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HomeMy WebLinkAbout1997-07-01 - Regular City CouncilMINUTES OF GENERAL BUSINESS MEETING City of Stephenville - City Council TUESDAY, JULY 19 1997 - 7:00 P.M. The City Council of the City of Stephenville, Texas, convened on July 1, 1997, at 7:00 p.m., in the Council Chambers at City Hall, 354 N. Belknap Street, for the purpose of a General 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 Councilmembers Absent Others Attending: I. CALL TO ORDER. John Pollan Jerry B . Madkins Barbara Terrell Marshall Shelton Joel Hillin K. H. Conatser Billy Bob Hodges Bill Corbin Bea Marin Don Davis, City Administrator Cindy L. Stafford, City Secretary Randy Thomas, City Attorney Mayor Pollan called the meeting to order at 7:00 p.m. and declared a quorum present. He told those present that this Council meeting would be the last one to be held at this location. He stated that City Hall has relocated to 298 West Washington Street (formerly the Stephenville Bank &Trust Co. building), and the August Council Meeting will be held at the new City Hall facility. II. CITIZENS' GENERAL DISCUSSION James Young, 1330 North Lillian, Stephenville, addressed the Council concerning the Senior Citizens' Center. He read into the record a "letter to the editor" that he planned to send to the Stephenville Empire -Tribune, as follows: "It's been a month since I read your article and rumors of the Senior Citizens [Center] closing (6-1-97). I have heard anything from the City Council on what they plan to do. Have you? All I have heard around town is rumors of a cover-up and whitewash. General Business Meeting -- July 1, 1997 GC^u534 I thought the subject should be visited again. I think the citizens of Stephenville owe Councilman Conatser and Councilman Shelton a vote of thanks for having the courage to go public with their suspicions about our Senior Citizens Director, Mrs. Sandra Delgado. These are very serious charges and should not go unchallenged. The City Council owes Ms. Delgado a full investigation to clear her good name. The City Council owes the city employees a full investigation to restore our confidence in our fine city staff. And, of course, the City Council owes a full investigation to the citizens of Stephenville who elected them. "Again, my thanks to Councilmen Conatser and Shelton for doing what they were elected to do --represent all the citizens of Stephenville." He explained that he brought the subject up because he had heard the Mayor was planning to appoint an independent committee to "clean up the mess with the Senior Citizens' Director' . The Mayor confirmed the fact that he would be appointing an independent committee consisting of five people. Pollan assured those present that the Senior Citizens' Center would remain open during the time that this committee considers the situation at the Senior Citizens' Center. Young told the Mayor that he would be happy to serve on that committee. M. PUBLIC HEALTH & SAFETY COMMITTEE --Consider Adopting an Animal Control Ordinance Councilmember Hillin reported that, following four committee meetings at which this ordinance was considered, the committee is now recommending a new Animal Control Ordinance. Jim McSwain, 888 Lydia, Stephenville, stated that he realized how difficult it is to draft an ordinance such as this one that addresses all the problems for all types of animals. He said that Stephenville may need two ordinances --one to address dogs, cats, and household pets; and one to address livestock. He objected to Section 5.(B), which subjects a person to civil or criminal penalties for failure to report an animal running at large. He also expressed concern over Section 10.(D), claiming it would give too much power for searches to the Animal Control Division. McSwain also asserted that the figures for Section 2. " Enclosures" were not properly calculated. He also claimed that the fines are too steep for some of the provisions contained in this ordinance. He asked that voting on the ordinance be postponed for 60 days or more, and that during that time citizen input be gathered on this issue. McSwain volunteered his help. Jim Young, 1330 North Lillian, Stephenville, read a prepared statement on this issue. General Business Meeting -- July 1, 1997 0 4, iv, 5 3 r-., "The Right Honorable Mayor Pollan, City Councilmembers. and members of the audience. I have attended many of Councilman Hillin's committee meetings where they discussed the new Animal Control Ordinance. I admire Chairman Hillin and his committee for the gentlemanly way they handle the verbal abuse from the audience. On the other hand, I'm proud of the citizens of Stephenville who took the time from their busy lives to attend Hillin's committee meetings. That's what makes our democracy work. It's too bad it was a done deal from the beginning. The real reason for updating the Animal Control Ordinance was the need to review laws on exotic animals. The Texas Legislature has recently repealed state laws dealing with these animals. "Mayor Pollan, before you vote, I have a few questions of the city lawyer. My first questions is, `Don't we have a leash law in our present ordinance?' [City Attorney Randy Thomas answered, `Yes'.] Councilman Hillin's committee `put more bite into our new Animal Control Ordinance [Article 13 § 1 .. Penalty for Violation] by raising the maximum fine for violations from $200 to $500." Mayor Pollan asked to clarify the amount of the fine, and stated that the correct amount was from $1.00 to $500.00, depending upon the severity of the situation, and a judge would make that determination. Young continued, "My question for our City Attorney is when was the last time anyone paid a fine under the present ordinance, and how much was it?" Thomas stated that he did not know the answer to that question. Police Chief Jim Wade was called on for the answer. Wade stated that a fine had been imposed and paid yesterday (June 30, 1997), but he did not know the amount of the fine. Young continued, "I have to carry liability insurance before I can register my cars. Among the things my liability insurance covers are medical bills associated with the care and rehabilitation from injuries caused by my car. My third question is, "Does Article 6, Section 5 of the new ordinance include a requirement for pet owner liability insurance to cover at least some of the medical bills associated with the care and rehabilitation of expenses resulting from the attack of a owner's pet?' [Thomas answer: There are requirements in there, but I don't know about that particular section.] Young then related a graphic and violent dream involving his young grandchild and a dangerous dog. Young stated that the proposed ordinance is not strict enough when addressing the situation of a dangerous dog. Sherry Newton, Route 4, Box 94, Dublin, Texas, told the Council that she did not feel it was fair to single out one breed of dog to classify as dangerous. She said that any type dog could become dangerous when provoked to that point. She explained that environment and breeding effects the temperament of a dog. She agreed that the city needs an animal control ordinance, but stated that requiring liability insurance for just General Business Meeting -- July 1, 1997 OUti53E one breed of dog was absurd. Donna Crawford, 310 Morgan Mill Road, Stephenville, Texas, said that some of the provisions in the proposed ordinance are frivolous, such as reporting every dog or cat scratches and/or bites. She said that although her front yard is not fenced, she always maintains control over her pets when they are in the yard. She does not want to have her dogs on a leash when she is on her own property. Jan Roizers, Box 1830, Stephenville, Texas, stated that she had asked the Public Health and Safety Committee to look at some of the ordinances passed in the Dallas/Fort Worth area with respect to the limit laws that would place undue stress on some people who have both dogs and cats in excess of the limit. She said that the enforcement of this provision will place a burden on the city. She asked the Council to table this matter until later. Mayor Pollan informed the audience that this proposed ordinance represents the first revision of the Animal Control Ordinance in over twenty years. He said that this ordinance was not designed to single out any group of pets or a particular breed, but to make citizens cognizant of their responsibilities as pet owners, and to protect the entire public. Councilmember Conatser commended the Public Health and Safety Committee for their time, effort, and research on this subject. He said that the committee members realized that the ordinance would not please everyone, but their main consideration was the most good for the public health and safety of the citizens. Councilmember Shelton made the motion to adopt Ordinance No. 1997-8, Animal Control Ordinance. Councilmember Conatser seconded the motion which passed by unanimous vote. Councilmember Madkins made the motion to adopt the fee schedule for the Animal Control Ordinance. Councilmember Hillin seconded the motion, which passed by unanimous vote. IV. Instruct the Planning and Zoning Commission to Initiate the Original Zoning of the Newly Annexed Areas and to Waive the Fee for the Filing of any such Proposal Mayor Pollan explained that the provisions in the City of Stephenville Zoning Ordinance provide that the Planning and Zoning Commission is vested with the power to initiate in the name of the city for consideration at public hearing all proposals for the original zoning of annexed areas. The Zoning Ordinance also provides that no fee shall be required for the filing of any such proposal in the name of the city. General Business Meeting -- July 1, 1997 u, Z) Councilmember Madkins made the motion to instruct the Planning and Zoning Commission to initiate the original zoning of annexed areas and to waive all fees for the filing of any such proposal. Councilmember Terrell seconded the motion which passed by unanimous vote. Councilmember Hillin made the moved to approve the Consent Agenda as follows: V. CONSENT AGENDA A. Approval of Minutes of the Regular Business Meeting on June 3, 1997 B. Approval of Minutes of the Special Business Meeting on June 17, 1997 Councilmember Corbin seconded the motion which passed by unanimous roll call vote. VI. City Administrator's Report City Administrator, Don Davis, invited each councilmember to take his/her nameplate with them following this meeting since this would be the last meeting at this location. He informed the council that new nameplates would be ordered to match the new council chambers decor. Davis then reported that he and Fire Chief Jimmy Mooney made a trip to Columbus, Ohio, to inspect the two fire trucks being constructed there. He stated that he was very impressed with the job being done on these trucks. The aerial or quint truck should be delivered to Stephenville by the end of July. The pumper is behind on schedule, and will be delivered in a few months. He believes that everyone will be very pleased with the products. Mayor Pollan reminded everyone of the July Fourth Family Fun Fair in the City Park and wished them a safe and happy Independence Day. VIII. EXECUTIVE SESSION At 7:48 Mayor Pollan recessed the open portion of this meeting, and the Council went into executive session in compliance with the provisions of the Texas Open Meetings Law, Subchapter D, Closed Meeting, §551.071(l)(A), Government Code, Vernon's Texas Codes, Annotated, in accordance with the authority contained therein concerning Consultation with Attorney regarding pending or contemplated litigation. A. City of Stephenville v. Cecil Ford (condemnation) B. Sale or Lease of Airport Property At 8:23 p.m., Mayor Pollan called the council back into open session. General Business Meeting -- July 1, 1997 0 40 VIII. ACTION TAKEN ON ITEMS DISCUSSED IN EXECUTIVE SESSION (if necessary) No action was taken. IX. ADJOURN There being no further business to come before the Council, the meeting was adjourned at 8 : 24 p.m. John Ilan, Mayor ATTEST: CiM'y L-. S-tA---Y'!ford C(ty Sec t r� General Business Meeting -- July 1, 1997 1 G. 3 i