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HomeMy WebLinkAbout1982-04-06 - Regular City CouncilMINUTES OF THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS, HELD ON TUESDAY, APRIL 6, 1982.- 7:00 P.M. The xegular meeting of the City Council of the City of Stephenville, Texas, was called to order by the Mayor with the following members present: Mayor Joe F. Cummings Councilman G. A. Swindle Councilman W. G. Brede Councilman Charles Riggins and with the following members absent Councilman Raymond Anderson Coundilman E. W. Ferguson Councilman David Clayton W. M. Irwin and Larry Hammett. City Administrator Kurt Ackermann, City Secretary Joyce Pemberton, and City Attorney Joseph Chandler were present. ITEM I: 'APPROVE THE MINUTES. Councilman Swindle moved approval of the minutes of the City Council meeting held on the 2nd day of March, 1982, as written. Councilman Brede made the second. The motion carried by the following vote: AYES: All members present NOES: None ITEM II: CANVASS OF ELECTION RETURNS. Mayor Cummings appointed the following committee to canvass the returns of the City Officers Election held on the 3rd day of April, 1982: Councilman Charles Riggins, Chairman Councilman G. A. Swindle Councilman Raymond Anderson. Mayor Cummings read the report from the Canvassing Committee Chairman, Charles Riggins. Councilman Swindle moved adoption of the following Resolution: A RESOLUTION AND ORDER CANVASSING THE RETURNS AND DECLARING THE RESULTS OF A CITY OFFICERS ELECTION. Councilman Riggins made the second. The motion carried by the following vote: AYES: All members present NOES: None Entire Resolution recorded in minutes. The City Secretary gave the Oath of Office to the following: Mayor Joe F. Cummings City Council, Place 2 -John Pollan City Council, Place 4- William G. Brede City Council, Place 8 -David Clayton and they were seated in their respective places: ITEM III: CONS JEST BY WARNER -AMEX CABLE T� Mr. Rick Thompson, local manager of Warner -Amex Cable TV, presented a request for a $1.50 per month increase on the "basic charge" for cable television. After considerable discussion, Councilman Swindle moved to table this request at this time and put it into committee for further study. T90 Councilman Riggins made the second vote: AYES: All members present NOES: None The motion carried by the following Mayor Cummings appointed Councilmen Brede, chairman, Pollan and Swindle as a committee to study this rate increase request and report back to the Council with theirs:recommendations. ITEM IV: CONSIDER REQUEST FROM MR. WINDLE GRAHAM TO LEASE CITY PROPERTY AT'SOUTH GRAHAM STREET BRIDGE TO CONSTRUCT A GO' -CART' TRACK. - Mr. Windle Graham presented a request to lease 50 feet of city property adjacent to his property at 611 S. Graham Street for the pur- pose of constructing a Go -Cart track. Mrs. Anna Kuper addressed the Council opposing said Go -Cart track. Mrs. Kuper cited noise, dust and depreciation of property values as her reasons for opposing said track. Mrs. Kuper advised she had two letters from a doctor opposing said track because of the physical condition of two of his patients. Mrs.. Kuper also had a petition with 188 signatures opposing said Go,Cart track. Mrs. Margie Walker Nunn, Stormy Walker and Lee Dunson also addressed the Council opposing the Go-Cart track and citing the same reasons Mrs. Kuper gave. After discussion, Councilman Anderson moved to deny Mr. Graham's request to lease 50 feet of city property adjacent to 611 S. Graham Street. Councilman Riggins made the second. The motion carried by the following vote: AYES: All members present NOES: None ITEM V: CONSIDER MOBIL HOME -'ARK APPLICATION BY MR. LYNN TURNEY Mr. R. Y. Gann, Director of Public Works, advised the Council that Mr. Turney's application is, generally, in compliance with the city code. Mr. Gann said he did recommend a 25 foot cul -de -sac at the south westerly end of each street within the Mobile Home Park for turn around space for fire trucks and garbage trucks, etc. Councilman Swindle moved acceptance of Mr. Turney's application pro- vided he build a 25 foot cul -de -sac at the south westerly end of each street as recommended by Mr. Gann. Councilman Clayton made the second. The motion carried by the following vote: AYES: All members present NOES: None ITEM VI: CONSIDER ORDINANCES RESTRICTING SALE OF ALCOHOLIC BEVERAGES IN CITY. After some discussion, Councilman Anderson moved passage of the following ordinance: AN ORDINANCE PROHIBITING SALE OF ALCOHOLIC BEVERAGES BY A DEALER WHOSE PLACE OF BUSINESS IS WITHIN 300 FEET OF A CHURCH, PUBLIC SCHOOL, OR PUBLIC HOSPITAL WITHIN THE CITY LIMITS OF THE CITY OF STEPHENVILLE, PROVIDING FOR MEASUREMENT OF SUCH DISTANCE AND PROVIDING FOR PENALTY FOR VIOLATION. Councilman Swindle made the second. The motion carried by the following vote: AYES: All members present NOES: None Entire Ordinance recorded in minutes. V TABULATION SHEET FOR OFFICIAL CANVASS OF VOTES CAST IN THE CITY OFFICERS, ELECTION IN THE CITY OF STEPHENVILLE, COUNTY OF ERATH, TEXAS ON APRIL 3, 1982 CANDIDATES & POSITION MAYOR Joe F. Cummings Write -ins TOTAL VOTES CAST CITY COUNCIL, PLACE 2: Larry Hammett John E. Pollan Write -ins TOTAL VOTES CAST CITY COUNCIL, PLACE 4: William G. Brede Ross J. Musso Write -ins TOTAL VOTES CAST VOTES CAST. TOTAL /) 1d�L 3 CITY COUNCIL, PLACE 6: Ray Reynolds W. M. (Bill) Irwin Write -ins TOTAL VOTES CAST A9 S CITY COUNCIL, PLACE 8: David Clayton3 Write -ins TOTAL VOTES CAST airman o anvassing Committee RESOLUTION A RESOLUTION AND ORDER CANVASSING THE RETURNS AND DECLARING THE RESULTS OF A CITY OFFICERS' ELECTION There came on to be considered the held on the 3rd day of April, 1982, for the hereinafter named officials, and it duly and legally made, that there were valid and legal votes; that each of the received the following votes: FOR MAYOR: returns of an election the purpose of electing appearing from said returns, cast at said election 1,077 candidates in said election Joe F. Cummings-- - - - - -- -954 Write - ins---------- - - - - -- 2 COUNCIL. PLACE 2: Larry Hammett---- - - - - -- -505 John E. Pollan--- - - - - -- -548 CITY COUNCIL, PLACE 4: William G. Brede -------- 525 Ross J. Musso ----------- 523 COUNCIL. PLACE 6: Ray Reynolds----- - - - - -- -656 W. M. (Bill) Irwin - - - -- -395 CITY COUNCIL, PLACE 8: David Clayton----------- 937 Write- in---------- - - - - -- 1 NOW', THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: That said election was duly called; that notice of said election was given in accordance with law, and that said election was held in accordance with law, and that Joe F. Cummings was duly elected Mayor; that John E. Pollan was duly elected to Council, Place 2; that William G. Brede was duly elected to Council, Place 4; that Ray Reynolds was duly elected to Council, Place 6; that David Clayton was duly elected to Council, Place 8. Said above -named parties are hereby declared duly elected to said respective offices, subject to the taking of their oaths of office as provided by the laws of the State of Texas and the.Charter of the City of Stephenville. It is further found and determined that in accordance with the order of this governing body that the City 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 to the public, and said notice having been so posted and remaining posted continuously for at least 72 hours preceding the date of this meeting. PASSED, ADOPTED AND APPROVED THIS 6th day of April, 1982. �i �.. Jo +, Cummings, Mayor ATTEST: V it Secretary' AN ORDINANCE PROHIBITING THE SALE OF ALCOHOLIC BEVERAGES BY A DEALER WHOSE PLACE OF BUSINESS IS WITHIN 300 FEET OF A CHURCH, PUBLIC SCHOOL, OR PUBLIC HOSPITAL WITHIN THE CITY LIMITS OF THE CITY OF STEPHENVILLE, PROVIDING FOR MEASURE- MENT OF SUCH DISTANCE AND PROVIDING FOR PENALTY FOR VIOLATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: Section One The sale of alcoholic beverages within the city limits of the City of Stephenville by a dealer whose place of business is within 300 feet to a church, public school or public hospital is hereby prohibited and declared to be unlawful. Section Two The measurement of the distance of 300 feet shall be along the property lines of the street fronts and from front door to front door and in direct line across intersections. Section Three Any person found guilty of violating the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not exceeding $200.00. Each day that any such violation may occur shall constitute a separate offense. Section Four This ordinance shall go into effect immediately from and after its passage and publication as provided by law. PASSED AND APPROVED this 6th day of April , 1982. M or TEST: City Secretary A true and correct copy of the above and foregoing ordinance was published in the Stephenville Empire - Tribune a newspaper of general circulation on the 9th day of April , 1982. WITNESS my hand this 9th day of April , 1982. Q � A.' 0 � /I J ity Secretary AN ORDINANCE PROHIBITING AND MAKING IT UNLAWFUL TO STOP, STAND OR PARK A VEHICLE ON ANY PART OF THE NORTH SIDE AND ON ANY PART OF THE SOUTH SIDE OF EAST WASHINGTON STREET FROM THE INTERSECTION OF SAID STREET WITH THE EAST CITY LIMIT LINE OF SAID CITY ON THE NORTH AND SOUTH LINES OF SAID STREET A DISTANCE OF 858 FEET RUNNING WESTERLY FROM SAID CITY LIMIT LINE AND PROVIDING A PEN- ALTY FOR VIOLATION OF THIS ORDINANCE AND WHICH ORDINANCE SHALL BE SECTION 13 -14 OF THE CODE OF ORDINANCES OF THE CITY OF'STEPHENVILLE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: Section One The stopping, standing or parking of a vehicle by any person on any part of the north and on any part of the south side of East Washington Street from the intersection of said street with the east city limit line of said city on the north and south lines of said street a distance of 858 feet running westerly from said city limit line is hereby prohibited and declared to be unlawful. This ordinance shall Ordinances of the City of Any person convicted guilty of a misdemeanor a exceed $200.00. Section Two be incorporated into the Code of Stephenville as Section 13 -14 thereof. Section Three of violating this ordinance shall be id shall be subject to a fine of not to Section Four This ordinance shall go into effect immediately from and after its passage and publication as provided by law. PASSED and APPROVED this 6th day of April, 1982. yor ATTEST: 2N6 City Secretary A true and correct copy of the above and foregoing ordinance was published in the Stephenville 'Empire- Tribune, a newspaper of general circulation on the 9th day of April, 1982. WITNESS my hand this 9th day of April, 1982. ].91 It was the consensus of the Council to table a proposed ordinance creating a "B -4" zoning district until the called meeting on April 13, 1982 at 3:00 p.m. ITEM VII: CONSIDER ORDINANCE After some discussion, Councilman Swindle moved adoption of the following ordinance: AN ORDINANCE PROHIBITING AND MAKING IT UNLAWFUL TO STOP, STAND., OR PARK A VEHICLE ON ANY PART OF THE NORTH SIDE AND ON ANY PART OF THE SOUTH SIDE OF EAST WASHINGTON STREET FROM THE INTERSECTION OF SAID STREET WITH THE EAST CITY LIMIT LINE OF SAID CITY ON THE NORTH AND SOUTH LINES OF SAID STREET A DISTANCE OF 858 FEET RUNNING WESTERLY FROM SAID CITY LIMIT LINE AND PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE AND WHICH ORDINANCE SHALL BE SECTION 13 -14 OF THE CODE OF ORDINANCES OF THE CITY OF STEPHENVILLE. Councilman Riggins made the second vote: AYES: All members present NOES: None The motion carried by the following ITEM VIII: HEAR REQUEST FROM FIRE MARSHAL KENNETH HALEY ADDITIONAL EQUIPMENT IN THE FIRE DEPARTMENT. Fire Marshal Kenneth Haley presented a request for the following equipment not included in the present budget: 1. Tester for Regulators -- e-------------------------- - - - - -$ 900.00 2. Kit to change Regulatorsnpressure demand 11 @$80.ea. - - -$ 880.00 3. Four additional breathing apparatus @$900.ea.---- - - - - -- $3,600.00 4. Four reserve bottles @$ 150 .ea.-------------------- - - - - -$ 600.00 5. Protective clothing suits 19 @$400.ea.----------- - - - - -- $7,600.00 6. Two ladders (1 -35' and 1. 12') -------------------------- $ 950.00 T17,530.00 City Administrator Kurt Ackermann advised that, if the Council wants to authorize bids, they will need to identify some budget sources. In effect, will have to amend the budget. After discussion, Councilman Swindle moved to authorize Mr. Haley to invite bids on all items listed above. Councilman Pollan made the second.. The motion carried by the following voter AYES; All members present NOES: None ITEM TX; 'BID ITEMS FOR COUNCIL ACTION A. Director of Utilities Danny Johnson presented the following bids for an air compressor, as per specs, for the Water Department: 1, Smith Diesel ---------------------------- $14,015.00 2, Big Three Ind --------------- - - - - -- $12,945.00 3. P.A. Ross Mach .------------------- - - - - -- $11,887.00 4. Shramm Inc .----------------------- - - - - -- $14,592.80 Councilman Clayton moved that the bid for the portable air compressor be awarded to P. A. Ross Machinery for the low bid of $11,887.00. Council- man Ferguson made the second. The motion carried by the following vote: AYES: All members present NOES: None / B. Director of Purchasing Betty Chew presented the following bids for a dump truck for the Street Departments 1. Bruner Chevrolet Co. 1982 dump truck -with bed-with trade -------------- $13,990.30 without bed -with trade----- - - - - -- $10,545.30 with bed - without trade----- - - - - -- $16,490.30 without bed - without trade-- - - - - -- $13,045.30 2. Harbin Motors 1982 dump truck -with bed -with trade -------------- $13,389.91 without bed -with trade----- - - - - -- $10,064.00 with bed - without trade----- - - - - -- $16,389.91 without bed - without trade-- - - - - -- $13,064.00 3. Wayne Blue Ford 1982 Dump truck -with bed -with trade -------------- $13,099.00 without bed -with trade------ - - - - -$ 9,949.00 with bed - without trade----- - - - - -- $16,599.00 without bed - without trade-- - - - - -- $13,449.00 Councilman Brede moved that the bid for one 1982 dump truck, with bed, with trade, be awarded to Harbin Motor Co, for the bid of .$13,389.91 as recommended by Mr. Gann. Councilman Swindle made the second. The motion carried by the following vote: AYES: All members present NOES: None ITEM X: HEAR STATUS REPORT FROM FIRE COMMITTEE Councilman Riggins reported that the committee had met. They asked the City Administrator to do some research for them and have not been able to get back togehter. He said the committee has not forgotten it and will have a report at the next regular meeting. ITEM XI: DISCUSSION ON HARBIN DRIVE EXTENSION PROJECT Director of Public Works R. Y. Gann reported that the Street Department has done some clearing of brush in this area. Mr. Gann said it was his opinion from previous council meetings that the intention was to take the land purchased from Tarleton and go all the way to Swan St. at this time and whenever funds became available to go some way into the South Loop which would only be about 12 blocks from the South Loop. Mayor Cummings commented that the city would benefit by opening this up as some property would become available at that time. EXECUTIVE SESSION Mayor Cummings announced that the Council would go into executive session for the purpose of discussing pending or contemplated litigation. Councilman Anderson moved that the Council study the proposed ordinance creating a "Br4" zoning district and call a meeting for Tuesday, April 13, 1982 at 3;00 p.m. to decide whether or not to turn this proposed ordinance over to the Planning & Zoning Commission for their study and recommendations. Councilman Clayton made the second. The motion carried by the following vote: AYES: All members present NOES: None There being no other business to come before the Council, Mayor Cummings adjourned the meeting at 9 :15 p.m, ; 'T I ;ts 76r Joe F. Cummings