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HomeMy WebLinkAbout1982-02-02 - Regular City Council1 l'7 MINUTES OF THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS, HELD ON TUESDAY, FEBRUARY 2, 1982 - 7:00 P.M. The regular meeting of the City Council of the City of Stephenville, Texas was called to order by the Mayor with the following members present: MEMBERS PRESENT Mayor Joe F. Cummings Councilman Raymond Anderson Councilman G. A. Swindle Councilman E. W. Ferguson Councilman W. M. Irwin Councilman Larry Hammett Councilman W. G. Brede Councilman David Clayton and with the following member absent: Councilman Charles Riggins. City Administrator Kurt Ackermann, City Secretary Joyce Pemberton, and City Attorney Joseph Chandler were also present. ITEM I: APPROVE MINUTES. Councilman Irwin moved approval of the minutes of the City Council meeting on January 5, 1982 as written. Councilman Clayton made the second. The motion carried by the following vote: AYES: All members present NOES: None PUBLIC HEARING ION FROM PLANNING AND Mr. Jeremy Curtoys, chairman of the Planning & Zoning Commission, reported recommended the change of zoning on Block 135, City Addition, because this property is almost completely surrounded by businesses now and this seemed to be the logical recommendation. Mayor Cummings opened the meeting for a Public Hearing for anyone to address the Council.regarding the above recommendation to change the zoning from R -2 to B -1 on Block 135, City Addition. No one addressed the Council regarding this zoning change and the Mayor closed the public hearing. Councilman Irwin moved that Block 135, City Addition, be rezoned from R -2 to B -1 as recommended by the Planning & Zoning Commission. Councilman Brede made the second. The motion carried by the following vote: AYES: All members present NOES: None ITEM III: FROM SORY BOARD Mr. Weldon Wolfe, representing Mr. W. R. Cooper, came before the Council requesting the Council to approve a 40' wide easement running from Mr. Cooper's north property line to the west end of Runway #3. Mr. Cooper's purchase of this property from Mr. Sewell is contingent upon the city's.granting ` of this:.request. In a written recommendation to the Council, Mr. Hugh Wolfe, chair- man of the Airport Advisory Board, stated the word "easement" should be changed to "access "; that said "access" shall be limited to the private. use of the owner of the subject property; and, that the owner of the sub- ject property should also be granted the right to improve a taxi - strip from his property to Runway #3. 1,7l S After a lengthy discussion, Councilman Swindle moved that the following changes be incorporated into Mr. Cooper's proposal: a. the word "easement" be changed to "access ". b. in condition #2, add "and any relocation expense" c. in condition #4, change the word "relocate" to "revoke ", and d. add a 5th condition, that the amount to be paid by the indi- vidual would be an equal amount to the tie -down fees. This to be reviewed by City Attorney Joseph Chandler. Councilman Clayton made the second. The motion carried by the following vote AYES: All members present NOES: None IV: HEAR REPORT OF POLICE. DOUG' Chief Conner reported the following changes /improvements in the operation of the animal shelter: 1. The 5 -day policy of disposing of the animals has helper in two ways - -- cuts down on number of dogs in shelter, therefore, cuts down on dirty pens, shortage of food and water, and reduces cost of feed bill. 2. Now keeping a record of date and description of animal brought to the shelter and the date, time and dispostion of animal. (owner claims - adopted - put to sleep). 3. Animal Control Officer does not believe he needs any help with euthanasia. 4. Now providing cat and puppy chow in addition to the regular food. 5. Now providing one pen for animals deposited at the shelter when an attendant is not present. Chief Conner commented that he felt the animal shelter was in good condition at this time. ITEM V: HEAR PROPOSED 750 TED Director of Utilities Danny Johnson gave a brief background of the need for additional elevated water storage. Mayor Cummings advised the Council he had asked Mr. C. Lynn Willis and Mr. Tony Plumlee of Willis Environmental Engineers, Inc. of Marble Falls to discuss the possibilities of an eleveated water storage tank. Mr. C. Lynn Willis advised the Council, among other things, that the estimated cost of a 750,000 gallon elevated storage tank would be approx- imately $600,000. with about one -half that amount if it did not have to be on legs. The higher the legs the more it would cost. Mr. Willis also advised there were advantages to two smaller tanks as opposed to one large tank. Mr, Willis said he would make a feasibility study regarding the location of said tank at no cost other than expenses. After a lengthy discussion, Councilman Anderson moved that the City retain the firm of Willis Environmental Engineers, Inc. to make a study toward the feasibility of locating a 750,000 gallon elevated water storage tank. Councilman Ferguson made the second. The motion carried by the following vote: AYES: All members present NOES; None 1!9 ITEM VI: HEAR REPORT FROM DIRECTOR OF PARKS & RECREATION 11nA1IT IT nnnOO IT Tnn nTTl 'A nMO nnTnTn TT 1n nnn Director of Parks & Recreation Ronnie Isham reported that the gift of the proposed "band shell" from the Cross Timbers Fine Arts Council would fit very well into the park plans. He said he did have a "band shell" in the future plans for the park. It would be very good for the musicals on July 4th and for concerts in the park. Mr. Isham said he highly recommended acceptance of the Fine Arts Council's gift. Councilman Clayton moved that the City accept, approve and endorse this project from the Cross Timbers Fine Arts Council. Councilman Hammett made the second. The motion carried by the following vote: AYES: All members present NOES: None VII: HEAR REPORT FROM DIRECTOR OF PARKS & RECREA Director of Parks & Recreation Ronnie Isham reported that, in checking with different companies, he had found he would need to "special order" containers described as follows: That would look good - be vandal proof top open on two sides so that trash would not blow out - 32 gallon size - bolted down - set up 22 inches from ground - container set inside 2" x 2" wood slats - would have a lock device and 'sell in lots of 10 @ pine $396.00 ea. fir $436.00 ea. redwood $438.00 ea. metal $260.00 ea. Mr. Isham said he would recommend one container in the middle of each block around the square (4) to start with. He said, if these worked well, maybe, the civic clubs and service clubs might like to purchase one /some containers on which the city could place a small nameplate stating who donated said container. After discussion, it was the consensus of the Mayor and Council for Mr. Isham to check with and speak to the service /civic clubs to see if they might be interested in purchasing some of the above described con- tainers. Also th check to see if someone locally could build the same type containers at a lower price.. ITEM VIII: CONSIDER APPLI MAXLICIA, INC. TO Maxine Dameron and Alicia Berry had submitted an application to add 10 trailer spaces to the existing Mobil Home Park at 1601 W. Swan St. Director of Public Works R. Y. Gann advised the Council that this plat does meet the ordinance requirements and he does recommend acceptance and approval of this application. After some discussion, Councilman Clayton moved to approve the ap- plication from Damber Maxlicia, Inc. for the additon of 10 trailer spaces to the Mobil Home Park at 1601 W. Swan St. Councilman Hammett made the second. The motion carried by the following vote: AYES: Councilmen Swindle, Irwin, Anderson, Ferguson, Hammett and Claytox NOES: None ABSTAINED: Councilman Brede. ITEM IX: CALL CITY OFFICERS ELECTION, APPOINT ELECTION JUDGES AND SET RATE OF PAY. Councilman Irwin moved that.the City Council call a City Officers Election for Saturday, April 3, 1982, for the purpose of electing four (4) councilmembers and a mayor. Mr. Curtis Anglin to serve as Election Judge and Mr. Raymon Pack to serve as Alternate Judge. The rate of pay to be #3.50 per hour and $25.00 extra for the Election Judge. Councilman Hammett made the second. The motion carried by the following vote AYES: All members present NOES: None 00 ITEM X: APPOINT CHARTER STUDY COMMITTEE Mayor Cummings, with the consent of the Council, appointed Linda Curtoys, chairperson, Virginia Dorris, Ross Musso, C. H. Maguire, Jr., Perry Elliott, Charles Riggins, and David Clayton as a Charter Study Committee. XI: HEAR REPORT FROM DIRECTOR OF PARKS & RECREA Director of Parks & Recreation Ronnie Isham reported that he was pro- posing a lease /purchase agreement to install lights and /or new lights at some of the ballfields in the city park.(McCleskey Field, LL Field, LL Optimist Field and BR Field). Mr. Isham cited persons being injured, decrease in cost of maintenace, decrease in cost of operation and the fact that he cannot get anyone to work on old lights as reasons for needing new lights at these fields. Mr. Isham said he has $10,000. in his budget toward this project. After a lengthy discussion, Mayor Cummings appointed the following committee to study this proposal and report their recommendations to the Council: Councilman W. M. Irwin, chairman, Raymond Anderson and David Clayton. XII: HEAR REPORT FROM BILL BREDE REGARDING PROPOSED MOBIL Councilman Brede reported that said proposed Mobil Home Ordinance was given to the Planning & Zoning Commission for their study and recom- mendations. He has not received a recommendation from them at this time„ therefore, he does not have anything to report at this time. COMMITTEE APPOINTMENTS: 1. FIRE DEPARTMENT A committee to study the need for a paid ire chie an the organizational structure of the fire dept. Councilman Riggins, Chairman Councilman Ferguson Councilman Clayton 2. A TRAFFIC STUDY r A committee to study the traffic congestion on W. Was ington St. and around the downtown square and any- where else they might see. Councilman Swindle, Chairman Councilman Brede Councilman Hammett There being no other business, the meeting adjourned at 9:15 p.m. May Joe F. Cummings ATTEST: 2C:LtOfSecretary ORDINANCE NO. AN ORDINANCE SUSPENDING THE EFFECTIVE DATE OF PROPOSED REVISIONS OF. RATES AND SCHEDULES OF TEXAS POWER & LIGHT COMPANY FOR 120 DAYS FROM MARCH 19, 1982; PROVIDING THAT THE RATES OF SAID PUBLIC UTILITY SHALL REMAIN UNCHANGED DURING THE PERIOD OF SUSPENSION; AND PROVIDING FOR NOTICE HEREOF TO SAID PUBLIC UTILITY; AND DECLARING AN EMERGENCY WHEREAS, Texas Power & Light Company heretofore, on February 12, 1982, filed with the Governing Body of this City a Statement of Intent and Petition for Authority to Change Rates for electric service provided by it within the corporate limits of the City and proposed that the revised schedules and rates become effective on March 19, 1982; and WHEREAS, the City Council is of the opinion that it is necessary to consider a large amount of data in connection with the request and that public hearings thereon are necessary and, consequently, that the proposed effective date of said revised schedule of rates should be suspended; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: Section 1 The effective date of the proposed revision of rates and schedules of Texas Power & Light Company for electric service within the City, heretofore filed on February 12, 1982, is hereby suspended for a period of 120 days from March 19, 1982. The reason for such suspension is to provide additional time for consideration of data, for the conduct of public hearings and for final determination of the propriety of the request for a rate increase. Section 2 The rates of Texas Power & Light Company for electric service within the City in effect on February 12, 1982 shall continue in force during the period of suspension as provided in Section 1. Section 3 The City Secretary is hereby directed, promptly after passage hereof, to furnish a copy of this Ordinance to Texas Power & Light Company. Section 4 An emergency exists necessitating the suspension of any rule requiring multiple readings of this Ordinance and all multiple readings of this Ordinance are hereby waived; this Ordinance shall take effect immediately upon its passage. PASSED AND APPROVED at a Regular meeting of the City Council of the City of Stephenville, Texas, on this the 2nd day of March, 1982. ayor ST: City Secretary APPROVED AS TO FORM AND LEGALITY: f" City Attorney LICENSE FOR PASSAGEWAY Whereas, the CITY OF STEPHENVILLE is the owner of the property presently occupied by the municipal airport being originally approximately 150 acres out of the Mathew Roberts Survey, Abstract 640, Erath County, Texas, as originally conveyed in Volume 280, page 289 and Volume 280, page 240, Deed Records, Erath County, Texas, and WHEREAS, Mr. W. R. Cooper desires to purchase an 8.25 acre tract of land out of the Mathew Roberts Survey, Abstract 640, from C. C. Swewll, which 8.25 acre tract lies adjacent and is contiguous to the airport property, and WHEREAS, Mr. Cooper desires to obtain from the City of Stephenville a 40 foot passageway for airplane of W. R. Cooper from his property to the nearest runway of said airport, provided the sale from Mr. Sewell to him is consummated, NOW, THEREFORE, in consideration of the payment by Mr. W. R. Cooper, his heirs and assigns, of the equivalent of the monthly tie down fee for each month the access is in effect, the City of Stephenville, by and through its Mayor, Joe Cummings, does hereby grant unto Mr. Cooper, his heirs and assigns, license for passage- way for access purposes from Mr. Sewell's property to Runway #3 upon the following conditions: 1. This license for passageway shall not become effective until a sale of the 8.25 acres from Mr. Sewell to Mr. Cooper has been consummated; 2. The location of this passageway shall be subject to the approval of the Airport Advisory Board of the City of Stephenville and any change or relocation thereof shall be subject to the approval of the Airport Advisory Board of the City of Stephenville. Upon failure to pay monthly fee above provided, the City Council may terminate this license for passageway. 3. Mr. Cooper, his heirs and assigns, will bear the expense of maintaining such passageway and re- locating said passageway. 4. This license for passageway shall be for the private use of W. R. Cooper, his heirs and assigns, and shall not be used in connection with any commercial use by the licensee his heirs and assigns. 5. The City of Stephenville reserves the right to revoke this license for passageway at such times that the City Council decides in its judgment such action is proper for the expansion, development or operation of the airport. -1- THEREFORE, subject to the above restrictions and reservations, the City of Stephenville, by and through its duly elected and empowered Mayor, Joe Cummings, does hereby grant, bargain and convey unto Mr. W. R. Cooper, his heirs and assigns, the following license for passageway: A 40 foot wide passageway running from Mr. Cooper's north property line to the west end of Runway #3. This license for passageway is for the benefit of and appurtenant to the following tract of land, or any portion thereof, in the County of Erath, State of Texas, described as follows: 8.25 acres out of the Mathew Roberts Survey, Abstract 640, Erath County, Texas, being the same land as described in warranty deed from H. E. Carey to C. C. Sewell in Volume 359, page 120, Deed Records of Erath County, Texas. IN WITNESS WHEREOF, the City of Stephenville has hereunto set its hand by and through its duly elected and empowered Mayor, JOE CUMMINGS, this Y& day of February, 1982. THE CITY OF STEPHENVILLE By J Cummings, Mayor STATE OF TEXAS COUNTY OF ERATH BEFORE ME,the undersigned, a notary public in and for the County and State aforesaid, personally appeared JOE CUMMINGS, Mayor of the City of Stephenville, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowl- edged to me that he executed the same for the purposes and consi- deration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This � day of February, 1982. Notary Public, State of Texas -2- RESOLUTION A RESOLUTION AND ORDER ESTABLISHING PROCEDURE FOR CITY OFFICERS' ELECTION WHEREAS, the laws of the State of Texas and the Charter of the City of Stephenville, provide that on April 3, 1982 there shall be elected the following officials for this City: Mayor 1 council member, Place 2 1 council member, Place _Z 1 council member, Place 6 1 council member, Place 8 WHEREAS, the laws of the State of Texas and the Charter of Stephenville, further provide that the Election Code of the State of Texas is applicable to said election, and in order to comply with said Code „ a resolution and order should be passed establishing the procedure to be followed in said election, and designating the voting places for said election. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: That all independent candidates at the election to be held on the first Saturday in April 19 82 for the above - mentioned offices file their application to become candidates with the Mayor of the City at the City Hall, 354 N. Belknap Street, Stephenville, Texas on or before the thirty -first day before the election, and that all of said applications shall be on a form as prescribed by the Election Code of the State of Texas. All candidates shall file with said application the loyalty affidavit required by Article 6.02 of the Election Code. That the Secretary of this City shall, in.accordance with the terms and provisions of Article 13.32 of the Election Code, post in her office the names of all candidates who have filed their appli- cations in accordance with the terms and provisions of this resol- ution and order, and said names shall be posted at a conspicuous place in said office according to law. The order in which the names of the candidates are to be printed on the ballot and shall be determined by a drawing by the City Secretary as provided by Article 6.05c, Subd. 3 of the Election Code. Said election shall be held at the following place in the City: 1. City Recreation Building, 378 W. Long Street. The City Secretary is hereby authorized and instructed to provide and furnish all necessary election supplies to conduct said election. The following named persons are hereby appointed officers for said election: Mr. Curtis Anglin will serve as Presiding Judge, and Mr. Ra on Pack will serve as Alternate Presiding Judge, and tFe Clerk s or t e election will be appointed by the Presiding Judge in a number not to exceed eight (8) clerks. The poll at the above designated polling place shall on said election day be open from 7:00 o'clock a.m. to 7:00 o'clock p.m. Mrs. Joyce Pemberton is hereby appointed Clerk for absentee voting. The absentee voting for the above - designated election shall be at City Hall, 354 N. Belknap Street, Stephenville, Texas and said place of absentee voting shall remain open for at least eight hours on each day for absentee voting which is not a Saturday, a Sunday, or an official State Holiday, beginning on the 20th day and continuing through the 4th day preceding the date of said election. Said place 7 of voting shall remain open between the hours of 8:00 a.m. and 5:00 p.m. on each day for said absentee voting. The above de- scribed place for absentee voting is also the absentee clerk's address to which ballot applications and ballots voted by mail may be sent. Said election shall be held in accordance with the Election Code of this State and only resident qualified voters of said City shall be eligible to vote at said election. The Mayor shall give notice of this election in accordance with the terms and provisions of Article 4.05 of the Election Code, and Article 29E of Vernon's Rev. Civ. Statutes and returns of said notice shall be made as provided in said Article 4.05, and the Mayor shall issue all necessary orders and writs for said election and returns of said election shall be made to the Council immediately after the closing of the polls. It is further found and determined that in accordance with the order of this governing body the Secretary posted written notice of the date, place and subject of this meeting on the bulletin board located in the City Hall, a place convenient and readily accessible to the general public, and said notice having been so posted and remaining posted continuously for at least 72 hours pre- ceding the scheduled time of said meeting. A copy of the return of said posting shall be attached to the minutes of this meeting and shall be made a part thereof for all intents and purposes. 82PASSED, APPROVED AND ADOPTED THIS the 2nd day of February, 19 . ATTEST: W — ty Xecretary