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HomeMy WebLinkAbout1980-11-11 - Regular City CouncilREGULAR SESSION- TUESDAY NOVEMBER 11, 1980 - 7:00 PM CHAMBER OF THE CITY COUNCIL CITY HALL, STEPHENVILLE, TEXAS The City Council of the City of Stephenville, Texas, met in Regular Session Tuesday, November 11, 1980 at 7:00 p.m. with Mayor Joe F. Cummings present and presiding. COUNCILMEMBERS PRESENT: Mike Leese W. M. Irwin Charles Riggins Raymond Anderson E. W. Ferguson David Clayton COUNCILMEMBERS ABSENT: William G. Brede Larry Hammett OTHERS ATTENDING: City Administrator Kurt Ackermann City Secretary Joyce Pemberton City Attorney Joseph Chandler Director of Public Works R. Y. Gann Chief of Police Mike Watkins Director of Utilities Danny Johnson CityAccountant Charlene Young Water Supt. J. D. Chapman Street Supt. Clinton Hicks Conrad Callicoatte Jack Gray Mr. & Mrs. T.H. Birdsong III Ed Dowell Gerald Cook Lee Solley Joe Cude 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 Leese moved, seconded by Councilman Clayton, that the minutes of the meetingsrof October 7, 1980 and October 22, 1980, be approved as written. Motion carried unanimously by those members present. ITEM II: REPORT FROM GERALD COOK, MANAGER OF CHAMBER OF COMMERCE Mr. Gerald Cook, manager of the Chamber of Commerce, came before the Council to present his annual report of the Tourism and Development Committee of the Chamber of Commerce. Said report pertains to the Hotel- Motel Occupancy Tax revenues paid to the Chamber of CommerceTourism and Development Committee.by the City of Stephenville. Mr. Cook presented the Council with copies of 1980 Financial Report.Thru October, 1980, Hotel -Motel Occupancy Tax Receipts Comparison Report an A Chamber of Commerce Calendar o£ Events. During.his report Mr. Cook a vises ed the Council the 3_ Hote -M oteF7Occupancy Tax revenues. are kept separate from the Chamber's revenue and that any income from a.sponsored event does go back into the Tourism & Development budget. .Mr. Cook said that a "time study" was made on the secretarial time as was requested last year and the Chamber of Commerce lost 110 hours to tourism and develop- ment. Mr. Cook discussed the reports and plans for the coming year with the Council. ITEM III: CONSIDER ADOPTING.ORDINANCE INCREASING THE HOTEL - MOTEL, OCCUPANCY TAX FROM 3% to % - #320. Mayor Cummings reminded the Council that in the October 7th meeting Mrs. Connie Birdsong had requested the Council to enact an ordinance increasing the Hotel -Motel Occupancy Tax from 3% to 4% with the additional 1% going to the Cross Timbers Fine Arts Council, Inc. 1�6 Mayor Cummings advised the Council that City Attorney Chandler had prepared such an ordinance for council consideration. He said the Council should consider 1) whether or not the ordinance should be adopted and the additional 1% tax levied and 2) if it is, what would be the disposition, whether it would be specified or controlled by the Council or a specific group, such as the Fine Arts Council. Councilman Riggins moved that the ordinance be adopted Mayor Cummings said that before he called for question on this motion the Council should see if anyone had any comments regarding this ordinance. Mr. Gerald Cook, speaking for himself and the Chamber'-s executive committee, said they recommended the Council to give this ordinance very thorough.consideration. To consider the owner ramifications of the additional 1% tax. He asked the Council to take this ordinance under advisement until the next council meeting and how this money is best used and where will it return the most per dollar expended. Mrs. Connie Birdsong addressed the Council in support of this ordinance on behalf of the Cross Timbers Fine Arts Council. She advised the Council that the Arts Council would like to have the 1% additional Hotel -Motel Occupancy Tax administered through the City Council rather than through the Chamber of Commerce should the City Council decide to levy the additional tax. Councilman Leese commented that, as time was not a problem, he moved that a committee be appointed to study this item more to be sure that when it is done, how it is done, how it is administered, it will be done as it needs to be. The committee to report back to the Council so that, if the ordinance is adopted, it can be done by January 1, 1981. Councilman Anderson commented that he was not ready to vote on the adoption of said ordinance. He would like to see it in committee until the next meeting. He felt a full council was needed when a vote was taken. Councilman Riggins commented that he thought a full council was needed also. City Attorney Chandler advised that an agreement must be worked out. A contract must be made and made as part of an ordinance which can be done after the enactment of the ordinance increasing the amount of the tax. Councilman Riggins withdrew his motion to adopt the ordinance. Councilman Clayton made the second to Councilman'Leese motion. The motion carried unanimously by those members present. Mayor Cummings appointed Councilmen Anderson, chairman, Leese and Clayton as a committee to investigate some of the questions raised during this discussion. He asked the committee to consider: 1) poll the motel owners /operators to get their reaction and their input and 2) consider proper procedures for dispensing, budgeting, controlling, etc, much as is required of the Chamber of Commerce now. V: REQUEST BY MR. ED DOWELL TO PURCHASE 9' x 96' STRIP nV rT Vrvg Tn DTTM JLC nn City Attorney Joseph Chandler explained that years ago, instead of using Clyffside Drive as it was platted the public had started cutting corners, therefore, causing Clyffside Drive to curve rather than remaining a platted street. This caused part of the street to be on private property. The city paved the used portion, therefore, the street was moved from its original location. Without obtaining a survey, Mr. Ed Dowell built his home on the corner of Clyffside Drive and Clifton Street using the existing pavement to measure his front yard which resulted in a portion of Mr. Dowell's house sitting on a portion of a city street. Mr. Dowell is requesting permission to purchase the required land to get his home off a city street. After discussion, Councilman Clayton moved, seconded by Councilman Irwin, that the 9' x 96' strip of land be sold to Mr. Dowell and a committee be appointed to determine the value of said land. Motion carried unanimously by those members present. Mayor Cummings appointed Councilmen Brede, Irwin,chairman, and Ferguson as a committee to arrive at a fair and equitable price and give the Council the figure at the next council meeting. ITEM V: RECOMMENDATION FROM THE AIRPORT ADVISORY BOARD - #85 Mr. Pinky Swindle suggested that, as Charles Elliott, chairman of the Airport Advisory Board was not present, this item be tabled for the present. The Mayor and Council agreed to table this item until such time as the Board advises they are ready. ITEM VI: ORDINANCE ESTABLI OOL HALL LICENSING 7'7 City Administrator Kurt Ackermann advised the Council that the pre- sent Billiards Ordinance provides that the Council may impose a fee for the issuance of license, but does not specifiy an amount. The proposed ordinance is an amendment to the present Billiards Ordinance and does specifiy a $50.00 license fee and each table to carry an additional_!annual fee, of $10.00. Mr. Ackermann said the ordinance provides for the proposed operator to make application and provides for an investigation of said operator which, in his opinion, will help to eliminate undesireable persons operating establishments within the city. City Attorney Chandler advised that this ordinance would include private clubs with billiard and /or pool tables. After discussion, Councilman Irwin moved, seconded by Councilman Clayton, that the ordinance amending the present Billiard Ordinance and providing an annual license fee for those operating a billiard table or tables within the City of Stephenville. Boyce Gowan, operator of a pool hall in the city, addressed the Council objecting to the amount of the fees proposed. Pinky Swindle addressed the Council recommending.passage of the proposed ordinance and suggested the revenue be used for investigations and extra policing of the areas in which these businesses are located. Robert Groves raised the question of why the video machines and pinball machines were not included in this ordinance. Mayor Cummings advised these type machines would be considered later. Councilman Leese commented that he had a little trouble with the amount of the fees.. He would like to check with the Chief of Police as to how much trouble the police department has had with these businesses in the past and he felt Mr. Groves had a good question on the video machines and pinball machines. . Councilman Clayton called for question on the above motion. The motion carried by the following vote: AYES: Councilmen Irwin, Riggins, Anderson, Ferguson and Clayton NOES: None ABSTAIN: Councilman Leese ABSENT: Councilmen Brede and Hammett. ORDINANCE ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF STEPHENVILLE AND ADDING THERETO SECTION 4 -10 PROVIDING FOR ANNUAL LICENSE FEE TO BE PAID BY THOSE OPERATING A BILLIARD TABLE OR TABLES WITHIN THE CITY OF STEPHENVILLE AND BEING NEW SECTION 4 -10 AND MAKING FAILURE TO PAY FEE AN OFFENSE AND PROVIDING PENALTY THEREFOR WHICH IS SECTION 4 -11 OF SAID CHAPTER 4. ITEM VII: BID INVITATIONS REQUIRING COUNCIL ACTION - #381. 7a. Councilman Irwin moved, seconded by Councilman Riggins, that authority be given to invite bids for the purchase of a pick -up for the Water /Wastewater department. Motion carried unanimously by those members present. 7b. Director of Utilities Danny Johnson presented the following bids for the purchase of various fittings and 2500 feet of pipe: a. Trans Tex Supply---- - - - - -- ---------- - - - - -= $9,081.70 b. Fitting Supply ------------------------- - - -- $8,874.73 C. Southwest Meter Co.----------------- - - - - -- - Too high to tabulate d. Bowles Eden ------------------------------- $10,048.50 Councilman Ferguson moved, seconded by Councilman Irwin, to accept the low bid of $8,874.73 submitted by Fitting Supply Co. as recommended by Mr. Johnson. Motion carried unanimously by those members present. Director of Utilities Danny Johnson presented the following bids for the purchase of 800 feet of cast iron soil pipe: a. Morrison Supply ------------------------------ $2,108.96 b. Fitting Supply Co.--------------------- - - - - -- $2,085.44 Councilman Irwin moved, seconded by Councilman Clayton, to accept the low bid of $2,085.44 submitted by Fitting Supply Co. Motion carried unanimously by those members present. 7c. City Administrator Kurt Ackermann presented the one (1) bid re- ceived for reroofing the library. a. Lydick Roofing Co .------------------------ - - - -$8 265.00 Mr. Ackermann advised that 5 invitations to bid had been sent out, but this was the only bid received. It was the consensus of the Mayor and Council that this bid seemed a little high, but they did not know if this was a good bid or.:not: After discussion,Councilman Irwin moved, seconded by Councilman Anderson, not to accept the Lydick Roofing Co. bid and to authorize invitation for new bids with the same specifications except with the footage included in the new bids. Motion carried unanimously by those members present. ITEM VIII: COMMITTEE REPORTS - #631 8a. Committee Recommendations Regarding Prairie Wind Blvd. Councilman Leese reported that the committee recommends cutting 16 feet off the north end of the median at an estimated cost of $500.00 After discussion, Councilman Leese moved, seconded by Council- man Clayton, that the north 16 feet be cut from the median on Prairie Wind Blvd. and that the proper and necessary signs and street markings be installed. Motion carried unanimously by those members present. sale of the citv's property on Councilman Clayton reported the committee recommends this property be left as it is and not be sold at this time. After discussion, Councilman Clayton moved, seconded by Council- man Ferguson, that the city owned property on Harbin Drive between the Presbyterian Church and Lacy Funeral Home (The Old Dump Ground) be left as it is and not be sold at this time. Motion carried unanimously by those members present. ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF THE CITY OF STEPHENVILLE AND ADDING THERETO PROVIDING FOR ANNUAL LICENSE FEE TO BE PAID OPERATING A BILLIARD TABLE'OR TABLES WITHIN STEPHENVILLE AND BEING NEW SECTION 4 -10 AND TO PAY FEE AN OFFENSE AND PROVIDING PENALTY IS SECTION 4 -11 OF SAID CHAPTER 4. ORDINANCES OF SECTION 4 -10 BY THOSE THE CITY OF MAKING FAILURE THEREFOR WHICH BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: Section One 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 $ 50.00 and an additional fee of $ 10.00 for each table. This fee shall be paid on January lst of each year hereafter. This fee will be prorated on each person who goes into such operation during the calendar year on the basis of the unexpired time remaining of such calendar year. 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 -11. Penalty for Failure to Pay License Fee. Any person operating a billiard table or tables within the City of Stephenville without having paid the fee herein provided shall be guilty of a misdemeanor and upon convic- tion thereof shall be subject to a fine of not to exceed $200.00. Each day of such operation shall constitute a separate offense. Section Three This ordinance shall go into effect immediately from and after its passage and publication, and it is so ordained. PASSED AND APPROVED this 1980. ATTEST: ae.�.2 L4X� Joyce Pemberton City Secretary 11th day of November Jo4 F. Cummings, Mayor ITEM IX: CONSIDER RESOLUTION GIVING NOTICE OF INTENT TO ISSUE WATER &_SEWER REVENUE BONDS AND REVIEW RELATED MATTERS - #44 Mr. Jack Gray advised the Council that he had the Resolution ready, but the 'Bond Buyer's Index on 20 year municipal bonds was at an all time high rate of 9.64% interest now. He recommended waiting and monitoring the market and be ready to go at anytime if and when the interest rates go down., Mr. Gray said $770,000 would be the city's share for the sewer treatment plant. The Texas Water Resources Board has indicated they would consider a loan of $500,000 at 5!6% interest provided the city would go to the public market for the remaining $220,000. The water wells and collection lines would require $410,000 for a total of $630,000 needed. Mr. Gray recommended selling the bonds as needed. ITEM X: PROPOSED WATER AND SEWER RATES - #401 Mr. Conrad Callicoatte advised that an- increase in water and sewer rates was necessary to obtain low interest financing from the Texas Water Resources Commission for the water and sewer improvements. Director of Utilities Danny Johnson and City Administrator Kurt Ackermann recommended the following rates: WATER RATES: 0- 3,000 gallons $3.30 minimum charge Next 22,000 gallons $0.75 per 1,000 gallons All over 25,000 gal.$0.95 per 1,000 gallons After discussion, Councilman Irwin moved, seconded by Councilman Leese, that the proposed water rates be adopted as presented to become effective with the December 15, 1980, billing (collectable January 1, 1981.) SEWER RATES: Mr. Johnson advised that the EPA have established guidelines on how the sewer rates should be structured. The sewer rates will be divided into 3 catagories (industrial /commercial - -- Apartments_- - rresidential). A. 'Residential: Volume measurement will be based upon monthly water consumption times a flow factor of 0.90 with a minimum monthly usage of 4,000 gallons and a maximum monthly usage of 15,000 gallons. Irrigation usage will be recognized during the billing months of May through October by establishing as the upper volume usage the second highest water consumption experienced during the billing months of November through April. 0 -4,000 gallons ---------------------- $3.00 all over 4,000 gallons up to 15,000 $0.15 per 1,000 gallons B. Apartments: Each month's sewer bill will vary, depending on amount of water customer uses.with a minimum charge of $3.00. Volume measurements will be based upon monthly water consumption times a return flow factor of 80% This schedule will include Mobil Home Parks and Duplexes on one (1) meter. C. 'Industrial /Commercial: Each month's sewer bill will vary, depending on amount of water customer uses with a minimum charge of $3.80. Volume measurements will be based upon monthly water consumption times a return factor of 80 %. Minimum monthly usage will be 4,000 gallons. This schedule will include schools, universities, county building, office buildings, stations and cafes. i After discussion, Councilman Clayton moved, seconded by Council- man Riggins, to adopt the new sewer rates as listed above to be ef- fective with the December 15, 1980 billing (collectable January 1, 1981). Motion carried unanimously by those members present. ITEM XI: NEW BUSINESS (discussion only) ,;. 10a. Disannexation reouest from Jack Kell City Administrator Kurt Ackermann advised that Jack Kelly had met with the Planning & Zoning Commission on November 6, 1980, regarding the disannexation of 4 lots he had purchased as part of a 10 acre plot of land from Eddie Caudle. Said property was brought into the city with the Dale Avenue North Addition as requested by Mr. Currier and Mr. Caudle. The Planning & Zoning Commission rejected his request and advised him he could appeal their action to the City Council. At this time no one has filed an appeal. There being no other business to come before the Council, the meeting adjourned at 9:50 p.m. ATTEST: it Secretary Mayor