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HomeMy WebLinkAbout1979-05-01 - Regular City Council`47 REGULAR SESSION - TUESDAY MAY 1, 1979 - 7:00 P.M. CHAMBER OF THE CITY COUNCIL CITY HALL, CITY OF STEPHENVILLE, TEXAS The City Council of the City of Stephenville, Texas met in Regular Session Tuesday, May 1, 1979 at 7 o'clock p.m.- with Mayor Donald R. Jones present and presiding. Councilmembers Mike Leese, W, M. Irwin, Calvin A. McGee, Charles Riggins, Raymond Anderson, E. W. Ferguson, Larry Hammett, and Linda Chew were present. Others attending the meeting were City Administrator Marshall Shelton, Director of Public Works R. Y. Gann, Administrative Assistant Kurt Ackermann, Chief of Police Mike Watkins, Director of Parks & Recreation Ronnie Isham, Director of Utilities Danny Johnson, Tax Assessor Robert Groves, City Secretary Joyce Pemberton, Water Superintendent J. D. Chapman, Customer Service Cashiers Trecia Perales and Lanelle Harbin, Fire Marshall Kenneth Haley, Mr. Dave Denison, Mr. Conrad Callicoatte, Mr. Bill London, members of the press and many others. Mayor Jones called the meeting to order and asked members of the Council to read the minutes of the meetings of April 3rd and April 9th, 1979. ITEM I: APPROVAL OF THE MINUTES Councilma Irwin moved, seconded by Councilwoman Chew, that the minutes of the meetings of April 3rd and April 9th, 1979, be approved as written, Motion carried unanimously. ITEM II: THE STEPHENVILLE ' REALTORS' 'PROPOSAL FOR AN AMENDMENT TO THE ZONING ORDINANCE TABLED. The Stephenville Realtors proposal for an amendment to the Zoning Ordinance regarding the size of signs was tabled as there was no one present to make the presentation. III: DON COAN IN BEHALF 'OF'THE' SOCCER LEAGUE .Mayor Jones advised that this item had been resolved prior to the council meeting, therefore, he was deleting this item from the agenda. ITEM IV: WARNER CABLE TV REQUESTS RATE INCREASE OF 75fi PER MONTH Mr. Rick Thompson, local manager of Warner Cable TV, presented a request for a rate increase of 75G per month on each primary connection. In his presentation, Mr. Thompson advised the Council that it had been 21, years since they had requested a rate increase. He said that this request was approximately a 10% increase and he would like to come before the Council more often, at least once a year, then the percentage would not be so high at one time. Mayor Jones appointed Councilmen McGee, chairman, Anderson and Leese as a com- mittee to review and study this request by Warner Cable TV for a rate increase of 75G per month per primary connection and report back to the Council at the June regular meeting. Mayor Jones also set the June 5th meeting as the date for a public hearing on said request. ITEM V: COUNCIL DISCUSSION ON LANDFILL ROAD Mayor Jones advised the Council that he continues to receive phone calls regarding the paving of the county road to the city's sanitary landfill. He said the Council needs to make a decision as to what the city can or cannot do in regard to the landfill road. The Mayor continued that the request had been made for the city to pave the road. That idea has basically been rejected. He said he did meet with the County Commissioners trying to work out some sort of cooperative effort between all four commissioners and the city, but did not accomplish anything. He said he did advise the Commissioners that he did not think the city could legally do paving on a county road outside the city limits. �-W Mayor Jones referred back to council minutes of November 1, 1976 and July 5, 1977, in which the Council had unanimously denied any responsibility in the resurfacing of the road to the landfill. Councilman Irwin said that, primarily, the landfill road is not the city's responsibility. Therefore, if the county has a proposition they would like to make to the city, that could be acceptable to the city, that would be legal for the city to participate in, then, the city would entertain a discussion on the matter. The city does feel that the city's contractor does use the road, but the city has no obligation, financially or otherwise, to take care of a county road. So, if the situation is bad in that area, then somebody else has to come up with a plan that the city can comply with before it would be entertained by him as a councilman. He made this as a personal statement and, if the Council as a whole agrees with that statement, they may or may not, as they see fit. Councilman Anderson asked if the Commissioners had taken a stand at this time. Mayor Jones replied that in the meeting he had attended they had talked in terms of joint participation between all four Commissioners and the city, not only as to material, but as to labor and machinery. He said the consensus he got from that meeting was that the Commissioners felt that it was Mr. Reaves' precinct and it was his obligation and the city's obligation. Mayor Jones said he told the Commissioners this left the city in a stalemate situation because he did not feel that the Council was going to approve the city's doing any paving on a county road. The Mayor pointed out that materials only would amount to about $30,000 to pave from Highway 377 to the landfill gate. The Mayor said Commissioner Reaves said he had talked with the State Highway Department about the feasibility of a FM road and there was some oppositon from the people in the area to that, but that would be approximately two years off anyway. Mayor Jones said that, basically, the way the Commissioners left it was that the repair of the road to the landfill was Commissioner Reaves' problem and /or the city's problem and not theirs. He said he told them that the rationale they had used to say it wasn't their obligation was the same rationale the city had, maybe the city's was a little stronger because of a legal problem. Mayor Jones said he liked Councilman Irwin's statement as far as what the city might or might not do. He said he didn't want to close the door if there is some proposal the city might work with. His further view is that the city had not had a proposal, to this point, that they could consider. In conclusion, Mayor Jones said that, in his opinion, anyone that had a problem in regard to the landfill road needs to go to the County Commissioners for a solution to that problem. Then, if the Commissioners want to approach the Council about some kind of proposal that the city might be able to work with, the Council will look at it at that time. The Council was in unanimous agreement with the Mayor's above statement and, there being no objections, the Council left this as their final statement regarding their present position on the resurfacing of the county road to the sanitary landfill. ITEM VI: ANNEXATION AND PUBLIC HEARING OF KENNETH CURRIER'S PROPERTY Mayor Jones advised the Council that the city had received a joint petition from all the landowners concerned asking that the city annex that portion of land outside the city limits that is included in Kenneth Currier's North Dale Subdivision. Mayor Jones then opened the floor for a public hearing to hear any dis- cussion either for or against said annexation. There being no comment from the floor either for or against the annexation Councilman Anderson moved, seconded by Councilman Hammett, that the petition for annexation be accepted and that the property described in the filed notes filed with said petition be annexed into and become a part of the City of Stephen- ville. Motion carried unanimously. Mr. Currier had also filed an application for rezoning from R -1 to R -2 on the entire 18.51 acre tract which is inclusive of all the property in the North Dale Subdivision with the proviso that the plat restrictions provide for use only of duplexes. Mayor Jones advised that there are some deed restrictions presently on the property which restrict it to residential use. The view being that the people who have those restrictions on the property being agreeable to waiving the re- strictions on certain lots, but not the whole subdivision. He further stated that ususally the Council does not rezone when there are deed or plat restrictions in existence at the time, but in this particular case, there is not the same problem as no lots have been sold. The plat restrictions will restrict it to duplex or R -1 single family dwellings. Even if the R -2 zoning is granted, Mr. Currier cannot use it for that purpose unless the deed restrictions are removed. PS 49 The recommendation from the Zoning Board was to rezone the full 18.51 acre tract of the area that is within the subdivison being filed from R -1 to R -2, with the proviso that the plat restrictions contain restrictions no greater than duplexes in the R -2 District. After considerable discussion, Councilwoman Chew moved, seconded by Councilman Riggins, that the entire 18.51 acre tract of the area that is within the North Dale Subdivision be rezoned from R -1 to R -2, subject to the waiver of existing deed re- strictions. Motion carried unanimously. VII: reffi STATE OF HIGHWAYS AND Mayor Jones explained that this is an agreement for the inspection of any bridges inside the corporate limits of the City of Stephenville and, if there are any repairs - needed, the Highway Department does the repairs at no cost to the city. The only bridge involved would be the one at Frey Crossing on the College Farm Road. This one bridge is in the corporate limits but not on a state highway. The Mayor read the agreement to the Council (copy of agreement attached to and becoming a part of these minutes). After discussion Councilman Irwin moved, seconded by Councilman McGee, to accept the agreement with the State Department of Highways and Public Transportation for bridge inspections as read by the Mayor. Motion carried unanimously. ITEM VIII: COUNCIL SELECTS AN ENGINEERING FIRM Mayor Jones reminded the Council that in a previous meeting the need to select an engineering firm had been discussed. He acknowledged the presence of represent- atives of several engineering firms and asked any of them to speak to the Council if they so desired. None did. City Administrator Shelton advised the Council that he recommended the engineering firm of Graham Associates, Inc. of Arlington, Texas, which is the firm that Conrad Callicoatte is representing. Mr. Callicoatte, formerly with Hunter Associates, Inc., has been representing the city on the federal grant for the new sewer treatment plant. Mr. Shelton said he had checked with 7 or 8 cities for which Graham Associates, Inc. have been the engineering firm on the construction of new sewer treatment plants and they have been very highly recommended. Also that he had been assured that Mr. Callicoatte would be the representative working with the city on the new sewer treat- ment plant to be constructed. Mr. Shelton also advised that the Council needed to pass a Resolution voiding any previous or pending contracts that may be pending or that have been accomplished with the Environmental Protection Agency by Hunter Associates, Inc. because there is a contract pending on Step II of the grant for the new sewer treatment plant. Councilman Irwin moved, seconded by Councilman Leese, that the City Council accept the recommendation of the City Administrator and employ the engineering firm of Graham Associates, Inc. for the construction of the new sewer treatment plant the city is involved with at this time and, in conjunction with said motion, adopt a Resolution to void any present or pending contracts. The motion carriedhunanimously. Councilman Irwin added that, if at any time, the city would like to employ the engineering services of any of these firms represented here tonight that the city is at liberty to do so. ITEM IX: RESOLUTION FOR 25 HOUSING ASSISTANCE UNITS WITH HOUSING & URBAN n 11L'T /�llTTn n+m Mayor Jones reminded the Council that about a year ago the Council moved to participate in a program through HUD regarding landlords incentive to improve their rent property. City Administrator Shelton explained that HUD is offering to pay the city $3,462.00 for inspection services of Hardy Lockhart, City Building Inspector. The tennant will be required to pay 25% of their total income and the landlord will be reimbursed for repairs to his property if needed. The tennant will sign an agreement with the landlord and it will be mailed to HUD. The difference be- tween the 25% of the income and whatever the landlord charges, subject to approval by HUD, will be made up by the federal government. The city, HUD, and the landlord have to agree. After considerable discussion, Councilman Leese moved, seconded by Councilman Hammett, that the City Council adopt the Resoltuion for 25 housing assistance units with Housing & Urban Development through the Texas Department of Community Affairs - and appoint Hardy Lockhart as the inspector for this project. Motion carried unanimously. 250 ADOPTION OF ORDINANCE BANNING INTOXICATING IN THE Mayor Jones reminded the Council of the discussion in a previous meeting regarding an ordinance banning alcoholic beverages in the city recreation building and any covered pavillions. Mayor Jones read the ordinance as prepared by the City Attorney. Councilman McGee questioned the part in the ordinance prohibiting intoxi- cating beverages within 100 feet of the recreation hall and covered pavillions. He pointed out that anyone driving down Long Street or between the pavillions could be fined for having intoxicating beverages in their car. After some discussion, the Council agreed to delete the "within 100 feet" from the ordinance. Councilman Riggins moved, seconded by Councilman McGee, to pass and approve the ordinance banning intoxicating beverages in the City Recreation Hall or in any of the covered pavillions in the City Park as read by the Mayor, with the amendment to delete the "within 100 feet" from the ordinance. Motion carried unanimously. ITEM XI: CUSTOMER SERVICE DEPARTMENT REPORT BY JOYCE PEMBERTON City Secretary Joyce Pemberton presented a report on the Customer Service Department. In her report, Mrs. Pemberton presented and discussed with the Council some of the problems encountered in handling of the delinquent water accounts. After considerable discussion, it was the consensus of the Mayor and Council that some specific recommendations for solving some of the problems discussed be presented for Council consideration at the June 5th meeting. .ITEM XII: OLD BUSINESS NOT ON THE AGENDA 1. Report On Landfill Charges Councilman Irwin asked for a report on whether or not the 15% received from Mr. Bledsoe on the garbage collection is compensating the city for the amount of usage The Norton Company had. City Administrator Shelton replied that Mr. Gann had checked for one week and multiplied by 52 weeks in a year. He came up with 37C per cu. yd. Bill Bledsoe came up with 54c per cu. yd. But irregardless of which one is more nearly correct, both are below what is being discussed. Mr. Shelton czntthifed that Mr. Bledsoe acknowledged that the 34c was correct for that week, but he felt that over a'year's time the 54c would be more correct. Either way is very low for that sandpaper. In light of the new dozer, Mr. Shelton said he did not know if it was Mr. Bledsoe's deficit or Norton's or whoever. But the Council might want to think about it when they get ready to negotiate a new contract because somebody, somewhere is partly making up for that. Since the city got the new dozer, they're not making up for all of it - - the costs just keep increasing. 2. Change Of Name On North Dale Subdivision Mayor Jones advised that on the preliminary plat submitted by Kenneth Currier, the name of the subdivision was North Dale Subdivision. On the final plat and plat restrictions, the name will be changed to Dale Avenue North Addition. There being no other business to come before the Council, at 8:30 p.m. M o the meeting adjourned ATTEST: iary FILE AGREEMENT FOR THE STATE TO SURVEY, INSPECT, APPRAISE AND INVENTORY BRIDGES ON PUBLIC ROADS AND STREETS THIS AGREEMENT, made this 1st day of May , 19_19_, by and between the State Department of Highways and Public Transportation, Party of the-First Part, hereinafter called the "Department ", and City of Stephenville a local government, or governmental agency or entity, Party of the Second Part, acting by and through its City Council and by virtue of the authority shown on Exhibit attached hereto and made a part thereof. W I T N E S S E T H WHEREAS, the Party of the Second Part is owner of certain bridges on public roads and streets within its jurisdiction; and WHEREAS, Title 23, United States Code as amended by the Surface Transportation Act of 1978', requires that an inventory, inspection and appraisal be completed'of_ all highway bridges on public roads and streets; and WHEREAS, it is incumbent ,upon the Department to assure accomplish- ment of this work. A G R E E M E N T NOW, THEREFORE, in consideration of the premises and of mutual covenants and agreements of the parties hereto to be by them respec- tively kept and performed, as hereinafter set forth, it is agreed as follows: 1. The Party of the Second Part hereby grants permission to the Department or its contracted Consultant, to perform on -site surveys and inspections of bridges under its jurisdiction for the purpose of developing inventory and appraisal information and data, and further agrees to furnish available information and data concerning such bridges, to the Department. 2. All of the above described information and data shall be the property of the Department. However, such information and data will be provided to the Party of the Second'Part upon request. 0 -2- 3. Nothing herein is 'intended to change the respective respon- sibilities under the laws of this State of the parties hereto. It is expressly understood that the Department's responsibility shall be limited to the reasonably prompt conveyance of information and data described in 2 above to the Party of the Second Part. Respon- sibility for deciding upon the imposition of load restriction, clo- sure, repair or other such action, shall remain that of the Party of the Second Part. IN TESTIMONY WHEREOF, the parties hereto have caused these pre- sent to be executed in duplicate on the day above stated. PARTY OF THE FIRST PART: DISTRICT ENGINEER, STATE DEPART- MENT OF HIGHWAYS AND PUBLIC TRANSPORTATION By: District Engineer District No. PARTY OF THE SECOND PART: Name of Government, or Govern - mental Agency of Entity By: Title of Executing Official 250 -B RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH TEXAS DEPARTMENT OF COMMUNITY AFFAIRS STATE OF TEXAS j( COUNTY OF ERATH j( On the 1st day of May, 1979, at a duly called meeting of the City Council of the City of Stephenville, Texas, with a quorum for transaction of business in attendance, and upon motion made, seconded and duly passed, the following Resolution was adopted: WHEREAS the City Council of the City of Stephenville, Texas, contemplates the execution of a contract with the Texas Department of Community Affairs for an approximate maximum amount of TDCA liability of $3,462.00, and for the provision of local admini- stration of contract responsibilities associated with the state- wide housing assistance payments program operated by the Texas Department of Community Affairs and funded by the U.S. Department of Housing and Urban Development during the approximate period of May 1, 1979 to June 31, 1980, and WHEREAS it has been duly determined that the City of Stephen-, ville has the legal authority to render the afore - described con - tractual performance, therefore, BE IT RESOLVED that the City Council of the City of Stephen- ville does hereby approve and authorize the City's execution of the afore - described contract and does.hereby authorize Donald R. Jones, Mayor, to sign and execute the afore - described contract on behalf of the City so as to legally obligate and bind the City to all performances, obligations, terms, and provisions set forth therein. k n(�6a aid R. Jones o ATTEST: 3. Secretary I, Joyce Pemberton, City Secretary of the City of Stephenville, Texas, hereby certify that the above and foregoing is a true and correct copy of a resolution duly passed by the City Council of the City of Stephenville, Texas, as reflected in the minutes of said City Council. WITNESS my hand and seal of office this 2nd day of May, 1979. oy e Pemberton CITY SECRETARY CITY OF STEPHENVILLE, TEXAS f� I 1 g ORDINANCE AN ORDINANCE MAKING IT UNLAWFUL FOR ANY PERSON TO BE IN POSSESSION OF INTOXICATING BEVERAGE IN THE CITY RECREATION HALL OR IN THE COVERED PAVILLIONS IN THE CITY PARK IN THE CITY OF STEPHENVILLE, TEXAS, AND IMPOSING A PENALTY FOR VIOLATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: SECTION ONE It shall be unlawful for any person to have in his or her possession intoxicating beverage while that person is in the City Recreation Hall or in any of the covered pavillions in the City Park in Stephenville. SECTION TWO Any person who shall violate this ordinance, shall upon conviction thereof be subject to a fine of not more than $200.00. SECTION THREE This ordinance shall be in effect immediately from and after its passage and publication and it is accordingly so ordained. PASSED AND APPROVED this 1st day of May, 1979. ATTEST: Qua'e-'� ZJ4Z4�- 'ty ecretary My 250 -C I ORDINANCE AN ORDINANCE ESTABLISHING RATES FOR THE RENDITION OF COMMUNITY TELEVISION SERVICE IN THE CITY OF STEPHENVILLE, AND DECLARING AN EMERGENCY. WHEREAS, Warner Cable TV (hereinafter called the "Company ") has been granted a franchise to operate and maintain a community television service in the City of Stephenville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHEN'VILLE, TEXAS: SECTION TEN: All rates and charges exacted by the Company shall be fair, reasonable, just and uniform, and shall at all times be consistent with the Company's increased operating and capitol costs, and a schedule of new rates and charges shall be filed with the City Council and must be approved by the City Council in due process of public proceedings. The Company shall have the right to revise its schedule of charges, subject to the approval of the City Council in a due process public proceeding, which approval shall not be unreasonable withheld or delayed. The Company herein, its employees and servants, shall have the right and privilege of soliciting subscribers to the service to be furnished by the Company, and to receive from each of such sub- scribers, the sum of fifteen dollars to cover the Company's expense of connecting such subscriber to the Company's system, and the ad- ditional amount due to cover the charge made to each such subscriber for the first month's service furnished by the Company. The Com- pany shall be and is hereby authorized to charge each of the Com- pany's subscribers for the regular subscriber service to be fur- nished by the Company, the following sums each month, payable in advance: (a) $8.25 per month for one television set in building (b) $1.50 per month for the second or any additional television sets in the same household or building. (c) A charge of $7.50 shall be charged to reconnect. PASSED AND APPROVED this the 5th day of June, 1979, effective July 1, 1979. Mayor ATTEST: ty ecretary - -- AN ORDINANCE MAKING A PART OF THE CITY OF STEPHENVILLE LAND ADJACENT THERETO AND BEING 14.91 ACRES OF THE JARRETT MENEFEE SURVEY WHICH IS, DESCRIBED BELOW AND WHICH JOINS THE PRESENT CITY LIMITS OF THE CITY OF STEPHENVILLE AND WHICH ORDINANCE FULLY DESCRIBES SAID LAND. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: That certain land adjacent to the City of Stephenville and adjoining same and specifically described as follows: 14.91 acre tract of land, being part of the Jarrett Menefee Survey, Abstract No. 520 and the Wm. Motley Survey, Abstract No. 515, in Erath County, Texas, being part of Lot No. 1, of Block 10 of Green Acres Addition, a subdivision of Erath County, Texas as shown by a plat thereof recorded in Volume 414, Page 165 of the Deed Records of Erath County, Texas, part of a former 405.51 acre tract of land conveyed by Lemuel A. Brock et ux to Stephenville Land, Inc. by deed dated April 11, 1968 and recorded in Volume 423, Page 451 of the Deed Records of Erath County, Texas and part of a 14.85 acre tract of land conveyed by Stephenville Land, Inc. to Eddie Caudle and James Noland by deed dated April 11, 1973 and recorded in Volume 488, Page 413 of the Deed Records of Erath County, Texas and des- cribed as follows: Beginning in the south line of the Jarrett Menefee Survey and - the north line of the Wm. 'Motley Survey, in the present City Limits of the City of Stephenville, for a corner of this tract, from which the NE corner of the Wm. Motley Survey bears N. 590 40' E., 234.6 feet; THENCE N 310 W, 150.0 feet to the NE corner of this tract; THENCE S 59° 59' W, 343.6 feet to the NW corner of this tract; THENCE S 300 30' E, at 150.0 feet cross the south line of Lot 1 of Block 10 of said Green Acres Addition, continuing in all 2,050.2 feet to a point in the present City Limits of the City of Stephenville, for the SW corner of this tract; THENCE N 39° 45' E along said City Limits, at 26.6 feet cross the west line of the,Eddie Caudle 14.85 acre tract, in all 345.3 feet to a corner of said city, being in the west line of North Dale Avenue, for the SE corner of this tract; THENCE N 300 30' W along the west line of North Dale Ave., 1780.4 feet to the NE corner of said 14.85 acre tract, in the south line of said Lot 1, being an inner corner of said city for a corner of this tract; THENCE N 59° 40' E along said City Limits, 20.0 feet to the place of beginning and containing 14.91 acres of land, more or less;, is hereby received into the City Limits of the City of Stephenville and made 'a part of the City of Stephenville and the City Limits of the City of Stephenville are hereby extended in accordance with the lines and the description of the parcels of land hereinabove described. The above described land is hereby annexed and made apart of the City of Stephenville by virtue of petition presented to this City Council at meeting held on April 3, 1979 which petition was signed by KENNETH CURRIER, EDDIE CAUDLE, TEWANA CAUDLE and Stephenville Land Inc., acting by its President, SETH MOORE, JR. and its Secretary, DAVID F. MONTGOMERY, which petition is also duly sworn to by said persons; and their being no qualified voters living within the above described area which is annexed by this ordinance; and such petition and the facts therein stated authorizing this action hereby taken under the laws of this state and under the Charter and Ordinance of the City of Stephenville, the persons signing said petition aeall the owners of said land. The City Council, having a.quorum present at this meeting of May 1, 1979, motion was duly made and duly seconded that this ordi- nance pass, and upon vote said motion carried unanimously. This ordinance shall go into effect immediately and the above described land is hereby declared to be annexed and the same is part of the City of Stephenville as of this date of passage. PASSED AND APPROVED this 1st da T T: Secretary Cit y of May, 1979. Mayor 250 -D I ! A A I' A