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HomeMy WebLinkAbout1977-05-03 - Regular City CouncilREGULAR SESSION - TUESDAY MAY 3, 1977 - 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 3, 1977, at 7:00 p.m., with Mayor Donald R. Jones present and presiding and Councilmembers W. M. Irwin, Calvin McGee, Charles Riggins; Raymond Anderson, Larry Hammett, Ermer Ferguson and Betty Heath were present. Councilman Jim Chambers was absent. Others attending the meeting were City Administrator Marshall Shelton, Director of Public Works R. Y. Gann, Director of Utilities Danny Johnson, Assistant City Attorney Randolph Chandler, Administrative Assistant Kurt Ackermann, Accountant Betty Chew, Fire Marshall Kenneth Haley, Director of Parks &`Recreation Ronnie Isham, Water Superintendent J. D. Chapman, Street Superintendent Clinton Hicks, Chief of Police Mike Watkins, and City Sec- retary Joyce Pemberton and others (see attached list.) Mayor Jones called the meeting to order and Reverend Henry Cox gave the invocation. Councilwoman Heath made the motion that the minutes of the April 5th and April 8th be approved as written. Councilman, Hammett made the second. Motion carried unanimously. A representative from Warner Cable TV was present and had set up a television set to demonstrate the new Civil Defense Emergency Alert System. Mayor Jones explained that this system had been devised by the Civil Defense Department and Warner Cable TV at a cost of $2800.00, one half to be paid by Warner Cable TV and one half by the Civil Defense Department. I't was explained to the Council that in case of tornados or other civil emergencies the City Police Dept. could break in on all television channels that are on Warner Cable for emergency messages. The equipment is to be tested on the first Monday of each month at 12 noon to see that all equipment is in good operating condition. Director of Public Works R. Y. Gann came before the Council to explain the action of the Planning Commission in regard to the North Hillcrest Subdivision Preliminary Plat, which and been presented to the Planning Commission on April 18th. In his explantation, Mr. Gann pointed out that Bluebonnett Street is a dedicated street which was supposed to have been paved when Tarleton Arms Apts. were built but, for some reason or other it was not paved and is not being used as a street now. A sanitary sewer line was installed but no water line. The North Hillcrest Subdivision is just north of Bluebonnett Street and has one street, Rosebud Drive, in the middle. The Planning Commission had recommended that Mr. Montgomery split Lots 1, 2, 3, 4, 5, 6, 7, and 8 and have lots facing Rosebud Drive and Bluebonnett Street. Mr. Montgomery did not feel that he could bear the cost of paving all of Bluebonnett by him- self. After a lengthy discussion, Mayor Jones advised the Council that the immediate problem was the paving of Bluebonnett Street and when that pro- blem is solved, if the Council takes affirmative action, then Mr. Montgomery will represent a plat drawn to the conditions set out by the Planning Comte mission. Mayor Jones stated that he thought the Council had the following alter - natives: A. The Developer submitting the plat would pave all of Bluebonnet St.. and work out a plan of reimbursement with Stephenville Land Inc. before any building permits would be issued on their property. B. To contact the owners of Tarleton Arms property and the Stephen- ville Land Inc. (Toby Stone) and either get commitments that they would share in the cost of paving Bluebonnett Street or, if they were not interested in making full payment at that time, the city could take a Paving Lien by agreement. C. A paving assessment against the Tarleton Arms property or the Stephenville Land, Inc. property if they did not agree to par- ticipate in the paving program. , . ,E. Assistant City Attorney Chandler stated that the assessment procedure is a very long and drawn out and costly procedure. Mayor Jones suggested that Mr. Shelton, in conjunction with the city's legal counsel, contact the adjoining property owners, which would be Toby Stone and B. B. Adams and owners of the Tarleton Arms Apts., to see if they would participate in the paving of Bluebonnett Street to the end of the sub- division and give them the alternative of paying all their portion at this time or getting a paving lien and paying it out by note, in which case the city could go ahead with the paving and would be reimbursed by virtue of a note. If this is not successfull, have our legal counsel to prepare a legal opinion for the Council setting out the procedure to be followed and an est- imate,of the cost to go through the assessment procedure. Mayor Jones said that, as a fourth alternative, the Council could determine the need for Bluebonnett Street. If it were determined there was not a need for Bluebonnett, then this plat could be submitted as it is and the dedication of Blue bonnett could be retracted. No other discussion or action was taken on this preliminary plat. It was the concensus of the Mayor and Council to set Tuesday, May 17, 1977, at 7:00 p.m., in the Council Chambers, as the date for a Public Hearing to con - sider the rate increase request of Texas Power and Light Co. Councilwoman Heath made the motion that the proposed franchise be approved as read on the second reading for Lone Star Gas Co. Councilman McGee made the second'. Motion carried unanimously. Mr. Shelton explained that Mr. Kinney had requested permission to put two mobile, homes on the lot at the corner of Race and Elm Streets. He has com- plied with the water, sewer and zoning regulations. After some discussion, Councilwoman Heath made the motion to approve Mr. Kinney's request for a Mobile Home Park on the lot at the corner of Race and Elm Streets. Councilman Irwin made the second. Motion carried unanimously. Fire Marshall Kenneth Haley came before the Council and presented the bids that had been received for equipment to be used on both pumper trucks. This equipment was budgeted for this year. The total bids for 4 breathing apparatus, 2 salvage covers and 2 20" super vacuums are as follows: 1. W.A. Neel & Associates------------------------ ---- - - - -$2 795.00 Route 1, Box 168 West, Texas 76691 2 Fire Appliance Co. of Texas --------------------------- $3,076.00 1708 E. Scott Wichita Falls, Texas 76303 3 S.W.Sales COT ----------------------------------------- $2,954.00 P.O. Box 751 Kileen, Texas 76541 After some discussion, Councilman Ferguson made the motion to accept the low bid of $2,795.00 submitted by W. A. Neel & Associates. Councilman Riggins made the second. Motion carried unanimously. Councilman Riggins, reporting fQr the Tax Committee, said his committee had met with the Tax Assessor - Collector, The Tax Equalization Board and Mr. Jim Bachus, representing the School Tax Office. Mr. Groves had estimated approximately $30,000 loss in tax revenue by granting the $3,000 tax exemption for persons 65 years of age or older. Councilman Riggins explained that the Committee felt that there would be quite a number of new homes and businesses on the tax roll this year that would help to offset the exemption loss, therefore, the Committee recommended granting this homestead tax exemption of $3,000.00 to persons 65 years of age and older. This will be taxes for next year's budget and the Committee felt that even if the city had to go into some deficit spending that it would not hurt too much. After some discussion, Councilman Riggins made the motion that $3,000.00 of assessed value of property rendered for tax as a homestead in the City of Stephenville be exempted for persons 65,years of age or older. Councilwoman Heath made the second. Motion carried unanimously. It was the consensus of the Council to make this exemption retroactive to January, 1977, and to give this exemption quite a bit of publicity so that most everyone eligible can come in and sign up for this as soon as possible. al Chief of Police Mike Watkins to invite bids for five new police to order the cars now in order for year came before the Council asking for the authority cars. Chief Watkins explained that he needs them to be delivered by the new 1977 -1978 budget Chief Watkins explained that he did not have the specs ready now, but was proposing 3 patrol cars, midsize with police pack and maybe 2 smaller cars for the Juvenile Officer and Criminal Investigator. After considerable discussion, Councilman Irwin made the motion that Chief Watkins be granted the authority to invite bids on 5 cars for the Police Dept. Councilwoman Heath made the second. Motion carried unanimously. Mayor Jones suggested maybe taking bids on the samaller cars for the patrol cars for the purpose of comparing prices. I Mayor Jones explained to the Council that the Texas State Highway Dept. had advised that they need a Resolution or Council minute action authorizing them to move the city limits signs to the new city limits as a result of the annexation in August, 1975. Councilman Irwin made the motion that the City Council authorize the Texas State Highway Department to move the city limit signs to the new city limits as a result of the annexation in August, 1975, and to include on the signs the estimated population of the City of Stephenville to be 11,000. Councilwoman Heath made the second. Motion carried unanimously. Mayor Jones read the Hike & Bike Trail Ordinance to the Council. After some discussion, Councilwoman Heath made the motion that the City Council pass and adopt the Hike & Bike Trail Ordinance as read. Councilman Hammett made the second. Motion carried unanimously. ORDINANCE AN ORDINANCE ESTABLISHING HIKE AND BIKE TRAIL ON LAND IN THE CITY PARK SYSTEM; I PROVIDING FOR USE OF SUCH HIKE AND BIKE TRAIL BY CYCLE AND PEDESTRIAN TRAFFICE EXCLUSIVELY AND PROVIDING PENALTY FOR VIOLATIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: Each member of the Council had received a copy of the Flood Hazard Prevention Ordinance before the Council meeting so they might study it before the meeting. After some discussion, Councilman Anderson made the motion that the Flood Hazard Ordinance be adopted as written. Councilman Irwin made the second. Motion carried unanimously. Councilwoman Heath made the motion to reappoint Mr. Jack Arthur, chairman, Mr. Harlan Huey..and Mr. Telefus Cawyer as members of the Equalization Board for a term of one year. Councilman McGee made the second. Motion carried unanimously. Mayor Jones advised the Council that Mr. E. L. Stephens and Mr. Sid Whitman had resigned from the Electrical Board and he submitted, for consideration of the Council', the names of Mr. Edmond Anderson and Mr. Jim Bostick and asked for any other proposed appointees for this board. After some discussion, Councilman McGee made the motion to appoint Mr. Ed- mond Anderson and Mr. Jim Bostick to fill the.tow vacancies on the Electrical Board. Councilman Irwin made the second. Motion carried unanimously. Mayor Jones asked that the Committee appointed at the April meeting meet with the Electrical Board to discuss the Electrical Code and having someone else give and grade the examinations. After some discussion, Councilwoman Heath made the motion to set a Public Hearing on June 7, 1977, at 7:00 p.m., to consider the recommendation of the Zoning Board to rezone from R -1 to B -1 the property located north of the Lingle - ville Highway at the intersection of Harbin Drive for the purpose of construct- ing a major shopping center. Councilman Irwin made the second. Motion carried unanimously. City Administrator Shelton explained that the Hartford Insurance Co. had notified him that they were increasing the premiums for the City's portion and also for the employee's dependents. He thought this too high and had invited bids. Republic National Life Insurance Co. had the lowest bid with comparable coverage and he had met with the Department Heads and it had been their consensus to go with Republic National Life. After some discussion, Councilman Irwin made the motion that the change from Hartford Insurance Co. to Republic National Life Insurance Co. for the city em- ployees' and the council member's hospitalization and life insurance coverage be approved by the Council. Councilman Riggins made the second. Motion carried unanimously. 12 Mayor Jones explained that funding is available through the Texas Dept. of Community Affairs and the Federal Dept. of Housing and Urban De -' velopment for a new city tax map. The funding ratio to be two - thirds by said agencies and one -third by the City. After some discussion, Councilwoman Heath made the motion that the City Council issue a Resoltuion authorizing the funding for a new city; tax map. Councilman Hammett made the second. Motion carried unanimously. RESOLUTION RESOLVED, that the City Administrator be and he is hereby authorized to make the proper application to the Texas Department of Community Affairs and the Federal Department of Housing and Urban Development under Program, "701" Local Planning and Management Program for the purpose of receiving funding which will be for (1) A new tax map for the City of Stephenville (first priority); (2) Reclassification of taxable property within the city with the funding ratio to be two-thirds by said agencies above named and one - third by the City of Stephenville with such project to be completed during the period between July 1, 1977 and June 30, 1978. AND ADOPTED this the 3rd day of May, 1977, Mayor Jones advised the Council that the Equalization Board, City Tax Assessor - Collector Robert Groves and School Tax Assessor - Collector James Bachus had discussed tax reappraisal program. The School Tax Office is in this program now and are reappraising one - fourth of their district per year. They have com- pleted "`_one quadrant and are working on the second one. Mr. Groves came before the Counil and explained that Mr. Bachus had said the school could wait until the 1978 tax roll to bill the reappraised property at the new valuation if the city was going to go into the same program and the city and school work together and put it on the tax roll at the same time. He said the city would need to do two quadrants this year. Mr. Groves estimated the cost to the city would be approximately $15,000 to $20,000 as he would need to hire several persons to help in this program. Councilman Irwin said he was in favor of the program but would like to see the plan in regard to the manhours and how much money would be required. After more discussion, it was the consensus of the Council for the city to participate in the reappraisal program on the taxable property within the city limits. This is not a budgeted item and the funds are to be appropiated as Mayor Jones announced that the Council would go into Executive Session under the Open Meetings Law, Article 6252 -17, Section 2F, to discuss the value of real property. Fire Marshall Kenneth Haley asked to speak to the Council before the Ex- ecutive Session. Haley advised the Council of the need for an ordinance prohibiting boating or floating in the Bosque River due to the number of near s there have been. Mayor Jones advised Mr. Haley to put up signs prohibiting swimming, boat- ing or floating in the Bosque River and if this did not stop it, then the Council would enact an ordinance prohibiting such. THE COUNCIL THEN WENT INTO EXECUTIVE SESSION FOR THE ABOVE STATED REASON. MAYOR JONES THEN REOPENED THE MEETING TO THE PUBLIC. Mayor Jones explained that the Council had discussed the trade exchange of property between the City and Dr. Swan Richardson. He also explained that, even in a trade situation, the City would have to take bids and it was the con - sensusof the Council, that, at this point in time, they are not interested in accepting bids for the purpose of trading or selling this property. Councilman Anderson reported he had received a complaint concerning a big hole in the street going north by Gibson's Discount Store. Mt. Shelton said he would have the Street Department check this out and may- be they could put in a tinhorn which would take care of the drainage and help in keeping the paving from washing out. Councilwoman Heath asked for discussion on the Tanglewood West Subdivision. Mrs. Heath reported that she had received a call this past weekend concerning the drainage problem in the area of North Dale Ave. and Brenda Streets. AN ORDINANCE ESTABLISHING HIKE AND BIKE TRAIL ON LAND IN THE CITY PARK SYSTEM; PROVIDING FOR USE OF SUCH HIKE AND BIKE TRAIL BY CYCLE AND PEDESTRIAN TRAFFIC EXCLUSIVELY AND PROVIDING PENALTY FOR VIOLATIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: Section One There is hereby established a hike and bike trail on property owned by or on land under the control of the City of Stephenville, the course and location of such hike and bike trail to be designated by the Supervisor of the city parks of Stephenville. Section Two Said.hike and bike trail shall be designated.and marked by appropriate signs erected along the course of such trail. Section Three This hike and bike trail shall be for the exclusive use of pedestrians and those riding bicycles or any other type of cycle propelled by the person operating same. Section Four Such hike and bike trail shall not be used by any person operating motor vehicles such as an automobile, motorcycle, motor- bike or any other type of ,motor propelled vehicle. Section Five Any person, firm, company, corporation, or association who shall violate any of the provisions of this ordinance shall, upon conviction thereof, be subject to a fine of not more than $200.00. Section Six All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section Seven This ordinance shall be in full force and effect immediately from and after its passage and publication as provided by law. PASSED AND APPROVED this ecre 0 92A Mimi Councilwoman Heath stated that she had reviewed the tapes of the Council meetings of- February 3, 1976 and May 20, 1976 in which the plats of the Tangle - wood West Subdivision had been approved. It had been stated on the tapes that the drainage problem on North Dale Ave. and Brenda Street had been solved when, in facet; it had not and she wanted to know why three houses on Brenda Street were in the process of construction when the conditions set out by the Planning Commission, City Council and Subdivision Ordinance had not been met. �i Mayor Jones replied, in part, to Mrs. Heath's question that he did not think that the building of these houses on Brenda Street would affect the water drain- age oneway or the other. He explained that Mr. Seth Moore had written a letter stating that due to the rainy weather he had not been able to get his equipment in to do the work necessary to correct the drainage problem and comply with the condiditons set out for the subdivision but he was requesting building permits for the four lots (from Dale Ave. to the first street in the subdivision) on Brenda Street because he needed to sell these lots. Whether it was a good idea or not, he was given permission to work on those four lots and a letter was sent to him stating that no other permits would be issued for any building in the subdivision until,he had fully complied with the final plat as required by the Subdivision Ordinance. Mayor Jones said these permits had been issued on the basis that the lots were facing onto a paved street and the utilities were available. The same sit- uation is true in the River North Subdivision and we will not issue permits along the Lingleville Highway just because it is a paved street and /or has utilities, etc. available. Mr'. Shelton advised the Council that Mrs. Seth Moore had called him just be- fore he went into the hospital and told him that the City always put restrictions on Seth and not on other developers such as the Savings & Loan Association. Mr. Shelton said he had rather be accused of most anything other than favoritism. Later Seth had written him a letter stating that due to the weather, he had not been able to comply with the conditions of the final plat but he desperately needed to get a few buildings started in this subdivision. Mr. Shelton said that, on occasion, the same thing had been done with other developers when they faced a pave& street and the utilities were available so he had issued the building permits to Mr. Moore and had written a letter to Mr. Moore stating that no other building permits would be issued until he had complied with the conditions of the final plat. Councilman Hammett stated that he did not want any more building permits issued in this subdivision before the drainage problem was solved because the City will lose control and the subdivision will remain as it is with no drainage ditch at all. Mr. reported that he was receiving a number of calls from people requesting that the city pave driveways, parking lots, etc. He said they could not get local contractors to do these small jobs and it cost too much to get contractors from other cities to come here small paving jobs. It'rwas the consensus of the Mayor and Council that the City should do some of this type work. Mayor Jones stated that the City should have verification in writing that the people have tried to get local contractors to do the work and could not. Then the city employees will do the work on Saturdays or after 5 p.m. with the people paying the men for their work and paying the city for the use of the equipment and material. Mr reported that the Gulf States - United Telephone Co. is going to correct ",the drainage problem of the water from their property draining onto the J. D. Walker property. Councilman McGee asked about a dump station at the park. He also said he had heard comments of needing twice as many camper sites as we now have. Director of Utilities Danny Johnson said he and Mr. Isham were working on a dump station now and should have it in operation before too long. Mr! Shelton reported that Leonard Sparks had given an estimate of $150.00 each for the concrete and labor for sixteen ramps around the square for a total of $2400.00. It was the opinion of the Council to invite bids for this work. Councilman McGee asked about another entrance to the city park. He suggested an access road from the South Loop because after a big rain the low water crossing to the softball fields and tennis courts is under water. Mr'. Shelton said this had been discussed in the past and Mr. Gann had est- imated the cost at $15,000. Mayor Jones asked Mr. Shelton to check with George Black as to the feasibility of an access road off the South Loop on the south side of'Ithe city park. M of the reading ing the should some coi amount thing t. savings motion carried ncilman McGee suggested that some thought be given to the feasibility ater Department breaking the city down into two sections for their meter and billing. This would consist of reading the water meters and bill - water bills for one half of the city each month. Mr. McGee said this ave man hours and also postage. He said he had asked Mr. Shelton to get parative figures together so that the Council might see exactly what f time and dollars are involved. Mr. McGee said he felt this was some at needed to be considered as he felt that there would be a considerable to the city in a year's time. re being no other business to be considered, Councilman Irwin made the hat the meeting adjourn. Councilman McGee made the second. Motion unanimously. meeting adjourned at 10:00 p.m. re a o —, 0