Loading...
HomeMy WebLinkAbout1980-08-05 - Regular City Council4T REGULAR SESSION - TUESDAY AUGUST 5, 1980 - 7:00 P.M. CHAMBER OF THE CITY COUNCIL CITY HALL, STEPHEENVILLE, TEXAS The City Council of the City of Stephenville, Texas, met in Regular Session, Tuesday, August 5, 1980 at 7 o'clock p.m. with Mayor Joe F. Cummings present and presiding. COUNCILMEMBERS PRESENT: Mile Leese W. M. Irwin William G. Brede Charles Riggins Raymond Anderson E. W. Ferguson Larry Hammett David Clayton COUNCILMEMBERS ABSENT: NONE OTHERS ATTENDING: City Administrator Marshall Shelton Administrative Assistant Kurt Ackermann Director of Public Works R. Y. Gann City Secretary Joyce Pemberton City Attorney Joseph Chandler Director of Utilities Danny Johnson Director of Parks & Recreation Ronnie Isham Chief of Police Mike Watkins Fire Marshall Kenneth Haley Tax Assessor /Collector Robert Groves Street Superintendent Clinton Hicks Mr. Conrad Callicoatte Mr. James Gryder Mr. Roger Taylor Mr. David Cheatham Mr. Gerald Cook Members of the press and many others. Mayor Cummings called the meeting to order and declared a quorum present. ITEM I: APPROVAL OF THE MINUTES Councilman Brede advised that Item 3, Paragraph 8, Page 2, of the minutes of the July 1st meeting should be corrected to read Brede instead of Irwin as a member of the committee regarding Farmers Milling. Councilman Irwin moved, seconded by Councilman Riggins, that the minutes of the July 1, 1980, be approved and that Item 3, Paragraph 8, Page 2, be corrected to read that Councilman Brede is a member of the committee pertaining to Farmers Milling instead of Councilman Irwin. The Motion carried unanimously. ITEM II: CONSIDER APPEAL BY FARMERS MILLING Mr. James Gryder, representing Erath Fertilizer Company, came before the Council for the purpose of contesting the Fire Marshall's ruling that they could not store ammonium nitrate fertilizer in a new building that they have built and prepared for this purpose. Mr. Gryder explained that on January 18, 1980, they had secured a permit from the city to build a fertilizer storage plant at the end of Collins St. against the railroad track. On March 12, 1980, they received a permit from the Texas Air Control Board, Austin, Texas, to build said building in compliance with their controls of dust. They had approximately 85% to 90% of the building completed when Fire Marshall Haley advised them they could not store ammonium nitrate in this building as it would be in violation of the city's Fire Prevention Code. A ;8 Mr. Gryder said he believed this factor was based around the safety of the storage of ammonium nitrate. He assured the Council that they were safety minded and safety conscious of the product and what it will do. He said they have handled this product for approximately 12 years in bulk and they have to work around this product and work in it, there- fore they are very much safety minded about the product. Mr. Gryder further stated that they are insured with Miller's Mutual Insurance Company and their safety engineers have inspected the site in question and are willing to insure the building. Mr. Gryder advised that he would like for Mr. Roger Taylor, President of the Board of Directors and a Safety Engineer of Farmland Industries, to address the Council. He said that Mr. Taylor has worked for Farm- land Industries for 12 years in the storage, manufacturing and handling of ammonium nitrate. He also worked in the states of North and South Dakota as a safety engineer for 4 years. Mr. Taylor distributed pamphlets to the Council pertaining to the storage of ammonium nitrate taken from the National Fire Protection Association (NFPA) of 1975. He went through most of this pamphlet item by item with the Council explaining why and how this new building that Erath Fertlizer Company has built meets the safety requirements of the NFPA. Mr. Taylor Advised that ammonium nitrate as a fertilizer is a different product from ammonium nitrate as an explosive agent. Mr. Taylor explained that it would require a combination of contamination, heat and pressure to make ammonium nitrate fertilizer explode. He said, of course, under laboratory conditions you can make most anything happen. In summing up his appeal, Mr. Taylor stated that storage of ammonium nitrate is safe under specific conditions, including being free from contamination, pressure and heat and that Erath Fertilizer has met those obligations with the new building. Mr. & Mrs. Lloyd Franks, 320 W. Shirley, came before the Council objecting to the storage of the ammonium nitrate and /or any expansion of Farmers Milling Company due to the fact that they do not keep the present facilities clean and free of dust, flies and mosquitoes. Mr. Aubrey Holley, 634 N. Race, came before the Council objecting to the storage of ammonium nitrate fertilizer. Mr. Holley stated that the residents in that area were now bothered by the feed dust, noise and terrible odors. He said persons with allergies, asthma and other respirtory problems had real problems now with the dust and he felt that any more would just be too much. Mr. Holley stated that the area residents were fighting for their health and homes and they are against the storage of ammonium nitrate or any other combustible material. Fire Marshall Kenneth Haley came before the Council stating several reasons he had denied the permit to store ammonium nitrate fertilizer in said building. Mr. Haley said that ammonium nitrate will explode. He gave the following reasons for denial of said permit: 1) it is a heavily populated area, 2) overhead gasoline storage tanks nearby, 3) only 40 feet from railroad tracks that carries all types of items and chemicals, 4) limited firefighting space and difficult to get fire equipment to building, and 5) would be extremely dangerous to the firefighters and too many other problems, therefore, he recommended that the City Council deny the permit for the storage of ammonium nitrate in said building as re- quested by Farmers Milling and /or Erath Fertilizer Company. After much discussion, Councilman Leese moved, seconded by Councilman Brede, that the City Council refer this back to the original committee for further study and that they decide whether or not the Council should:, take any further action or should the Council reconsider the appeal and report at the next meeting. Councilman Hammett said he would like for the committee to look into what precautions the city has required of the discount stores around the city that store ammonium nitrate in bags with motor oil, etc. He said this could be just as dangerous as what Farmers Milling is proposing,. How many other places in town are storing the same thing. Mayor Cummings called for question on the above motion. The motion carried unanimously. 49 Mayor Cummings directed the committee to seek whatever advice is necessary to answer whatever questions they have. He said he wanted the Council satisfied one way or the other. He said if an outside consultant was needed, to get one. The committee should get whatever assistance was needed to clear up whatever questions they might have. ITEM III: CONSIDER RECOMMENDATIONS OF THE AIRPORT ADVISOR Mr. Charles Elliott, Chairman of the Airport Advisory Board, advised the Council that, after contacting several other cities, the Board had taken the present contract and suggested some changes which Mr. Randy Chandler, a member of the Board, would presnet to the Council. Mr. Randy Chandler presented the following changes in the Airport Lease contract: I. Mr. Taylor may charge up to $15.00 per month per hangar over and above the amount charged by the city. 2. Mr. Taylor shall pay to the city one (lp) cent for each gallon of gasoline sold at the 'airport. 3. The initial term of the lease shall be ten (10) years with a ten (10) year option clause. 4. That Mr. Taylor carry liability insurance on the airport facilities and his actions. Councilman Riggins stated that he thought there should be an "escalation clause" as far as the amount of hangar lease, the amount paid to the city on gasoline, etc. to take care of future inflationary costs. City Attorney Joseph Chandler advised that a "right of refusal" clause could be included.in the contract with the option clause. That when the ten (10) year: -lease was up the prices of hangars and gasoline would be negotiable at that time. Mr. Randy Chandler also stated that the Airport Advisory Board did recommend that Mr. Bob Taylor take over the operation and this lease. Also the Board recommends that the airport facilities be updated including at least eight (8) more lease hangars and a small terminal. He said there were several persons and some members of the Board that had indicatedi.they would be willing to build hangars, at city specifications, and lease to the city. After more discussion, Councilman Irwin moved, seconded by Councilman Clayton, that the City Council enter into this agreement with the "right of refusal" clause included;as. was discussed, effective October 1, 1980, and authorize the Mayor to sign said lease contract on behalf of the Citv. The Motion carried unanimously. ITEM IV: ,HEAR JACK GRAY ON POSSIBLE BOND 'ISSUE - Tape #3, Side 2 -00 Mr, Jack Grey, representing Schneider, Bernet & Hickman, as financial advisors, presented the Council with a propsed Water & Sewer Project Budget for a proposed bond issue..for water and sewer improvements. Mr. Grey presented copies of three Bond Amortization schedules of a proposed $2,150,000 Water and Sewer Revenue Bonds figured at 6 3/4 %, 7% and 7,/ interest.. He discussed each of the schedules with the Council. Mr. Grey also read a Financial Advisory Contract that would authorize Schneider, Bernet & Hickman to act as financial advisor for theCity of Stephenville on a bond issue of approximately $2,150,000 Water & Sewer Revenue Bonds, _5o After discussion, Councilman Irwin moved, seconded by Councilman Hammett, that the City Council accept the Financial Advisary Contract as read by Mr. Grey and authorize Mayor Cummings to sign all necessary papers. The motion carried unanimously. Mr. Vince Daddio requested that, should the Council decided to let bids on 1.6 acres of the Old Dump Ground which faces onto Harbin Drive between the Presbyterian Church and Lacy Funeral Home, the zoning be changed from R -1 to B -1. Mr. Daddio. +.said he felt it would be to the best interests of the city as commercial property would have a higher market value. He said he would not be interested in bidding on.it if it were not rezoned. He suggested that the city might want to restrict the type of business that could go in there. Mayor Cummings advised Mr. Daddio that rezoning had already been discussed and would be discussed further before the property is put up for bids, possibly later this evening in executive session. . LAVENIA LOHRMANN ADDRESSES THE Mrs. Lavenia Lohrmann, Director of the Senior Citizen Center, addressed the Council pertaining to the finances of the Senior Citizens Center. She explained the Center's services and expenses. She said that, due to inflation, the Center's expenses were rising at an alarming rate. Mrs. Lorhmann said she did not have an.exact figure to be included in the proposed budget, but she could give one at a later date. She thanked the Council for their help in the past and asked that these escalating expenses be considered when they were working on the budget for the coming year. Mayor Cummings advised Mrs. Lohrmann..:to get the exact figures she was requesting to Mr. Shelton as soon as possible for consideration in the coming budget. VII; COUNCILMAN BREDE' REPORTS 'ON COUNCIL OF Councilman Brede reported that on January 12, 1980, he had attended a workshop sponsored by the Council of Governments in Arlington for Mayors and Councilmembers. He advised that one of the panel discussions he had attended pertained to the "effectiveness of a councilmenber ". Some of the items recommended were: 1) the agenda should be in the hands of the council at least 7 days prior to the meeting, 2) generally there should be some executive sessions and committee meetings (working sessions) to get well acquainted with the problems and staff reports would be helpful. 3) do not be,.afraid to work with committees.(this is very improtant, even bring in outsides who are more familar with the problem), 4) the press is very important (make the press feel they are needed). In reviewing what he had heard in the various sessions of the work- shops, he said he would like to make the following recommendations: 1. That more than 72 hours notice of the agenda be given to the Councilmembers. He thought the Council could do a better job in a shorter period of time if they knew a little more about their subjects individually before coming to the council meetings Possibly work from committees, it might cut down time spent in the council meetings.: 2. Consider and discuss the possiblity that in small cities of less than 25,000 population it has been found, and is becoming increasingl. evident,that small shopping centers are not proving to be business volume getters. That they are splitting up the city into small areas that are difficult and expensive to handle for traffic, garbage control, policing and parking areas, etc. It may be in- creasing the cost of doing business with no improvements of shop- ping facilities, Mayor Cummings advised that the Council would possibly consider some of the recommendations, especially the agenda part, if it would help them. f,M.,-1 ITEM VIII: APPOINTMENT OF CITY HEALTH OFFICER Tape #4 - Side 1 - #340 Councilman Clayton moved, seconded by Councilman Ferguson, that the City Council reappoint Dr. Leon M. Altaras as the City Health Officer for the period of one year from this date. The motion carried unanimously. ITEM IX: BIDS ACCEPTED - Tape #4 - Side 1 - #346 Administrative Assistant Kurt Ackermann presented the following bids: 1. 1 Gas - powered yammer: Texas Contractors Supply -------------------------- $1.729.00 Fort Worth, Texas CRC Supply Inc .--------------------- - - - - -- - - - - -- $1,814.75 Houston, Texas Plains Machinery Company -------------------------- $1,985.00 Abilene, Texas Councilman Leese moved, seconded by Councilman Brede, that the low bid of $1,729.00, submitted by Texas Contractors Supply, for the purchase of one (1) gas - powered rammer be accepted. Motion carried unanimously. 2. 22 joints of 6" cement lined ductile iron pipe: Fittings Supply Company--------------------------- $1,766.16 Waco, Texas Trans Tex------------------- ------------------ - - --No Bid Arlington, Texas Rohan Company ------------------------------------- $2,148.30 Waco, Texas Southwest Meter & Supply Co.------------------ - - - -No Bid Bowles- Eden--------------------------------------- $2,261.60 Fort Worth, Texas Marrs Utility Supply Co.-------------------- - - - - -- $2,237.40 Waco, Texas Councilman Riggins.moved, seconded by Councilman Ferguson, that the City Council.accept the low bid of $1,766.16 submitted by Fittings Supply Company for the purchase of 22 joints of 6" cemetn lines ductile iron pipe. The motion carried unanimously. 3. City Hall Office Improvements - Turn Key job Patterson Office Supply --------------------------- $12,888.88 Stephenville, Texas After much discussion, Councilman Leese moved, seconded by Councilman Anderson, to accept the bid of $12,888.88 as submitted by Patterson Office Supply for a turn key job of improvements and new furniture for the offices in City Hall. The motion carried unanimously. 4. 1 Dump Truck After some discussion, Councilman Clayton moved, seconded by Councilman Riggins, that the City Council accept the bid submitted by Pollan -Blue Ford Co. in the amount-of $5;690.00 -for 1 1974 F750 Ford dump truck. The motion carried unanimously. 5.2 AUTHORITY TO INVITE_BIDS.FOR CITY DEPOSITORY - Tape #4 -Si Councilman Ferguson moved, seconded by Councilman Irwin, to authorize the City Administrator to prepare an invitation to solicit bids from the appropriate financial institutions for the City Depository for the fiscal year 1980 -1981. The motion carried unanimously. ITEM XI: RECOMMENDATIONS FOR RURAL FIRE SERVICE Tape #4 -Side 2- #46 Fire Marshall Kenneth Haley addressed the Council pertaining to to firefighting outside the corporate limits of the city. Mir. Haley advised the Council that the County is presently contributing $100.00 per month to the city which provides fire protection to the residents of Erath County. For the year-.1979;i.:37%-of the total calls made by the fire department were outside the city limits. Mr. Haley also advised that the County Commissioners have made no response to any proposals for an increase in contributions for 'fire protection for residents outside the city limits. He said that it costs approximately $700.00 per run, city or county, to operate the fire department. Also that, to his knowledge, the county has never purchased any piece of equipment for the fire department. The Council-discussed the alternatives and proposed rates to charge the county for firefighting.services. Also what it costs the city to send a fire truck and.:firement outside the city limits and theyfa,ct� that the city taxpayers are actually paying for the county's fire services. Councilman Irwin suggested that Mr. Haley document the costs for servicing the fires outside the city limits for a presentation to.the Commissioners Court. He said that the City Council represents the taxpayers of the City of Stephenville and should not allow their money to be spent for county purposes, Mayor Cummings asked Mr. Haley to have a breakdown (all different ways it can be figured) on how many runs made outside the city limits, the average length of the run, how many manhours used, and anything else that should be included in the operation costs by the September council meeting. At that time the Council can arrive at a figure to present to the Commissioners Court, whether it will be a base figure or an average cost per run or whatever and have the information to back up the proposed amount. XII: NOMINATION OF PERSON TO SUCCEED CL'INTON COX ON THE Mayor Cummings advised that Mr. Clinton Cox has resigned from the County Tax Appraisal.BOard..and the city needed to nominate someone as his replacement, Also that Dr. Leo Purvis had consented to serve on this board if elected. Councilman Anderson moved, seconded by Councilman Irwin, that the City Council nominate Dr. Leo Purvis as the person to succeed Mr. Clinton Cox as a member of the Erath County Tax Appraisal Board. The tdotion carried unanimously, ITEM XIII:' Director of Utilities Danny Johnson came before the Council for a question and answer session on the water situation for the present and the future. Mr. Johnson and the Council discussed the usage of water through this drouth, the ground storage facilities, the need for more wells for the future and the increase of costs of getting the water to the citizens. 2- ITEM XIV: DATE OF PUBLIC HEARING SET FOR ACCEPTANCE OF PROPOSED, BUDGET - #4 Tape -Side 2-#350 Mayor Cummings, with consent of the Council, set Thursday, August 28, 1980 at 7:00 p.m. in the Council Chambers, as the date , time and place for a public hearing to consider the proposed budget for the fiscal year 1980 -1981. ITEM XV: RESIGNATION OF CITY ADMINISTRATOR MARSHALL SHELTON Mayor Cummings advised that City Administrator Marshall L. Shelton had submitted his letter of resignation, effective September 1, 1980. Councilman Riggins moved; seconded by Councilman Anderson, that the City Council accept the resignation of Marshall L. Shelton as the City Administrator, effective September 1, 1980. The motion carried unanimously. Mayor Cummings called for an executive session for the purpose of discussion personnel and sale of property under the provisions in Vernon's Civil Statutes, Article 6252 -17, Sections 2 f and g. Mayor Cummings called the meeting back to order in open session at 11:40 p.m. Councilman Hammett moved, seconded by Councilman Brede, that the 1.6 acres:of -the Old Dump Ground, facing onto Harbin Drive between the Pres- byterian Church and Lacy Funeral Home, be presented to the Planning & Zoning Commission for rezoning to B -1, then advertize for bids for sale of said property. The motion carried unanimously. Councilman Irwin moved, seconded by Councilman Riggins, that Mr. Kurt Ackermann be appointed as Acting City Administrator, effective September 1, 1980, for a period of six (6) months, at an annual salary of $22,000:00 . The motion carried unanimously. There being no other business to come before the Council, the meeting adjourned at 11:45 p.m. 2 'Y Ma r ATTEST: ty ecretary