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HomeMy WebLinkAbout1985-05-07 - Regular City CouncilMINUTES OF THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS, HELD ON TUESDAY, MAY 7, 1985 - 7:00 P.M. The regular meeting of the City Council of the City of Stephenville, Texas, was called to order by the Mayor with the following members present: Mayor: David Clayton Councilmembers: Bob Self Larry Hammett Allen Horne G. A. Swindle James McSwain Ray Reynolds Larry Tatum and with the following members absent: William G. Brede. Others attending the meeting were City Administrator Kurt Ackermann, City Secretary Joyce Pemberton, Director of Finance Charlene Young, Director of Public Works Danny Johnson, Chief of Police Doug Conner, Fire Chief Jimmy Mooney, Director of Parks & Recreation Ronnie Isham, Purchasing and Personnel Clerk Melissa Crim, Building Inspector Gary Nabors, Planning & Inspections Clerk Betty Chew, members of the press, and many others. ITEM I: CONSIDER FOR APPROVAL MINUTES OF APRIL 8, 1985. Councilman Swindle moved approval of the minutes of the City Council meeting held on the 8th day of April, 1985, as written. Councilman Tatum seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM II: ELECT MAYOR PRO TEM FOR ONE YEAR TERM. Councilman Swindle moved that Councilman Ray Reynolds be Mayor Pro Tem for one year. Councilman Horne seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM III: CONSIDER RECOMMENDATIONS FROM PLANNING & ZONING COMMISSION. A. Negative recommendation to rezone, from Residential 1 "One - Family Dwelling District" to B -1 "Neighborhood Business District ", Lot 8, Block 3, South Tanglewood Addition, also known as 2415 Phelps Street. Due to a Conflict of Interest as his home is located in this area, Councilman Bob Self did not participate in the discussion or vote on this item. Vice Chairperson of the Planning & Zoning Commission Helen Martin addressed the Council stating that the Commission recommended this change of zoning request be denied because there was no off - street parking provi- sions, opposition from the neighbors, and would put a business classification in a residential area. B. Favorable recommendation to rezone from Residential 1 "One- Family Dwelling District" to B -2 "Secondary and Highway Business District ", Lots 9 and 20, Block 3, Sims Addition, also known as 417 Morgan Mill Road. Mrs. Martin advised the Council that the Commission gave a favorable recommendation on this change of zoning request because there was no opposition and #9 City Council Minutes 05/07/85 - Page 2 of 6 there was already some business classifications in this area. C. Preliminary Plat of Lot 1, Village Addition, being 3.816 acres of the Wm. Motley Survey, Abstract 515, Erath County, Texas, located on U.S. Highway 377 and F.M. 988. Mrs. Martin stated that the Commission recommended approval of the Preliminary Plat of Lot 1, Village Addition, with the provision that the east entrance on U.S. Highway 377 be 45 feet wide. D. Preliminary Plat of P.F. & E. Development, being 0.926 acres of the Wm. Motley Survey, Abstract 515, Erath County, Texas, located on U.S. Highway 377 and F.M. 988. Mrs. Martin advised that the Commission recommended approval of the Preliminary Plat of the P.F. & E. Development as presented. After discussion, Councilman Swindle moved approval and acceptance of the recommendations of the Planning & Zoning Commission on Item 3 A,B,C, and D. Councilman McSwain seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None IV: CONSIDER FOR APPROVAL FINAL PLAT OF II, BEING 14.335 ACRES OF THE JARRA 19;id1 PHASE Director of Public Works Danny Johnson presented the Final Plat of the Oak Tree Addition Phase II. Mr. Johnson advised the Council that all recommended changes to the Preliminary Plat and Improvement Plans have been made on the Final Plat. That Vantage Drive will be 60 feet all the way through and that the name of Don January Drive has been changed to Blue Jay Drive. Mr. Johnson recommended accep- tance of the Final Plat of the Oak Tree Addition Phase II. Councilman Hammett moved acceptance of the Final Plat of the Oak Tree Addition Phase II. Councilman Self seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None V: HEAR REPORT FROM NORTHLAND CABLE TV REGARDING Lll. Carroll Lee, local manager of Northland Cable TV, addressed the Council stating that the rebuild of the system is about 808 finished. He said he felt sure it would be complete by June 1, 1985. ITEM VI: HEAR REPORT REGARDING PROPOSED ELECTRICAL ORDINANCE. Building Inspector Gary Nabors reported that at the last council meeting the councilmembers were presented with a copy of the proposed Electrical Ordinance for their review. A copy of the proposed ordinance was mailed, by Certified Mail, to all the licensed electricians along with a cover letter pointing out the major changes in the proposed ordi- Sp City Council Minutes 05/07/85 - Page 3 of 6 nance and asking that if they had any objections to the proposed ordinance to contact himself or the Electrical Board. Mr. Nabors said that at this time he nor any member of the Board has been contacted. Mr. Nabors stated that the Electrical Board is recommending adoption of this Electrical Ordinance as written, with the addition of Section 5.11c which states "Free- standing electric ranges shall be connected by the use of plug -in receptacles located in /on the wall." Councilman Hammett said that he had number of electricians contact him opposing the proposed ordinance. Before the Council takes action he would like to see a council commit- tee meet with the Electrical Board, the consumers, and the electricians that are opposing it to see if there are problems that have not been considered before adoption of the ordinance. Electrician Jim Bostick addressed the Council opposing the proposed electrical ordinance. Mr. Bostick said he had not read the entire proposed ordinance, but he felt this ordi- nance would raise the cost of electrical wiring $300 to $400 per house. He said Stephenville did not have a problem with houses burning because of faulty electrical wiring or anyone being electrocuted, therefore, he felt the additional restrictions were not necessary. He did not feel the additonal safety precautions justified the increased cost. Members of the Electrical Board present at this meeting advised they had not been contacted by anyone opposing the proposed ordinance. Councilman Swindle commented that it did not seem to him that the people opposing the proposed ordinance were very concerned as they had not contacted any of the members of the Electrical Board, did not write a letter of opposition, and did not attend this council meeting to voice their opposition. After further discussion, Mayor Clayton said he thought it might be better to delay action on this for 30 days to give more time for input from those opposing the proposed ordinance. He appointed the following councilmembers as the Planning & Development Committee to meet with the Board and those opposing the proposed ordinance to hear their input: * Ray Reynolds Bob Self Larry Hammett ITEM VII: HEAR COMMITTEE REPORT REGARDING PROPOSED ZONING ORDINANCE. Councilman Hammett, reporting for the committee, stated - that they are close to being ready to make a recommendation. They are waiting at this time for the Board of Adjustment to make a ruling regarding "accessory buildings ". He said he would like for the Council to review the addendums in their packets. If there are any objections to these additions, to let him know, otherwise the committee will have a recommendation at the June meeting. S/ City Council Minutes 05/07/85 - Page 4 of 6 R REQUEST FROM CITY JUDGE TO PARTICIPATE WITH ATTORNEY'S OFFICE FOR PURCHASE OF SMALL COMPi7 Mayor Clayton advised that he had been contacted by Municipal Judge Sarah Miller regarding the need for a com- puter in her office. The City had budgeted $4000 to match the County's funds in the present budget, but the County would not match the $4000. The County Attorney has agreed to pay $2500 of the $6500 total cost of a small computer. The Council questioned who would be financially responsible for the maintenance, supplies, and updating of the system. The question arose regarding the taking of bids. Mayor Clayton said he thought Mrs. Miller had called around and had found something she liked. He said the fact still remained that it is not being handled the way it was set up and it is not a one -time deal. After more discussion, Councilman Swindle moved to delay action at this time and discuss it in the upcoming budget meetings. Councilman Hammett seconded the motion. The motion carried by the following vote: AYES: Councilmen Self, Hammett, Horne, Swindle, Reynolds, and Tatum. NOES: None ABSTAINED: Councilman McSwain. ITEM IX: APPOINT MEMBER OF CITY COUNCIL TO SERVE ON LIBRARY BOARD. Mayor Clayton appointed Councilman Bob Self to serve on the Library Board. ,AR REPORT FROM WILLIS ENGINEERING REGARDING BI Tony Plumlee presented the following bids for the construc- tion of an 8" Raw Water Collection Line: 1. McKinney Construction----------------- - - - - -- $99,353,00 P.O. Box 3961 Victoria, TX 77903 2. Stegemoller Construction -------------------- $63,430.80 Rt. 1, Box 265 Breckenridge, TX 76024 3. Rhode Pipe ---------------------------------- $71,604.00 Rt. 2, Box 145 Hillsboro, TX 76645 4. Improvements, Inc --------------------------- $94,926.00 P. O. Box 666 Hamilton, TX 76531 5. Fambro Pipe & Construction------------ - - - - -- $62,765.28 Rt. 4, Box 327 Stephenville, TX 76401 Councilman McSwain moved acceptance of the low bid of $62,765.28 from Fambro Pipe & Construction Co. as recom- mended by Tony Plumlee of Willis Engineering. Councilman Reynolds seconded the motion. The motion carried by the following vote: .5a2 ITEM City Council Minutes 05/07/85 - Page 5 of 6 AYES: All members present voted aye. NOES: None Tony Plumlee presented he following bids for the construc- tion of a 1,000,000 Gallon Ground Storage Tank: 1. Holloway Co, Inc .-------------------- - - - - -- $184,332.00 P. O. Box 4443 Fort Worth, TX 76106 2. Advance Tank ------------------------------- $179,800.00 P. O. Box 7273 Beaumont, TX 77706 3. Na -Con Services ---------------------------- $203,200.00 P. O. Box 41146 Houston, TX 77241 4. Tank Builders, Inc .------------------ - - - - -- $177,000.00 P. O. Box 637 Euless, TX 76039 Councilman McSwain moved acceptance of the low bid of $177,000.00 from Tank Builders, Inc. as recommended by Tony Plumlee of Willis Engineering. Councilman Self seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None r FROM DIRE PRO -RATA FE C WORKS DANNY Director of Public Works Danny Johnson reported that the pro -rata charge to the customer for water hook -ups on the West Loop Transmission Line would be $6.73 per foot. ITEM XII: CONSIDER FOR AWARD THE FOLLOWING BID ITEMS: Director of Public Works Danny Johnson presented the following bids: A. Bid #2302 - Waterworks Maintenance Materials. Councilman Hammett moved acceptance of the low bid of $4,018.56 from Texas Independent Pipe, Brownwood, Texas, as recommended by Mr. Johnson. Councilman Reynolds seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None B. Bid #2303 - Waterworks Maintenance Materials. Councilman Reynolds moved acceptance of the low bid of $3,682.72 from Industrial International, Richland Hills, Texas, as recommended by Mr. Johnson. Councilman Hammett, seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None RQ7 City Council Minutes 05/07/85 - Page 6 of 6 ITEM XIII: HEAR REPORT FROM DIRECTOR OF FINANCE CHARLENE YOUNG REGARDING ADOPTION OF RESOLUTION ASSESSING A FIFTEEN !.UMP Councilman Reynolds moved passage of a Resolution pro - viding for additional 158 penalty for collections costs of taxes becoming delinquent on the 1984 tax roll. Councilman Swindle seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None Entire Resolution included in minutes. ITEM XIV: FINAL READING AMENDMENT TO NORTHLAND CABLE TV FRANCHISE. Councilman Horne gave the final reading of AN ORDINANCE AMENDING SECTION 12- c(2 -a) OF THE 1983 NORTHLAND CABLE PROPERTIES TWO FRANCHISE, PROVIDING FOR THE REMOVAL OF MTV FROM THE BASIC PRIMARY SERVICE AND THE ADDITION OF CHANNEL 21. Councilman Swindle moved final passage and adoption of an ordinance amending the Northland Cable TV franchise as read by Councilman Horne. Councilman Hammett seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None Entire Ordinance Included in Minutes. ITEM XV: EXECUTIVE SESSION as provided in the Texas Open Meetings Law, Vernon's Texas Civil Statutes, Article 6252 -17, for the purpose of discussion of contemplated or pending liti- gation. No action was taken as a result of the executive session. ATTEST: ty ecretary -y David Clay n, Mayor ORDINANCE NO. 1985 -3 AN ORDINANCE AMENDING SECTION 12- c(2 -a) OF THE 1983 NORTHLAND CABLE PROPERTIES TWO FRANCHISE, PROVIDING FOR THE REMOVAL OF MTV FROM THE BASIC PRIMARY SERVICE AND THE ADDITION OF CHANNEL 21. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: Section One Section 12 -c (2 -a) of the Northland Cable Properties Two Franchise with the City of Stephenville is hereby changed and amended and hereafter shall read as follows: $9.75 per month for one television in building for basic primary service, which consists of channels 4, 5, 8, 10, 11, 13, 21, 39, ESPN, NICK /ARTS, and local weather. Section Two The above and foregoing ordinance was read at a regular meeting of the City Council of the City of Stephenville held on the 5th day of March, 1985. The above and foregoing ordinance meeting of the City Council of the City on the 8 day of April, 1985. The above and foregoing ordinance meeting of the City Council of'the City on the 7 day of Mme, 1985. was read at a regular of Stephenville held was read at a regular of Stephenville held FINALLY PASSED AND APPROVED this 7 day of May , 1985. ATTEST: Ile s .cJ ,pity ecretary - f David C ayton, ayor The full text of the above ordinance was published in the Stephenville Empire Tribune for four consecutive weeks in the issues of March 8th, March 15th, March 22nd, and March 29th of the year 1985. To certify which witness my hand and seal of office this 7 day of May , 1985. �rc� ity Secretary 153" R E S O L U T I O N- 1985 -4 BE IT RESOLVED THAT THE CITY OF STEPHENVILLE, acting through its duly constituted governing body, do adopt by proper action of a quorum of said members of such governing body at a regular or properly constituted special or called meeting of such governing body, the provisions of Section 33.07 of the Property Tax Code, as amended by HB 30, providing for ADDITIONAL PENALTY FOR COLLECTION COSTS, since the above jurisdiction presently has a valid Contract for the Collection of Delinquent Taxes with a tax attorney, pursuant to Section 6.30 of said Property Tax Code, as amended; and BE IT RESOLVED THAT following proper passage of this Resolution that the Tax Collector for the above jurisdiction be advised of this action and be instructed to take any and all action required under the provisions of this section, including the notification of each delinquent taxpayer of his delinquency and of the penalty involved at least 30 and not more than 60 days before July 1, 1985, and to do any and all of such other acts required by said Section 33.07 of the Property Tax Code, as amended by HB 30; and BE IT RESOLVED THAT this Resolution or a copy thereof be placed or entered into the minutes of the above jurisdiction showing the action taken thereon. MOTION MADE, SECONDED AND BY A VOTE OF _,P TO___O_THIS RESOLUTION WAS ADOPTED this 7th day of May, 1985 ATTEST: City Secretary .SG David Clayton, Mayor