Loading...
HomeMy WebLinkAbout1983-07-05 - Regular City Council281 MINUTES OF THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS, HELD ON TUESDAY, JULY 5, 1983 - 7:00 P.M. The regular meeting of the City Council of the City of Stephenville was called to order by the Mayor Pro Tem with the following members present: Mayor Pro Tem John E. Pollan Comncilmembers: James L. McSwain Councilmeicbers G. A. Swindle Ray Reynolds. William G. Brede David. Clayton and with the following members absent: Mayor Joe F. Cummings, Councilmen Charles Riggins and Floyd Gordon. City Administrator Kurt J. Ackermann, City Secretary Joyce Pemberton, City Attorney Joseph Chandler, Director of Public Works R. Y. Gann, Police Chief Doug Cornier, Fire Chief Larry May, Director of Utilities Danny Johnson, Director of Parks & Recreation Ronnie Isham, and Purchasing Agent Betty Chew were present. Also attending were Gene Morrison, Bill Tidwell, Max Tarbet, Carroll Lee, Rick Thompson, Ernest Gregory, Almeda Pack, Sue Pack, Joyce Langford, Helen Martin, Virginia Dorris and others. ITEM I: CONSIDER APPROVAL OF MINUTES OF JUNE 7, 1983. Councilman Clayton moved approval of the minutes of the City Council meeting held on the 7th day of June, 1983 as written. Councilman Swindle seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None TO REZONE. FROM lifflo 0ww-,Tm Mrs. Helen Martin, Vice Chairwoman of the Planning & Zoning Commission, advised the Council that the P & Z Commission had recommended approval of the request to rezone, from R -2 to B -1, Lots lb and 2a, Block 1, Frey First Addition, located at.511 W. Frey Street on a split vote. Some of the P & Z Conan ssioners felt this was "spot zoning ". Also there was some concern that Frey Street would become "another" W. Washington Street Some of the P & Z CmmAssioners felt that as this property is adjacent to Industrial zoned property from the Santa Fe railroad to Graham St. this zoning would be appropriate and would be an improvement to the neighborhood. Mayor Pro Tem. Pollan opened the floor for a Public Hearing. Mrs. Almmeda Pack addressed the Council stating that they intended to establish an antique shop at this location and so advised the adjacent property owners and did not receive any opposition. Also that there is plenty of parking space on their adjacent vacant lot. Mrs. Virginia Dorris addressed the Council opposing said zoning change. Mrs. Dorris, a member of the P & Z Commission, said she cast her negative vote on the P & Z Commission not because of this business but because of her concern of the business growth on Frey Street in the future. Councilman Brede commented that he thought it would upgrade the property. There being no one else present wishing to conment on this issue, Mayor Pro Tem. Pollan closed the public hearing. Councilman Swindle moved that Lots lb and 2a, Block 1, Frey First Addition, located at 511 W. Frey Street, be rezoned from R -2 to B -1 as recomwnded by the P & Z Commission. Councilman Brede seconded the motion. The motion carried by the following vote: AYES: Councilmen Swindle, - Brede, Pollan, and Reynolds. NOES: DauadiBman David Clayton ABSTAINED: Councilman James McSwain CONSIDER ELI BURLESON TO ffl�e Councilman Brede moved that Mr. John Burleson be appointed to Place 4 of the Planning & Zoning Commission replacing Mr. Neil Hatch. Councilman Clayton seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM IV: 0 ET TO CONSTRUCT A Mr. Max Tarbet addressed the Council stating that his request is not for a large concrete mixing plant like Ingraml,s Ready -Mix. It is a small business for persons wishing just a small amount of.concrete mixed. He said he just wanted to know what zoning area this type of business would be in. In other cities they are located in B -1 zoned areas or "Light Commercial". After some discussion, it was the consensus of the Council to refer this to the P & Z Commission for their recommendations. ITEM V: CONSIDER PRELIMINARY PLAT OF PARK VIEW ADDITION. After some discussion, Councilman Reynolds moved approval of the preliminary plat of the Park View Addition with the changes and recommendations of the Planning & Zoning Commission. Councilman Clayton seconded the motion. The motion carried by the following vote: AYES All members present voted aye. NOES: None 10421'ui STRICT TO Mr. Jim Bachus addressed the Council stating that the CAD must have a building with a vault and they believe it would be to their advantage to build their own: building rather than rent one. If the city has any surplus property, they would like to purchase it or get .a long -term lease. After discussion, Mayor Pro Tem Pollan appointed the following corncilmembers as a committee to study and examine the possibilities and report their findings to the Council as soon as possible: Ray Reynolds, Chairman G. A. Swindle James L. McSwain ITEM VIZ CONSIDER REQUEST BY TSU TO CLOSE LILLIAN STREET FOR PURPOSES OF Mr.. Gene Morrison from TSU and Mr. Gary Goldsmith with H & G Construction Co. presented the request to close Lillian Street three (3) to four (4) weeks during the construction of a utility -type tunnel for Tarleton State University to be used in connection with construction of a new dormitory across the street from the main building on TSU campus. After discussion, it was the consensus of the Council to table this item for the present to give the Council and Chief of Police time to study this request to see if there might be an alternative to completely closing the street. CONSIDER REQUEST BY TSU TO ACQUIRE 150 FEET OF TURNER STREET Trmcm FACT nmi em r Tv '2 pg City Administrator Kurt Ackermann advised that Tarleton State University would like to purchase the 150 feet of Turner Street just east of St. Felix Street. To do so the property would have to be survey and appraised. If the appraised value does not exceed $1,000. it would be offered to the property owners on either side first. If the appraised value exceeds $1,000. it would be put out for bids. Mayor Pro Tem Pollan appointed the following Councilmembers as a committee to study this and make recommendations to the Council: 283 Bill Brede, Chairman John Pollan David Clayton ITEM IX: CONSIEER REQUEST FROM ERATH COUNTY FOR CITY TO PARTICIPATE IN PAVING OF VALLEY GROVE ROAD. Mayor Pro Tem. Pollan advised the Council that this is the road from Highway 281 to the wastewater treatment plant (4/10 of one mile). The city has two full -time employees that use this road and the paving might help the wear and tear on city vechiles. The approximate cost would be $2,000 to $3,000. After some discussion, Mayor Pro Tem. Pollan appointed the following councilmembers as a committee to check into this and make recomnendations to the Council: G. A. Swindle, chairman Floyd Gordon Charles Riggins ITEM X: HEAR ' •'tl GREGORY TO LEASE Councilman Clayton, reporting for the committee, said the committee recomnmends a long -term lease at $200.00 per year for a ten (10) year period. City Attorney Chandler advised the city would need to declare the street abandoned and surveyed,! Then put out .for bids for lease for a stipulated period of time and at that time, if Mr. Gregory is the successful bidder, a document will be prepared that would entitle him to lease that street "for a period of ten (10) years at X number of dollars according to the bid and in that document it would state that he would maintain it for that period of time and revert back to the city at the end of the lease. Mayor Pro Tem Pollan advised Mr. Gregory that the Council will abide by Mr. Chandler's advice.and get the.street survey that gives the metes and bounds, then it will be put up for bids. ITEM XI: CONSIDER FOR FIRST READING PROPOSED WARNER -AMEX CABLE TV FRANCHISE. Councilman Brede moved approval of the proposed Warner -Amex cable TV franchise as presented on first reading. Councilman Swindle seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM XII: HEAR WILLIS CONSTRUCTION Mr. C. Lynn Willis of Willis Engineering firm presented the proposal for Phase II of the Waterworks Improvement Project. After discussion, Councilman Reynolds moved approval of Phase II of the Waterworks Improvement Project as presented. Councilman Clayton seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM XIII: AS REQUIRED BY DEPARTMENT OF PUBLIC Councilman Clayton moved passage and approval of the following ordinance: [ORTO Tf� j AN ORDINANCE ESTABLISHING A PROGRAM OF COMPREHENSIVE EMERGENCY MANAGEMENT WHICH INCLUDES THE MITIGATION, PREPAREDNESS RESPONSE AND RECOVERY PHASES OF CIVIL PREPAREDNESS; ACKNOWLEDGING THE OFFICE OF EMERGENCY MANAGEMENT DIRECTOR; AUTHORIZING THE APPOINTMENT OF AN EMERGENCY MANAGEMENT COORDINATOR; AND PROVIDING THE DUTIES AND RESPONSIBILITIES OF THOSE OFFICES; IDENTIFYING AN OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS TO COPE WITH ALL PHASES OF EMERGENCY MANAGEMENT WHICH THREATEN LIFE AND PROPERTY IN THE CITY OF STEPHENVILLE; AUTHORIZING COOPERATIVE AND MUTUAL AID AGREEMENTS FOR RELIEF WORK BETWEEN THIS AND OTHER CITIES OR COUNTIES AND FOR RELATED PURPOSES; PROHIBITING UNAUTHORIZED WARNING AND ALL -CLEAR SIGNALS AND MAKING VIOLATIONS A MISDEMEANOR PUNISHABLE BY FINE NOT TO EXCEED $200.00. Councilman Brede seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM XIV: NEAT TO FINAL PLAT OF DALE AVENUE N II Director of Public Works R. Y. Gann advised the Council that the developer of the Dale Avenue North Phase II Subdivision Kenneth Currier had requested permission to alter the location of an easement from Lot 12, Block 5, to Lot 13, Block 5. After some discussion, Councilman Clayton moved that the final plat of the Dale Avenue North Phase II Subdivision be amended to release the old easement on Lot 12; Block 5, and make a new easement on Lot 13, Block 5. Councilman Reynolds seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM XV: PURCHASING ITEMS FOR CONSIDERATION: A. Councilman Swindle moved approval to purchase two (2) police patrol cars from W. Blue Ford Co., Stephenville, Texas, (the only bidder) @$11,113.48 ea. with total of $22,226.96. Councilman Clayton seconded the motion. the motion carried by the following vote: AYES: All members present voted aye. NOES: None B. Authority to invite bids for: 1. Councilman Reynolds move to authorize the Chief of Police to invite bids for two (2) portable radios. Councilman Swindle seconded the motion. The motion carried by the following vote; AYES: All members present voted aye NOES: None 2. Councilman Reynolds :roved to authorize the Fire Chief to invite bids for a Type I ambulance. Councilman Brede seconded the motion. The notion carried by the following vote; AYES: All members present voted aye. NOES: None. There being no other business to come before the Council, the meeting adjourned at 9:30 p.m. o Tem John E. Pollan ATTEST: i ecret ary 284A AN ORDINANCE ESTABLISHING A PROGRAM OF COMPREHENSIVE EMERGENCY MANAGEMENT WHICH INCLUDES THE MITIGATION, PREPAREDNESS RESPONSE AND RECOVERY PHASES OF CIVIL PREPAREDNESS; ACKNOWLEDGING THE OFFICE OF EMERGENCY MANAGEMENT DIRECTOR; AUTHORIZING THE APPOINTEMENT OF AN EMERGENCY MANAGEMENT COORDINATOR; AND PROVIDING THE DUTIES AND RESPONSIBILITIES OF THOSE OFFICES; IDENTIFYING AN OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS TO COPE WITH ALL PHASES OF EMERGENCY MANAGEMENT WHICH THREATEN LIFE AND PROPERTY IN THE CITY OF STEPHENVILLE; AUTHORIZING COOPERATIVE AND MUTUAL AID AGREEMENTS FOR RELIEF WORK BETWEEN THIS AND OTHER CITIES OR COUNTIES AND FOR RELATED PRUPOSES; PROHIBITING UNAUTHORIZED WARNING AND ALL -CLEAR SIGNALS``. AND MAKING VIOLATIONS A MISDEMEANOR PUNISHABLE BY FINE NOT TO EXCEED $200.00. UIEPEAS, the City Council of.the City of Stephenville finds that the identi- fication of potential hazards and the prevention of mitigation of their effects must be an on -going concern of the City if the lives and property of the populace are to be protected; and WHEREAS, the City Council hereby declares that the preparation of a plan, and the means for its implementation, for the protection of lives and property in the City of Stephenville from natural or man.- caused disasters or threat thereof is immediately essential; and WHEREAS, the City Council further finds that in times of disasters which may imperil the safety of the inhabitants of the City, or their property, it becomes necessary to effectuate and place into operation the preconceived plans and pre- parations with a minimum of delay; and WHEREAS, the City Council finds, therefore, that the preparation, adoption, and implementation of such plans are now imperative; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: Section 1. There exists the office of Emergency Management Director of the City of Stephenville, which shall be held by the Mayor in accordance with state law. (a). An Emergency Management Coordinator may be appointed by and serve at the pleasure of the Director; (b). The Director shall be responsible for conducting a program of comprehensive emergency management within the city and for carrying out the duties and responsibilities set forth in Section 4 of this ordinance. He may delegate authority for execution of these duties to the Coordinator, but ultimate responsibility for such execution shall remain with the Director. Section 2. The powers and duties of the Director shall include an on -going survey of actuaotential major hazards which threaten life and property within the city; and an on -going program of identifying and requiring or recommending the implementation of measures which would tend to prevent the occurrence or reduce the impact of such hazards if a disaster did occur. As part of his responsibility in hazard mitigation, the Director shall supervise the development of an emergency management plan for the City of Stephenville, and shall recommend that plan for adoption by the City Council along with any and all mutual aid plans and agreements which are deemed essential for the implementation of such emergency management plan. The powers of the Director shall include the authority to declare a state of disaster, but such action may be subject to confirmation by the City Council at its next meeting. The duties of the Director shall also include the causing of a survey of the availability of existing personnel, equipment, supplies and services which could be used during a disaster, as provided for herein, as well as a continuing study of the need for amendments and improvements in the emergency management plan. Section 3. The Mayor is hereby authorized to join with the County Judge of the County oT_E­ra_tH and the mayors of the other cities in said county in the formation of an Emergency Management Council for the County of Erath and shall have the authority to cooperate in the preparation of a joint emergency management plan and in the ap- pointment of a joint Emergency Management Coordinator, as well as all powers necessary to participate in a county -wide program of emergency management insofar as said program may affect the City of Stephenville. MM Section 4. The duties and responsibilities of the Emergency Management Director shall include the following: (a). The direction and control of the actual disaster operations of the Stephenville Emergency Management organization as well as the training of Emergency Management personnel. (b). The determination of all questions of authority and responsibility that may arise within the Emergency Management organization of the City. (c). The maintenance of necessary liaison with other municipal, county, district, state, regional, federal, or other Emergency Management organizations (d). The marshaling, after declaration of a disaster as provided for above, of all necessary personnel, equipment or supplies from any department of the City to aid in the carrying out of the provisions of the emergency management plan. (e). The issuance of all necessary proclamations as to the existence of a disaster and the iinnediate operational effectiveness of the City of Stephenville emergency management plan. (f). The,issuance of reasonable rules, regulations or directives which are necessary for the protection of life and property in the City of Stephenville. Such rules and regulations shall be filed in the office of the City Secretary and shall receive widespread publicity unless publicity would be of aid and comfort to the enemy. (g). The supervision of the drafting and execution of mutual aid agreements, in cooperation with the representatives of the state and of other local political subdivisions of the state, and the drafting and execution, if deemed desireable, of an agreement with the county in which said city is located and with other municipalities within the county, for the county wide coordination of Emergency Management efforts. (h). The supervision of, and final authorization for the procurement of all necessary supplies and equipment, including acceptance of private contributions which may be offered for the purpose of improving Emergency Management within the City. M. The authorizing of agreements, after approval by the City Attorney, for use of private property for public shelter and other purposes. Section 5. The operational Emergency Management organization of the City of StePhen7a'Me--sBall consist of the officers and employees of the City so designated by the Director in the emergency management plan, as well as all organized volunteer groups. The functions and duties of this organization shall be distributed among such officers and employees in accordance with the terms of the emergency management plan. Such plan shall set forth the form of the organization, establish and designate divisions and functions, assign tasks, duties and powers, and designate officers and employees to carry out the provisions of this ordinance. Insofar as possible, the form of organization, titles and terminology shall conform to the recomnendations of the State Division of Emergency Management of the State of Texas and of the Federal Government. Section 6. Any unauthorized person who shall operate a siren or other device so as to she a warning signal, or the termination of a warning, shall be deemed guilty of a violation of this ordinance and shall be subject to the penalties imposed by this ordinance. Section 7. At all times when the orders, rules, and regulations made and prom- ulgated pursuant to this ordinance shall be in effect, they shall supersede and over- ride all existing ordinances, orders, rules, and regulations insofar as the latter may be inconsistent therewith. Section 8. This ordinance shall not be construed so as to conflict with any State or FeEEra statute or with any military or naval order, rule, or regulation. Section 9. This ordinance is an exercise by the City of its governmental functions for the protection of the public peace, health, and safety and neither the City of Stephenville, the agents and representatives of said City, nor any individual, receiver, firm, partnership, corporation, association, or trustee, nor any of the agents thereof, in good faith carrying out, complying with or attempting to comply with, any order, rule, or regulation promulgated pursuant to the provisions of this ordinance shall be liable for any damage sustained to persons as the result of said activity. Any person owning or controlling real estate or other premises who voluntarily and without com- pensation grants to the City of Stephenville a license of privilege, or otherwise permits the City to inspect, designate and use the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual, impending or ............... _....._ 284C or practice enemy attack shall, together with his successors in interest, if any, not be civilly liable for the death of, or injury to, any person on or about such real estate or premises tinder such license, privilege or other permission or for loss of, or damage to, the property of such person. Section 10. No person shall have the right to expend any public fiords of the City in carrying out any Emergency Management activity authorized by this ordinance without prior approval by the City Council, nor shall any person have any right to bind the City by contract, agreement or otherwise without prior and specific approval of the City Council. Section 11. It shall be unlawful for any person willfully to obstruct, hinder, or delay any member of the Emergency Management organization in the enforcement of any rule or regulation issued pursuant to this ordinance, or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in this ordinance. It shall likewise be unlawful for any person to wear, carry or display any emblem, insignia or any other means of identification as a member of the Emergency Management organization of the City of Stephenville, unless authority to do so has been granted to such person by the proper officials. Convictions for violations of the provisions of this ordinance shall be punishable by fine not to exceed Two Hundred Dollars ($200.00). Section 12. Each employee or any individual that is assigned a function or responsibility shall solemnly swear or affirm to support and defend the Constitution of the United States, laws of the State of Texas and the Ordinances of the City of Stephenville. Section 13. If any portion of this ordinance shall, for any reason, be declared invalid, such invalidity shall not affect the remaining provisions thereof. Section 14. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. READ, APPROVED AND ADOPTED on first reading this the 5th day of July, 1983. ATTEST: ity ecretary Mayor