HomeMy WebLinkAbout1981-03-03 - Regular City CouncilREGULAR SESSION - TUESDAY
MARCH 3, 1981 - 7:00 P.M.
CHAMBER OF THE CITY COUNCIL
CITY HALL, STEPHENVILLE, TEXAS
The City Council of the City of Stephenville, Texas, met in
Regular Session Tuesday, March 3, 1981 at 7:00 pm with Mayor Joe F.
Cummings present and presiding.
COUNCILMEMBERS PRESENT:
Mike Leese
W. M. Irwin
William G. Brede
Charles Riggins
COUCILMEMBERS ABSENT:
Larry Hammett
OTHERS ATTENDING:
Raymond Anderson
E. W. Ferguson
David Clayton
City Administrator Kurt Ackermann
City Secretary Joyce Pemberton
City Attorneys Joseph and Randy Chandler
Director of Finance Charlene Young
Director of Public Works R. Y. Gann
Chief of Police Mike Watkins
Fire Marshall Kenneth Haley
Water/Wastewater Plant Operator Jake Dunbar
Mr. & Mrs L. J. Spikes
Mr. Bob Stalnaker
Members of the press and many others
Mayor Cummings called the meeting to order and declared a quorum
present.
ITEM I: APPROVAL OF MINUTES
Councilman Irwin moved, seconded by Councilman Leese, that the
minutes of the meetings of February 3rd, loth, and 17th, 1981 be approved,
subject to the following corrections:
1. February 3rd meeting - Item 6 - Paragraph 2 - corrected to read
"In the meantime, the Higginbotham lot was developed behind the
Senior Citizens Building for parking and this land was never
used."
2. February loth meeting - Item 1 - Paragraph 3 - corrected to read
"Mr. Gray and Mr. Chandler advised the Mayor and Council that
the city could legally borrow the money from the local banks
on a note only for the fiscal year.
The motion carried unanimously.
ITEM II: PUBLIC HEARING TO CONSIDER ZONING CHANGE ON BLOCK 79,
CITY ADDITION, FROM B-1 to B-2.
Mayor Cummings opened the floor for a public hearing and asked if
anyone would like to speak to the Council either for or against changing
the zoning on Block 79, City Addition, from B-1 to B-2. No one came
forward.
Mayor Cummings asked for comments from the Council.
Councilman Brede commented that he did not think an entire block
should be rezoned just to allow one mobil home on one lot.
PA
It was explained that to rezone one lot would be considered "spot
zoning" which is not the accepted practice.
After discussion, Councilman Irwin moved, seconded by Councilman
Anderson, that Block 79, City Addition, be rezoned from B-1 to B-2 as
recommended by the Planning & Zoning Commission. The motion carried
unanimously.
III:
CONSIDER RECOMMENDATIONS FROM THE PLANNING & ZONING
Councilman Irwin moved, seconded by Councilman Riggins, that the
City Council accept the recommendation from the Planning & Zoning Commission
that Blocks 26 and 27, South Side Addition, be rezoned from R-1 to R-2.
Mayor Cummings, with the consent of the Council, set Tuesday, April
7, 1981 at 7:00 pm in Council Chambers as the date, time and place for a
public hearing to consider the above stated zoning change.
ITEM IV: COMMITTEE REPORT ON GARBAGE FRANCHISE AND LANDFILL GATE
FAFS
Councilman Brede reported that the committee after reviewing its data
and discussing its proposals with the city staff and Mr. Bill Bledsoe, was
submitting the following recommendations for Council consideration:
1. Effective the first Monday in April, April 6, 1981, all garbage
pick-up will be curbside only. The public will be notified
through notices placed in the newspaper shortly before the
effective date.
2. The city shall retain 17,% of monthly gross receipts for garbage
hauling billed by the city. This is a 22% increase of the current
amount retained.
3. Gate fees for packer units to be increased from $1.00 per cubic
yard to $1.50 per cubic yard.
4. City of Dublin gate fee to be increased from $1.00 per cubic yard
to $2.00 per cubic yard for packer units.
5. All other landfill gate fees to remain the same.
Councilman Brede advised that the 22% increase in the monthly gross
receipts would give the city $7,000 more annually. The 50G increase per
packer unit would give the city $4,000 more annually and the increase in
the City of Dublin's charges, would be another $9,000 with a total increase
in the city's revenues of approximately $20,000 which will be used to help
offset the cost of operating the sanitary landfill.
After discussion, Councilman Brede moved, seconded by Councilman
Riggins, that the City Council accept and approve the above listed re-
commendations as presented. Motion carried unanimously.
Mayor Cummings commented that the city would really realize more
than the $20,000 because they would not have the cost of..the upkeep of the
allege used by the garbage trucks.
eahementa+c(conn.ected in minutez ob 417181)
V COMMITTEE REPORT
SALE OF MCNEILL
Councilman Brede reported that he had met with the Planning & Zoning
Commission to discuss the sale of this property with them. The Commission
had indicated that they did not have any specific recommendations for use
of this property in the future: He said he reported this to the committee
and, after discussion, the committee.recommends that the property not be
sold.
102
After discussion, Councilman Brede moved, seconded by Councilman
Ferguson, that the city owned property on East McNeill Street (Lots 1
and 4, Block 13, City Addition) not be sold at this time. Motion carried
unanimously.
ITEM VI: CONSIDER FOR AWARD, BIDS
City Administrator Kurt Ackermann read the two bids received for
a proposed second water well and pump as follows:
1.Layne-Texas Company ;Dallas, Texas
a. Test Hole & Well -------------------------- $88,157.
b. Deep Well Turbine Pump -------------------- $26,209.
TOTAL----------- $11 ,366.
2. J. L. Myers Company, Dallas, Texas
a. Test Hole & Well ------------------------ $ 73,540.
b. Deep Well Turbine Pump ------------------ $ 24,705.
TOTAL------------ 9 ,2 5.
After discussion, Councilman Irwin moved, seconded by Councilman
Clayton, that the contract for the second water well and pump be awarded
to J. L. Myers Company, Dallas, Texas, on the low bid of $98,245. Motion
carried unanimously,
Mayor Cummings commented'. that, according to Conrad Callicoatte's
calculations, this second well put the city's water situation about even,
if the anticipated demand is about the same as last year. He said he
would like for the Council to consider very carefully the possibility
that the city may need to dig another well before the summer. Mayor
Cummings directed Mr. Ackermann to put this on the April agenda and ask
Mr. Callicoatte to be here for consultation on the possibilities. He
said it was his opinion that water was one of the services the city is
honor bound to provide. It will cost money, but we have to have it.
ITEM VII;''DI'S'CUSS AMENDINGCERTAIN SECTIONS OF CHAPTER 4
City Administrator Kurt Ackermann explained that, in November, 1980,
upon recommendation of the city staff, the Council passed an amendment
to the Pool Hall License Ordinance establishing a fee of $50.00 per year
for the license and $10,00 per table per year. Since that time, the staff
has learned that there are certain limitations under state statutes as
far as fees that can be imposed on pool halls, game rooms, etc. on
billiard tables. To comply with state statutes, the ordinance should be
amended to include a license fee of $10.00 per table per year and establish
an occupation tax of $2.50 per table per year which will bring the fees to
a total of $12.50 per table per year.
ORDINANCE
AN ORDINANCE REPEALING ORDINANCE PASSED ON NOVEMBER 11, 1980
BY THE CITY COUNCIL AND BEING SET OUT IN THE CITY COUNCIL
MINUTES IN BOOK L AT PAGE 78A OF THE MINUTES OF THE CITY
COUNCIL AND THEREIN SHOWN AS SECTIONS 4-10 AND 4-11 OF CHAPTER
4 OF THE CODE OF ORDINANCES OF THE CITY OF STEPHENVILLE; AND
ADDING TO CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF
STEPHENVILLE, SECTIONS 4-10, 4-11, 4-12, AND 4-13 WHICH IMPOSE
A LICENSE FEE TO BE PAID BY THOSE OPERATING A BILLIARD TABLE OR
TABLES WITHIN THE CITY OF STEPHENVILLE AND LEVYING AN OCCUPATION
TAX ON THOSE SO OPERATING BILLIARD TABLES WITHIN THE CITY OF
STEPHENVILLE AND MAKING FAILURE TO PAY FEE AN OFFENSE AND PRO-
VIDING A PENALTY THEREFOR; AND PROVIDING FOR FORFEITURE OF LICENSE
UPON FAILURE TO PAY OCCUPATION TAX AND MAKING OPERATION AFTER SUCH
FORFEITURE AN OFFENSE AND PROVIDING PENALTY THEREFOR.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE:
102 A
ORDINANCE REPEALING ORDINANCE PASSED ON NOVEMBER 11, 1980 BY
THE CITY COUNCIL AND BEING SET OUT IN THE CITY COUNCIL
MINUTES IN BOOK L AT PAGE78A OF THE MINUTES OF THE CITY
COUNCIL AND THEREIN SHOWN AS SECTIONS 4-10 AND 4-11 OF
CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF STEPHENVILLE;
AND ADDING TO CHAPTER 4 OF THE CODE OF ORDINANCES OF THE
CITY OF STEPHENVILLE, SECTIONS 4-10, 4-11, 4-12 AND 4-13
WHICH IMPOSE A LICENSE FEE TO BE PAID BY THOSE OPERATING A
BILLIARD TABLE OR TABLES WITHIN THE CITY OF STEPHENVILLE AND
LEVYING AN OCCUPATION TAX ON THOSE SO OPERATING BILLIARD
TABLES WITHIN THE CITY OF STEPHENVILLE AND MAKING FAILURE TO
PAY FEE AN OFFENSE AND PROVIDING A PENALTY THEREFOR; AND
PROVIDING FOR FORFEITURE OF LICENSE UPON FAILURE TO PAY
OCCUPATION TAX AND MAKING OPERATION AFTER SUCH FORFEITURE AN
OFFENSE AND PROVIDING PENALTY THEREFOR.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE:
Section One
That certain ordinance passed by the City Council on
November 11, 1980 and being set out in Volume L at page
78A , of the City Council Minutes and being designated as
Sections 4-10 and 4-11 of Chapter 4 of the Code of Ordinances
of the City of Stephenville is hereby repealed.
Section Two
There is hereby added and made a part of Chapter 4 of
the Code of Ordinances of the City of Stephenville the
following:
Sec. 4-10. License Fee.
There is hereby imposed on any person operating a
billiard table or tables within the City of Stephenville an
annual license fee of $10 for each table. This fee shall
be paid at the time this ordinance becomes effective and
shall be due and payable each 12-month period thereafter.
This license fee shall be paid on both coin operated and
non -coin operated billiard tables.
Section Three
There is hereby added and made a part of Chapter 4 of
the Code of Ordinances of the City of Stephenville the
following:
Sec. 4-11. Occupation Tax.
There is hereby levied on any person operating a
billiard table or tables within the City of Stephenville an
annual occupation tax on each table of $2.50 which shall be
due and payable when this ordinance becomes effective and
shall be due and payable each 12-month period thereafter.
This occupation tax shall be payable on both coin -operated
and non -coin -operated billiard tables.
Section Four
There is hereby added and made a part of Chapter 4 of
the Code of Ordinances of the City of Stephenville the
following:
Sec. 4-12. Penalty for Failure to Pay License Fee.
Any person operating a billiard table or tables within
the City of Stephenville without having paid the license fee
102
provided herein shall be guilty of a misdemeanor and upon
conviction thereof shall be subject to a fine of not to
exceed $200.00. Each day of such operation shall constitute
a separate offense.
Section Five
There is hereby added and made a part of Chapter 4 of
the Code of Ordinances of the City of Stephenville the
following:
Sec. 4-13. Penalty for Failure to Pay Occupation Tax.
Any person operating a bilard table or tables within
the City of Stephenville without having paid the occupation
tax provided herein shall forfeit that person's license to
operate any billiard table or tables within the City of
Stephenville and the operation of any billiard table or
tables after license thereon has been forfeited will con-
stitute a misdemeanor by the person so operating and upon
conviction thereof such person shall be subject to a fine of
not to exceed $200.00. Each day of such operation shall
constitute a separate offense.
Section Six
If any part of this ordinance or application thereof to
any person or circumstance is declared invalid, such holding
shall not affect the validity of the remaining portions of
this ordinance.
Section Seven
This ordinance shall go into effect immediately from
and after its publications, and it is so ordained.
PASSED AND APPROVED this 3rd day of March
1981.
Q;�2I
Jo ummmin s
g ,
Mayor
E T:
Gem
it Secretary
103
Councilman Anderson moved, seconded by Councilman Irwin, that this
ordinance amending Chapter 4 of the Code of Ordinances of the City of
Stephenville with regard to billiard tables in the City of Stephenville
be passed and approved. Motion carried unanimously.
ITEM VIII: REPORT FROM
WITH REGARD
Fire Marshall Kenneth Haley advised that he had received only one
bid for this highly specialized tool:
1. Texas Firefighters Equipment Co.--------------$8,840.00
New Braunfels, Texas
Mr. Haley explained that inflation had increased the price for this
tool by $2,800.00 over what he had budgeted. He said this bid does in-
clude all the attachments. He advised the Council that this is the only
company in the state to handle this tool.
After a lengthy discussion, Councilman Irwin moved, seconded by
Councilman Clayton, that the City Council authorize the purchase of
the "Jaws of Life" extrication tool and negitiate with the county to
see if they will pay their appropriate share. Motion carried unanimously.
IX: REPORT FROM
KENNETH HALEY REGARDING CITY'
Fire Marshall Kenneth Haley reported that the city is in the process
of updating its Civil Defense and Tornado Alert Systems. He advised
that there will be a city-wide tornado drill on April 9, 1981. He said
there have been two drills in the past and they have worked very well.
These drills help the personnel become more familiar with their duties
and equipment during an emergency.
Mr. Haley made the following recommendations:
1. Increase the distance from 5 miles to 25 miles to sound the
alarm if and when a tornado is sighted.
2. Have more trained spotters.
3. Need 3 more sirens in order to cover the city adequately.
4. Need more uniform communications to get the information to
city officials when a tornado is sighted.
5, Need more information on safety preparedness given to the
public - more coverage in the newspapers and on the radio.
6. Need more ways to alert the public when a tornado is sighted.
7. Need a booster station for NOAA weather station.
8, Need a new "Call List" for the National Weather Service and a
central telephone number for citizens to call for information
so as not to tie up the Fire Department and Police Department
telephone lines when there is an emergency.
The Mayor, Council, Mr. Haley and Mr. Bob Stalnaker from the Weather
Bureau in Stephenville, discussed the above recommendations and the pro-
blems encountered with the radar at the weather station and their chain
Of communications - the fact that KSTV radio station closes early in
evening.
After a lengthy discussion, it was the consensus:of the Mayor
and Council that Mr. Haley and Mr. Ackermann, along with Mr. Stalnaker
and the Weather Emergency Preparedness Officer continue with the up-
dating and improvements of the detection and alarm systems and with
the public awareness plans.
There being no other business to come before the Council, the
meeting adjourned at 8:45 pm.
—° M
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