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HomeMy WebLinkAbout1977-09-06 - Regular City Council113 REGULAR SESSION - TUESDAY SEPTEMBER 6, 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, September 6, 1977, at 7:00 p.m. Councilmembers W.M. Irwin, Calvin McGee, Charles Riggins, Raymond Anderson, E. W. Ferguson, Larry Hammett and Betty Heath were present. Mayor Donald R. Jones and Councilman Jim Chambers were late getting to the meeting. Others attending the meeting were City Administrator Marshall Shelton, Administrative Assistant Kurt Ackermann, Director of Public Works R. Y. Gann, Accountant Betty Chew, Chief of Police Mike Watkins, Director of Parks and Recreation Ronnie Isham, Director of Utilities Danny Johnson, and City Secretary Joyce Pemberton. Reverend Robert Baldridge, Mr. Wylie Stem, Mr. Jimmy Walker, Mr. Lyle Lacy and Mr. Darwin Ellis also attended the meeting. In the absence of the Mayor and Mayor Pro Tem, Councilwoman Heath moved that Councilman W. M. Irwin chair the meeting and the other members of the Council agreed. Councilman Irwin called the meeting to order and Reverend Baldridge gave the invocation. Mr. Brad Allen came before the Council regarding a 24 unit low rent housing project for senior citizens. Mr. Allen explained that he was requesting that the Council adopt a Resolution to be included with his application to the Farmers Home Administration stating that the Council has no objections to this project and does fully support said project. Councilwoman Heath explained, in answer to Councilman Irwin's question, that this Re- solution is needed for the application for the funding. When funding is granted, Mr. Allen will then bring the plans before the Planning Commission for their consideration. Mayor Jones advised the Council that if they approved a Resolution to that effect, it will be a tacit approval of the project whether there is any involvement by the city or not. He also stated that this is not an agenda item and he would like to take it under advisement and look at it and if the Council has no problems with it, then, at either a called or re- gular meeting in the future, it could be signed. Mr. Allen explained that if he did not get the application in soon it would not be ap- proved until next year. Councilman Irwin appointed a committee consisting of Councilmembers Betty Heath, Charles Riggins, Raymond Anderson and with Mayor Jones as chairman, with the authority to accept or reject the Resolution and authorized Mayor Jones to sign the Resolution. By doing so, it will eliminate having to call a full council meeting and the committee can take the time to study the Resolution and reach a decision. Councilman Irwin at this time turned the chair over to Mayor Jones for the remainder of the meeting. Councilwoman Heath made the motion that the minutes of the meetings of August 2nd and August 4th be approved as written. Councilman McGee made the second. Motion carried unani- mously. Mr. Wylie Stem, representing Warner Cable TV, came before the Council to request that he be allowed to work with the City Administrator and the City Attorney to prepare a new franchise ordinance complying with the new FCC regulations both with reference to regulation of rates and regulation of gross receipts tax and any other amendments that are applicable. Mr. Stem explained that in 1974 when the present franchise was granted to Warner Cable TV the franchise included rate regulations by the City Council and a 2% gross receipts tax. In March, 1977, the FCC amended the requirements to regulate rates, which eliminates the rate regulations by the City Council and also regulates the gross receipts tax. Mayor Jones said he could see no problems and directed Mr. Stem, along with Mr. Chandler and Mr. Shelton to prepare a new franchise ordinance for presentation to the Council. Mr Darwin Ellis came before the Council with a proposal regarding the management and control of the city operated cemeteries. Mr, Ellis read a "Caretaker Agreement Proposal" he had drawn up, which stated basically, that the Caretaker (Mr. Ellis) would take care of the following services: (1) Care of the cemeteries, (2) Escort Services,. (3) Selling of all spaces and (4) Assistance to family needs for an annual fee of $12,600.00. After some discussion, Mr. Jimmy Walker came before the Council with some questions re- garding Mr. Ellis's proposal on the cemeteries. Mr. Walker explained to the Council that he has had the cememtery opening and closing service here in Stephenville for the past 7 years and he was wondering if this proposal is not a conflict of interest for Mr. Ellis, as he is the owner and operator of Erath Gardens of Memory, Inc... Mr. Walker also asked who would set the rates for the opening and closing of spaces. 114 Mr. Walker gave each member of the council copies of the price sheets from the Gardens of Memory and asked the Council to note the increase of prices as of Sept. 1st and again stated that, in his opinion, it looked like a conflict of interest and for one man to own and operate one cemetery and be "Caretaker" in charge of all the gememteries seems to be a monopoly. Tn responding to Mr. Walker's statements, Mr. Ellis asked why Mr. Walker would carewho was in charge of the East End and West End cemeteries. He said they have their," own opening and closing services which they feel is worth more money and that Mr. Walker could not do him a satisfactory opening and closing service. i Mayor Jones said he thought there could be some legal ramifications with this proposal. The Mayor appointed Councilmen Chambers, Irwin and Hammett as a committee to to k into this and report to the Council at the next regular meeting, Mr. Lyle Lacy with Lacy Funeral Home came before the Council and stated that he had used Mr. Walker's services for several years and did not have any complaints and he th?ought Mr. Jones with Stephenville Funeral Home felt the same way. Reverend Robert Baldridge, pastor of the Harvey Baptist Church, came before the Council requesting that the City Council take under advisement the passage of an ordinance estab''ishing the distance of a private club from a church, hospital, or school. Rev. Baldrtidge also submitted a petition to the Mayor requesting passage of said ordinance. i' Mayor Jones said the Council would take this request under advisement and that he would appoint a committee to examine the petition and also to look at the situation from a legal standpoint. Mayor Jones asked Assistant City Attorney Chandler to meet with this `committee. AssocMayor Jones read a letter from Mr. James C. Ramsey, Stephenville Savings & Loan iation, requesting a "variance" of Section 12 of the Subdivision Ordinance as it pertains to building permits. The said variance being for Lots 7 -12, Block 1 and Lots 81 -10, Block 2, of the River North Subdivision. After considerable discussion, during which City Administrator Shelton stated that the water and sewer lines had been inspected and accepted, Councilman Irwin moved that the City Council grant the "variance" on said lots in the River North Subdivision as requejsted. Councilwoman Heath made the second. Mayor Jones, speaking for the record, said that all of the lots for which the variance was requested do front on the Lingle - villelHighway which is an existing paved highway and that the water and sewer is in place ;and is available to serve all of these lots and does meet the specifications of the City. Mayor Jones then called for question on the above motion. Motion carried unanimously. City Administrator Shelton advised the Council that requests for bids on gasoline for city vehicles had been sent to six dealers and only two had submitted bids. They are as follows: CONOCO - L. C. STEWART, CONSIGNEE Regular------------------------- - - - - -- $,4665 per gallon Premium------------------------------- .4965 IT " No Lead------------------------- - - - - -- .4890 IT a #2 Diesel Fuel------------------ - - - - -- .4010 IT Kerosene------------------------ - - - - -- .4273 IT IT e GULF - OPAL BELCHER GRIMLAND, CONSIGNEE Regular------------------------- - - - - -- $,4670 per gallon Gulf Crest Unleaded------------- - - - - -- .4920 IT it No Knox------- ------------------ - - - - -- .5120 IT it Kerosene------------------------ - - - - -- .4200 IT #2 Diesel Fuel------------------ - - - - -- .4273 " After some discussion, Councilman McGee made the motion that the City Council accept the 16w bid submitted by Conoco to furnish gasoline for the city vehicles. Councilman Riggis made the second. Motion carried unanimously. After some discussion, Councilman Chambers moved that the City Council appoint Mr. Mike Walker to the Electrical Board replacing Mr. Garland Sargent. Councilman McGee made the second. Motion carried unanimously. Councilwoman Heath made the motion that the City Council pass and adopt the two Resolutions to the Criminal Justice Department stating the City Council's continued support of the I.D. and Records Unit and the Juvenile Officer of the Stephenville Police Department. Councilman Riggins made the second. Motion carried unanimously. RESOLUTION A`lResolution calling for the City Council of Stephenville, Texas, to authorize Marshall Shelton, City Administrator, to submit to the Texas Criminal Justice Division a grant application for the purpose of establishing an I.D. and Records Unit within the Stephenville Police Department. WHEREAS, it is the opinion of the City Council that the best interest of the citizens of the City of Stephenville will be served by this project if pledges its full support to the continued operation of an I.D. Records Unit. Adopted this the 6th day of September, 1977. r RESOLUTION A Resolution calling for the City Council of Stephenville, Texas, to authorize Marshall L. Shelton, City Administrator, to submit to the Texas Criminal Justice Division a grant application for the purpose of continuing the position of Juvenile Officer within the Stephenville Police Department. WHEREAS, it is the opinion of the City Council that the best interest of the citizens of the City of Stephenville will be served by this project it pledges its full support to the implementation, operation and continuation of the position of Juvenile Officer. Adopted this the 6th day of September, 1977. City Administrator Shelton explained that he thought the city needed some type of long range plan for the property on West Washington that the city recently took options on. Should the city rent, sell, develop, or whatever? He said he would like some input from the Council. Mr. Shelton said he was thinking in terms of the extension of Harbin Drive and what time frame the Council had in mind and also, that in December the city will have to exercise the option on the Savage property. Mayor Jones stated that as the reason for purchasing the property was the extension of Harbin Drive and that we probably should have someone look at the property and give the City Council some graphics about location of the highway and what relative distances , would be left and what the possible utilization of the remainder of the property would be. Also consider this in the light of the city's cemetery property and whether or not the extension of Harbin Drive will veer over to the cemetery property or go straight through. Mayor Jones said he would like for someone to start doing some engineering work as to how to put the extension of Harbin Drive through, then start looking at some costs 'after seeing what the location would be. Mr. Shelton suggested using Traffic Engineers, Inc. of Houston to do the preliminary study and this was agreeable with all of the council. Mayor Jones directed Mr. Shelton to contact Traffic Engineers, Inc. and see when they could start,. Mr. Shelton advised the Council that only three bids had been received for the sale of three old police cars. The bids are as follows: Walker's Used Stephenville, Parham's Gara; Stephenville, Cars----------------- - - - - -1 -1975 Texas 1 -1976 1 -1976 ;e-------------------- - - - - -1 -1975 Texas 1 -1976 1 -1976 Chevrolet -------------- $850.00 Ford Torino ------------ $675.00 Ford Torino ------------ $425.00, Chevrolet-------- - - - - -- $1,000.00 Ford Torino ------------ $ 800.00 Ford Torino ------------ $ 500.00 After the Council had agreed for Councilman Anderson to look at said cars to determine if these are fair bids, Councilman Irwin moved that the City Council authorize acceptance of thelhigh bid submitted by Parham's Garage for the three police cars if Councilman Anders 6 "n determines this is a fair bid. Councilwoman Heath made the second. Motion carrie1, unanimously. Councilman Irwin, reporting for the Garbage Franchise Committee, said that in a pre- vious meeting of the Council, it had been agreed to grant the franchise to Mr. Bill Bled- soe provided he and City Administrator Shelton could work out an agreement that would be satisfactory to both. Councilman Irwin deferred to Mr. Shelton for the report on the agreement he and Mr. Bledsoe had reached. Mr. Shelton reported that the agreement was basically what had been discussed in the committee meetings. After some discussion, Councilman Irwin moved that the City Council grant a five (5) year extension to the present franchise which expires April 3, 1978. This would give an expirat %ion date of April 3, 1983. Councilman Hammett made the second. Motion carried unanimob sly. 3 Councilman Irwin made the motion that the City Council grant an increase in the residential garbage rates from $2.75 to $3.25 per month, effective on October 15, 1977, which will be on the water bill received by the consumer on December 1, 1977. Council- woman Huth made the second. Motion carried unanimously. Councilman Irwin moved that the City Council increase the percentage of the gross receipts paid to the city from 9% to 15 %, effective October 15, 1977. Councilman Chambers made the second. Motion carried unanimously. y Mra. Shelton also advised the Council that part of the agreement was that Mr. Bledsoe will have an office apart and separate from his home and will keep it open during regular working hours and this will be included in the franchise. Mayor Jones directed Assistant City Attorney Chandler to meet with Mr. Shelton and prepare`an addendum to the existing franchise including all of the above changes for final approval of the Council at the regular council meeting in October. 116 Mayor Jones read a letter from Mr. Jerry L. Goad requesting a transfer of the Taxicab Franchise to himself from Mr- Raymond Lindley. S I After considerable discussion, Councilwoman Heath made the motion that the City Council approve the transfer of the Taxicab Franchise from Mr. Raymond Lindley to Mr. Jerry 1. Goad, subject to Mr. Goad being in compliance with the ordinance and if the vehicle and the individual to whom the transfer is to be made are satisfactory to the Chiefsof Police and the City Administrator. Councilman Irwin made the second. Motion carried unanimously. 5 Director of Public Works R. Y Gann came before the Council to present a new type building permit. This permit will include the electrical, plumbing and mechanical per - mits all on one building permit rather than a separate permit for each one. After some discussion, Councilman Irwin made the motion that the City Council ap- prove the new type building permit which includes the electrical, plumbing and mechanical permits all on one building permit as recommended. Councilman Chambers made the second. Motionicarried unanimously. The Council discussed the new volunteer firefighters' retirement as presented under SenatelBill $411. Mr: Shelton explained that basically this would mean that the city would 'pay $12.00 per month per volunteer fireman into a retirement fund. After five years the fireman has 25% vested and after 15 years he would have 100% vested and this would insure that the retired volunteer firemen will receive $25.00 per month at the time of their retirement. It was the consensus of the Council that Councilman Ferguson and City Administrator _ Shelton should attend one of the workshops concerning this retirement benefit for volunteer firemen to get additional information and report back to the council at the regular meeting in October. After considerable discussion, Councilwoman Heath made the motion that the City Council designate the 400 block of N. Belknap St. as a "No Parking" area on both sides of the'street. This being that portion of North Belknap from Tarleton Street north to Sloan Street. Councilman Ferguson made the second. Motion carried unanimsouly. hi a Police Department Report, Chief Watkins said that his officers were very satisfied with the new cars and appreciate the good equipment and the 7% increase in salaries granted by the Council. C�iief Watkins advised the Council that all of the equipment for the I.D. and Record Unit had finally arrived and work had begun on settin up the records and when completed should be a big asset.to the entire department. Chief Watkins reported that he and Assistant City Attorney Chandler had met with Mrs. Sarah Miller, Justice of the Peace, and in his opinion, had worked out all the problems in the transfer of the Municipal Court to the office of the Justice of the Peace.1 If Municipal Court Judge J. P. Hedrick leaves on the 25th of September as planned, they are ready to go with Mrs. Miller as has been discussed. Chief Watkins also reported that he thought the Animal Control Offier Bee Bentley was doing a pretty good job. He daid this is a "thankless" job but that the officer does have a good working relationship with the Humane Society which is good. Mayor Jones reported that he and some members of the council had met with the CountylCommissioners recently in regards to the relationship between the City and County No agreement was reached on the City- County shared expenses but Mayor Jones said he thought it served a good purpose as it opened some avenues of conversation that had not been discussed before. The County did make a proposal, though they probably did not expect the City to accept it on face value:' The County suggested that the City take the ambulance 100 %, the County take the jail 100 %, the City and Countys lit the expenses for paving the road to the landfill which would be approx- imately $4,000. each and the County to pay the City $50.00 per fire call. Mayor Jones advised the Council that this proposal is almost diameterically opposed to what the City had proposed and that the Committee should meet again within the next two weeks to conaider an alternative to this proposal. Cisty Administrator Shelton advised the Council that the city employees had in- dicated they would prefer to be paid twice a month and he had agreed if it was agreeable with the Council.. The Council agreed. the re being no other business to come before the Council, Mayor Jones adjourned ing. J M r