HomeMy WebLinkAbout1987-01-06 - Regular City CouncilMINUTES OF THE CITY ODUNCIL
OF THE
CITY OF STEPHENVILLE, HELD ON
TUESDAY, JANUARY 6, 1987 - 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 G. A. Swindle
Larry Hammett James L. MCSwain
Wm. G. Brede Ray Reynolds
Allen Horne Larry Tatum
Others attending were: City Administrator Kurt Ackermann, City Secretary
Joyce Pemberton, City Attorney Joseph Chandler, Director of Finance
Charlene Young, Director of Public Works Danny Johnson, Chief of Police
Doug Conner, Fire Chief Jimmy Mooney, Director of Parks & Recreation
Ronnie - Isham, Planning & Inspections Coordinator Betty Chew, members of
the press, and many others.
ITEM II: CITIZEN REQUESTS AND OTHER COMMUNICATIONS:
A. Camunications & Personal Appearances by Citizens:
1. Consider request for parking restrictions at 1315 Lydia by Mr.
Don Moore.
Mr. Don Moore addressed the Council requesting an ordinance be
enacted or sane type of restrictions to prevent persons other than
he and his family from parking in front of his residence at 1315
Lydia Street.
City Attorney Joseph Chandler advised that a hone owner cannot
control parking on the street except in front of driveways. Mr.
Moore would need to _show a need for "no parking on street" in the
area in order to have a "no parking" sign installed.
No further action was taken.
2. Consider request by Mr. Ernest Gregory to lease city property.
In the absence of Mr. Gregory, City Administrator Kurt Ackerman
advised the Council that last year this property was rented to
Mr. Jack Murphy and was cancelled because of failure to pay rent.
Mr. Gregory is offering to pay $50.00 in advance.
Councilman Swindle moved to lease Lots 2, 4, 6, and 8, Block 51,
City Addition, to Mr. Ernest Gregory for a period beginning
January 1, 1987 and ending December 31, 1987 for $50.00 per year
with the provision that the $50.00 be paid in advance and Mr.
Gregory keep the property mowed. Councilman Bob Self seconded the
motion. The motion carried by the following vote:
AYES: All members present voted aye.
NOES: None
3. Report from Cheatham & Lansford of the Comprehensive Annual
Financial Report
Mr. David Cheatham presented the Comprehensive Annual . Financial
Report.
4. Consider resolution approving redemption of a portion of Series
1982 -A Bonds, dated May 3, 1982 issued by the Stephenville Health
Facilities Development Corporation.
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Mr. Jack E. Browder, representing Haris Methodist Health System,
addressed the Council requesting approval of the following resolution:
A RESOLUTION APPROVING THE REFINANCING OF A HEALTH FACILITY BY
TARRANT COUNTY HEALTH FACILITIES DEVELOPMENT CORPORATION.
WHEREAS, Tarrant County Health Facilities Development Corporation
(the "Issuer ") was created under the auspices of Tarrant County,
Texas, pursuant to the Health Facilities Development Act, art.
1528j, V.A.T.C.S. (the "Act "); and
WHEREAS, the Act provides that the Issuer may refinance health
facilities to be located outside Tarrant. County (the "County "),
with the consent of the City and the County; and
WHEREAS, the City has been requested by Harris Methodist Health
System, a Texas nonprofit corporation (the "System ") to consent
to the refinancing by the Issuer of Tarrant County Health
Facilities Development Corporation Health System Revenue Bonds
Harris Methodist Health System, Series 1985, issued in part to
finance the construction of Stephenville General Hospital, located
in Stephenville, Texas and constituting health facilities under
the Act; and
WHEREAS, the System has advised the City that the consent of the
City to the refinancing of such health facilities by the Issuer
would result in certain savings to the System because the costs of
issuance for the refinancing of such health facilities would be
reduced; and
WHEREAS, it is deemed necessary and advisable that this Resolution
be adopted.
THMEFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
STEPHENVILLE, TEXAS THAT
The City Council hereby consents to the refinancing of the health
facilities referred to above by the Tarrant County Health Facilities
Development Corporation.
Councilman Jim McSwain moved passage of the above Resolution
approving the refinancing of a health facility by Tarrant County
Health Facilities Development Corporation. Councilman Larry
Hammett seconded the motion. The motion carried by the following
vote:
AYES: Councilmen Bob Self, Larry Hammett, Wn.G. Brede, Allen
Horne, G. A. Swindle, Jim McSwain, Larry Tatum, and Mayor
David Clayton.
NOES: None
ABSTAINED: Councilman Ray Reynolds due to conflict of interest.
5. Hear request from Alcohol & Drug Intervention Council for finan-
cial support.
Ms. Georgia Braithwaite, Executive Director, addressed the Council
presenting a proposal for financial assistance to the Alcohol and
Drug Intervention Council to do the alcohol and drug education for
the Police Department which would.release the Police Department
personnel for other duties.
City Attorney Joseph Chandler advised the Council that Section 3,
Article 11 of the Constitution prohibits the City from making a
donation to the Alcohol & Drug Intervention Council.
Ms. Braithwaite said they would do the education programs for the
police personnel.in_ exchange for funding. It would be more of a
contract agreement rather than a donation.
After some discussion, Mayor Clayton assigned this item to the
Public Health & Safety Committee for study and report at the
February meeting.
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6. Consider request by Erath County Humane Society to amend Section
3 -9, of the City's Code of Ordinances, "Cruelty to Animals and
Fowl" by adding the word "Shelter ".
City Administrator Kurt Ackermann advised the Council that the
Erath County Humane Society is asking that the city's present
ordinance, "Cruelty to Animals and Fowl ", Section 3 -9, be amended
to read "proper food, water, and "shelter ".
Councilman G. A. Swindle moved that the word "shelter" be added to
Section 3 -9 of the ordinance "Cruelty to Animals and Fowl" as
requested. Councilman Ray Reynolds seconded the motion. The
motion carried by the following vote:
AYES: Councilmen Bob Self, Allen Horne, G. A. Swindle, Ray Reynolds,
Larry Tatum, and Mayor David Clayton.
NOES: Councilmen Larry Hammett, Wn. G. Brede, and Jim McSwain.
B. Matters by Councilmembers:
1. Discussion of Food Service Ordinance by Public Health & Safety
Committee.
Councilman Tarry Tatum addressed the Council stating that the
Public Health & Safety Committee is asking for input from the
Council regarding the proposed Food Service Ordinance. He said
the Committee would like for each councilmenber to study and make
any suggestions for additions or deletions to the proposed ordi-
nance, then make it available to the restaurant owners for their
input before actually passing the ordinance.
After discussion, it was the consensus of the Mayor and Council
that the Council study this proposed ordinance some more and during
this time (before the next meeting) the staff could do sane
research with other cities as to what they are using and maybe get
copies of their ordinances. This will give more time to do sane
comparisons and see how they have addressed the same problems.
ITEM III. CONSENT AGENDA. All items listed below are considered routine by the City
Council and are enacted with one motion.
Councilman Ray Reynolds moved approval of Consent Agenda Items B thru
E as indicated below. Councilman Rn. G. Brede seconded the motion. The
motion carried by the following roll -call vote:
AYES: Councilmen Ray Reynolds, Jim McSwain, Mayor David Clayton, Allen
Horne, W. G. Brede, Tarry Hammett, and Bob Self.
NOES: None
ABSTAINED: Councilman Tarry Tatum (Item C -3, Bid #2366)
ABSENT: Councilman G. A. Swindle (had to leave early).
A. Approval of Minutes of December 2,1986.
Removed from Consent Agenda and postponed until regular meeting in
February 1987.
B. Reports from Planning & Zoning Commission:
1. Approval of preliminary plat of North Wedgewood Subdivision, being
17.05 acres of Block 146, City Addition, and Block 3, Kingland
Addition.
2. Approval of preliminary plat of a replat of part of Lot 7, Block
156, City Addition.
3. Approval of final plat of a replat of part of Block 34, South Side
Addition.
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4. Set Tuesday, February 2, 1987 at 7:00 P.M. in City Council
Chambers at City Hall as the date, time, and place for a public
hearing to consider rezoning, from R -3 to B-2, part of Lot 2,
Block 94, City Addition, known as 990 Lingleville Road. Staff
report as Exhibit J.
C. Bid Considerations. (* indicates bid accepted)
1. Reroofing Garfield Booster Station - Bid #2369
Lydick Roofing Co. $ 2,115.00 *
2. Traffic Signs - Bid #2370
ABC Mfg .------------------------------------- - - - - -$ 6.516.50
Roadrunner Traffic Supplies --------------------- $ 2,937.00 *
Vulcan Signs------------------------------ - - - - -$ 3,113.00
National Sign Co.--------------------------- - - - - -$ 2,787.00
Hall Signs, Inc --------------------------------- $2,895.00
3. Dump Truck - -Bid #2366
Wayne Blue Ford Co .---- -------------------------- $21,795.61
Harbin Motors, Inc -------------------------------- $20,606.37 *
Bruner Chevrolet Co .------------------------ - - - - -- $20,911.66
4. Fencing at West End Cemetery - Bid #2371
Seifert Fencing--------------------------- - - - - -$ 5,417.30 *
Allen Yoder--------------------------------- - - - - -$ 6,540.00
Tri W Enterprises ------------------------------- $ 5,858.75
A & W Contractors--------------------------- - - - - -$ 6,500.00
5. Track -type Tractor with bulldozer blade & ripper - Bid #2367
Conley, Lott, Nichols ---------------------------- $ NO BID
Darr Equipment -------------- ------------------- $184,626 #1
$164,626 #2
D. C n'mittee Reports.
1. Traffic Study Committee Report:
a.
Two-Way Stops at intersections of Mason & Belknap and'Mason &
Graham - Favorable
b.
No Parking on westerly
side of N.
Graham fran Green St. south
to Long St., excluding
Courthouse
Square - Favorable
c.
Changes to Truck Route
Ordinance
- Favorable
d.
No Parking 300 Block of
011ie St.
- Pending
e.
No Parking Lingleville
Highway as
per request of Mr. Kenneth
Currier - Pending.
2. Damage Claims Committee Report to disallow claim for damages by
Mrs. Marcia Burrus.
E. Ordinances & Resolutions.
1. A resolution authorizing the Mayor to execute a warranty deed to
Lingleville Development Company, Inc. for 13' of land on the
easterly ° side of the Jaycee Park. (Copy of entire resolution
attached to minutes).
ITEM IV. PUCLIC HEARINGS: NONE
ITEM V. CITY ADMINISTRATOR'S REPORT.
Discussion by Director of Public Works regarding pro rata fees for
completed sewer line on FM 205 and Byron Street.
Director of Public Works Danny Johnson addressed the Council stating that
the Byron Street /FM 205 sewer line project has been completed and the pro
rata costs for the project have been figured. The final construction
:f:TT=
costs, including all associated costs, amounts to $157,249.60 for 9,896
feet of pipe. The cost per foot for pro ratas is $7.95 per foot plus taps
and street restoration.
Councilman Larry Tatum moved that the pro rata cost be $7.95 per foot to
connect to the sewer line on Byron Street and FM 205. 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 as provided in the Open Meetings Law, Vernon's Texas
Mayor David Clayton recessed the open session of the Council meeting as
provided in the Open Meetings Law, Vernon's Texas Civil Statutes, Section
6252 -17, Paragraph 2 (e), for the purpose of discussing personnel.
Mayor David Clayton reconvened the Council into open session.
Councilman Ray Reynolds moved that Ms. Choyia Holder be moved fran part -time
status to full -time status in the Customer Accounting Department. Council-
man Wn. G. Brede seconded the motion. The motion carried by the following
vote:
AYES: All members present voted aye.
NOES: None
There being no other business to cane before the City Council at this time,
Mayor Clayton adjourned the meeting at 9:20 p.m.
ATTEST: ¢)axe¢ p2a n
y S retary
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CERTIFIED COPY OF RESOLUTION
RESOLVED, that DAVID CLAYTON, Mayor of the City of
Stephenville, execute to Lingleville Development Company, Inc.
a special warranty deed in consideration of the sum of $8,750.00
paid in cash and for the further consideration of the conveyance
to the City of Stephenville of that certain approximate 13 foot
of land off the easterly side of the Jaycee Park as presently
occupied, which runs from the north line of the Chamberlin
Addition to the southwesterly line of Lingleville Road, which is
being accepted by the City at a value of $3,000.00 of the
following described land:
All that certain 1.064 acre tract out of the John Blair
Survey, Abstract No. 32, in
part of that Erath County, Texas, being
certain 3.875 acre tract of land conveyed
by the City of Stephenville to Wayne
dated December 9, 1965 and recordina Volume y404,
519 of the Deed Records of Erath County, Texas, being
all of present North Cleveland Avenue and described as
follows:
BEGINNING at an iron rod set for the SW corner of this
tract, being the SE corner of the Wayne Barham 3.875
acre tract and the SE corner of a 2.91 acre tract
described in deed from Loving Care, Inc. to Andre Co.
of R. I., Inc., dated May 24, 1982 and recorded in
Volume 604, page 537 of the Deed Records of Erath
County, Texas., being in the west line of North Cleveland
Avenue, from which the NE corner of Lot 1, Block M of
the CChamberlin Addition to the City of Stephenville,
Erath County, Texas, as shown by a plat thereof recorded.
in Volume 353, page 236 of the Deed Records of Erath
County, Texas, bears S 300 E
THENCE along the west line of Nor heCleveland Avenue
and the east line of said 2.91 acre tract as follows: N
300 02' W, 100 feet to the beginning of a curve,
continuing along a curve to the left radius = 166
feet, long chord = N`470 17' 30" W 98.50 feet, for a
total curve distance of 100 feet to the end of this
curve and the beginning of another curve, continuing
along a curve to the right, radius = 166 feet, long
chord = N 470 17' 30" W, 98.50 feet, for a total curve
distance of 100 feet to' end of said curve, and N
300 02' W, 650.17 feet to an 'iron rod found in the
southwesterly line of Farm Road No. 8
g
Highway), being the NE corner of said 2.91acreltract,
the SN7corner of this tract;
THENCE 70 41' 2311 E, along the north line of said
3.875 acre
tract along -the southwesterly line of said
highway, 67.65 feet to an iron rod found in place at
the intersection of the east; line of North Cleveland
Avenue for the NE corner of this tract;
THENCE along the east line Of North Cleveland Avenue as
follows: S 300 02' E, 604.60 feet to an iron rod 'set at
_1_
the beginning of a curve, continuing along a curve to
the left, radius = 116 feet, long chord = S 470 17' 30"
E, 68.84 feet, for a total curve distance of 69.88 feet
to the end of said curve and the beginning of another
curve, continuing along a curve to the right radius
216 feet, long chord = S 47° 17' 30" E, 128.17 feet for
a total curve distance of 130.12 feet to the end of
said curve, and S 300 02' E, 99.85 feet to a channel
iron stake found in place at the SW corner of a 8.96
acre tract described in deed'from City of Stephenville
to Wayne Barham, dated December 9, 1965 and recorded in
Volume 404, page 519 of the Deed Records of Erath
County, Texas, and SW corner of a 1.82 acre tract
described in deed from Loving Care, 'Inc., to National
Living Centers, Inc. dated May 8, 1981 and recorded in
Volume 595, page 266 of the Deed Records of Erath
County, Texas, for the SE corner of this tract;
THENCE S 590 54' 39" W, 50 feet to the place of
beginning and containing 1.064 acres of land.
I, JOYCE PEMBERTON, City Secretary of the City of
Stephenville, Texas, do hereby certify that the above and fore-
going is a true and correct copy of resolution passed by the
City Council held on the �L day of January, 1987, as same
appears of record in the Minute Book showing the minutes of
said meeting of the City Council of the City of Stephenville.
WITNESS my hand and seal of said City this the day
of January, 1987.
ity Secretary
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