted unanimously to authorize the
city manager to execute an agreement with the Texas Department of Transportation to contribute funds
toward ROW and utility cost associated with the replacement of the bridge on FM 730 over Lake
Weatherford. The motion carried 5-0.

Discuss and consider authorizing the city manager to execute a contract with Ed Bell Construction
Co. for the construction of I-20 frontage roads from SH 171/FM 51 to FM 2552 including bridges,
drainage structure, signals, signing and pavement marking. Director of Transportation and Public
Works Terry Hughes stated that the City of Weatherford entered into a Pass-Through Toll
Agreement with the Texas Department of Transportation which obligates the City of Weatherford
to construct, reconstruct and improve certain state owned roadways and obligated the Texas
Department of Transportation to refund the city a negotiated dollar amount.

This project will construct eastbound and westbound three-lane frontage roads between
SH171/FM Road 51 to FM 2552, relocate existing ramps and add new ramps, construct a new
bridge aver I-20 from Holland Lake Road to the eastbound frontage road and add elevated u-turns
on the west side of FM 2552 and on both sides of SH 171/FM 51. On the motion of Waymon
Hamilton, second by Craig Swancy, Council voted unanimously to authorize the city manager to
execute a contract with Ed Bell Construction Co. for the construction of I-20 frontage roads from
SH 171/FM 51 to FM 2552 including bridges, drainage structure, signals, signing and pavement
marking. The motion carried 5-0.

Discuss and consider authorizing the city manager to execute a contract with Prater Equipment Co.
for the construction of SH 171/FM 51south from Interstate Highway 20 a distance of 2890 feet.
Director of Transportation and Public Works Terry Hughes stated that this project will t his project will
construct eastbound and westbound three-lane frontage roads between SH171/FM Road 51 to FM
2552, relocate existing ramps and add new ramps, construct a new bridge aver I-20 from Holland
Lake Road to the eastbound frontage road and add elevated u-turns on the west side of FM 2552
and on both sides of SH 171/FM 51. The city received and publicly opened bids for the project on
January 20, 2009. Of the six firms submitting bids, the lower bidder was Prater Equipment Co.
with bid of $3,620,735.35. On the motion of Clem Smith, second by Jan Barton, the Council
unanimously voted to authorize the city manager to execute a contract with Prater Equipment Co.
for the construction of SH 171/FM 51 south from Interstate Highway 20, a distance of 2890 feet.
The motion carried 5-0.

CITIZENS COMMENTS ON NON-AGENDA ITEMS
Ted Stephenson spoke to the Council regarding wind generators.

As there was no further business, on the motion of Clem Smith, second by Jan Barton, the council voted
unanimously to adjourn at 1:02 p.m. Motion carried 5-0.
                                                            _________________________
                                                              Mayor Dennis Hooks
ATTEST:


___________________________________                              ________________________
Laura Simonds, City Secretary                                    Ed Zellers, City Attorney

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