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HomeMy WebLinkAbout1977-12-06 - Regular City Council12 REGULAR SESSION - TUESDAY DECEMBER 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, December 6, 1977, at 7:00 p.m. with Mayor Donald R. Jones present and presiding. Councilmembers Jim Chambers, Calvin McGee, Charles Riggins, E. W. Ferguson, Larry Hammett and Betty Heath were present. Council- men W. M. Irwin and Raymond Anderson were absent. Others attending the meeting were City Administrator Marshall Shelton, Administrative Assistant Kurt Ackermann, Director of Public Works R. Y. Gann, Director of Utilities Danny Johnson, Director of Parks & Recreation Ronnie Isham, Fire Marshall Kenneth Haley, Chief of Police Mike Watkins and City Secretary Joyce Pemberton. Also attending were Mrs. Betty Chew, David Cheatham, Paul Lansford, M. E. Thomas, John Boucher, J. D. Walker, Phillip Fenner, Leslie Gandy, Nat Conner and Leron Satterwhite. 11 \n 11 k:C n .. T/C;'C IV n iFiC�'C�'C;'C;'C;'C Mayor Jones called the meeting to order and Councilwoman Heath moved, seconded by Councilman McGee, to approve the minutes of the meeting of November 1st as written. Motion carried unanimously. Mayor Jones presented plaques of appreciation to representatives of the Gamma Sigma Sigma and Alpha Phi Omega Sororities for their work in the city cleanup campaign. Mr. E. M. Thomas, representing Pritchard & Abbott, a valuation engineering firm of Fort Worth, Texas, came before the Council with a proposal of ap- praising industries and businesses personal property for the City Tax Dept. This would include utility companies and large industries and businesses that,the average tax assessor is not qualified to appraise. Mr. Thomas quoted a price of five cents (5C) on the $100.00 value or approximately $2,000 and it would be the Tax Assessor's responsibility to decide which industries, businesses and /or utility companies he would want appraised. Mr. Thomas also advised the Council that he felt he could and would bring in much more in tax dollars than it would cost for his services. Mr. Robert Groves, City Tax Assessor, recommended that the City Council authorize Mr. Thomas to work with him in this appraisal program as he did not feel that the city was receiving a fair return from the larger businesses and utility companies. After considerable discussion, it was the consensus of the Council to make a further study of this proposal and make a decision at a called meet - ing next week. IC IV IV 11 IV Mr. David Cheatham came before the Council to present the annual audit report and management letter. Mr. Cheatham gave a very thorough report of the annual audit and discussed and explained the management letter to the Council, along with their recommendations. After some discussion; Councilman Chambers moved, seconded by Council- woman Heath, that the.City Council accept the audit report as presented and recommend to management that the deficiencies listed be corrected as soon as possible. Motion carried unanimously. Mayor Jones explained that the requirements of the City Planning Com- mission and those of the Director of Public Works on the preliminary plat of the Tanglewood Northeast Subdivision have been met and that management is recommending approval by the City Council. 128 Ass des ter the City Council had examined the preliminary plat, City Tax r Robert Groves suggested that, to prevent confusion of property tions in the future with those of North Hillcrest Subdivision, , Lots 10 -16, be changed. !After discussion, Councilman Hammett moved, seconded by Council- man Biggins, that the City Council approve the preliminary plat of the Tanglewood Northeast Subdivision, with the provision that Block 7, Lots 10 -16 be included in Block 4 and that the lots in Block 4 be numbered 1- 31'1and that Block 8 be changed to Block 7. Motion carried unanimously. ;Councilwoman Heath, speaking in behalf of the Health Resources Sub- committee of Erath County, made a presentation opposing the 1976 -1977 Medical Facilities Plan of the Texas Department of Health. In her presentation, Mrs. Heath pointed out that the guidelines set out by HEW for the National Planning For Medical Services and Facilities Act would eliminate obstetrical services in the Stephenville Hospital and would probably close the Dublin Hospital. I Mayor Jones agreed with Mrs. Heath that these guidelines would be very bad for the City of Stephenville and the surrounding rural areas. 4l After discussion, Councilwoman Heath moved, seconded by Councilman Chambers, that the Stephenville City Council join with the Erath County Commissioners and the Dublin City Council in opposing the 1976 -1977 Texas!,Medical Facilities Plan. This Resolution to be verbalized to ex- pressiour concern that the implementation of this plan, with its in- accurate statistics and questionable conclusions would seriously jeo- pardize the quanity and quality of health care in our medical trade area. Also that the three Resoltuions be gathered together in triplicate and that !,copies be forwarded to the Facilities Task Force of the Texas Area 5 Heal lth Systems Agency, Inc., Dr. Fratis Duff, Texas Health Department, and the Honorable Dolph Briscoe, Governor of Texas. Motion carried unanimously. The Council also agreed to send a Resolution to HEW opposing their guidelines to the Medical Facilities Act. Mr. Leslie Gandy, Assistant School Superintendent, came before the Council to request that the City release the School District from all liability in releasing water onto Garfield and Mulberry Streets in a proposed drainage project to relieve water off the Chamberlin Elementary SchoO campus. (This would include drainage to city streets and private property.) Mr. Leron Satterwhite of the Soil Conservation Office presented a map showing the area that drains west of the Chamberlin School and north of the Chamberlin School and comingles with the water on Frey Street and some goes down'; Mulberry and Ash Streets, down into Chamberlin Street and it all comes back together on Frey Street near the intersection of Cain Street. Mr. Satterwhite said he did not think this project would cause more water but the water would flow more rapidly. Councilman Chambers said he favored the City cooperating with the School in this project but did question very much the City releasing the school and Soil Conservation Office of all liability in a project in which the City', had no part. City Attorney Chandler advised the Council that when the City releases the School and Soil Conservation from all liability that the City is assum- ing their liability, if they have any. +Mayor Jones said that if it was agreeable with the Council that he would like to study this release more thoroughly and would like for the Council to have copies of the release for study and make a decision at the Special Meeting next week. No further action was taken. Mr. J. D. Walker and Mr. Phillip Fenner came before the Council pro- testing the Council giving permission for the diversion of more water to flow':: down Mulberry and Garfield Streets as there is already a drainage problem. Even if there is not more water, the fact that it flows more rapidly will present more of a drainage problem. Stem had for the the 4ayor Jones explained that in a previous meeting in which Mr. Wylie :ame before the Council with a request for a new rate ordinance, he iderstood Mr. Stem to say that the FCC was now the regulatory body ie cable TV. Mayor Jones said that since that meeting he had read :C ruling and the ruling states "that it is no longer mandatory for _ty to be the rule making body ". After some discussion, Mayor Jones said that unless it was unanimous thatthe Council adopt the new franchise removing the Council's rate reg- ulatory powers, he would like to defer action until the next meeting. There' was no further discussion or action. pri of in tan sale sell The alco', sale' of ayor Jones brought the Council up to date on the ruling regarding e clubs according to City Attorney Chandler and Mr. Riley Fletcher Texas Municipal League. Said ruling being "that if the State has tory powers, the City has none, unless it is specifically provided statutes. The City does not have the power to regulate the dis between private clubs and any facility. In a dry area where re- on of clubs is under the Private Club Act that the State has re- ry powers and the City has none. In a wet area the Alcoholic ge Code gives the City the authority to collect fees, to prohibit in residential area, put sales within 300 ft of anything and from g beer within the corporate limits and within a certain time period. coholic Beverage Commission rules that in a private club the lic beverages are owned by the membership, therefore, there is no ut a charge for use. following bids were received for one (1) 1977 Dodge Maxivan as per specifications: Superior Southwest Ltd .--------------------------- - - - - -- $17,447.00 Did not meet specs. Fire Fox Corporation ------------------------------------ $19,107.67 Met specs with some exceptions Springfield Equipment Company --------------------------- $19,650.97 Met specs with some exceptions Collins Industries -------------------------------------- $19,785.85 Met specs with some exceptions Prestige Vehicles, Inc .--------------------------- - - - - -- $17,708.00 Met specs with the exception of no exterior storage compartment. TERNATE BID: ---------------------------------------------- $16,608.00 Same as above except vehicle has fiberglass roof. TERNATE BID: ---------------------------------------------- $17,508.00 Base bid through Trinity E.M.S. Summers Ambulance Company- Primary Bid----- - - - - -- - - - - -- $17,988.53 Met specs with some exceptions TERNATE BID # 1 -------------------------------------------- $16,488.32 This is a used ambulance with 6,183 miles TERNATE BID # 2 -------------------------------------------- $19,494.53 This is a 1978 Ford Long Van and meets all specs TERNATE BID # 3 -------------------------------------------- $15,788.32 This is a 1977 Dodge Amliner which does not meet the majority of specs. ?ire Marshall Haley came before the Council to explain that he and City _strator Shelton had examined these bids and he recommended acceptance :her the Prestige Vehicles, Inc. bid or'Summers' bid as either one be a good ambulance. 67M a sp in Co of the Mr. H1aey did point out that Prestige Vehicles, Inc. had submitted i through Trinity E.M.S. which was the lower bid and did meet all Lfications, Mr. Haley also advised the Council that he and Mr. Shelton had taken s.e bids to County Judge Martin and the three of them had gone over m together. i Mr. Shelton advised that Judge Martin had said that the County was ling for the money for their participation but did not know where they e! going to get it, but they did not say yes or no as to their participation the purchase of the ambulance. i After considerable discussion, Councilman Ferguson moved, seconded by nicilman Hammett, that the City Council accept the bid submitted by stige Vehicles, Inc. not to exceed the amount of $17,508.00 when pur sied through Trinity E.M.S., conditioned on the County's participation one half the cost after the deduction of the amount contributed by the nity Emergency Medical Services. Motion carried unanimously. i i i !Councilwoman Heath reported that the committee recommends that the City er to exchange with Mr. Dan Malone the portion of E. Sherrill Street that s from Shapard Street east to the river for a pathway along the banks of river that could be used for a walking path or a Hike & Bike Trail. lAfter discussion, it was the consensus of the Council for the committee to go to Mr. Malone to see if he would accept the committee's recommendations or what his requirements are. !Mrs. Virginia Dorris came before the Council with a very informative report on the Planning and Zoning Seminar she had attended in Irving, Texas. In her report Mrs. Dorris pointed out some of the ethical and legal re- sponsibilities of the Planning & Zoning Commissioners and also some of the Council's responsibilities concerning the appointment and duties of any advipory board members. j us In her summary, Mrs. Dorris suggested that the Council consider ap- ing a Planning & Zoning Commission as one group and a Board Of Ad- ent as a separate group. Mayor Jones thanked Mrs. Dorris for her report and that her observations were well taken in some matters that the Council need to look into. � ;' C; YiC;' Ci CiC ;YiC'J:T;'C;Y \niCiC;Y;'C''iCi: iY;C;Y�iCn iC �C iC is :c :ekx;Y\1c Councilman McGee made the motion, seconded by Councilman Riggins, that the City Council cast their votes for the three nominees listed on the ballot for!Jhe Board of Trustees for the Texas Municipal League Workmen's Com- pensation Joint Insurance Fund. Motion carried unanimously. Mayor Jones explained that the Gulf States - United Telephone Company had proposed to lease the north 75' X 193.8 of city owned property which is located adjacent to their warehouse on McCart Street to be used for a parking area for their vehicles only. (In the discussion of this property, Councilman Chambers questioned the similarity of this request to the leasing of city property to Mr. Loyd Helm in a previous meeting. Mayor Jones advised that the property Mr. Helms was speaking of was a dedicated street which made the difference. for ce le or Jones suggested setting up a "Standard Operating Procedure" sale of streets, the leasing of city property, etc. there might be a legal problem on the five year lease and the pro - to follow, it was the consensus of the Council to defer action on of said property until the next meeting. pore of the Mr. John Boucher came before the Council with the request that a ion of Morningside Drive be closed and sold to him for the purpose onstructing a parking lot on the north portion and a building on remainder of Morningside Drive and a portion of the Lower Granbury , with the City to retain a 10 I utility easement. 1. This property being a portion of Morningside Drive out of Block 76, Morningside Subdivision, City of Stephenville, Texas. I Mr. Boucher explained that Morningside Drive is not and has never been used for street purposes. i j After considerable discussion, Mayor Jones appointed a committee of Councilmen Riggins, chairman, McGee and Ferguson to look at said property andlpossibly the Council could take action at the meeting to be scheduled next week. Mayor Jones asked that the committee check the utilities and what the potential use of this land might be. Mayor Jones also suggested making a preliminary step through the Planning Commission when there is a request for the sale of streets as there may be some things that need to be considered before clsoing and selling a street. 1%1%IV �c�C n;: Mayor Jones advised the Council that the option on the R. M. Savage 'r-o zp'e;rty' was coming due on December 26th and the Council needs to be thinking about what they want to do on this and take action at the next) meeting. i j (Councilwoman Heath stated that in checking the Juvenile Officer's monthly reports she did not feel that he was implementing the grant as it was intended. Mrs. Heath, after reading from the Juvenile Offier grant application said she did not feel that the Juvenile Officer was spending enough time in t�e outreach phase of the program and, in her opinion, the outreach program is equally as important as the investigations. That he should put together some type of package program dealing with drug abuse, rape and related problems to present to the schools, PTA meetings and any other type meetings in which he could get the information to the parents and children in a preventive type program. Also that he should make himself kno to the children so they would feel free to come to him when they have a problem. Mrs. .Heath also proposed the employment of a female police officer who, in addition to regular patrol duties, will specialize in rape prevention and investigation programs. Chief Watkins replied that as the Educational Grant had been turned down and money was not included in the budget for films, slides or other educational material, he did not have a very good program for presentation to schools or any type of meetings. However, he said he had ordered two films as of this date and he would see that there was more effort made in the outreach program. j (Chief Watkins said that as for the female officer was concerned, Mrs.' Sue Webb, dispatcher, was a certified officer and could be utilized in rope cases if needed. (There being no other business, Mayor Jones adjourned the meeting at 10:45 p.m. ecre NMI