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HomeMy WebLinkAbout2020-11-03 - Regular City CouncilTE*AS REGULAR CITY COUNCIL MEETING City Hall Council Chambers, 298 West Washington Street Tuesday, November 03, 2020 at 5:30 PM MINUTES The City Council of the City of Stephenville, Texas, convened on Tuesday, November 03, 2020, at 5:30 PM, in the City Hall Council Chambers, 298 West Washington Street, forthe purpose of Regular Council Meeting and Council Work Session, with the meeting being open to the public and notice of said meeting, giving the date, time, place and subject thereof, having been posted as prescribed by Chapter 551, Government Code, Vernon's Texas Codes Annotated, with the following members present, to wit: COUNCIL PRESENT: Mayor Doug Svien Mayor Pro Tern / Council Member Place 1 Mark McClinton Council Member Place 2 Justin Haschke Council Member Place 3 Nick Robinson Council Member Place 4 Brady Pendleton Council Member Place 5 Ricky Thurman Council Member Place 6 Alan Nix Council Member Place 8 Brandon Huckabee Council Member Place 7 Gerald Cook OTHERS ATTENDING: Allen L. Barnes, City Manager Staci L. King, City Secretary CALL TO ORDER Mayor Svien called the meeting to order at 5:30 p.m. REGULAR AGENDA 1. Citizens' General Discussion No one came forward to address the council. 2. Final Reading of an Ordinance Granting to Atmos Energy Corporation a Franchise to Construct, Maintain, and Operate Pipelines and Equipment in the City of Stephenville, Texas for the Transportation, Delivery, Sale, and Distribution of Gas In, Out Of, and Through Said City for all Purposes Allen Barnes, City Manager, read the caption of the ordinance. 3. Consider Approval of an Ordinance Granting to Atmos Energy Corporation a Franchise to Construct, ^ Maintain, and Operate Pipelines and Equipment in the City of Stephenville, Texas for the Transportation, Delivery, Sale, and Distribution of Gas In, Out Of, and Through Said City for all Purposes Regular City Council Meeting Minutes — November 03, 2020 Page / 1 MOTION by Justin Haschke, second by Gerald Cook to approve Ordinance No. 2020-0-33 granting a franchise to Atmos Energy Corporation. MOTION CARRIED by unanimous vote. PLANNING AND ZONING COMMISSION Steve Killen, Director of Development Services 4. PUBLIC HEARING Case No.: RZ2020-010 Applicant John Drennan is requesting a rezone of property located at 830 Alexander Rd., Lot 22, Block 35, and 0 Alexander Rd., Lot 38, Block 35, of the South Side Addition, to the City of Stephenville, Erath County, Texas, from (R-1) Single Family and (R-3) Multiple Family to (B-2) Retail and Commercial Business. Steve Killen, Director of Development Services, briefed the council on the rezone. Mayor Svien opened the public hearing. No one came forward to address the council. Mayor Svien closed the public hearing. 5. Consider Approval of an Ordinance Rezoning the Properties Located at 830 Alexander Road, Being Lot 22, Block 35, and 0 Alexander Road, Being Lot 38, Block 35 of the South Side Addition, to the City of Stephenville, Erath County, Texas, from Single -Family Residential District (R-1) and Multiple Family Residential District (R-3) to Retail and Commercial Business District (B-2). MOTION by Brady Pendleton, second by Ricky Thurman, to approve Ordinance No. 2020-0-34 rezoning the properties located at 830 Alexander Road and 0 Alexander Road from Single -Family Residential District (R-1) and Multiple Family Residential District (R-3) to Retail and Commercial Business District (B-2) contingent upon the replat of the property. MOTION CARRIED by unanimous vote. 6. PUBLIC HEARING Case No. RZ2020-011 Applicant is Requesting a Rezone of the Property Located at 422 South Lillian, Being Lots 5, 6, 7, and 8, Block 8, of the South Side Addition, to the City of Stephenville, Erath County, Texas, from Industrial District (1) to Planned Development District (PD). Steve Killen, Director of Development Services, briefed the council on the rezone. Mayor Svien opened the public hearing. No one came forward to address the council. Mayor Svien closed the public hearing. 7. Consider Approval of an Ordinance Rezoning the Property Located at 422 S Lillian, Being Lots 5, 6, 7, and 8, Block 8, of the South Side Addition to the City of Stephenville, Erath County, Texas, from Industrial District (1) to Planned Development District (PD). Motion by Mark McClinton, second by Brandon Huckabee, to approve Ordinance No. 2020-0-35 rezoning the property located at 422 S. Lillian from Industrial District (1) to Planned Development District (PD). MOTION CARRIED by unanimous vote. Regular City Council Meeting Minutes — November 03, 2020 Page / 2 8. PUBLIC HEARING Case No.: SV2020-009 Applicant is Requesting a Waiver from City of Stephenville Code of Ordinances Section 155.6.11 — Sidewalk Requirements at 3130 West Washington, Being Lot 2, Block 1 of the Excels Addition to the City of Stephenville, Erath County, Texas Steve Killen, Director of Development Services, briefed the council on the waiver request. Mayor Svien opened the public hearing. No one came forward to address the council. Mayor Svien closed the public hearing. 9. Consider Approval of a Waiver from City of Stephenville Code of Ordinances Section 155.6.11 — Sidewalk Requirements at 3130 West Washington, Being Lot 2, Block 1 of the Excels Addition to the City of Stephenville, Erath County, Texas MOTION by Ricky Thurman, second by Brandon Huckabee, to approve a waiver from City of Stephenville Code of Ordinances Section 155.6.11 —Sidewalk Requirements at 3130 West Washington. MOTION CARRIED by unanimous vote. 10. PUBLIC HEARING Case No.: SV2020-010 Applicant is requesting a Waiver from the City of Stephenville Code of Ordinances Section 155.6.11 — Sidewalks at 1961 N Dale, being Lot 2, Block 1 of the Green Acres Addition to the City of Stephenville, Erath County, Texas Steve Killen, Director of Development Services, briefed the council on the waiver request. Mayor Svien opened the public hearing. Vince Daddio spoke in favor of the waiver. No one spoke in opposition to the waiver Mayor Svien closed the public hearing. 11. Consider Approval of a Waiver from Section 155.6.11 — Sidewalks of the City of Stephenville Code of Ordinance for the Property Located at 1961 N Dale, Being Lot 2, Block 1 of the Green Acres Addition of the City of Stephenville, Erath County, Texas MOTION by Gerald Cook, second by Mark McClinton, to deny the waiver. MOTION FAILED by the following votes: Ayes: Mark McClinton, Justin Haschke, Alan Nix, Gerald Cook Noes: Nick Robinson, Brady Pendleton, Ricky Thurman, Brandon Huckabee, Doug Svien MOTION by Brady Pendleton, second by Nick Robinson to approve a waiver from Section 155.6.11— Sidewalks of the City of Stephenville Code of Ordinance for the Property Located at 1961 N Dale. MOTION CARRIED by the following votes: Ayes: Nick Robinson, Brady Pendleton, Ricky Thurman, Brandon Huckabee, Doug Svien Noes: Mark McClinton, Justin Haschke, Alan Nix, Gerald Cook Regular City Council Meeting Minutes — November 03, 2020 Page / 3 12. PUBLIC HEARING Case No. SV2020-011 Applicant is Requesting a Waiver from the City of Stephenville Code of Ordinances Section 155.6.04.M(1) - Curb and Gutter Options at 1961 N Dale, Being Lot 2, Block 1 of the Green Acres Addition to the City of Stephenville, Erath County, Texas. Steve Killen, Director of Development Services, briefed the council on the waiver request. Mayor Svien opened the public hearing. No one came forward to address the council. Mayor Svien closed the public hearing. 13. Consider Approval of a Waiver from the City of Stephenville Code of Ordinances Section 155.6.04.M(1) - Curb and Gutter Options at 1961 N Dale, Being Lot 2, Block 1 of the Green Acres Addition to the City of Stephenville, Erath County, Texas. MOTION by Mark McClinton, second by Nick Robinson, to approve a waiver from the City of Stephenville Code of Ordinances Section 155.6.04.M(1) - Curb and Gutter Options at 1961 N Dale. MOTION CARRIED by majority vote, with Alan Nix voting against. 14. PUBLIC HEARING Case No.: SV2020-012 Applicant is requesting a Waiver from the City of Stephenville Code of Ordinances Section 155.6.11 — Sidewalks 1949 N Dale, Being Lot 3, Block 1 of the Green Acres Addition to the City of Stephenville, Erath County, Texas Steve Killen, Director of Development Services, briefed the council on the waiver request. Mayor Svien opened the public hearing. No one came forward to address the council. Mayor Svien closed the public hearing. 15. Consider Approval of a Waiver from the City of Stephenville Code of Ordinances Section 155.6.11 — Sidewalks 1949 N Dale, Being Lot 3, Block 1 of the Green Acres Addition to the City of Stephenville, Erath County, Texas MOTION by Brandon Huckabee, second by Nick Robinson, to approve a waiver from the City of Stephenville Code of Ordinances Section 155.6.11 —Sidewalks 1949 N Dale. MOTION CARRIED by the following votes: Ayes: Nick Robinson, Brady Pendleton, Ricky Thurman, Brandon Huckabee, Doug Svien Noes: Mark McClinton, Justin Haschke, Alan Nix, Gerald Cook 16. PUBLIC HEARING Case No.: SV2020-013 Applicant is Requesting a Waiver from the City of Stephenville Code of Ordinances Section 155.6.04.M(1) - Curb and Gutter Options at 1949 N Dale, being Lot 3, Block 1 of the Green Acres Addition to the City of Stephenville, Erath County, Texas. Steve Killen, Director of Development Services, briefed the council on the waiver request. Regular City Council Meeting Minutes — November 03, 2020 Page / 4 Mayor Svien opened the public hearing. No one came forward to address the council. Mayor Svien closed the public hearing. 17. Consider Approval of a Waiver from the City of Stephenville Code of Ordinances Section 155.6.04.M(1) - Curb and Gutter Options at 1949 N Dale, being Lot 3, Block 1 of the Green Acres Addition to the City of Stephenville, Erath County, Texas. MOTION by Justin Haschke, second by Mark McClinton to approve a waiver from the City of Stephenville Code of Ordinances Section 155.6.04.M(1) - Curb and Gutter Options at 1949 N Dale. MOTION CARRIED by majority vote, with Alan Nix voting against. 18. PUBLIC HEARING Case No. SV2020-014 Applicant is Requesting a Waiver from the City of Stephenville Code of Ordinances Section 155.6.11 — Sidewalks at 1937 N Dale, being Lot 4, Block 1 of the Green Acres Addition to the City of Stephenville, Erath County, Texas Steve Killen, Director of Development Services, briefed the council on the waiver request. Mayor Svien opened the public hearing. No one came forward to address the council. Mayor Svien closed the public hearing. 19. Consider Approval of a Waiver from the City of Stephenville Code of Ordinances Section 155.6.11 — Sidewalks at 1937 N Dale, being Lot 4, Block 1 of the Green Acres Addition to the City of Stephenville, Erath County, Texas MOTION by Brandon Huckabee, second by Nick Robinson to approve a waiver from the City of Stephenville Code of Ordinances Section 155.6.11 — Sidewalks at 1937 N Dale. MOTION CARRIED by the following votes: Ayes: Nick Robinson, Brady Pendleton, Ricky Thurman, Brandon Huckabee, Doug Svien Noes: Mark McClinton, Justin Haschke, Alan Nix, Gerald Cook 20. PUBLIC HEARING Case No.: SV2020-015 Applicant is Requesting a Waiver from the City of Stephenville Code of Ordinances Section 155.6.04.M(1) - Curb and Gutter Options at 1937 N Dale, being Lot 4, Block 1 of the Green Acres Addition to the City of Stephenville, Erath County, Texas. Steve Killen, Director of Development Services, briefed the council on the waiver request. Mayor Svien opened the public hearing. No one came forward to address the council. Mayor Svien closed the public hearing. 21. Consider Approval of a Waiver from the City of Stephenville Code of Ordinances Section 155.6.04.M(1) - Curb and Gutter Options at 1937 N Dale, being Lot 4, Block 1 of the Green Acres Addition to the City of Stephenville, Erath County, Texas. Regular City Council Meeting Minutes — November 03, 2020 Page / 5 MOTION by Mark McClinton, second by Justin Haschke to approve a waiver from the City of Stephenville Code of Ordinances Section 155.6.04.M(1) - Curb and Gutter Options at 1937 N Dale. MOTION CARRIED by majority vote, with Alan Nix voting against. STEPHENVILLE TYPE B ECONOMIC DEVELOPMENT AUTHORITY UPDATE Jeff Sandford, Executive Director, gave the report. PARKS AND LEISURE SERVICES COMMITTEE Nick Robinson, Chair 22. Committee Report for October 20, 2020 Nick Robinson, chair, gave the committee report. FINANCE COMMITTEE Mark McClinton, Chair 23. Finance Committee Report - October 20, 2020 Mark McClinton, chair, gave the committee report. 24. Consider Approval of an Amendment to Section 7 of the City of Stephenville's Order Declaring Local State of Disaster Dated April 22, 2020 MOTION by Mark McClinton, second by Justin Haschke, to amend the City of Stephenville's Order Declaring Local State of Disaster Dated April 22, 2020 by removing Section 7. MOTION CARRIED by unanimous vote. 25. Consider Approval of the City of Stephenville's Delinquent Utility Bill Assistance Program MOTION by Mark McClinton, second by Ricky Thurman, to approve the City of Stephenville's Delinquent Utility Bill Assistance Program with a maximum assistance of $300 per account and a December 31, 2020 deadline. MOTION CARRIED by unanimous vote. NOMINATIONS COMMITTEE Gerald Cook, Chair 26. Committee Report for October 10, 2020 Gerald Cook, chair, gave the committee report. 27. Committee Report for November 3, 2020 Gerald Cook, chair, gave the committee report. 28. Consider Approval of the City of Stephenville's 2021 Legislative Priorities MOTION by Gerald Cook, second by Justin Haschke, to approve the City's list of legislative priorities as outlined below: CITY OF STEPHENVILLE 2021 Legislative Agenda Regular City Council Meeting Minutes — November 03, 2020 Page / 6 Key Principles 1. The City of Stephenville government shall do no harm to the citizens, businesses community, or economy of Stephenville. 2. The City of Stephenville government shall focus on those issues that are directly related to the community and foster community and economic development, growth, safety, and health for all citizens. 3. The City of Stephenville government shall place emphasis on local control by being an advocate for keeping as many decisions and regulations as possible at the local governance level. 4. The City of Stephenville government will look to the long-term perspective in advocacy efforts rather than advocating short term gains or issues. Key Issues Local Control: Advocate for and support efforts to limit State and Federal unfunded mandates imposed on local governments. 2. Advocate for and support efforts to limit the control of local government decisions by State or Federal agencies. Taxes: 1. Advocate for and support efforts to clarify 2020 Senate Bill 2 as it relates to the 3.5% ad valorem and the de minimis tax rate affecting cities under 30,000 in population and emphasizing local control. 2. Advocate for and support efforts to allow cities in Texas to submit to voters an increase of the local "! sales tax by up to one percent for specific capital improvement projects, provided that there is a sunset provision and the project(s) are not financed in excess of five years. 3. Advocate for and support efforts that legislate action for any freeze or reduction in ad valorem taxes must be offset by some other sales tax, consumption tax, food tax, hotel occupancy tax, etc., provided that any change be a net positive to local municipalities. COVID-19: 1. Advocate for and support efforts to provide for the equitable distribution of the unallocated funds of the federal CARES Act funding received by the State of Texas to local municipalities. Higher Education: 1. Advocate for and support efforts for the continued funding, growth, and development of Tarleton State University in Stephenville. 2. Advocate for and support efforts to allow state -supported institutions to partner with local municipalities in defraying the cost of specific infrastructure projects that are necessary for the institution's continued growth and development. MOTIN CARRIED by unanimous vote. FINANCIAL REPORTS Monica Harris, Director of Finance and Administration 29. Monthly Budget Report for the Period Ending September 30, 2020 Regular City Council Meeting Minutes — November 03, 2020 Page / 7 30. Financial Reports for the Period Ending September 30, 2020 Monica Harris, Director of Finance, gave the following report: In reviewing the financial statements ending September 30, 2020, the financial indicators are as expected, considering the impact of COVID-19. Property Tax - We received $9K in property taxes in the month of September, resulting in a $430K or 7.09% increase over funds collected last fiscal year. The $6.5 million collected is 101.19% of budget. Sales Tax - We received $512K in sales tax in September, resulting in $14K or 2.65% less than the funds collected last September. The $6.3 million collected is 96.1% of the $6.57 million budgeted, which is about 3.9% less than anticipated. We collected $163K or 2.52% less than the previous fiscal year. HOT Funds - We received $325K in revenue in the Hotel Occupancy Tax fund through September, as compared to $558K in revenue through last September. We spent $216K in Hotel Occupancy Tax funds through September as compared to $494K last year. Both are a direct reflection of the impact of COVID- 19. Revenue (Budgetary comparison) - The target budget for operating revenue is $30.3 million. We received $28.4 million in revenue through September, resulting in $1.9K under the target budget. This is a result of reimbursement -based grants and the impact of COVID-19. Expenditures (Budgetary comparison) The target budget for operating expenditures is $21.1 million. We expended $18.8 million through September resulting in $2.3 million under the target budget. Revenue (Prior year comparison) - Operating revenue received last year was $28.8 million as compared to the current year's $28.4 million, resulting in a $355K decrease due to sales taxes, franchise taxes, hotel occupancy taxes, licenses & permits, interest, and other income. Expenditures (Prior year comparison) - Operating expenditures last year were $18.9 million as compared to the current year's $18.8 million, resulting in a $82K decrease. General Fund expenditures increased $405K due to wages and benefits, maintenance, damage claims, and COVID-19 supplies. SEDA expenditures increased $8K for marketing, wages and benefits, and grants. New Programs - The Downtown Revitalization project, the Green Ribbon Project, Eastside Sewer, the CDBG GLO project, and the street improvement program will all carryover into FY 2020-2021. Investments - The total market value of cash and investments on September 30, 2020 was $44,091,950. This is allocated 5% in demand accounts, 1% in brokered certificates of deposit, 39% in TexStar investment pool, and 55% in TexPool investment pool. We earned 22,507 in interest for the quarter. The average yield to maturity for all account types for the quarter was .48%. The average yield to maturity for investment accounts for the quarter was .70%. The average yield to maturity for a 3-month treasury bill for the quarter was .11% CONSENT AGENDA 31. Minutes - October 6, 2020 Regular City Council Meeting 32. Minutes -October 14, 2020 City Council Work Session 33. Minutes - October 27, 2020 Special City Council Meeting MOTION by Mark McClinton, second by Ricky Thurman, to approve the consent agenda as presented. MOTION CARRIED by unanimous vote. Regular City Council Meeting Minutes — November 03, 2020 Page / 8 COMMENTS BY CITY MANAGER *Stephenville has officially received their designation as a Main Street City *Veteran's Day - November 11 *Council Off -site Meeting - November 16 *Committee Meetings - November 17 *Lighted Christmas Parade - November 28 *Electronics event yielded 30,000 pounds of electronics to be recycled COMMENTS BY COUNCIL MEMBERS Mark McClinton thanked the election volunteers for their hard work. He stated that he also wanted to offer up his prayer for the leadership of this country. Alan Nix wanted to echo Mr. McClinton's comments, and he said his prayer would be for unity for our nation regardless of the election results. EXECUTIVE SESSION In compliance with the provisions of the Texas Open Meetings Law, Subchapter D, Government Code, Vernon's Texas Codes, Annotated, in accordance with: 34. Section 551.072 - Deliberations Regarding Real Property Deliberation regarding the purchase, exchange, lease, or value of real property - Sale of City Property 35. Section 551.074 - Personnel Matters Deliberation regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: 1. Parks and Leisure Services Director 2. Public Health Official 36. Section 551.087 - Deliberation Regarding Economic Development Negotiations - Project CS 37. Action Taken on Items Discussed in Executive Session, if Necessary MOTION by Brady Pendleton, second by Gerald Cook to accept a bid for sale of city property. MOTION CARRIED by unanimous vote. MOTION by Gerald Cook, second by Alan Nix, to reaffirm the appointment of Kelley Doggett as the City's Health Official as of March 30, 2020 for a two year period. MOTION CARRIED by unanimous vote. ADJOURN OF STFp'',, The meeting was adjourned at 8:02 p.m.;:'\�� ,.• �' ' =~ m= Doug Svien, yor Staci L. City Se etary P0RP �O Regular City Council Meeting Minutes — November 03, 2020 Page / 9 CITY OF STEPHENVILLE, TEXAS ORDER DECLARING LOCAL STATE OF DISASTER DUE TO PUBLIC HEALTH EMERGENCY WHEREAS, a novel coronavirus, now designated SARS-CoV2 which causes the disease COVID- 19, has been declared a global pandemic by the World Health Organization; and WHEREAS, the symptoms of COVID-19 can range from mild to severe illness and cause further complications including death; and WHEREAS, COVID-19 virus mainly spreads between people who are in close contact with one another through respiratory droplets produced when an infected person coughs or sneezes; and WHEREAS, President Donald Trump declared a State of National Emergency for the United States of America on March 13, 2020; and WHEREAS, on March 13, 2020, the Governor of the State of Texas issued a proclamation certifying that COVID-19 poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas; and WHEREAS, on March 25, 2020, the City Council of the City of Stephenville issued a Declaration of Local State Disaster Due to Public Health Emergency and the City of Stephenville is taking extraordinary measures to prevent the spread of this potentially devastating disease in our community; and WHEREAS, said state of disaster requires that certain emergency protective measures be taken pursuant to the Texas Disaster Act of 1975 relating to Emergency Management and Public Health, pursuant to Chapter 418 of the Texas Government Code. NOW, THEREFORE, BE IT ORDERED by the City Council of the City of Stephenville, Texas that the April 22, 2020 Declaration of Public Health Emergency is hereby amended as follows: SECTION 1. 1. A State of Disaster and Public Health Emergency is hereby declared for the City of Stephenville, pursuant to §418.108(a) of the Texas Government Code. 2. This Declaration of a local state of disaster and public health emergency shall be given prompt and general publicity and shall be filed promptly with the City Secretary, pursuant to §418.108(c) of the Texas Government Code. 3. The City's Emergency Operations Plan is activated and implemented, pursuant to §418.108(d) of the Texas Government Code. 4. The City Council of the City of Stephenville authorizes the city manager to promulgate such regulations as he deems necessary to protect life and property and preserve critical resources while a state of disaster is in effect. Declaration of Public Health Emergency Page 1 of 5 Amended November 3, 2020 5. This Declaration authorizes the City to temporarily acquire, by lease or other means, sites required --• for temporary housing units or emergency shelters for evacuees, subject to compensation requirements, pursuant to §418.020(c) of the Texas Government Code. This Declaration authorizes the City to take any actions necessary to promote health and suppress disease, including quarantine, examining and regulating hospitals, regulating ingress and egress from the City, and fining those who do not comply with the City's rules, pursuant to §122.006 of the Health and Safety Code. 7. This declaration hereby authorizes the use of all lawfully available enforcement tools. SECTION 2. That effective immediately, and continuing until rescinded, amended, or superseded by Texas Governor Gregg Abbott through Executive Order or other lawful action, the City hereby adopts the provisions of Executive Orders GA-18 and GA-19 issued by Governor Abbott on April 27, 2020. The provisions of GA-18 and GA-19 are incorporated herein by reference as if written word for word. 2. This Declaration orders all businesses operating within the city of Stephenville, Texas to take extreme care and all actions necessary to prevent the spread of COVID-19. Extreme care and action include, but is not limited to, the following practices: a. Monitoring the body temperature of all employees; b. Prior to opening for business and throughout the day disinfecting all surfaces; c. Encouraging all employees to wash their hands on an hourly basis; d. Mandate all employees and customers abide by the social distancing guidelines attached; e. All businesses must provide hand -sanitizing stations at least one entrance. This Declaration suspends Chapter 110.01 Regulations for Sale of Merchandise in Residential Districts of the City of Stephenville Code of Ordinance for 60 days from the effective date of this order. SECTION 3. All public, private, and commercial laboratories operating within the City of Stephenville and performing COVID-19 testing shall report by 5:00 p.m. each day for the prior 24-hour period (1) the number of COVID-19 tests performed and (2) the number of positive COVID-19 tests to Jimmy Chew, Director of Emergency Management for the City of Stephenville if the specimen is collected, or the test is performed, in the City of Stephenville. 2. Such laboratories shall not provide names or other individually identifiable health information that could be used to identify an individual patient. This information will be used solely for public health purposes to monitor the testing conducted in the City and mitigate and contain the spread of COVID-19. SECTION 4. If someone in a household has tested positive for coronavirus (COVID-19), the household is ordered to isolate at home. Members of the household cannot go to work, school, or any other community function Declaration of Public Health Emergency Page 2 of 5 Amended November 3, 2020 outside the home. Any person who is sick, experiencing common COVID-19 symptoms including fever, cough, or shortness of breath are hereby ordered to stay home and follow Center for Disease Control Guidelines on how to discontinue home isolation. SECTION 5. In order to minimize the impact of the COVID-19 virus to the citizens of Stephenville, the City of Stephenville is implementing the following procedures for City Facilities by adopting the attached City of Stephenville Phase One Re -Opening of City Facilities. 1. Airport —Terminal is to remain open, however no group meetings will be held or scheduled. 2. City Hall — Will re -open once professional sanitization has been completed to ensure an environment as safe as possible for customers and employees. Until sanitization occurs, front doors will be locked and the public will be admitted to the building by appointment only. Staff will monitor telephones and email during business hours. Employees who do not have an office in City Hall will be able to make appointments by telephone or by email. 3. Library — Will re -open once professional sanitization has been completed to ensure an environment as safe as possible for customers and employees. Until sanitization occurs, the library will remain closed to the public and all programs have been cancelled. Staff will monitor telephones and email during business hours. Returns will be accepted through the outside receptacles. 4. Municipal Service Center — Front doors will be locked and the public will be admitted to the building by appointment only. Staff will monitor telephones and email during business hours. 5. Park Facilities — Playgrounds, sport courts and fields, public swimming areas, pavilions and the recreation hall are closed to the public. Public trails, open areas, skate park, disc golf course, tennis courts, and RV camping are open to the public. Organized activities larger than 10 people not of the same household are prohibited. Individuals not of the same household must at all times, as reasonably possible, maintain social distancing of at least six feet from any other person when using city park facilities. 6. Public Safety i. Fire Station No. 2 — Front doors will be locked. Those seeking assistance may contact fire personnel by using the intercom in the front of the building or by calling 254-918-1273 from their home or cell phone. ii. Police Department — Front doors will be locked. Those seeking assistance may contact dispatch by picking up the phone in the front of the building or by calling 254-918-1273 from their home or cell phone. 7. Recreation Center — Will re -open once sanitization by staff has been completed to ensure an environment as safe as possible for customers and employees. Until sanitization has been completed, the Recreation Center will remain closed to the public and all programs have been cancelled. 8. Senior Citizens Center— Closed to the public; all programs and activities have been cancelled. Declaration of Public Health Emergency Page 3 of 5 Amended November 3, 2020 9. Meetings — All Public Meetings will comply with the Texas Open Meetings Act as amended by Executive Order of the Governor of the State of Texas. All Public Meetings will be conducted via •— teleconference unless otherwise posted. SECTION 6. This Order shall become effective immediately, and shall remain in effect until it is either rescinded, superseded, or amended pursuant to applicable law or Governor's Order. SECTION 7. The City of Stephenville must promptly provide copies of this Order by posting on the city's website. In addition, the owner, manager, or operator of any facility that is likely to be impacted by this Order is strongly encouraged to post a copy of this Order onsite and to provide a copy to any member of the public asking for a copy. SECTION 8. If any subsection, sentence, clause, phrase, or word of this Order or any application of it to any person, structure, gathering, or circumstance is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, then such decision will not affect the validity of the remaining portions or applications of this Order. SECTION 9. A person who knowingly or intentionally violates this declaration commits an offense, punishable by a fine of not less than $50.00 and not more than $1,000.00 or confinement in jail for a term that does not exceed 180 days. Upon a second violation of this declaration, a business who holds a Certificate of Occupancy from the City of Stephenville may have that Certificate of Occupancy revoked. SECTION 10. 1. Any ordinance, order, or regulation that would prevent temporary sheltering and housing by the City of Stephenville, Texas, or the Federal Government in response to the declared disaster are suspended or modified as necessary to make these regulations effective. 2. Any ordinance or regulation imposing a time requirement for approving or denying an application or for appealing a County Court or Administrative decision is tolled. 3. Any ordinances or regulations that conflict with these regulations are suspended or modified as necessary to make these regulations effective. 4. Suspension or modification of the ordinances and regulations shall remain in effect until these regulations are terminated or until the state of disaster is terminated, whichever is sooner. SECTION 11. This declaration hereby authorizes the use of all lawfully available enforcement tools. Declaration of Public Health Emergency Page 4 of 5 Amended November 3, 2020 ORDERED THIS the 3" day of November, 2020. ��� •.•••• .•• h� oug Sviej, Mayor ATTEST: fr- • m _ Gt, 'k a Staci L. Kin , y Secretary iiji •• S ••• p ` RP0Vk Declaration of Public Health Emergency Page 5 of 5 Amended November 3, 2020