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.
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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.
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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.
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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.
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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.
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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.
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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.
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Mayor Jones read a letter from Mr. Jerry L. Goad requesting a transfer of the
Taxicab Franchise to himself from Mr- Raymond Lindley.
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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.
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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.
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re being no other business to come before the Council, Mayor Jones adjourned
ing.
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