Loading...
HomeMy WebLinkAbout1978-09-11 - Regular City CouncilEm- REGULAR SESSION - TUESDAY SEPTEMBER 11, 1978 - 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 Monday, September 11, 1978 at 7:00 p.m. with Mayor Donald R. Jones present and presiding. Councilmembers Mike Leese, W. M. Irwin, Raymond Anderson, E. W. Ferguson and Linda Chew were present. Council- men Calvin McGee, Charles Riggins, and Larry Hammett were absent. Others attending the meeting were City Administrator Marshall Shelton, Administrative Assistant Kurt Ackermann, Assistant City Attorney Randy Chandler, Director of Public Works R. Y. Gann, Chief of Police Mike Watkins, Fire Marshall Kenneth Haley, Director of Parks & Recreation Ronnie Isham, Director of Utilities Danny Johnson, Tax Assessor - Collector Robert Groves, Mrs. Gertrude Parnell, Mr. Don Coan, Mr. Boyce Gowan, Mr. Jerry Goad, Mr. Dave Montgomery, Mr. J. P. Hedrick, Chairman of the Zoning Board Dean Cox, members of the press and others. Mayor Jones called the meeting to order. ITEM I: APPROVAL OF THE MINUTES Councilman Irwin moved, seconded by Councilman Ferguson, that the minutes of the August lst, August 29th and August 30th, 1978, council meetings be approved as written. Motion carried by the unanimous vote of those members present. 'S REOUEST FOR A Mayor Jones explained that Mr. Boyce Gowan, throught his attorney Don Coan, had submitted a formal application for a taxicab license, along with a check in the amount of $25.00 as payment of the license fee. The application states that Mr. Gowan has met''all state and city requirements for the operation of a taxicab, with the exception of the six (6) months residency required by city ordinance. Mr. Don Coan came before the Council in behalf of Mr. Gowan re- questing that the Council waive the six (6) month residency require- ment as Mr. Gowan has been a registered voter in Erath County since 1976 and presently resides in Erath County but not within the city limits. Mayor Jones said that, in his opinion, this would be a question of whether or not the Council can legally waive a requirement in a city ordinance. Mr. Coan stated that, in his opinion, if this requirement were construed to be mandatory, it would require an amendment to the ord- inance, otherwise, the Council could legally waive an ordinance re- quirement. Assistant City Attorney Chandler advised that, in his opinion, the Council cannot legally waive an ordinance requirement and action of this type would require an amendment to the ordinance. Mr. Jerry Goad, owner of the present taxicab operation, came before the Council expressing his opposition to the granting of a taxi- cab license to Mr. Gowan. Mr. Goad said his main reason for opposing this license was that after 18 months of operation he did not think there was sufficient business to support two taxi systems and neither one would be able to survive for very long. After more discussion, Councilman Irwin moved, seconded by Council- man Anderson, that the City Council defer action on said request and check further on the legality of whether or not the Council can waive and ordinance requirement. Mayor Jones advised Mr. Coan that, if the Council votes to defer action on this request, he wanted to determine (1) if the Council can legally waive an ordinance provision opposed to amending the ordinance, If they can, he will immediately call a Special Session and take action. (2) If they can't, then, he would like to determine if the Council wants to amend the ordinance which would take approximately 30 days. Mayor Jones then called for question on the above motion. The motion carried by the unanimous vote of those members present. Mayor Jones appointed a committee consisting of Councilmembers Mike Leese, chairman, Raymond Anderson and Linda Chew to work with Assistant City Attorney Chandler to develop a legal opinion as to what can be done and when they have determined a solution he will call a Special Session for the Council to take action. FOR THE RECORD: Let these minutes reflect that Mr. Don Coan has, as of this date, filed a formal application for a license to operate a taxi service, along with a check for $25.00 covering the license fee in behalf of Mr. Boyce Gowan. ITEM III: CONSIDERATION OF THE SALE OF THE CITY i AIRPORT OPERATION Mayor Jones explained that Mr. Cecil Davis was requesting Council approval to negotiate the possible sale of the city aiport operation to Mr. Larry Pittman with the understanding that it would be approved if the negotiations were successful. It was the consensus of the Mayor and Council that the City Admin- istrator should investigate to determine if Mr. Pittman was duly qualified to operate the airport successfully. After some discussion, Councilman Irwin moved, seconded by Council- man Leese, that the City Council approve the request of Mr. Cecil Davis to sell the airport operation to Mr. Larry Pittman, subject to the in- vistigation of Mr. Pittman by the City Administrator proving satisfactory. The motion carried by the unanimous vote of those members present. ITEM IV: ZONING BOARD RECOMMENDATIONS The Council considered the following recommendations of the Zoning Board: 1. The Zoning Board had unanimously recommended that Mrs. W. S. Terry's request for the rezoning of Lot 8E, Block 139, City Addition, from R -1 to R -2 be denied. Mayor Jones said that an appeal from Mrs. Terry has not been filed. It was the consensus of the Mayor and Council that no action was needed at this time and no action was taken. 2. The Zoning Board had taken no action regarding the request of Mr. Lee McMichael for a permit for an 18' X 30' addition to his laundry at 563 Clinton which is operating on a nonconforming permit in a R -2 district. It was the consensus of the Zoning Board that they did not have the jurisdiction nor the authority to grant Mr. McMichaels's request as it is in direct violation of the zoning ordinance. The Zoning Board had advised Mr. McMichael that he could and /or should appeal to the City Council for a ruling. Mayor Jones said it was his understanding that Mr. McMichael has since purchased the Hazelwood Laundry at 645 McCart St. which is properly zoned for a laundry, therefore, no council action is needed and no action was taken. Mr. J. P. Hedrick came before the Council to register his opposition to Mr. McMichael's laundry being located at its present location. Also Mr. Hedrick asked that Mr. McMichael be given a limited time to close his laundry at its,present location. Mayor Jones suggested that the City Administrator write Mr. McMichael a letter giving him 30 to 45 days to relocate his laundry. FM 3. The Zoning Board had, by a 3 to 2 vote, denied Mrs. Gertrude Parnell's request to place a Mobile Home on her lot at 720 Walnut St. which is presently zoned R -2. Mayor Jones explained that his same request had come before the Council back in July and the Council had upheld the recom- mendation of the Zoning.Board. Mrs. Parnell came before the Council to explain her request to the Council. Mrs. Parnell said she lived alone and would like to move a mobile home to the vacant lot behind her home for her granddaughter to live in. She said this would be a great advantage to her and also economical for her granddaughter and she feels there would be no harm done to the surrounding area. Mayor Jones explained that the only problem the Zoning Board had with Mrs. Parnell's request was that the Zoning Ordinance does not permit a mobile home in a R -2 district. Chairman of the Zoning Board Dean Cox, explaining the Zoning Board's position regarding Mrs. Parnell's request. He said Mrs. Parnell did have the written consent of all property owners within 200 feet. There are no objections by any of the neighbors. Also that some members of the Zoning Board did not feel that a mobile home would be detrimental to this area but the Zoning Ordinance does not permit a mobile home in an R -2 district, therefore, the Zoning Board could not get a favorable vote to grant Mrs. Parnell's request. He said the Zoning Board had gone as far as they could and felt that it should be up to the City Council to act as a Board of Adjustment. Mayor Jones advised that he felt that all members of the Zoning Board did not object to a mobile home on said lot, but it is a direct violation of the Zoning Ordinance and, in his opinion, it is _a question of whether or not the Council can legally grant a variation from an existing zoning. Also, if the Council chooses to grant this request, it would have to be on the basis of permitted variation under the statutes. After more discussion, Councilman Irwin moved, seconded by Councilwoman Chew, that the City Council grant permission for a mobile home to be placed on the vacant lot at 720 Walnut St. as long as the property is owned by Mrs. Gertrude Parnelll and her granddaughter is the resident of said mobile home. Any changes that might occur shall be brought before the Council for approval. The motion carried by the unanimous vote of those members present. V: GARY 'S REQUEST TO LEASE HELICOPTER SPACE Mr. Gary Paul had filed a request to lease 1600 sq. ft. (40' X 40') at the airport for use as a helicopter hangar or pad. Councilman Irwin suggested that the City Administrator check with the airport official to work out the details of where said hangar would be located and any other details that need to be specified and get a letter from said official stating such. After more discussion, as to the length of the contract and the amount of money to be charged, Councilman Anderson moved that the administrative arrangements be made between Mr. Shelton and Mr. Davis as to the location and, assuming those matters are worked out administratively, authorize entry into a lease agreement with Mr. Gary Paul to lease 1600 sq.ft. (40' X 40') of land at the city airport for a five (5) year period at $10.00 er month with the option to renew at a renegotiated price. The motion to include authorization for the Mayor to sign said lease agree- ment on behalf of the city in the event said lease is consumated. Councilman Irwin made the second. Motion carried by the unanimous vote of those members present. 19 ITEM VI: REPORT ON STATUS OF DELINQUENT TAXES Assistant City Attorney Randy Chandler reported that he was pre- paring to file suits for delinquent taxes on any unpaid taxes, on real property only, prior to 1977. He daid he hoped to have approximately 50 suits ready by October 1, 1978. He said letters had been mailed and he did get a good response but, the suits he is planning to file are for the ones that have made no response whatsoever to notices, letters, etc. Mr..Chandler said that when he is ready to act on the personal property delinquent taxes, he would bring it to the Council first. No Council action needed or taken. ITEM VII: RES GRANT AND I D RECORDS GRANT Mayor Jones read the Resolution for the Traffic Sign Replacement Program: - Councilman Leese moved, seconded by Councilman Ferguson, that said Resolution be passed and adopted as read for the Traffic Sign Replacement Program. Motion carried by the unanimous vote of those members present. RESOLUTION WHEREAS, it is the desire of the City of Stephenville to participate in the Traffic Sign Replacement Program with the Office of Traffic Safety; WHEREAS, the City of Stephenville agrees to abide by the Texas Uniform Manual on Traffic Control Devices; WHEREAS, the City of Stephenville will maintain, replace, or repair any traffic signs obtained under the project when necessary; WHEREAS, it would be in the best interest of the City of Stephenville to appoint Chief of Police, M. E. Watkins Project Director and it would be in the best interest that Marshall L. Shelton be appointed Authorized Repre- sentative of the City of Stephenville; THEREFORE, be it hereby resolved that the City Council of the City of Stephenville authorizes and directs Marshall L. Shelton to make the necessary Contract Application to enter into and participate in the Traffic Sign Replacement Program — with the Office of Traffic Safety and that M. E. Watkins, Chief of Police, be appointed Project Director and Marshall L. Shelton be appointed Authorized Representative. PASSED AND APPROVED THIS 29th DAY ATTEST: i y ecretary OF AUGUST, 1978. Mayo Chief of Police Mike Watkins 'explained that he was also requesting approval of continued participation by the city in the Juvenile Officer and the ID Records Unit grant. This will be the third year funding of the five year grant and is 50/50 for this year. Councilman Anderson made the motion, seconded by Councilman Leese, that the City Council of the City of Stephenville approve the continued —; participation in the third year funding of the Juvenile Officer and ID Records grant from the Texas Criminal Justice Division.`. Motion carried by the unanimous vote of those members present. 292 ITEM VIII: THE APPOINTMENT OF NEW MEMBERS TO THE ELECTRICAL BOARD. PLUMBING BOARD AND BUILDING BOARD Mayor Jones advised the Council of the need to reappoint members to the Electrical, Plumbing and Building Boards. He then read the names of the present members of the respective boards and made the recommendation that these persons be reappointed to their respective boards, with the exception that Mr. Dan Turner, Jr. be appointed to the Electrical Board to replace Mr. Eddy Anderson who is moving out of town. Mayor Jones asked for any other nominations from the Council or the floor. There being no other nominations, Councilman Anderson moved,seconded by Councilman Irwin, that the members of the respective boards be re- appointed as recommended and read by the Mayor. Motion carried by a unanimous vote of those members present. ELECTRICAL BOARD Jim Bostic Jerry Singleton Bill Cogburn Mike.Walker Dan Turner, Jr. PLUMBING BOARD Windle Graham Roy Hammett Thurman Cashon J. W. Beck Bob Howell BUILDING BOARD: Ralph Kemp Vernon Gunn Eddie Caudle Velon Reese Kenneth Currier (replacing Eddy Anderson) ITEM IX: BANK DEPOSITORY BID-AWARDED FOR THE RECORD: Mayor Jones asked that these minutes reflect that the bids received from the Farmers First National Bank and The Stephenville Bank and Trust Company for the bank depository were and are sealed at this time. Mayor Jones opened and read the bid from the Stephenville Bank and Trust Company first, then the bid from Farmers First National Bank.(Bids attached to and becoming a part of these minutes.) Mayor Jones explained that the bids were identical except for the interest rate charged per annum on money loaned to the City. Councilman Anderson moved, seconded by Councilman Irwin, that the City Council accept the depository bid submitted by the Stephenville Bank and Trust Company for the fiscal year 1978 -1979. The motion carried by the unanimous vote of those members present. ITEM X: ACCEPTANCE OF THE RIVER NORTH SUBDIVISION, PHASE I Director of Public Works Gann advised the Mayor and Council that the streets and utilities had been installed according to specifications in the River North Subdivision, Phase I and were ready for acceptance and that he had the "AS BUILT PLANS" as required. Mr. Shelton advised that the maintenance bonds were filed and would go into effect when the city accepted this phase of the subdivision. Councilman Irwin moved, seconded by Councilman Leese, that the River North Subdivision, Phase I, As Built Plans be accepted as recommended by Mr. Gann and Mr. Shelton. Motion carried by the unanimous vote of those members present. 193 ITEM XI: DISCUSSION OF WATER Mayor Jones explained that, due to low water pressure, the Texas A & M Agriculture Research & Experiment Station on Highway 281 North, has requested that the city extend a larger water line to the Northeast Loop. Mayor Jones said a 12" water line extension was one of the items - listed on a priorities list submitted by Mr. Gann in June of this year. This item was number 10 on said list at an approximate cost of $40,000. The reason this item had such a low priority rating was because of the relatively small number of people in this area and there was not anti- cipated additional development in this area. Mr. Gann also stated that when Texas A & M had started their re- search building on Highway 281, they had agreed to the small line and meter and, if it was not sufficient, would build a storage tank and put it under pressure until the city could get the 12" line ex- tended and /or whichever came first. Now that they have found said line and meter to be insufficient, they want the city to extend a larger line op used to their building a storage tank at an approx imate cost of $20,000. Also when the city does get the 12" line extended to the Northeast Loop, the storage tank would not be needed. The Council discussed the fact that this is a low priority item and there are other items needed more as they would serve more people and whether or not the Council would want to move this project up on the priority list. Councilman Irwin suggested that possibly Texas A & M would consider applying the $20,000 they would expend on a storage tank to the extension of the 12" water line. After more discussion, it was the consensus of the Mayor and Council to approach the Texas A & M officials on the basis that they apply the $20,000 they would expend for a storage tank to the city's installation of a 12" water line as provided in the Master Plan and, if they do not want to do this, then it will be a question of whether or not the Council wants to move this item further up on the priority list. Mr. Shelton suggested trying a 2" water meter for the A & M building to see if that would bring more pressure to their building. If it worked the city would be that much ahead. Mayor Jones said this had been discussed and, if a 2" meter was in- stalled, it would be with the understanding that if there were complaints of low pressure from other residents it would be put back as it is now and next summer would be the telling point. -- ITEM XII: STREET NAMES IN THE CITY PARK ADOPTED Director of Parks & Recreation Ronnie Isham came before the Council - with the recommendation that the streets and roads in the city park be named as per the map which had been distributed to the council earlier. He said the reason for this recommendation was for the disignation and /or identification purposes both for the Park Department and the Police De- partment. Mr. Isham said he estimated the cost at $450.00 (15 signs @ $30.00 per sign) and this is not a budgeted item. After more discussion, Councilman Anderson moved, seconded by Councilman Leese, to adopt an ordinance naming the streets in the city park. Motion carried by the unanimous vote of those members present. (Map attached to and becoming a part of these minutes). ORDINANCE AN ORDINANCE DESIGNATING THOROUGHFARES IN THE CITY PARK OF THE CITY OF STEPHENVILLE AS PUBLIC STREETS AND NAMING SUCH STREETS ALL IN ACCORDANCE WITH THE MAP AND PLAT HERETO ATTACHED AND WHICH IS HEREBY ADOPTED FOR THE PURPOSE OF SHOWING SUCH STREETS AND THEIR NAMES WITHIN THE CITY PARK OF THE CITY OF STEPHENVILLE. HO ITEM XIV: BIDS T A Director of Utilities Danny Johnson presented the following bids to the Council for approval: 1. Rohan Company 10 - 4" main line water meters --------------------------- $4,150. 2. Briggs - Weaver Company 1 - #902 Combustible Gas 02 Monitor with alarms & pump - -- $1,085. 3. Fitting Supply Company 1200 - 4" X 5' S.H., S.W., C.I. Soil Pipe w /gaskets ------ $2,236.76 Mr. Johnson advised the Council these were budgeted items and were all the low bids received for each item with the exception of the gas monitor from Briggs- Weaver which was the next lowest bid. Mr. Johnson recommended the Briggs - Weaver bid rather than the low bid of Enmet because he felt it was a better monitor and the parts and service in the future would more than compensate for the higher price. Councilman Irwin moved, seconded by Councilman Anderson, to accept the bids listed above as recommended by Mr. Johnson. The motion carried by the unanimous vote of those members present. ITEM XV: EDUCATIONAL INCENTIVE BONUSES Mayor Jones asked that the councilmembers take their copies of the Educational Incentive Bonus Program home to study as it will be on the next month's agenda for discussion and possible adoption. ITEM XVI Tax Assessor Robert Groves advised the Mayor and Council that he had hoped to have the tax roll ready for council approval at this meeting, but due to billing difficulties with the new billing system he did not have it ready. He said if there is a called meeting he would have them ready for council approval at that time. ITEM XVII Mayor Jones read a "Thank You" note from Councilman Chew to the Mayor and Council for the flowers she had received while she was in the hospital. There being no other business to come before the Council, Mayor Jones adjourned the meeting at 8:45 p.m. AN ORDINANCE DESIGNATING THOROUGHFARES IN THE CITY PARK OF THE CITY OF STEPHENVILLE AS PUBLIC STREETS AND NAMING SUCH STREETS ALL IN ACCORDANCE WITH THE MAP AND PLAT HERETO ATTACHED AND WHICH IS HEREBY ADOPTED FOR THE.PURPOSE OF SHOWING SUCH STREETS AND THEIR NAMES WITHIN THE CITY PARK OF THE CITY OF STEPHENVILLE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: Section One There being thoroughfares within the City Park of the City of Stephenville which are used by the general public and which ways are clearly defined but which are not designated by street names, there is a necessity that such thoroughfares be designated as streets and dedicated for street purposes, such public ways are hereby designated and declared to be public streets of the City of Stephenville. Section Two A map and plat showing such streets as they are within the City Park of Stephenville and such plat also shows the names of these streets and such plat is hereby adopted and the streets as shown thereon shall henceforth be streets of the City of Stephenville bearing the names as shown on such plat. Section Three In view of the fact that this ordinance is necessary for the control of traffic within the City Park and is necessary for the preservation of property and is for the safety and general welfare of the City of Stephenville and its citizens, this ordinance shall be in full force and effect immediately from and after its passage. PASSED AND APPROVED this 11th ST: ty Aecretary day of September, 1978. ayor 1.94 -A O'i �I L.. f WEST LoNC3 Edm 194 -C I � W ooL � It de OP'n M 15T PA2K W PAVILION DRIVE `(oJiti p 1• N J�/1 , EIY?LE � � O L I.EA�j�E h PLAyejeOIJrJD P>A6E VdfT w 0 -1-aKw. I h Plc IJICr AgEA 4 z Y a co Yo I GAMPE25 I i 7 Q N O QPT'�M15T j FIELD 0 PARK. Ni�CI:E5ILY Plc IJICr AgEA 4 z Y a co Yo I GAMPE25 I i 10 r.4 t14 10 16