HomeMy WebLinkAbout1983-07-05 - Regular City Council281
MINUTES OF THE CITY COUNCIL
OF THE
CITY OF STEPHENVILLE, TEXAS, HELD ON
TUESDAY, JULY 5, 1983 - 7:00 P.M.
The regular meeting of the City Council of the City of Stephenville was called to
order by the Mayor Pro Tem with the following members present:
Mayor Pro Tem John E. Pollan Comncilmembers: James L. McSwain
Councilmeicbers G. A. Swindle Ray Reynolds.
William G. Brede David. Clayton
and with the following members absent: Mayor Joe F. Cummings, Councilmen Charles
Riggins and Floyd Gordon.
City Administrator Kurt J. Ackermann, City Secretary Joyce Pemberton, City Attorney
Joseph Chandler, Director of Public Works R. Y. Gann, Police Chief Doug Cornier, Fire
Chief Larry May, Director of Utilities Danny Johnson, Director of Parks & Recreation
Ronnie Isham, and Purchasing Agent Betty Chew were present. Also attending were Gene
Morrison, Bill Tidwell, Max Tarbet, Carroll Lee, Rick Thompson, Ernest Gregory, Almeda
Pack, Sue Pack, Joyce Langford, Helen Martin, Virginia Dorris and others.
ITEM I: CONSIDER APPROVAL OF MINUTES OF JUNE 7, 1983.
Councilman Clayton moved approval of the minutes of the City Council meeting held
on the 7th day of June, 1983 as written. Councilman Swindle seconded the motion. The
motion carried by the following vote:
AYES: All members present voted aye.
NOES: None
TO REZONE. FROM
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Mrs. Helen Martin, Vice Chairwoman of the Planning & Zoning Commission, advised the
Council that the P & Z Commission had recommended approval of the request to rezone,
from R -2 to B -1, Lots lb and 2a, Block 1, Frey First Addition, located at.511 W. Frey
Street on a split vote.
Some of the P & Z Conan ssioners felt this was "spot zoning ". Also there was some
concern that Frey Street would become "another" W. Washington Street
Some of the P & Z CmmAssioners felt that as this property is adjacent to Industrial
zoned property from the Santa Fe railroad to Graham St. this zoning would be appropriate
and would be an improvement to the neighborhood.
Mayor Pro Tem. Pollan opened the floor for a Public Hearing.
Mrs. Almmeda Pack addressed the Council stating that they intended to establish an
antique shop at this location and so advised the adjacent property owners and did not
receive any opposition. Also that there is plenty of parking space on their adjacent
vacant lot.
Mrs. Virginia Dorris addressed the Council opposing said zoning change. Mrs. Dorris,
a member of the P & Z Commission, said she cast her negative vote on the P & Z Commission
not because of this business but because of her concern of the business growth on Frey
Street in the future.
Councilman Brede commented that he thought it would upgrade the property.
There being no one else present wishing to conment on this issue, Mayor Pro Tem. Pollan
closed the public hearing.
Councilman Swindle moved that Lots lb and 2a, Block 1, Frey First Addition, located
at 511 W. Frey Street, be rezoned from R -2 to B -1 as recomwnded by the P & Z Commission.
Councilman Brede seconded the motion. The motion carried by the following vote:
AYES: Councilmen Swindle, - Brede, Pollan, and Reynolds.
NOES: DauadiBman David Clayton
ABSTAINED: Councilman James McSwain
CONSIDER
ELI BURLESON TO
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Councilman Brede moved that Mr. John Burleson be appointed to Place 4 of the
Planning & Zoning Commission replacing Mr. Neil Hatch. Councilman Clayton seconded
the motion. The motion carried by the following vote:
AYES: All members present voted aye.
NOES: None
ITEM IV:
0
ET TO CONSTRUCT A
Mr. Max Tarbet addressed the Council stating that his request is not for a large
concrete mixing plant like Ingraml,s Ready -Mix. It is a small business for persons
wishing just a small amount of.concrete mixed. He said he just wanted to know what
zoning area this type of business would be in. In other cities they are located in
B -1 zoned areas or "Light Commercial".
After some discussion, it was the consensus of the Council to refer this to the
P & Z Commission for their recommendations.
ITEM V: CONSIDER PRELIMINARY PLAT OF PARK VIEW ADDITION.
After some discussion, Councilman Reynolds moved approval of the preliminary plat
of the Park View Addition with the changes and recommendations of the Planning & Zoning
Commission. Councilman Clayton seconded the motion. The motion carried by the following
vote:
AYES All members present voted aye.
NOES: None
10421'ui
STRICT TO
Mr. Jim Bachus addressed the Council stating that the CAD must have a building
with a vault and they believe it would be to their advantage to build their own:
building rather than rent one. If the city has any surplus property, they would
like to purchase it or get .a long -term lease.
After discussion, Mayor Pro Tem Pollan appointed the following corncilmembers
as a committee to study and examine the possibilities and report their findings to
the Council as soon as possible:
Ray Reynolds, Chairman
G. A. Swindle
James L. McSwain
ITEM VIZ CONSIDER REQUEST BY TSU TO CLOSE LILLIAN STREET FOR PURPOSES OF
Mr.. Gene Morrison from TSU and Mr. Gary Goldsmith with H & G Construction Co.
presented the request to close Lillian Street three (3) to four (4) weeks during
the construction of a utility -type tunnel for Tarleton State University to be used
in connection with construction of a new dormitory across the street from the main
building on TSU campus.
After discussion, it was the consensus of the Council to table this item for the
present to give the Council and Chief of Police time to study this request to see
if there might be an alternative to completely closing the street.
CONSIDER REQUEST BY TSU TO ACQUIRE 150 FEET OF TURNER STREET
Trmcm FACT nmi em r Tv '2 pg
City Administrator Kurt Ackermann advised that Tarleton State University would
like to purchase the 150 feet of Turner Street just east of St. Felix Street. To do
so the property would have to be survey and appraised. If the appraised value does
not exceed $1,000. it would be offered to the property owners on either side first.
If the appraised value exceeds $1,000. it would be put out for bids.
Mayor Pro Tem Pollan appointed the following Councilmembers as a committee to
study this and make recommendations to the Council:
283
Bill Brede, Chairman
John Pollan
David Clayton
ITEM IX: CONSIEER REQUEST FROM ERATH COUNTY FOR CITY TO PARTICIPATE IN
PAVING OF VALLEY GROVE ROAD.
Mayor Pro Tem. Pollan advised the Council that this is the road from Highway 281
to the wastewater treatment plant (4/10 of one mile). The city has two full -time
employees that use this road and the paving might help the wear and tear on city
vechiles. The approximate cost would be $2,000 to $3,000.
After some discussion, Mayor Pro Tem. Pollan appointed the following councilmembers
as a committee to check into this and make recomnendations to the Council:
G. A. Swindle, chairman
Floyd Gordon
Charles Riggins
ITEM X: HEAR
' •'tl
GREGORY TO LEASE
Councilman Clayton, reporting for the committee, said the committee recomnmends a
long -term lease at $200.00 per year for a ten (10) year period.
City Attorney Chandler advised the city would need to declare the street abandoned
and surveyed,! Then put out .for bids for lease for a stipulated period of time and at
that time, if Mr. Gregory is the successful bidder, a document will be prepared that
would entitle him to lease that street "for a period of ten (10) years at X number of
dollars according to the bid and in that document it would state that he would maintain
it for that period of time and revert back to the city at the end of the lease.
Mayor Pro Tem Pollan advised Mr. Gregory that the Council will abide by Mr. Chandler's
advice.and get the.street survey that gives the metes and bounds, then it will be put
up for bids.
ITEM XI: CONSIDER FOR FIRST READING PROPOSED WARNER -AMEX CABLE TV FRANCHISE.
Councilman Brede moved approval of the proposed Warner -Amex cable TV franchise
as presented on first reading. Councilman Swindle seconded the motion. The motion
carried by the following vote:
AYES: All members present voted aye.
NOES: None
ITEM XII: HEAR
WILLIS
CONSTRUCTION
Mr. C. Lynn Willis of Willis Engineering firm presented the proposal for Phase II
of the Waterworks Improvement Project.
After discussion, Councilman Reynolds moved approval of Phase II of the Waterworks
Improvement Project as presented. Councilman Clayton seconded the motion. The motion
carried by the following vote:
AYES: All members present voted aye.
NOES: None
ITEM XIII:
AS REQUIRED BY DEPARTMENT OF PUBLIC
Councilman Clayton moved passage and approval of the following ordinance:
[ORTO Tf� j
AN ORDINANCE ESTABLISHING A PROGRAM OF COMPREHENSIVE EMERGENCY MANAGEMENT
WHICH INCLUDES THE MITIGATION, PREPAREDNESS RESPONSE AND RECOVERY PHASES
OF CIVIL PREPAREDNESS; ACKNOWLEDGING THE OFFICE OF EMERGENCY MANAGEMENT
DIRECTOR; AUTHORIZING THE APPOINTMENT OF AN EMERGENCY MANAGEMENT COORDINATOR;
AND PROVIDING THE DUTIES AND RESPONSIBILITIES OF THOSE OFFICES; IDENTIFYING
AN OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS TO COPE WITH ALL PHASES
OF EMERGENCY MANAGEMENT WHICH THREATEN LIFE AND PROPERTY IN THE CITY OF
STEPHENVILLE; AUTHORIZING COOPERATIVE AND MUTUAL AID AGREEMENTS FOR RELIEF
WORK BETWEEN THIS AND OTHER CITIES OR COUNTIES AND FOR RELATED PURPOSES;
PROHIBITING UNAUTHORIZED WARNING AND ALL -CLEAR SIGNALS AND MAKING VIOLATIONS
A MISDEMEANOR PUNISHABLE BY FINE NOT TO EXCEED $200.00.
Councilman Brede seconded the motion. The motion carried by the following vote:
AYES: All members present voted aye.
NOES: None
ITEM XIV:
NEAT TO FINAL PLAT OF DALE AVENUE N
II
Director of Public Works R. Y. Gann advised the Council that the developer of the
Dale Avenue North Phase II Subdivision Kenneth Currier had requested permission to
alter the location of an easement from Lot 12, Block 5, to Lot 13, Block 5.
After some discussion, Councilman Clayton moved that the final plat of the Dale
Avenue North Phase II Subdivision be amended to release the old easement on Lot 12;
Block 5, and make a new easement on Lot 13, Block 5. Councilman Reynolds seconded
the motion. The motion carried by the following vote:
AYES: All members present voted aye.
NOES: None
ITEM XV: PURCHASING ITEMS FOR CONSIDERATION:
A. Councilman Swindle moved approval to purchase two (2) police patrol cars
from W. Blue Ford Co., Stephenville, Texas, (the only bidder) @$11,113.48 ea.
with total of $22,226.96. Councilman Clayton seconded the motion. the motion
carried by the following vote:
AYES: All members present voted aye.
NOES: None
B. Authority to invite bids for:
1. Councilman Reynolds move to authorize the Chief of Police to invite bids for
two (2) portable radios. Councilman Swindle seconded the motion. The
motion carried by the following vote;
AYES: All members present voted aye
NOES: None
2. Councilman Reynolds :roved to authorize the Fire Chief to invite bids for a
Type I ambulance. Councilman Brede seconded the motion. The notion carried
by the following vote;
AYES: All members present voted aye.
NOES: None.
There being no other business to come before the Council, the meeting adjourned
at 9:30 p.m.
o Tem John E. Pollan
ATTEST:
i ecret ary
284A
AN ORDINANCE ESTABLISHING A PROGRAM OF COMPREHENSIVE
EMERGENCY MANAGEMENT WHICH INCLUDES THE MITIGATION,
PREPAREDNESS RESPONSE AND RECOVERY PHASES OF CIVIL
PREPAREDNESS; ACKNOWLEDGING THE OFFICE OF EMERGENCY
MANAGEMENT DIRECTOR; AUTHORIZING THE APPOINTEMENT OF
AN EMERGENCY MANAGEMENT COORDINATOR; AND PROVIDING
THE DUTIES AND RESPONSIBILITIES OF THOSE OFFICES;
IDENTIFYING AN OPERATIONAL ORGANIZATION; GRANTING
NECESSARY POWERS TO COPE WITH ALL PHASES OF
EMERGENCY MANAGEMENT WHICH THREATEN LIFE AND PROPERTY
IN THE CITY OF STEPHENVILLE; AUTHORIZING COOPERATIVE
AND MUTUAL AID AGREEMENTS FOR RELIEF WORK BETWEEN THIS
AND OTHER CITIES OR COUNTIES AND FOR RELATED PRUPOSES;
PROHIBITING UNAUTHORIZED WARNING AND ALL -CLEAR SIGNALS``.
AND MAKING VIOLATIONS A MISDEMEANOR PUNISHABLE BY FINE
NOT TO EXCEED $200.00.
UIEPEAS, the City Council of.the City of Stephenville finds that the identi-
fication of potential hazards and the prevention of mitigation of their effects must
be an on -going concern of the City if the lives and property of the populace are to
be protected; and
WHEREAS, the City Council hereby declares that the preparation of a plan, and
the means for its implementation, for the protection of lives and property in the
City of Stephenville from natural or man.- caused disasters or threat thereof is
immediately essential; and
WHEREAS, the City Council further finds that in times of disasters which may
imperil the safety of the inhabitants of the City, or their property, it becomes
necessary to effectuate and place into operation the preconceived plans and pre-
parations with a minimum of delay; and
WHEREAS, the City Council finds, therefore, that the preparation, adoption,
and implementation of such plans are now imperative;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS:
Section 1. There exists the office of Emergency Management Director of the City
of Stephenville, which shall be held by the Mayor in accordance with state law.
(a). An Emergency Management Coordinator may be appointed by and serve at the
pleasure of the Director;
(b). The Director shall be responsible for conducting a program of comprehensive
emergency management within the city and for carrying out the duties and responsibilities
set forth in Section 4 of this ordinance. He may delegate authority for execution of
these duties to the Coordinator, but ultimate responsibility for such execution shall
remain with the Director.
Section 2. The powers and duties of the Director shall include an on -going survey
of actuaotential major hazards which threaten life and property within the city;
and an on -going program of identifying and requiring or recommending the implementation
of measures which would tend to prevent the occurrence or reduce the impact of such
hazards if a disaster did occur. As part of his responsibility in hazard mitigation,
the Director shall supervise the development of an emergency management plan for the
City of Stephenville, and shall recommend that plan for adoption by the City Council
along with any and all mutual aid plans and agreements which are deemed essential for
the implementation of such emergency management plan. The powers of the Director shall
include the authority to declare a state of disaster, but such action may be subject
to confirmation by the City Council at its next meeting. The duties of the Director
shall also include the causing of a survey of the availability of existing personnel,
equipment, supplies and services which could be used during a disaster, as provided
for herein, as well as a continuing study of the need for amendments and improvements
in the emergency management plan.
Section 3. The Mayor is hereby authorized to join with the County Judge of the
County oT_Era_tH and the mayors of the other cities in said county in the formation of
an Emergency Management Council for the County of Erath and shall have the authority
to cooperate in the preparation of a joint emergency management plan and in the ap-
pointment of a joint Emergency Management Coordinator, as well as all powers necessary
to participate in a county -wide program of emergency management insofar as said program
may affect the City of Stephenville.
MM
Section 4. The duties and responsibilities of the Emergency Management
Director shall include the following:
(a). The direction and control of the actual disaster operations of the
Stephenville Emergency Management organization as well as the training of Emergency
Management personnel.
(b). The determination of all questions of authority and responsibility that
may arise within the Emergency Management organization of the City.
(c). The maintenance of necessary liaison with other municipal, county,
district, state, regional, federal, or other Emergency Management organizations
(d). The marshaling, after declaration of a disaster as provided for above,
of all necessary personnel, equipment or supplies from any department of the City
to aid in the carrying out of the provisions of the emergency management plan.
(e). The issuance of all necessary proclamations as to the existence of a
disaster and the iinnediate operational effectiveness of the City of Stephenville
emergency management plan.
(f). The,issuance of reasonable rules, regulations or directives which are
necessary for the protection of life and property in the City of Stephenville. Such
rules and regulations shall be filed in the office of the City Secretary and shall
receive widespread publicity unless publicity would be of aid and comfort to the
enemy.
(g). The supervision of the drafting and execution of mutual aid agreements,
in cooperation with the representatives of the state and of other local political
subdivisions of the state, and the drafting and execution, if deemed desireable, of
an agreement with the county in which said city is located and with other municipalities
within the county, for the county wide coordination of Emergency Management efforts.
(h). The supervision of, and final authorization for the procurement of all
necessary supplies and equipment, including acceptance of private contributions which
may be offered for the purpose of improving Emergency Management within the City.
M. The authorizing of agreements, after approval by the City Attorney, for
use of private property for public shelter and other purposes.
Section 5. The operational Emergency Management organization of the City of
StePhen7a'Me--sBall consist of the officers and employees of the City so designated
by the Director in the emergency management plan, as well as all organized volunteer
groups. The functions and duties of this organization shall be distributed among
such officers and employees in accordance with the terms of the emergency management
plan. Such plan shall set forth the form of the organization, establish and designate
divisions and functions, assign tasks, duties and powers, and designate officers and
employees to carry out the provisions of this ordinance. Insofar as possible, the
form of organization, titles and terminology shall conform to the recomnendations of
the State Division of Emergency Management of the State of Texas and of the Federal
Government.
Section 6. Any unauthorized person who shall operate a siren or other device so
as to she a warning signal, or the termination of a warning, shall be deemed
guilty of a violation of this ordinance and shall be subject to the penalties imposed
by this ordinance.
Section 7. At all times when the orders, rules, and regulations made and prom-
ulgated pursuant to this ordinance shall be in effect, they shall supersede and over-
ride all existing ordinances, orders, rules, and regulations insofar as the latter
may be inconsistent therewith.
Section 8. This ordinance shall not be construed so as to conflict with any
State or FeEEra statute or with any military or naval order, rule, or regulation.
Section 9. This ordinance is an exercise by the City of its governmental functions
for the protection of the public peace, health, and safety and neither the City of
Stephenville, the agents and representatives of said City, nor any individual, receiver,
firm, partnership, corporation, association, or trustee, nor any of the agents thereof,
in good faith carrying out, complying with or attempting to comply with, any order,
rule, or regulation promulgated pursuant to the provisions of this ordinance shall be
liable for any damage sustained to persons as the result of said activity. Any person
owning or controlling real estate or other premises who voluntarily and without com-
pensation grants to the City of Stephenville a license of privilege, or otherwise permits
the City to inspect, designate and use the whole or any part or parts of such real estate
or premises for the purpose of sheltering persons during an actual, impending or
............... _....._
284C
or practice enemy attack shall, together with his successors in interest, if any,
not be civilly liable for the death of, or injury to, any person on or about such
real estate or premises tinder such license, privilege or other permission or for loss
of, or damage to, the property of such person.
Section 10. No person shall have the right to expend any public fiords of the
City in carrying out any Emergency Management activity authorized by this ordinance
without prior approval by the City Council, nor shall any person have any right to
bind the City by contract, agreement or otherwise without prior and specific approval
of the City Council.
Section 11. It shall be unlawful for any person willfully to obstruct, hinder,
or delay any member of the Emergency Management organization in the enforcement of
any rule or regulation issued pursuant to this ordinance, or to do any act forbidden
by any rule or regulation issued pursuant to the authority contained in this ordinance.
It shall likewise be unlawful for any person to wear, carry or display any emblem, insignia
or any other means of identification as a member of the Emergency Management organization
of the City of Stephenville, unless authority to do so has been granted to such person by
the proper officials. Convictions for violations of the provisions of this ordinance
shall be punishable by fine not to exceed Two Hundred Dollars ($200.00).
Section 12. Each employee or any individual that is assigned a function or
responsibility shall solemnly swear or affirm to support and defend the Constitution
of the United States, laws of the State of Texas and the Ordinances of the City of
Stephenville.
Section 13. If any portion of this ordinance shall, for any reason, be declared
invalid, such invalidity shall not affect the remaining provisions thereof.
Section 14. All ordinances, parts of ordinances, or resolutions in conflict
herewith are expressly repealed.
READ, APPROVED AND ADOPTED on first reading this the 5th day of July, 1983.
ATTEST:
ity ecretary
Mayor