HomeMy WebLinkAbout1986-12-02 - Regular City CouncilMINUTES OF THE CITY COUNCIL
OF THE
CITY OF STEPHENVILLE, HELD ON
TUESDAY, DECEMBER 2, 1986 - 7:00 P.M.
ITEM I• CALL TO ORDER.
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:
Mayor: David Clayton
Members: Bob Self James L. "Jim" McSwain
Larry Hammett Ray Reynolds
6dm. G. "Bill" Brede Larry Tabun
G.A. "Pinkie" Swindle
and with the following member absent: Allen Horne.
Others attending were: City Administrator Kurt Ackermann, City Secretary
Joyce Pemberton, City Attorney Joseph. Chandler, Director of Public Works
Danny Johnson, Chief of Police Doug Conner, Fire Chief Jimmy Mooney,
Purchasing & Personnel,Clerk Melissa Crim, Planning & Inspections
Coordinator Betty Chew, members of the press, and many others.
ITEM II: CITIZENS REQUEST AND CIPHER COMMUNICATIONS:
A. Communications & Personal Appearances by Citizens:
1. Hear discussion by Mr. Dee Blackerby regarding Secs. 18 -39 and
18 -40 of the Taxicab Ordinance relating to fares.
Mr. Phil Nichols, attorney representing Mr. Dee Blackerby, owner
of Big D Taxicab Company, addressed the Council regarding the
rates outlined in the new Taxicab Ordinance, effective January 1,
1987.
Mr. Nichols said the new ordinance does not allow for competition
which is the best service for the least mount of money. Before
said ordinance was passed, Mr. Blackerby's fares were: $2.00,
regular fare; $1.50, senior citizens and students; 509! surcharge
for more than one person going to same place; and 759 /mile outside
the city limits. He has "ride cards" available @ $15.00/10 rides
which equals the $1.50 for senior citizens. All these rates are
for city limit to city limit. He said the new rate structure would
more than double the senior citizens and students taxicab costs.
He asked the Council to reconsider the rate structure in the new
ordinance. He also asked the Council to reconsider the wording in
Sections 18 -43, 18 -46, 18 -48, 18 -50, 18 -51, 18 -52, and 18 -53.
Mr. Carroll Martin, operator of Yellow Cab Co., said he had no
problems with Mr. Nichols' comments.
After more discussion, Mayor David Clayton assigned this item to
the Franchise Utilities_Comnittee for study and report at the next
regular council meeting.
Councilman Ray Reynolds moved to delay implementing the new
Taxicab Ordinance until the Committee made their recommendations.
Councilman Brede. seconded the motion. The motion carried by the
following vote:
AYES: All members present voted aye.
NOES: None
2. Consider claim by Marcia Birrus regarding damage to vehicle pur-
suant to City Charter, Art. XIL, Section 1.
Mayor David Clayton commented that Ms. Bu-rus has alleged that a
stray bullet fran the Police Department's firing range struck and
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damaged her vehicle. She is asking for repair to her vehicle.
Chief Conner has been looking into this matter and has not been
able to substantiate what personnel were at the site during the
time of the alleged incident.
Ms. Marcia Burrus was not present at this meeting.
Mayor David Clayton assigned this item to the Damage Claims
Committee to study and report at the next regular council meeting.
3. Hear discussion from Mr. Carroll Lee regarding rates and service
changes by Northland Cable TV.
Mr. Carroll Lee, local manager of Northland Cable TV Company,
addressed the Council stating that this is just really a notifica-
tion from Northland Cable TV to the City of Stephenville of a
basic rate increase and channel line-up change. Mr. Lee quoted
from the "Cable Franchise Policy and Communications Act of 1984 ",
part 3, Section 623, which he said totally deregulates all cable
systems regarding rates and channel line - ups.
Mr. Lee said Northland Cable TV is proposing to add six (6) more
channels to the existing 12 channel basic service (TNN, Headline
News, Spanish Network, Home Shopping Network, CBN, KDAF, and the
Weather Channel). He said, due to a price increase on Nickelodeon,
they are removing Nickelodeon and adding Arts /Entertainment. The
five high - priced channels will be in a tier (MTV, KDAF, CNN,
Discovery, and LEA). The proposed rate increase will be: Basic
only from $11.55 to $13.25 = $1.70 increase (for six more channels);
basic + 1 more pay channels from $23.50 to $23.70 = 20� increase;
basic + 2 or more pay channels, from $30.45 to $30.65 = 20¢ increase.
Also, by January 1, 1987, Northland Cable TV will have the system
ready to remove the scramblers: except for Showtime and Disney channels
After discussion, Councilman Pinkie Swindle moved to place this
item in committee for study. Councilman Bill Brede seconded the
motion. The motion carried by the following vote:
AYES: All members: present voted aye.
NOES: None
Mayor David Clayton assigned this item to the Franchise Utilities
Committee for study.
City Attorney Joseph Chandler commented that the only jurisdiction
he could see that_the_City has is the increase over 5% on the
basic service.
Mayor Clayton advised Mr. Lee he would try to call a special
meeting for the 16th of December for a recommendation from the
Franchise Utilities Cmmittee and take some action at that time.
ITEM III • CONSENT AGENDA:
Councilman Pinkie Swindle moved approval of the Consent Agenda, Items A
through E, as indicated below. Councilman Larry Hammett seconded the
motion. The motion carried by the following vote:
AYES: Councilmen Bob Self, Larry Hammett, Bill Brede, Mayor David Clayton,
Pinkie Swindle, Jim McSwain, Ray Reynolds, and Larry Tatum.
NOES: None
ABSTAINED: None
ABSENT: Councilman Allen Horne.
A. Approval of minutes of November 11, 1986, as written.
B. Reports from Boards & Commissions:
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1. Report from Planning & Zoning Carmission:
Recommend approval of final plat of Bluebonnet Subdivision, 1.56
acres of the Wm. Motley Survey, Abst. 515, and the John Blair Survey,
Abst. 32, Erath County, Texas, located in the 400 block of Blue-
bonnet Street.
C. Award Bid #2365 to Dickies Work Clothes Co-for Uniforms for Street,
Water, Parks & Rec., and Cemetery Departments:
S & H Uniforms
Short Sleeved Shirt
$ 8.48
Long Sleeved Shirt
9.33
Full Cut Pant
12.73
Jean Pant
12.73
Coveralls
24.63
Top Hand Jacket
22.93
Charge for sewing 2 emblems
per shirt
1.50
D. Camnittee Reports: None
E. Ordinances & Resolutions: None
ITEM IV: PUBLIC HEARINGS: None
ITEM V: CITY ADMINISTRATOR'S REPORT.
Dickies Works Clothes
$ 7.66
8.87
11.36
11.36
22.73
23.48
1.50
A. Hear report from Chief of Police Douglas Conner regarding animal
control practices.
Chief Conner addressed the Council stating that, through investigation
and talking with the people involved in the "David Gay Incident ", he
had determined that Officer Kennerly did conduct a proper investiga-
tion in the "dog shooting" incident. As a Patrol Officer his duty is
to do the preliminary investigation which consists of taking state-
ments (if necessary) and he presents this information to the Investigation
Division who carries it from that point on. Chief Conner said he did
believe officer.Kennerly did do his job properly and did do a proper
investigation on.this particular incident.
Chief Conner, in response to Ms. Daryl Travalini's complaint, said
he had found one sentence in Ms. Travalini's complaint to be incorrect
and would like to correct it. Ms. Travalini stated "Joyce Whitis
called the Police Department and found out the dog catcher was not away
for the weekend but was just at hone and did not have a phone and that
no one at the Police Department wanted to go get him." Chief Conner
said he checked and found that the part -time Animal Control Officer
did have a working phone on October 4th, 1986. A police officer did call
that number and his wife did state he was out of town that particular
day. Also the officer did try to contact Bee Bently, recently retired
Animal Control Officer, but was unable to get an answer at that number.
Chief Conner said he did regret that a representative of the Police Dept.
did not personally contact Ms. Travalini at Sharp's Laundromat. He felt
this should have been done, it was not done and he would personally
like to apologize and tell Ms. Travalini that he regrets that no one
did actually contact her and assist in whatever way they could.
Chief Conner said his policy was to have animal control officers
trained in that particular field to handle all calls dealing directly
with animals. At the time of the these incidents,. there was not a
full time animal control officer on the payroll. Chief Conner said he
has advised his Patrol Supervisors and Dispatchers that, if an Animal Contr
Officer is not available, the Patrol Supervisor will be responsible to
answer any type call along this line as far as animal control.
B. Hear report from City Administrator regarding updating of Comprehensive
Plan.
City Administrator Kurt Ackermann reminded the Council that at the
last meeting the Council discussed taking some preliminary steps to
initiate an update of the 1969 Canprehensive Plan and it was placed
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on the Planning & Zoning Commission's November 20, 1986 agenda for
discussion. It was the Planning & Zoning Carmission's recamnendation
to the Council that the Council select the planning consultant. A
consulting engineering firm to assist then in reviewing the existing
plan, taking the necessary data, and community inventory, etc. to get
that update underway. The Council may go ahead and select one firm or
if they so desire, they may select several firms to make proposals and
select from those.
Councilman Ray Reynolds moved that the City Administrator and his
staff evaluate the different companies and arse to the Council with
the three best proposals. Councilman Larry Hammett seconded the motion.
The motion carried by the following vote:
AYES: All members : present -voted aye.
NOES: None
ITEM VI: EKECUTIVE SESSION:
Mayor David Clayton recessed the open session and convened the Council
into executive session as provided in the Open Meetings law, V.T.C.S.,
Article 6252 -17, Section 2 (e -1) and (g), for the purpose of discussing
pending or contemplated litigation and personnel.
Mayor David Clayton reconvened the Council into open session with the
following action being taken:
Councilman Jim McSwain moved that the Mayor appoint a committee to meet
with Mr. Kenneth Lockhart and tell him we are serious about him cleaning
up his act out there. Councilman Larry Tatum seconded the motion. The
motion carried by the following vote:
AYES: All members present voted aye.
NOES: None
ABSENT: Councilman Pinkie Swindle (left at beginning of executive
session -8.10 p.m.) and Councilman Allen Horne.
Mayor David Clayton assigned this to the Public Health & Safety Committee.
(Larry Tatum*, Bob Self, and Jim McSwain) along with Mr. Chandler and any
other members of the Council that can attend.
There being no other business to cane before the Council at this time,
Mayor Clayton adjourned the meeting.
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livid Clayt , Mayor