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HomeMy WebLinkAbout1981-03-03 - Regular City CouncilREGULAR SESSION - TUESDAY MARCH 3, 1981 - 7:00 P.M. CHAMBER OF THE CITY COUNCIL CITY HALL, STEPHENVILLE, TEXAS The City Council of the City of Stephenville, Texas, met in Regular Session Tuesday, March 3, 1981 at 7:00 pm with Mayor Joe F. Cummings present and presiding. COUNCILMEMBERS PRESENT: Mike Leese W. M. Irwin William G. Brede Charles Riggins COUCILMEMBERS ABSENT: Larry Hammett OTHERS ATTENDING: Raymond Anderson E. W. Ferguson David Clayton City Administrator Kurt Ackermann City Secretary Joyce Pemberton City Attorneys Joseph and Randy Chandler Director of Finance Charlene Young Director of Public Works R. Y. Gann Chief of Police Mike Watkins Fire Marshall Kenneth Haley Water/Wastewater Plant Operator Jake Dunbar Mr. & Mrs L. J. Spikes Mr. Bob Stalnaker Members of the press and many others Mayor Cummings called the meeting to order and declared a quorum present. ITEM I: APPROVAL OF MINUTES Councilman Irwin moved, seconded by Councilman Leese, that the minutes of the meetings of February 3rd, loth, and 17th, 1981 be approved, subject to the following corrections: 1. February 3rd meeting - Item 6 - Paragraph 2 - corrected to read "In the meantime, the Higginbotham lot was developed behind the Senior Citizens Building for parking and this land was never used." 2. February loth meeting - Item 1 - Paragraph 3 - corrected to read "Mr. Gray and Mr. Chandler advised the Mayor and Council that the city could legally borrow the money from the local banks on a note only for the fiscal year. The motion carried unanimously. ITEM II: PUBLIC HEARING TO CONSIDER ZONING CHANGE ON BLOCK 79, CITY ADDITION, FROM B-1 to B-2. Mayor Cummings opened the floor for a public hearing and asked if anyone would like to speak to the Council either for or against changing the zoning on Block 79, City Addition, from B-1 to B-2. No one came forward. Mayor Cummings asked for comments from the Council. Councilman Brede commented that he did not think an entire block should be rezoned just to allow one mobil home on one lot. PA It was explained that to rezone one lot would be considered "spot zoning" which is not the accepted practice. After discussion, Councilman Irwin moved, seconded by Councilman Anderson, that Block 79, City Addition, be rezoned from B-1 to B-2 as recommended by the Planning & Zoning Commission. The motion carried unanimously. III: CONSIDER RECOMMENDATIONS FROM THE PLANNING & ZONING Councilman Irwin moved, seconded by Councilman Riggins, that the City Council accept the recommendation from the Planning & Zoning Commission that Blocks 26 and 27, South Side Addition, be rezoned from R-1 to R-2. Mayor Cummings, with the consent of the Council, set Tuesday, April 7, 1981 at 7:00 pm in Council Chambers as the date, time and place for a public hearing to consider the above stated zoning change. ITEM IV: COMMITTEE REPORT ON GARBAGE FRANCHISE AND LANDFILL GATE FAFS Councilman Brede reported that the committee after reviewing its data and discussing its proposals with the city staff and Mr. Bill Bledsoe, was submitting the following recommendations for Council consideration: 1. Effective the first Monday in April, April 6, 1981, all garbage pick-up will be curbside only. The public will be notified through notices placed in the newspaper shortly before the effective date. 2. The city shall retain 17,% of monthly gross receipts for garbage hauling billed by the city. This is a 22% increase of the current amount retained. 3. Gate fees for packer units to be increased from $1.00 per cubic yard to $1.50 per cubic yard. 4. City of Dublin gate fee to be increased from $1.00 per cubic yard to $2.00 per cubic yard for packer units. 5. All other landfill gate fees to remain the same. Councilman Brede advised that the 22% increase in the monthly gross receipts would give the city $7,000 more annually. The 50G increase per packer unit would give the city $4,000 more annually and the increase in the City of Dublin's charges, would be another $9,000 with a total increase in the city's revenues of approximately $20,000 which will be used to help offset the cost of operating the sanitary landfill. After discussion, Councilman Brede moved, seconded by Councilman Riggins, that the City Council accept and approve the above listed re- commendations as presented. Motion carried unanimously. Mayor Cummings commented that the city would really realize more than the $20,000 because they would not have the cost of..the upkeep of the allege used by the garbage trucks. eahementa+c(conn.ected in minutez ob 417181) V COMMITTEE REPORT SALE OF MCNEILL Councilman Brede reported that he had met with the Planning & Zoning Commission to discuss the sale of this property with them. The Commission had indicated that they did not have any specific recommendations for use of this property in the future: He said he reported this to the committee and, after discussion, the committee.recommends that the property not be sold. 102 After discussion, Councilman Brede moved, seconded by Councilman Ferguson, that the city owned property on East McNeill Street (Lots 1 and 4, Block 13, City Addition) not be sold at this time. Motion carried unanimously. ITEM VI: CONSIDER FOR AWARD, BIDS City Administrator Kurt Ackermann read the two bids received for a proposed second water well and pump as follows: 1.Layne-Texas Company ;Dallas, Texas a. Test Hole & Well -------------------------- $88,157. b. Deep Well Turbine Pump -------------------- $26,209. TOTAL----------- $11 ,366. 2. J. L. Myers Company, Dallas, Texas a. Test Hole & Well ------------------------ $ 73,540. b. Deep Well Turbine Pump ------------------ $ 24,705. TOTAL------------ 9 ,2 5. After discussion, Councilman Irwin moved, seconded by Councilman Clayton, that the contract for the second water well and pump be awarded to J. L. Myers Company, Dallas, Texas, on the low bid of $98,245. Motion carried unanimously, Mayor Cummings commented'. that, according to Conrad Callicoatte's calculations, this second well put the city's water situation about even, if the anticipated demand is about the same as last year. He said he would like for the Council to consider very carefully the possibility that the city may need to dig another well before the summer. Mayor Cummings directed Mr. Ackermann to put this on the April agenda and ask Mr. Callicoatte to be here for consultation on the possibilities. He said it was his opinion that water was one of the services the city is honor bound to provide. It will cost money, but we have to have it. ITEM VII;''DI'S'CUSS AMENDINGCERTAIN SECTIONS OF CHAPTER 4 City Administrator Kurt Ackermann explained that, in November, 1980, upon recommendation of the city staff, the Council passed an amendment to the Pool Hall License Ordinance establishing a fee of $50.00 per year for the license and $10,00 per table per year. Since that time, the staff has learned that there are certain limitations under state statutes as far as fees that can be imposed on pool halls, game rooms, etc. on billiard tables. To comply with state statutes, the ordinance should be amended to include a license fee of $10.00 per table per year and establish an occupation tax of $2.50 per table per year which will bring the fees to a total of $12.50 per table per year. ORDINANCE AN ORDINANCE REPEALING ORDINANCE PASSED ON NOVEMBER 11, 1980 BY THE CITY COUNCIL AND BEING SET OUT IN THE CITY COUNCIL MINUTES IN BOOK L AT PAGE 78A OF THE MINUTES OF THE CITY COUNCIL AND THEREIN SHOWN AS SECTIONS 4-10 AND 4-11 OF CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF STEPHENVILLE; AND ADDING TO CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF STEPHENVILLE, SECTIONS 4-10, 4-11, 4-12, AND 4-13 WHICH IMPOSE A LICENSE FEE TO BE PAID BY THOSE OPERATING A BILLIARD TABLE OR TABLES WITHIN THE CITY OF STEPHENVILLE AND LEVYING AN OCCUPATION TAX ON THOSE SO OPERATING BILLIARD TABLES WITHIN THE CITY OF STEPHENVILLE AND MAKING FAILURE TO PAY FEE AN OFFENSE AND PRO- VIDING A PENALTY THEREFOR; AND PROVIDING FOR FORFEITURE OF LICENSE UPON FAILURE TO PAY OCCUPATION TAX AND MAKING OPERATION AFTER SUCH FORFEITURE AN OFFENSE AND PROVIDING PENALTY THEREFOR. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: 102 A ORDINANCE REPEALING ORDINANCE PASSED ON NOVEMBER 11, 1980 BY THE CITY COUNCIL AND BEING SET OUT IN THE CITY COUNCIL MINUTES IN BOOK L AT PAGE78A OF THE MINUTES OF THE CITY COUNCIL AND THEREIN SHOWN AS SECTIONS 4-10 AND 4-11 OF CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF STEPHENVILLE; AND ADDING TO CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF STEPHENVILLE, SECTIONS 4-10, 4-11, 4-12 AND 4-13 WHICH IMPOSE A LICENSE FEE TO BE PAID BY THOSE OPERATING A BILLIARD TABLE OR TABLES WITHIN THE CITY OF STEPHENVILLE AND LEVYING AN OCCUPATION TAX ON THOSE SO OPERATING BILLIARD TABLES WITHIN THE CITY OF STEPHENVILLE AND MAKING FAILURE TO PAY FEE AN OFFENSE AND PROVIDING A PENALTY THEREFOR; AND PROVIDING FOR FORFEITURE OF LICENSE UPON FAILURE TO PAY OCCUPATION TAX AND MAKING OPERATION AFTER SUCH FORFEITURE AN OFFENSE AND PROVIDING PENALTY THEREFOR. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: Section One That certain ordinance passed by the City Council on November 11, 1980 and being set out in Volume L at page 78A , of the City Council Minutes and being designated as Sections 4-10 and 4-11 of Chapter 4 of the Code of Ordinances of the City of Stephenville is hereby repealed. Section Two There is hereby added and made a part of Chapter 4 of the Code of Ordinances of the City of Stephenville the following: Sec. 4-10. License Fee. There is hereby imposed on any person operating a billiard table or tables within the City of Stephenville an annual license fee of $10 for each table. This fee shall be paid at the time this ordinance becomes effective and shall be due and payable each 12-month period thereafter. This license fee shall be paid on both coin operated and non -coin operated billiard tables. Section Three There is hereby added and made a part of Chapter 4 of the Code of Ordinances of the City of Stephenville the following: Sec. 4-11. Occupation Tax. There is hereby levied on any person operating a billiard table or tables within the City of Stephenville an annual occupation tax on each table of $2.50 which shall be due and payable when this ordinance becomes effective and shall be due and payable each 12-month period thereafter. This occupation tax shall be payable on both coin -operated and non -coin -operated billiard tables. Section Four There is hereby added and made a part of Chapter 4 of the Code of Ordinances of the City of Stephenville the following: Sec. 4-12. Penalty for Failure to Pay License Fee. Any person operating a billiard table or tables within the City of Stephenville without having paid the license fee 102 provided herein shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not to exceed $200.00. Each day of such operation shall constitute a separate offense. Section Five There is hereby added and made a part of Chapter 4 of the Code of Ordinances of the City of Stephenville the following: Sec. 4-13. Penalty for Failure to Pay Occupation Tax. Any person operating a bilard table or tables within the City of Stephenville without having paid the occupation tax provided herein shall forfeit that person's license to operate any billiard table or tables within the City of Stephenville and the operation of any billiard table or tables after license thereon has been forfeited will con- stitute a misdemeanor by the person so operating and upon conviction thereof such person shall be subject to a fine of not to exceed $200.00. Each day of such operation shall constitute a separate offense. Section Six If any part of this ordinance or application thereof to any person or circumstance is declared invalid, such holding shall not affect the validity of the remaining portions of this ordinance. Section Seven This ordinance shall go into effect immediately from and after its publications, and it is so ordained. PASSED AND APPROVED this 3rd day of March 1981. Q;�2I Jo ummmin s g , Mayor E T: Gem it Secretary 103 Councilman Anderson moved, seconded by Councilman Irwin, that this ordinance amending Chapter 4 of the Code of Ordinances of the City of Stephenville with regard to billiard tables in the City of Stephenville be passed and approved. Motion carried unanimously. ITEM VIII: REPORT FROM WITH REGARD Fire Marshall Kenneth Haley advised that he had received only one bid for this highly specialized tool: 1. Texas Firefighters Equipment Co.--------------$8,840.00 New Braunfels, Texas Mr. Haley explained that inflation had increased the price for this tool by $2,800.00 over what he had budgeted. He said this bid does in- clude all the attachments. He advised the Council that this is the only company in the state to handle this tool. After a lengthy discussion, Councilman Irwin moved, seconded by Councilman Clayton, that the City Council authorize the purchase of the "Jaws of Life" extrication tool and negitiate with the county to see if they will pay their appropriate share. Motion carried unanimously. IX: REPORT FROM KENNETH HALEY REGARDING CITY' Fire Marshall Kenneth Haley reported that the city is in the process of updating its Civil Defense and Tornado Alert Systems. He advised that there will be a city-wide tornado drill on April 9, 1981. He said there have been two drills in the past and they have worked very well. These drills help the personnel become more familiar with their duties and equipment during an emergency. Mr. Haley made the following recommendations: 1. Increase the distance from 5 miles to 25 miles to sound the alarm if and when a tornado is sighted. 2. Have more trained spotters. 3. Need 3 more sirens in order to cover the city adequately. 4. Need more uniform communications to get the information to city officials when a tornado is sighted. 5, Need more information on safety preparedness given to the public - more coverage in the newspapers and on the radio. 6. Need more ways to alert the public when a tornado is sighted. 7. Need a booster station for NOAA weather station. 8, Need a new "Call List" for the National Weather Service and a central telephone number for citizens to call for information so as not to tie up the Fire Department and Police Department telephone lines when there is an emergency. The Mayor, Council, Mr. Haley and Mr. Bob Stalnaker from the Weather Bureau in Stephenville, discussed the above recommendations and the pro- blems encountered with the radar at the weather station and their chain Of communications - the fact that KSTV radio station closes early in evening. After a lengthy discussion, it was the consensus:of the Mayor and Council that Mr. Haley and Mr. Ackermann, along with Mr. Stalnaker and the Weather Emergency Preparedness Officer continue with the up- dating and improvements of the detection and alarm systems and with the public awareness plans. There being no other business to come before the Council, the meeting adjourned at 8:45 pm. —° M ayot ATTEST: y Yeeretary