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HomeMy WebLinkAbout1978-11-14 - Regular City CouncilREGULAR SESSION - TUESDAY NOVEMBER 14, 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 Tuesday, November 14, 1978 at 7:00 p.m. with Mayor Donald R. Jones present and presiding. Councilmembers Mike Leese, Calvin A. McGee, Charles Riggins, Raymond Anderson, E. W. Ferguson, and Linda Chew were present. Councilmen W. M. Irwin and Larry Hammett were absent. Others attending the meeting were City Administrator Marshall Shelton, Administrative Assistant Kurt Ackermann, Director of Public Works R. Y. Gann, Chief of Police Mike Watkins, Director of Utilities Danny Johnson, Water Sutp. J. D. Chapman, Mr. J. W. Beck, Mrs. Virginia Dorris, Mrs. Helen Martin, members of the press, and City Secretary Joyce Pemberton. Mayor Jones called the meeting to order and asked the members of the Council to read their copies of the minutes. - ITEM 1: APPROVAL OF THE MINUTES Councilman McGee moved, seconded by Councilman Riggins, that the min- utes of the meeting of October 3, 1978, be approved as written. Motion carried unanimously by those members present. ITEM 2: MR. J. W. BECK PRESENTS REQUEST FOR RATE INCREASE FOR Mr. J. W. Beck, local manager of Lone Star Gas Company, presented a request for a rate increase which would include residential and commercial customers. (A copy of the rate increase application is on file in the office of the City Secretary). Said application was filed with the City Administrator October 31st, 1978 and carried an effective date of December 6th, 1978. In closing his presentation, Mr. Beck advised the Council that the increase requested would be a 9.21% increase and would allow Lone Star Gas Company to make 7.74% on their rate of return. After some discussion, Mayor Jones appointed Councilmen W. M. Irwin, chairman, Calvin McGee, and Charles Riggins as a committee to study this request and report back to the Council at a later date. Councilman Riggins moved, seconded by Councilman Leese, that the City Council extend the effective date for a period of 120 days from either the filing date of October 31st or the effective date of December 6th, whichever date the city is allowed by law. Within that time a date will be set for a public hearing and the Council will consider the re- commendations from the committee. The motion carried unanimously by those members present. ITEM 3: REPORT BY VIRGINIA DORRIS ON ZONING SEMINAR. Mrs. Virginia Dorris reported that she, Mrs. Helen Martin, Building Inspector Hardy Lockhart and City Secretary Joyce Pemberton had attended a two day Planning & Zoning Seminar in Fort Worth which had been very informative and helpful. In her report, ,Mrs' ' Dorris stated that after attending seminars for the past two years, she was very concerned with the legality of some of the decisions of the Zoning Board, if someone should decide to challenge them. Some of these decisions could cause everyone concerned some un- pleasant moments before they were resolved. Mrs. Dorris said that the Zoning Commission should state at the be- ginning of each meeting what capacity they are acting under, either as a Zoning Commission who recommends to the City Council or as a Board of Adjustment from which a person must appeal to a Court of Record. (Which they are not doing at the present time). Mrs. Dorris also advised the Council that one member of the Zoning Commission had resigned because she felt that if the Zoning Ordinance was not going to be studied and followed by the Zoning Commission and the City Council that her time could be better spent elsewhere. 02 Mrs. Dorris told the Council that it was their responsibility to see that the commissioners they appoint are well prepared for their respective jobs and zoning is one area they need to look at. In closing her report, Mrs. Dorris quoted from a letter she had written to the Council last year after attending a zoning seminar as follows " "That you as the City Council members are in complete command of this business of operating the city and I hope that I can once again revitalize your commitment and your responsibilities to the citizens and ourselves also." Mayor Jones expressed his appreciation, as well as that of the Council, to Mrs. Dorris for her interest and dedication to her responsi- bilities as a member of the Zoning and Planning Commissions. Mayor Jones also explained that some steps are being taken at the present time to solve some of the problems Mrs. Dorris spoke of. That the City Secretary, the City Administrator and the Building Inspector are in the process of revising the Zoning Ordinance, using the Community Planning Manual Series from COG, the Board of Adjustment Guidelines and any input they may have. He said that when this revision was finished he thought the city would have a much learer ordinance than what we presently have. Also when the revision is finished he will abolish the present Zoning and Planning Commissions and reappoint a Planning and Zoning Commission and a separate Board of Adjustment. ITEM 4: AUTHORITY TO INVITE BIDS. Councilman Anderson moved, seconded by Councilman Ferguson, that the authority to invite bids on the following items be granted. The motion carried unanimously by those members present. 1. Station Wagon for the Fire Dept. - ($7,000 budgeted). 2. Dump Truck for Water Dept. - ($11,200 budgeted). 3. Small Used Pickup for Police Dept. ($2,400 budgeted) ITEM 5: BIDS AWARDED ON A D -7 DOZER FOR THE LANDFILL AND 830 The following bid was received from Darr Equipment Company of Dallas, Texas for one new D -7E Dozer: 1 - D -7E Dozer, F.O.B. Factory Less Trade -in w/ ripper-------------------------- - - -- -- 32,145 F.O.B. Stephenville----------------------------- - -- - -- T 90,500 OPTION 1: 1 - D -7G Tractor & Bulldozer w /ri er--------------------- Less Trade -in without ripper -pP------------------ ----- $114'377 PlusBU- typehBladele----- ---------------------- - - - - -- 26,1251!I Darr Equipment Co. also offered to repurchase the above machine from the City of Stephenville after three (3) years or 3600 hours of use (which- ever come first) for $79,000. After quite a bit of discussion, Councilman Anderson moved, seconded by Councilman McGee, that the City Council authorize the purchase of a D -7 Dozer from Darr Equipment Company of Dallas, Texas, at the bid price of $89,502 which would be with the city's trade -in„ retaining the city's ripper and buying a U- shaped blade, with a proviso that, if the Director Public Works could find a purchaser for the city's old D -7 Dozer, within the time limit, that would pay in excess of $26,000, with the city re- taining the ripper, that the city would sell the old dozer and buy a new dozer from Darr Equipment Company at the bid price of $114,377 plus $1,125 for a U- shaped blade. The motion carried unanimously by those members' present. The Council considered the following bids for the purchase of 830' water meters, most of which are for the water department's change -out program and part are to compensate for some growth the city is presently ,experiencing. 1. Badger Meter Company ---------------------------- $27,118.74 2. Rockwell International -------------------------- $26,658.00 After some discussion, Councilman McGee moved, seconded by Council- woman Chew, that the City Council accept the low bid of $26,658 submitted by Rockwell International for the purchase of 830 water meters. Motion carried unanimously by those members present. ZU3 6: DISCUSSION OF EDUCATIONAL INCENTIVE PLAN FOR CITY F.MPT.nYRFR Administrative Assistant Kurt Ackermann explained that, as had been discussed in a previous meeting, what the city is attempting to do is set up a fringe benefit type situation to provide a monetary incentive to the city employees to undertake educational and training programs which will enhance the performance of their duties in their respective departments. The city proposes to set a monetary amount for the various certificates of the various departments. Said monetary compensation to be accrued over a 12 month period and paid at the end of each fiscal year (September 30th). The city has also set up a Certification Equivalency Program based on a 100 point system for those departments that do not have a state certi- fication program. Councilman McGee asked whether or not this program included some kind of provision so that everyone that is employed by the city will have an opportunity to participate in this program. Mr. Ackermann said yes he felt there was something provided for every- one. For example, someone working in the Street Department could attend a course offered by Texas A & M Extension Service on heavy equipment maint- enance to obtain points toward his total 100 points of the Certification Equivalency Program. The employee and the Department Heads will have to work together in finding courses for the employee to attend that are di- rectly job related. Mr. Ackermann said that "work performance" should be rewarded in the employee's classification and through merit raises and not through the Educational Incentive Plan. Mr. Gann spoke to the Council in behalf of the employees that do not have any type of state certification programs, but have been employed by the city and do a very good job. Mr. Gann said some of these employees have not been given the opportunity to go to any training programs, but they know their jobs and their work performance is above average. He said he thought some type of consideration should be given to these employees rather than tell them they will have to go to school for three.or four years before they will get any increase in salary as some of them will be retired before they can get any type training other than the experience they now have. Mr. Gann did not have an alternative plan, but said he would certainly like to see something worked out concerning the employees that do not have a state certification program. After much discussion, it was the consensus of the Mayor and Council that the concept of this program is real good. Mayor Jones suggested that Mr. Shelton and Mr. Ackermann get all the input from the Department Heads other cities and the Texas Municipal League as to what other cities are doing and how they are providing for programs such as this so that all the Department Heads are satisfied that the program will benefit those that exert incentive over and above what their job requirements are. When all Department Heads are satisfied that whatever method is decided benefits their people that don't have the same opportunities, then get that method down in writing and go from there. Mr. Ackermann said that Mr. Shelton had asked the Department Heads that have problems with this method or plan to submit some proposals along that line. If they have a problem with this plan, to submit an alternative plan. Mayor Jones said the Department Heads need to consider the situation of how this program will affect their people. No action was taken at this time. Mayor Jones advised that when the plan has been studied and is satisfactory to all, to resubmit it for Council approval. ITEM 7: AMENDMENT OF THE TAXICAB ORDINANCE. After Mayor Jones read the amendment to the Taxicab Ordinance, Council- man Anderson moved, seconded by Councilman Riggins, that the ordinance amending the residency requirements from a six months city residency to a six months county residency and providing a penalty for violation of said Taxicab Ordinance be passed and adopted, after publication as provided in the City Charter, as read. Motion carried unanimously by those members present. ORDINANCE ORDINANCE AMENDING SECTION 18 -23 OF THE CODE OF ORDINANCES OF THE CITY OF STEPHENVILLE CHANGING THE RESIDENCE REQUIREMENT TO ERATH COUNTY AND ADDING SECTION 18 -42 SPECIFICALLY PROVIDING A PENALTY FOR VIOLATION OF ANY OF THE PROVISIONS OF ARTICLE II OF CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY.OF STEPHENVILLE. . RM ITEM 8: APPOINTMENT OF BOARD OF EQUALIZATION. Councilman McGee moved, seconded by Councilman Leese, that Mrs. Lillian Crow, Mr. Paul Cunyus, and Mr. Jeromy Curtoys be appointed as the Board of Equalization for the 1979 and that the first meeting be on or before June 1, 1979. The motion carried unanimously by those members present. ITEM 9: AUTHORITY GRANTED TO BORROW $250,000. Mr. Shelton explained that he would like to borrow $250,000 for the city at 7% interest and put it into Certificates of Deposit to draw 9.12% interest. The interest to be applied to the Water Im- provement Fund. After some discussion, Councilman Anderson moved, seconded by Councilman McGee, that Mr. Shelton be given the authority to borrow $250,000 at 7% interest until September 30, 1979, and said money deposited to draw 9.12% interest and said interest of approximately $4,000 be applied to the Water Improvement Fund as requested. Motion carried unanimously by those members present. ITEM 10: INCREASE OF LANDFILL CHARGES DELETED FROM AGENDA. Mayor Jones reminded the Council that an increase in the landfill charges for the City of Dublin and Tarleton State University had been discussed at a previous meeting and it was decided to see what a new dozer would cost. $100,000 had been budgeted and, if it had taken that much or more, the rates would need to be increased, but now that we know the dozer will not cost as much as had been budgeted the rate increase is not needed. The rate increase will probably be included in next year's budget, therefore, if the Council has no objections he would delete this item from the agenda. There being no objections, there was no further discussion and the item was deleted from the - agenda. DISCUSSION OF ITEMS NOT ON THE AGENDA 1. Resolution To The Texas Department of Iiealth Mayor Jones read a Resolution from the City of Stephenville to the Texas Department of Health regarding the disposal of the drums of dust and solvents generated by Genaut Industries, Inca Councilman Leese moved, seconded by Councilman Riggins, that the Resolution be passed as read. Motion carried unanimously by those members present. RESOLUTION WHEREAS GENAUT INDUSTRIES, INC. has applied to the City of Stephenville for permission to make disposal of special waste generated by said GENAUT INDUSTRIES, INC. which will include asbestos dust in the City of Stephenville Landfill; and WHEREAS Texas Department of Health has requested of the City of Stephenville assurance that the location of these buried drums of dust and solvents in the city landfill shall be made known to every future lessor or buyer of the land in- cluded in the city landfill or any part thereof which includes the location of these buried drums of dust and solvents from GENAUT INDUSTRIES, INC.; and whereas the City of Stephenville desires to comply with this request: NOW, THEREFORE BE IT RESOLVED that a section of the city land- fill area will be designated for the deposit of these buried drums of dust and solvents from GENAUT INDUSTRIES, INC. and that this area so used shall be marked by signs stating that the area does contain these buried drums of asbestos dust and solvent, these signs to mark by stakes at the four corners of the area the actual location of this buried waste; the City Administrator shall take the necessary action to carry out this procedure. 2. Police Department Policies: Mayor Jones asked the Council to read and study their copies of the policies for the Police Department they had received at a previous meeting as they would be on the December agenda for approval. 3. Plaque Given To The City By Tarleton State University: Mayor Jones advised the Council that at the Tarleton Homecoming the ORDINANCE AMENDING SECTION 18 -23 OF THE CODE OF ORDINANCES OF THE CITY OF STEPHENVILLE CHANGING THE RESIDENCE REQUIREMENT TO ERATH COUNTY AND ADDING SECTION 18 -42 SPECIFICALLY PROVIDING A PENALTY FOR VIOLATION OF ANY OF THE PROVISIONS OF ARTICLE II OF CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF STEPHENVILLE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: Section One Section 18 -23 of Article II of Chapter 18 of the Code of Ordinances of the City of Stephenville is hereby changed and amended and hereafter shall read as follows: "Before a taxicab license shall be issued, the applicant therefor must at the time of making his application, and must have been for six months immediately prior thereto, a resident of Erath County, Texas." Section Two There shall be added as a part of Chapter 18 of Article II a provision to be hereafter known as Section 18 -42 and which is as follows: "Any person convicted of violating any of the provisions of Article II, Chapter 18 of the Code of Ordinances of the City of Stephenville shall be guilty of a misdemeanor and shall be subject to a fine of not to exceed $200.00." Section Three In view of the fact that this ordinance is necessary for the immediate protection and preservation of health and property and is necessary to the safety and general welfare, this ordinance shall be in full force and effect immediately from and after its passage and publication, and it is accordingly so ordained. PASSED AND APPROVED this 14th day of November, 1978. Mayor ATTEST: Cit Secretary 204 -A City had been presented with an award from Tarleton State University primarily for the assistance given by the city in regard to the new football stadium. Mayor Jones gave the plaque to Mr. Shelton to hang on the wall in his office. 4. Building Available For Use At The Airport: Mayor Jones reported that Mr. Ron Dodd and Mr. Lee Solly with the Stephenville Savings & Loan had advised him that they have a building available that could be used as a terminal or hangar at the airport. Said building being 24' X 40' at a cost of $3900 to $4000. Mayor Jones asked the Council to be thinking about this and to go by to see the building and the offer would be considered at the December meeting. 5. Public Utility Commission Meeting Announced: Mayor Jones announced that the Public Utility Commission will have a meeting November 17, 1978 at 10:30 a.m. in the Waco Convention Center concerning the_fuel, cost adjustments and that Mr. Shelton is planning to attend and anyone else wanting to attend to contact Mr. Shelton. 6. Mayor Jones read a "Thank You" note from Councilwoman Chew. 7. Mr: Shelton reported that Mr. Pittman had decided not of purchase the airport operation from Mr. Cecil Davis, but a man from Granbury seemed interested. 8. Councilman Ferguson reported that Sgt.David York with the National Guard would like to meet with the Council in regard to the city paying for the storage of some Civil Defense supplies. Mayor Jones suggested checking on the need for the supplies and this will be considered at the December meeting. 9. Mayor Jones asked the Council to study their copies of the Audit Report and a representative from the auditing firm of Cheatham & Lansford will present their report and management letter at the December meeting. There being no other business, Mayor Jones adjourned the meeting at 9:15 p.m. ATTEST: Secretary S r., P i% 9 206 9j 9 9 N 9 N 9 If REGULAR SESSION- TUESDAY DECEMBER 5, 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 Tuesday, December 5, 1978 at 7:00 p.m. with Mayor Donald R. Jones present and presiding. Councilmembers Calvin A. McGee, Charles Riggins, E. W. Ferguson, Larry Hammett, and Linda Chew were present. Councilmen Mike Leese, W. M. Irwin and Raymond Anderson were absent. Others attending the meeting were Administrative Assistant Kurt Ackermann, Director of Public Works R. Y. Gann, Chief of Police Mike Watkins, Director of Utilities Danny Johnson, Assistant City Attorney Randy Chandler, Fire Marshall Kenneth Haley, Building.Inspector Hardy Lockhart, Mr. Paul Lansford, Mr. David Cheatham, Mr. Cecil Davis, Mr. Guy Lackey, Mr. Dean Cox, Mr. Gerald Cook, City Secretary Joyce Pemberton, and members of the press!. Mayor Jones called the meeting to order and asked the members of the council to read their copies of the minutes of the previous meeting. ITEM 1: APPROVAL OF THE MINUTES Councilman Ferguson moved, seconded by Councilwoman Chew, that the minutes of the meeting of November 14, 1978, be approved as written. The motion carried by the following vote: AYES: Councilmembers McGee, Riggins, Ferguson, Hammett, and Chew. NOES: None ABSENT: Councilmen Leese, Irwin, and Anderson. ITEM 2: AUDIT REPORT BY PAUL LANSFORD: Mr. Paul Lansford with the accounting firm of Cheatham and Lansford presented the audit report for the fiscal year October 1, 1977 to Sep - tember 30, 1978. In his report, Mr. Lansford quoted their opinion statement on page 1 as follows: "In our opinion, such financial statements present fairly the financial position of the various funds and groups of accounts of the City of Stephenville at September 30 „ 1978, and the results of oper- ations of the various funds for the year then ended in conformity with generally accepted accounting principles applied on a basis consistent with that of the preceding year ". Mayor Jones asked if all deficiencies in last year's audit had been corrected. Mr. Lansford stated that, basically, they had been. Mr. Lansford discussed with the Council the firm's letter to management in which they had the following comments related to improving and maintaining the controls and procedures;: 1. The Park Imprest Fund should have more complete records. 2. The use of the signature stamps should be controlled. 3. Approved purchase orders not always obtained. 4. The accounting, for fixed assets still incomplete. 5. Payroll withholding deficiencies noted. After discussion, Councilman Riggins moved, seconded by Councilman McGee, that the audit report be accepted as presented, that the re- commendations of the auditors be adopted, and that the City Administrator and his staff invoke compliance with the recommendations and that a compliance or progress report be presented at a future meeting. The motion carried by the following vote: AYES: Councilmembers McGee, Riggins, Fersuson, Hammett, and Chew. NOES: None ABSENT: Councilmen Lesse, Irwin, and Anderson. TTEM 3: REQUEST OF NATIONAL GUARD RELATIVE TO PAYMENT OF RENT FOR Mayor Jones reminded the Council that at the November meeting, it was announced that the cc National Guard was requesting payment of rent on the building in which the Civil Defense supplies and some old parking meters, etc. were stored. No action was taken as this was a non agenda item.