HomeMy WebLinkAbout1980-10-07 - Regular City Council[a
REGULAR SESSION - TUESDAY
OCTOBER 7, 1980
CHAM3ER OF THE CITY COUNCIL
CITY HALL, STEPHENVILLE, TEXAS
The City Council of the City of Stephenville,
Regular Session Tuesday, October 7, 1980 at 7:00 p
Joe F. Cummings present and presiding.
COUNCILMEMBERS PRESENT:
W. M. Irwin
William G. Brede
Charles Riggins
Texas, met in
.m. with Mayor
Raymond Anderson
E. W. Ferguson
Larry Hammett
David Clayton
COUNCILMEMBERS ABSENT: MIKE LEESE
OTHERS ATTENDING:
Gerald Cook Joe Cude
Conrad Callicoatte Mr. & Mrs. Robert Walker
Lee Solley Lyle Lacy
Connie Birdsong Members of the press
many others
Mayor Cummings called the meeting to order and declared a
quorum present.
ITEM I: APPROVAL OF THE MINUTES
Mayor Cummings advised that the minutes of September 25, 1980,
second paragraph, page 67, should reflect that Councilman Riggins
did not take part in.the discussion or in the vote pertaining to
the depository bids.
Councilman Anderson moved, seconded by Councilman Ferguson, that
the minutes of the meetings of September 9th and September 25th, 1980,
be approved with the above change reflected in these minutes. Motion
carried unanimously by those members present.
ITEM II: CONSIDER REQUEST BY MRS,..CONNIE BIRDSONG ON BEHALF OF
THE CROSS TIMBERS FINE ARTS ASSOCIATION - #18
Mrs. Connie Birdsong, president of the Cross Timbers Arts Council,
addressed the Council on behalf of the cultural arts. She outlined
the benefits the city and surrounding communities would receive from
them. Mrs. Birdsong also gave a very detailed account of the forming
of the Cross Timbers Arts Council and their activities since formation.
Mrs. Birdsong advised the Council of legislation that requires the
Arts Council to have matching funds available on a local level before
they can receive state funding through the Texas Commission On The Arts.
She quoted from HB #298, passed in 1977, that allows communities to use
Hotel -Motel Occupancy Tax to support the arts. Also SB #333 which allows
city governments the option of levying an additional 1% Hotel -Motel
Occupancy Tax which does not require a vote of the people.
In closing her presentation, Mrs. Birdsong, on behalf of the Cross
Timbers Fine Arts Council, Inc., requested that the City Council raise
the Hotel -Motel Occupancy Tax from 3% to 4% and designate the additional
1% to the Arts Council and further, that another 1% of the 3% the
Chamber of Commerce presently receives be directed to the Cross Timbers
Fine Arts Council, Inc. Mrs. Birdsong said that the additional 1%
would provide approximately $6,000.00 to the Arts Council.
Councilman Riggins commented that he had been a member of this Arts
Council since its formation and thought it would be very good for the
city and surrounding areas and would like for the Council to give very
serious consideration to Mrs. Birdsong's proposal.
Mr. Gerald Cook, manager,iofithe Chamber of Commerce, addressed
the Council pertaining to the use of the 3% Hotel -Motel Occupancy Tax.
Mr. Cook stated that the $17,999.00 received from the tax was used
totally for tourism and development,and that his report to the Council
next month would have the figures to back this up. The money has not
been used frivolously and he is not required by law to make any report
to the State of Texas, only to the City Council. Mr. Cook said the
Chamber did not have a recommendation on Mrs. Birdsong's proposal at
this time as he did not know about it in advance. He said that the
Chamber would certainly oppose any more than the additional 1% going
to the Arts Council. He said its a question of where the Council wants
to spend the money for the biggest return. Mr. Cook advised the Council
that he would like to make a presentation at the next council meeting
with regards to this item.
City Attorney Joseph Chandler advised, in answer to Councilman
Riggin's question, that in order to raise the Hotel -Motel Occupancy
Tax, it would have to be done by ordinance. The 3% Hotel -Motel Occupancy
Tax the Chamber of Commerce is presently receiving cannot be changed
to 2% at this time unless the contract is terminated with 60 days notice.
If the contract is violated it can be terminated at any time, otherwise,
it renews itself each year on September 30th.
After much more discussion, Councilman Irwin moved, seconded by
Councilman Anderson, that the Hotel -Motel Occupancy Tax be raised to
4% with the additional 1% going to the Cross Timbers Fine Arts Associ-
ation.
Councilman Irwin commented that, if an agreement is drawn up with
the Cross Timbers Fine Arta Association, it be specifically stated how
this money is to:be spent. It will be spent for certain things that
shall be so designated by the Council.
Councilman Clayton suggested that maybe this should be discussed
in executive session as it seemed some of the council was more knowl-
edgeable than others on this matter. It would be helpful to know more
about it before voting on the motion now on the floor.
After more discussion, Mayor Cummings called for question on the
above motion that the Hotel -Motel Occupancy Tax be raised from 3% to
4% with the additional 1% going to the Cross Timbers Fine Arts Association.
The motion carried unanimously by those members present.
ITEM III: PUBLIC HEARING ON ZONING RECOMMENDATIONS FROM THE
PT.ANNTN(: R. 7nMTATC PnMMTCSTnN _ aFti77
Mayor Cummings opened the floor for comments on the rezoning from
R -1 to B -1 the north 83' of Lot 31, Block 134, City Addition.
No one addressed the Council either for or against the rezoning of
the above property.
Councilman Riggins moved, seconded by Councilman Brede, that the
Council approve the recommendation of the Planning & Zoning Commission
and that the north 83' of Lot 31, Block 134, City Addition, be rezoned
from R -1 to B -1. Motion carried unanimously by those members present.
Mayor Cummings opened the floor for comments on the rezoning from
R -1 to B -1 of Lots 2 and 3A, Block 63, City Addition.
No one addressed the Council either for or against the rezoning of
the above property.
Councilman Clayton moved, seconded by Councilman Irwin, that the
Council approve the recommendation of the Planning & Zoning Commission
and that Lots 2 and 3A, Block 63, City Addition, be rezoned from R -1
to B -1. Motion carried unanimously by those members present.
Mayor Cummings opened the floor for comments on the rezoning from
R -1 to B -1 of 1.6 acres of the Old Dump Ground. This being the property
between the Presbyterian Church and Lacy Funeral Home on Harbin Drive.
Mr. Lee Solley, speaking as a representative of the Presbyterian
Church, listed taverns, private clubs and drive -in grocery stores as
TO
some types of businesses that would be objectionable to the church
should this property be rezoned and sold. Mr. Solley presented a
letter signed by persons owning property in this vicinity including
the church who are opposed to this rezoning of the above property.
Councilman Riggins advised Mr. Solley that the city had intended,
to use deed restrictions to control the type of businesses that could
go in on this property.
Mr. Solley questioned whether or not this would be binding on future
councils should the property not sell for several years.
Mr. Solley advised the Council that one of the local civic clubs
was planning to spend $50,000 over a 5 year period on the Jaycee Park
and he believed this property could be put to better use if it were
to be included in the Jaycee Park,.
Mayor Cummings advised Mr. Solley that the landowners had been
uppermost in the Council's mind during all discussions of rezoning
and /or selling this property. He said it was not and never had been
the intention of the Council not to take the church and funeral home
into consideration when and if the property was sold and they had in-
tended to use deed restrictions to control this.
Mr., Lyle Lacy addressed the Council in regard to the rezoning of
the above property. Mr. Lacy said his concern was what type of bus-,
iness would go in there if it sold. He said that he personally had
no objections to a professional, building or an office type building
or something of that type and he realized that the city needed the
money from the sale of the property and that the property needs to
be on the tax roll.
Mr. Edmond Lee addressed the Council objecting to the rezoning, of
this property. Mr. Lee said he did not want the trees destroyed as he
enjoyed them and felt they enhanced his property which is behind this
property.
Mr. Joe Cude addressed the Council opposing the rezoning and the
sale of this property. Mr. Cude suggested making this porperty part
of the,Jaycee Park for either a swimming pool, a pavillion or storage
for maintenance equipment. Mr. Cude also suggested that, if the city
had to sell the property, to leave it as R -1 and he requested that the
Council reconsider rezoning this property to B -l.
City Attorney Joseph Chandler advised that it was very difficult
to write all the restrictions into a deed and make it binding on all
things.
After a lengthy discussion, Councilman Anderson moved, seconded by
Councilman Ferguson, that the recommendation to change the zoning on
1.6 acres of the Old Dump Ground from R -1 to B -1 be tabled at this
time. Motion carried unanimously by those members present.
Mayor Cummings appointed Councilmen Clayton, chairman, Anderson
and Brede as a committee to study this item - see what the possibilities
are - see what options there are in terms of deed restrictions - how
much land will be sold - what limits the city has - what controls the
city can exercise and report back to the Council at a later date.
IV:
OE POPE
AGENT
Mayor Cummings advised that, with the consent of the Council, he would
like to appoint Councilmen Hammett, Clayton and Leese as a committee to
investigate the above item and report back to the Council at a later date.
ITEM V:
UP
BY JOE WALKER WITH REGARD TO MEDIAN STRIP
NM nT�m _JLn
71
Mayor Cummings advised that David Jared, Traffic Safety Coordinator,
Office of Traffice Safety, surveyed the property in question (median at
entrance of Prairie Wind Blvd.) and recommended cutting an 18' wide cross-
over approximately in the center of the median.
Prior to the meeting Mr. Walker had submitted a list of persons
residing in River North Phase I who would have no objections to modifying
the median strip.
City Attorney Joseph Chandler advised that the Council could do what-
ever modifications needed for safety reasons.
The Council discussed at great length the different alternatives and
how each one would affect Mr. Walker and the other persons in that block
on both sides of the street.
City Administrator Ackermann said that Mr. Flenniken was the only one
that came to the committee meeting and spoke in opposition to any change
to the median.
After a lengthy discussion, Councilman Hammett moved to cut 18' off
both ends of the median in the first block of Prairie Wind Blvd. Council-
man Ferguson made the second. Councilman Hammett amended his motion to
include no on street parking in that block also.
After much more discussion, Councilman Hammett withdrew his motion
and Councilman Ferguson withdrew his second.
Mayor Cummings, with the consent of the Council, reactivated the
committee, consisting of Councilmen Leese, chairman, Clayton and Ferguson,
to visit with the property owners and discuss the alternatives and options
with them and report their feelings back to the Council at the next meeting.
VI: ORDINANCE
TO KEEPING ANIMALS WITHIN
City Attorney Joseph Chandler stated that this ordinance is to amend
sections 10 -18, 10 -19 and 10 -20 of chapter 10 of.the Code of Ordinances
of the City of Stephenville relating to health and sanitation. Mr. Chandler
read the ordinance and explained that it is not a.prohibition of the
keeping of animals.
After some discussion, Councilman Anderson moved, seconded by Council-
man Ferguson, that the ordinance by adopted and passed as read. The
motion carried unanimously by those members present.
ORDINANCE
AN ORDINANCE AMENDING SECTIONS 10 -18, 10 -19 AND 10 -20 OF CHAPTER 10
OF THE CODE OF ORDINANCES OF THE CITY OF STEPHENVILLE RELATING TO
HEALTH AND SANITATION.
ITEM VII: BID INVITATIONS REQUIRING COUNCIL APPROVAL AS FOLLOWS:
A. Councilman Irwin moved, seconded.by Councilman Riggins, to grant
authority to invite bids for 2 patrol cars and 1 animal control
pickup for the Police Department. Motion carried unanimously by
those members present.
B. Councilman Irwin moved, seconded by Councilman Brede, to authorize
the invitation of bids to reroo.f the library building. Motion
carried unanimously by those members present.
C. Councilman Anderson moved, seconded by Councilman Riggins, to
authorize the invitation to bid on drilling one (1) water well.
Motion carried.unanimously by those members present.
D. The two bids received on 2z ton chassis and cab to replace one
that burned for the Fire Department are as follows:
1. Bruner Chevrolet Co.-------------------- - - - - -- $13,733.00
2. Pollan -Blue Ford Co.----------- - - - - -- - - - - -- $14,989.00
72
After discussion, Councilman Riggins moved, seconded by Councilman
Clayton, that the bid for a new 22 ton chassis and cab for the Fire Dept.
be awarded to low bidder Bruner Chevrolet Co. at $13,733.00. Motion
carried unanimously by those members present.
E. One bid received for one (1) base station radio for the Fire
Department:
1. Peck's of Fort Worth --------------------- $3,700.00
Councilman Anderson moved, seconded by Councilman Ferguson, to
accept the bid submitted by Peck's of Fort Worth in the amount of
$3,700.00 for one (1) base station radio for the Fire Department.
Motion carried unanimously by those members present.
F. Director of Utilities Danny Johnson presented the following
bids for fittings and other supplies for the Water Department:
1. Various Water Parts:
Marrs Utility Co.--------------------- - - - - -- $2,450.89
Rohan --------------------------------------- $2,244.43
Trans Tex ----------------------------------- $2,381.15
Fittings Supply ----------------------------- $2,558.92
2. Copper:
Trans Tex ----------------------------------- $4,528.18
Marrs Utility ------------------------------- $5,453.70
Fitting Supply ------------------------------ $5,145.00
Rohan --------------------------------------- $4,989.00
Morrison Supply ----------------------------- $5,175.00
3. Various Supplies:
Trans Tex ----------------------------------- $5,007.35
Bowles Eden --------------------------------- $4,816.61
Councilman Irwin moved, seconded by Councilman Ferguson, to
award the bid for various parts to Rohan in the amount of $2,244.43.
Motion carried unanimously by those members present.
Councilman Irwin moved, seconded by Councilman Brede, to award
the bid for copper to Trans Tex for the amount of $4,528.18. Motion
carried unanimously by those members present.
Councilman Brede moved, seconded by Councilman Hammett, to award
the bid for various supplies to Bowles Eden for the amount of $4,816.61.
Motion carried unanimously by those members present.
ITEM VIII: MEMBER APPOINTED TO PLANNING AND ZONING COMMISSION - #24
Mayor Cummings, with the consent of the Council, appointed Ronnie
Sullins as a member of the Planning and Zoning Commission to fill the
vacancy created when Lee Wilson resigned.
IX: APPROVAL OF TWO RESOLUTIONS FOR FINAL YEAR P
Councilman Irwin moved, seconded by Councilman Clayton, to pass
and approve the resolution authorizing the City of Stephenville to
submit a grant application to the Texas Criminal Justice Division
for continued funding for a Juvenile Officer. Motion carried unanimously
by those members present.
Councilman Irwin moved, seconded by Councilman Brede, to pass and
approve a resolution authorizing the City of Stephenville to submit a
grant application to the Texas Criminal Justice Division for continued
funding for an ID & Records unit. Motion carried unanimously by those
members present.
ITEM X: DISCUSS'MOBIL HOME PARK APPLICATION PROCEDURES - #120
72 -A
ORDINANCE AMENDING SECTIONS 10 -18, 10 -19 AND 10 -20 OF CHAPTER 10
OF THE CODE OF ORDINANCES OF THE CITY OF STEPHENVILLE RELATING
TO HEALTH AND SANITATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE:
Section One
Section 10 -18 of Chapter 10 of the Code of Ordinances of
the City of Stephenville is hereby amended and hereafter shall
read as follows:
Sec. 10 -18. Animal pens, enclosures as nuisances.
It shall be unlawful and shall constitute a
nuisance for any person to own, keep or use any pen
or enclosure in which cattle and other animals are
kept in such a manner as to become a nuisance within
the City of Stephenville or within 5000 feet from
the city limits of the City of Stephenville.
Section Two
Section 10 -19 of Chapter 10 of the Code of Ordinances of
the City of Stephenville is hereby amended and hereafter shall
read as follows:
Sec. 10 -19. Stagnant water holes or accumulations prohibited.
It shall be unlawful and shall constitute a
nuisance for any person who shall own or occupy any
lot in the city or within 5000 feet from the city
limits of Stephenville to permit or allow holes or
places on such lot where water may accumulate and
become stagnant, or to permit or allow the accumula-
tion of stagnant water thereon, or to permit same to
remain.
Section Three
Section 10 -20 of Chapter 10 of the Code of Ordinances of
the City of Stephenville is hereby amended and hereafter shall
read as follows:
Sec. 10 -20. Carrion, filth, manure or other impure
matter prohibited.
It shall be unlawful and shall constitute a
nuisance for any person who shall own or occupy any
house, building, establishment, lot or yard within
the City of Stephenville or within 5000 feet from
the city limits of Stephenville to permit or allow
any carrion, filth, manure or other impure or unwhole-
some matter to accumulate or remain thereon.
PASSED AND APPROVED this 7th day of October, 1980.
1
Joe Cummings, Mayor
ATTEST:
yc Pemberton,
City Secretary
72 -B
FILE
RESOLUTION
A RESOLUTION AUTHORIZING THE CITY OF STEPHENVILLE
TO SUBMIT A GRANT APPLICATION TO THE TEXAS CRIMINAL
JUSTICE DIVISION FOR CONTINUED FUNDING FOR A JUVENILE
OFFICER.
WHEREAS, the Stephenville Police Department is presently
participating in a Juvenile Officer Program; and
WHEREAS, it is the opinion of the City Council that the
best interest of the citizens of the City of Stephenville will
be served by continued participation in this program;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF STEPHENVILLE, TEXAS, THAT:
The City of Stephenville desires to continue to participate
in this program. The City Council, on October 7, 1980, unanimously
voted to accept the continuation program.
The City understands that the Texas Criminal Justice Division
is providing 20% funding and the City of Stephenville is providing
80% funding for this fifth year of the program.
To indicate the City's desire to participate in this program,
a copy of this resolution will be forwarded to the Texas Criminal
Justice Division and North Central Texas Council of Governments.
PASSED this 7th day of October, 1980.
APPROVED:
May r
ATTEST:
ty ecretary
72 -C
RESOLUTION
A RESOLUTION AUTHORIZING THE CITY OF STEPHENVILLE
TO SUBMIT A GRANT APPLICATION TO THE TEXAS CRIMINAL
JUSTICE DIVISION FOR CONTINUED FUNDING FOR AN ID &
RECORDS UNIT.
WHEREAS, the Stephenville Police Department is presently
participating in an ID & Records Unit Program; aiid
WHEREAS, it is the opinion of the City Council that the
best interest of the citizens of the City of Stephenville will
be served by continued participation in this program;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF STEPHENVILLE, TEXAS, THAT:
The City of Stephenville desires to continue to participate
in this I.D. & Records Unit Program. The City Council, on October
7, 1980, unanimously voted to accept the continuation program.
The city understands that the Texas Criminal Justice Division
is providing 20% funding and the City of Stephenville is providing
80% funding for this fifth year of the program.
To indicate the City's desire to participate in this program,
a copy of this resolution will be forwarded to the Texas Criminal
Justice Division and North Central Texas Council of Governments.
PASSED this 7th day of October, 1980.
APPROVED:
ATTEST:
ity Secretary
mayor
ATTEST:
'
Councilman Brede who is reviewing and studying the city's current
Mobil Home Park Ordinance reported that he was not ready to make a
presentation at this time, but would have something ready by the next
meeting.
ITEM XI: RESOLUTION AUTHORIZING MAYOR TO SIGN STEP II APPLICATION
FOR EPA GRANT FOR SOUTHWEST SEWER OIJTFALL LINE - #127
Councilman Irwin moved, seconded by Councilman Riggins, to authorize
the Mayor to sign Step II application for EPA grant for southwest sewer
outfall line. Motion carried unanimously by those members present.
Councilman Anderson moved, seconded by Councilman Irwin, to approve
a resolution authorizing application for financial assistance for con-
struction of improvements to city's sewer system. Motion carried unan-
imously by those members present.
ITEM XIII: NEW BUSINESS (discussion only) - #166
Councilman Anderson asked why the streets all over town are torn
up? Director of Public Works R.,Y. Gann replied that the telephone
company is doing some work and they are not repairing the streets
properly before moving to the next place. That he would ask them to go
back and complete the blocks they have already completed.
Mayor Cummings adjourned this meeting and called an executive
session at 9:45 p'.m.
Mayor Cummings called the meeting to order in open session and
reported that there was no action to be taken at this time.
There being no other business to come before the Council, the
meeting adjourned.
'Mayor
ATTEST:
ae4_-� IL
Secretary
73