HomeMy WebLinkAbout1981-04-07 - Regular City Council'10 9
REGULAR SESSION- TUESDAY
APRIL 7, 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, April 7, 1981 at 7:00 pm with Mayor Joe F. Cummings
present and presiding.
MEMBERS PRESENT:
William G. Brede E. W. Ferguson
Charles Riggins Larry Hammett
Raymond Anderson David Clayton
MEMBERS ABSENT:
q W. M. Irwin
Mike Leese
OTHERS ATTENDING:
City Administrator Kurt Ackermann
City Secretary Joyce Pemberton
City Attorney Joseph Chandler
Director of Finance Charlene Young
Director of Public Works R. Y. Gann
Director of Utilities Danny Johnson
Director of Parks & Rec. Ronnie Isham
Chief of Police Mike Watkins
Chairman of P & Z Commission Ralph Kemp
Local Manager of Texas Power & Light Co. Jerry Singleton
Local Manager of Lone Star Gas Co. J. W. Beck
Students of Tarleton State University Government Class
Members of the press and others
Mayor Cummings called the meeting to order and declared a quorum
present.
ITEM I: APPROVAL OF THE MINUTES
Councilman Brede pointed out that Item IV, last paragraph, page 101
of the March 3, 1981 minutes should be corrected to read "Mayor Cummings
commented that the city would really realize more savings than the $20,000
because they would not have the cost of the upkeep of the easements used
by the garbage trucks".
Councilman Riggins moved, seconded by Councilman Clayton, that the
minutes of March 3rd, with the above change, March 16th and March 24th,
1981, be approved as written. Motion carried unanimously by those members
present.
ITEM II: ELECTION RETURNS CANVASSED
Mayor Cummings appointed Councilman Clayton as chairman and Council-
men Hammett and Brede of a committee to canvass the city election returns
of the City Officers Election held on the 4th day of April, 1981.
Mayor Cummings recessed the meeting while the committee canvassed
the returns.
Mayor Cummings called the meeting back to order and asked for a
committee report from the canvassing committee.
Councilman Clayton reported that the committee had found the returns
to be in order. The results are as follows:
Total votes cast ------------------------------ 594
Place 1 Charles Riggins ---------------------- 494
Linda Boyd (write-in)---------------- 1
110
Place 3 Jesse M. Sexton ------------------------------- 151
Michael David Hallmark----------------- 67
G. A. "Pinkie" Swindle------------------------362
Place 5 E. W. Ferguson -------------------------------- 386
Betty Heath ----------------------------------- 196
Place 7 Raymond Anderson ------------------------------ 490
Mayor Cummings read the Resolution stating that Charles Riggins,
G. A. "Pinkie" Swindle, E. W. Ferguson and Raymond Anderson were duly
elected .city councilmembers of the City of Stephenville.
Councilman Clayton moved, seconded by Councilman Brede, that said
Resolution be passed, adopted and approved as read. Motion carried
unanimously by those members present.
The City Secretary administered the Oath of Office and the elected
councilmembers were seated in their respective places.
e
ITEM III: TEXAS POWER & LIGHT CO. REQUEST FOR RATE INCREASE
Mr. Jerry Singleton, local manager for Texas Power & Light Co.,
came before the Council to present a request for a 20.3% rate increase.
Mr. Singleton cited several reasons for the decrease in their revenues
which prevents Texas Power & Light from maintaining a healthy financial
position. Mr. Singleton also listed several areas where they are cutting
expenses.
After discussion, Councilman Riggins moved, seconded by Councilman
Ferguson, to pass and adopt an ordinance suspending the effective date
of proposed rate increase of Texas Power & Light Company for 120 days
from April loth, 1981. Motion carried unanimously by those.members present.
ITEM IV: PROPOSAL TO AMEN D FRANCHISE OF LONE STAR GAS CO. TO
nVVTTTV QT:DTTT0V T TNT: ANTI VADTI T lKlk.rr
Mr. J. W. Beck, local manager of Lone Star Gas Co., presented the
proposed franchise amendment which defines a "Service Line" and a "Yard
Line". Mr. Beck explained this change is required by federal regulations.
After discussion, Councilman Anderson moved, seconded by Councilman
Hammett, that the ordinance providing for a modification of the terms
"Service Line" and "Yard Line" as shown in Section 4 of said ordinance
be passed and approved as requested. Motion carried unanimously by those
members present. (Ordinance attached to and becoming a part of these minutes
ITEM V: RATE INCREASE REQUEST FROM LONE STAR GAS CO.
Mr. J. W. Beck, local manager of Lone Star Gas Co., presented a
request for a 9% rate increase.
Mr. Beck requested the Council approve 'a temporary rate increase,
effective June 4, 1981, while they study the request. Should the rate
increase be refused, the temporary increase would be refunded to the
consumer.
After discussion, Councilman Clayton moved, seconded by Councilman
Brede, to approve the request for temporary rate relief requested by
Lone Star Gas Co., effective June 4, 1981. Motion carried unanimously
by those members present.
ITEM VI: RECOMMENDATIONS FROM THE PLANNING & ZONING COMMISSION
a. Mayor Cummings set Tuesday,. May 5, 1981 at 7:00 pm in Council
Chambers as the date, time and place for a Public Hearing to consider
rezoning from R-1 to B-2, Lots 12, 13, 14, 15, 16, and 17, Block 147,
City Addition.
8102--ORDER DECLARING RESULT OF CITY OFFICERS' ELECTION —Class 4
clsda h Coum, Inc.
Order Declaring Result of City Officers' Election
THE STATE OF TEXAS
CITY OF STEPHENVILLE
On this the 7th day of April _ 19 81 the City Council?U*6�
of the City of Stephenville Texas, convened in Regular session at the
regular meeting place thereof with the following members present, to -wit:
Joe F. Cummings Mayor,
Raymond Anderson Alderman/XKaWA#ED{td i4X
William G. Brede Alderman/19=4000=d
David Clayton Alderman=
W. M. Irwin
E. W Ferguson Alderman=
Charles Riggins
Larry Hammett Alderman=
Joyce Pemberton __, City Secretary mkk
and the following absent: Mike I G a , constituting a quorum, and
among other proceedings had were the following:
Alderman/93riittiit U1 pavi d (:1 nyt-nn introduced xresolution and order
and moved its adoption. The motion was seconded by Alderman/&ZjMt%1817i4& Wi I 1 i am Brede and
the motion carrying with it the adoption of the resolution and order prevailed by the following vote,
AYES: R. Anderson W. G. Brede D. Clayton W. M. Irwin, E. W. Ferguson,
C. Riggins, and L. Hammett NOES: None
The resolution is as follows:
There came on to be considered the returns of an election held on the 4th day of April , 19_81 ,
for the purpose of electing the hereinafter named officials, and it appearing from said returns, duly and legally made, that
there were cast at said election 594 valid and legal votes; that each of the candidates in said election
received the following votes:
NAME OF CANDIDATE.
TOTAI. NUMBER OF VOTES RECEIVED
FOR ALDERMAN/6 KW551W£R
NAME OF CANDIDATE TOTAL NUMBER OF VOTES RECEIVED
Charles Riggins 494
Linda Boyd 1
FOR City Council, Place 1
NAME OF CANDIDATE
TOTAL
NUMBER
OF VOTES RECEIVED
Jesse M. Sexton
151
Michael David Hallmark
67
G. A. "Pinkie" Swindle
362
FOR
City Council,
Place
3
NAME OF CANDIDATE
TOTAL
NUMBER
OF VOTES RECEIVED
E. W. Ferguson
386
Betty Heath
196
FOR
City Council,
Place
5
NAME OF CANDIDATE
TOTAL
NUMBER
OF VOTES RECEIVED
Raymond Anderson
490
FOR
City Council,
Place
7
NAME OF CANDIDATE
TOTAL
NUMBER
OF VOTES RECEIVED
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL/40MMC OF THE CITY OF
STEPHENVILLE, , TEXAS:
That said election was duly called; that notice of said election was given in accordance with law, and that said election
was held in accordance with law, and
duly elected Mayor
of said City at said election and Charles Riggins G. A "Pinkie" Swindle, F. [_ Fergiisnn
and Raymond Anderson
were duly elected Aldermen/gefAliffiAMW of said City at said election, and
was duly elected 2
and said above named parties are hereby declared duly elected to said respective offices, subject to the taking of their oaths
and filing bond as provided by the laws of the State of Texas,
PASSED, ADOPTED AND APPROVED this the—Zth day of 19_81
Mayor
AT ST:
ao-�c
secretary/L7erki
((1 Strike one not appplicable.
(2� Strike !1 not applicable.
b. Discussion of Pecan Valley MHMR facility located at 1100
N. McCart Street.
Mr. Ralph Kemp, chairman of the Planning & Zoning Commission,
advised the Council that in the Planning & Zoning Commission meeting on
March 19th they had taken under consideration a request from Pecan Valley
MHMR for a classification of the facility located at 1100 N. McCart Street.
as an "alternative residential use". The term "alternative residential
use" does not appear the Zoning Ordinance.
Mr. Kemp said several persons addressed the Commission speaking
both for and against the facility. He stated that, after considerable
discussion, it was the general consensus of the Planning & Zoning Commission
that they needed more legal and medical advice before they could render
a decision as to whether or not the operation was in violation of the
existing zoning ordinance. On the motion of Commissioner Cox, the Com-
mission requested that the City Council turn to the City Attorney and seek
some type of legal and medical recommendations as to exactly what the
Qperation is so that the Commission could perform their duty and decide
whether the facility is in violation or compliance with the present zoning
ordinance.
Mr. Kemp said that, basically, the problem is the Commission is
not sure whether the facility is a true residential type facility or some
type medical facility which might be brought into the definition of hospital.
A hospital can be placed in an R-2 district with certain limitations and the
conflict is whether this facility falls under one or more of these limitation
The limitations are the treatment of feeblemindedness, tubercular, liquor,
narcotic, insane or small animals. The question is are they, in fact,
operating a hospital where one of these five situations are being treated
or a hospital where all were occupying the property as a residential use.
Mr. Roy Alexander, Director of Client Services for Pecan Valley
MHMR, came before the Council to discuss the type facility they are oper-
ating. Mr. Alexander advised the Council that MHMR had interpreted the
R-2 zoning to be multi -family dwelling, therefore, they pursed the develop-
ment of the program at this location. They will not be treating clients on
the premises at this location. They will be transported to the facility
on the Lingleville Highway for treatment. He advised this is a short term
care facility (6 weeks average) with a maximum of 14 persons at a time.
MHMR is providing residence only and the clients are charged on a sliding
scale according to their total annual income. MHMR is not providing treat-
ment as in counseling, psychotherapy or seeing a psychiatrist for medication.
There will be two staff members on duty 24 hours a day 7 days a week.
One of which will be a licensed LVN or a registered nurse because occasion-
ally one of the clients with a unique problem may be on certain types
medication, therefore, it will be a monitoring sort of thing, but not a
treatment.
Mr. Alexander said the facility would provide for a variety of
clients, such as, the depressed person, the nervous person, the person
coming off alcohol and trying to get away from that type of addiction and
those types of persons who need assistance in a supervised living type
situation. It is mainly a mental health center.
Mayor Cummings commented that the problem seems to be a lack ofl
clarification as to whether or not this is a health facility. He said
` he would like for Mr. Chandler to render a legal interpretation of whether
or not this facility would come under one of the five limitations mentioned
above. He directed Mr. Ackermann to furnish Mr. Chandler with any infor-
mation available.
Mr. Chandler advised there was a need to establish the facts
before he could render a legal opinion. He suggested the Mayor appoint
a committee from the Council to look into the facts and from their findings
he would give a legal opinion.
Mayor Cummings appointed Councilmen Riggins, chairman, Irwin and
Brede as a committee, working very closely with Mr. Chandler, to determine
the pertinent facts to see if there is any legal problem and report to the
Council at the next regular meeting.
`I 2
a
TEM VII: PUBLIC HEARING TO CONSIDER REZONING
1 TO R-2
Mayor Cummings opened the kfloor for a Public Hearing to consider
rezoning Blocks 26 and 27, South Side Addition, from R-1 to R-2.
Mr. L. J. Spikes addressed the Council speaking for the rezoning of
Block 27 as he had made the original request.
There being no one else wishing to address the Council, either for
or against said rezoning, Mayor Cummings closed the Public Hearing.
Councilman Anderson moved, seconded by Councilman Clayton, that the
City Council approve the rezoning of Blocks 26 and 27, South Side Addition,
from R-1 to R-2. Motion carried unanimously by those members present.
ITEM VIII: REQUEST FROM VINCE DADDIO FOR CITY
As Mr. Daddio was not present to make his presentation, Mayor Cummings
tabled this item until another meeting when Mr. Daddio could be present.
ITEM IX: ORDINANCE AMENDING THE GARBAGE CONTRACT FRANCHISE
WITH BILL BLEDSOE
Mayor Cummings read the heading of
the ordinance attached to and becoming
plained what constituted the amendment.
the franchise amendment (copy of
part of these minutes) and ex -
After some discussion, Councilman Brede moved, seconded by Councilman
Riggins, that the ordinance amending the garbage franchise be passed and
approved as read. Motion carried unanimously by those members present.
3-AT-LARGE ORDINANCE
Chief of Police Mike Watkins explained that the present ordinance
provides that owners of animals running at large and picked up by Animal
Control can be fined $10.00 per animal. The proposed amendment does not
specify an amount and the penalty would be at the discretion of the Judge
not to exceed $200.00 per offense.
Councilman Hammett moved, seconded by Councilman Ferguson, that said
amendment be approved as recommended by Chief Watkins. Motion carried
unanimously by those members present.
ITEM XI: REPORT FROM CHIEF OF POLICE MIKE WATKINS
Chief Watkins explained that the State has turned the maintenance of
the traffic signals on Belknap Street over to the city. Said signals are
old and have been giving quite a bit of trouble, especially the one at
Tarleton and Belknap. It is next to impossible to get parts or personnel
for repairs. He said it would cost approximately $2,000 plus installation
to replace with solid state signals. Chief Watkins suggested using the
present signals until they go out, then install 4-way stop signs. He sai
he thought they would work very well, especially at Tarleton and Belknap.
After a lengthy discussion, Councilman. Anderson moved, seconded by
Councilman Hammett, to continue with the present traffic signals on Belknap
Street until the one at Tarleton and Belknap goes out, then replace it
with a 4-way stop sign and try to make it through the fiscal year with
the traffic lights at Belknap and Mason and Belknap and College and, hope-
fully, can budget and replace them with solid state light signals next year.
Motion carried unanimously by those members present.
AMENDMENT TO FRANCHISE TO
BILLY R. BLEDSOE FOR
GARBAGE COLLECTION AND,DISPOSAL
AN ORDINANCE AMENDING FRANCHISE GRANTED TO BILLY R. BLEDSOE ON
MARCH 7, 1978 WHICH CHANGES SECTION TWO OF SAID FRANCHISE AND
PROVIDING THAT GARBAGE WILL BE PICKED UP ON CURB OR ON ALLEYS AND
TRAVELLABLE EASEMENTS AND CHANGING THE PERCENTAGE OF RECEIPTS TO
BE PAID TO CONTRACTOR AS PROVIDED IN SECTION ELEVEN OF SAID
FRANCHISE FROM EIGHTY-FIVE PERCENT (85%) TO EIGHTY-TWO AND ONE-
HALF PERCENT (82 1/2%)
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE,
TEXAS:
Section One
Section Two of said franchise is hereby amended to read as
follows:
The Contractor shall collect and dispose of all garbage,
trash and refuse accumulated within the corporate limits of City
of Stephenville and beyond, for which service a charge shall be
made and collected by the City, under the following regulations:
A. Occupants of residences that are located adjacent to a
designated city alley or travellable easement shall
place their garbage cans or other containers of their
garbage in such alley or easement way,.where they will
be picked up by Contractor, it being understood and
hereby declared that designated alleys shall be -kept in
travellable condition by the City, but that easements
are not the responsibility of the City and shall be
kept in travellable condition by the property owners
over -whose land such easements run. Should any ease-
ment not be travellable by Contractor's garbage trucks,
the owners or occupants adjacent to such easement will
place their garbage adjacent to the street on which
their residences are located as hereinafter provided
for those whose.resid.ences are not adjacent to a
designated alley or travellable easement.
B. Occupants of residences not located adjacent to a
designated alley or travellable easement shall place
their garbage in cans or other containers adjacent to
the curb line in the utility space between their
property line and t'le curb.
C. Contractor shall not be rewired to pick up any garbage
placed other than as provided above.
D. The Contractor shall be obligated to serve all garbage
service accounts, and to service such additional
accounts as may be directed by the City.
E. Ccmmercial bones are to be furnished by the Contractor,
and the Contractor shall return all lids on such
commercial boxes to the closed position upon garbage
and trash being picked up from such boxes.
Section Two
That part of Section Eleven of said franchise reading as
follows:
"On the 1st day of each month, the City shall pay to the
Contractor eighty-five percent (85%) of the gross receipts
-1-
0
from garbage collection charges on accounts actually
serviced by the Contractor for the preceding month." is
hereby changed and amended to read as follows: "On the 1st
day of each month, the City shall pay to the Contractor
eighty-two and one-half percent (82 1/2%) of the gross
receipts from garbage collection charges on accounts
actually serviced by the Contractor for the preceding
month."
This amending ordinance shall go into effect on April
15, 1981.
PASSED AND APPROVED this 7th day of April, 1981.
CITY OF STEPHENVILLE
Ma
or
ATTEST:
City Secretary
The above and foregoing amendment to franchise is accepted
by me this g— day of April, 1981.
(Billy Bledsoe)
-2-
AN ORDINANCE AMENDING SUBSECTION (C) OF SECTION 3-7 OF
ARTICLE I OF CHAPTER 3 OF THE CODE OF ORDINANCES OF CITY OF
STEPHENVILLE PROVIDING A PENALTY FOR PERMITTING OR ALLOWING
AN ANIMAL TO RUN AT LARGE IN THE CITY OF STEPHENVILLE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE:
Section One
Subsection (C) of Section 3-7 of Article I of Chapter 3
of The Code of Ordinances of the City of Stephenville is
hereby changed and amended and hereafter shall read as
follows:
"Any person owning or keeping any animal who
permits or allows such animal to run at large
on the public streets, avenues, alleys, parks
or other public property of the City or to run
at large upon the premises of any other person
within the City shall be guilty of an offense
and upon conviction thereof shall be fined in
any sum not to exceed $200.00."
Section Two
This ordinance shall go into effect immediately from
and after its passage and publication as provided by law.
PASSED AND APPROVED this 7th day of April, 1981.
ATTEST:
City Secretary
1A3
ITEM XII: COMMITTEE REPORT REGARDING COMPLIMENTARY WATER SERVICE
Mayor Cummings advised that the committee was not ready to report
and tabled this item until the next regular meeting.
ITEM XIII: REPORT
OF FINANCE
YOUNG ON
Mrs. Young advised the Council that the city is still withholding
payments on the B-800 computer. She said she felt the system is now
operating up to its potential. Also, that she and Mr. Ackermann had
talked to Mr. Chandler regarding Burroughs Corporations responsibility
toward paying the city for the overtime involved with the installation
of said computer or deducting that amount from their payments. Mr.
Chandler advised them the city did not have a valid claim against Burroughs
for compensation of overtime paid as this was not stated in the contract.
Mrs. Young said it has been 10 months since the city has made any payments
to them and she recommended the city resume payments or get rid of the
computer.
After some discussion, Councilman Clayton moved, seconded by Council-
man Anderson, that the city resume the monthly payments to the Burroughs
Corporation for the B-800 computer. Motion carried unanimously by those
members present.
ITEM XIV: MEMBER APPOINTED TO THE AIRPORT ADVISORY BOARD
Mayor Cummings advised that, after talking with Charles Elliott,
chairman of the Airport Advisory Board, he recommended the appointment
of Bob Golenia to the Airport Advisory Board.
Councilman Riggins moved, seconded by Councilman Clayton, that Bob
Golenia be appointed to the Airport Advisory Board as recommended by the
Mayor. Motion carried unanimously by those members present.
There being no other business to come before the Council, the
meeting adjourned at 9:00 p.m.
Joe � Cu ings
ATTEST:
( Zj� 2�1_
ty ecretary