Loading...
HomeMy WebLinkAbout1983-03-01 - Regular City Council25:2 MINUTES OF THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS, HELD ON TUESDAY, MARCH 1, 1983 - 7:00 P.M. The regular meeting of the City Council of the City of Stephenville was called to order by the Mayor with the following members present: Mayor Joe F. Cummings Councilmen: G. A. Swindle John E. Pollan William G. Brede Councilmen: Charles Riggins E. W. Ferguson David Clayton and with the following members absent: Councilman Ray Reynolds. City Administrator Kurt J. Ackermann, City Secretary Joyce Pemberton, City Attorneys Joseph and Randy Chandler, Director of Finance Charlene Young, Director of Public Works R. Y. Gann, Utilities Director Danny Johnson, Chief of Police Doug Conner, Director of Parks & Recreation Ronnie Isham, Purchasing & Personnel Clerk Betty Chew and many others were present. ITEM I: CONSIDER APPROVAL: OF MINUTES. Councilman Swindle moved that the minutes of the council meetings held on January 14th and 18th and February 1st and 11th, 1983 be approved as written. Councilman Ferguson seconded the motion. The notion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM IT REPORT FROM MRS. CONNIE BIRDSONG REGARDING PROGRESS OF BANDSHELL FOR -TPF PTTV PARTL Mrs. Connie Birdsong, president of Cross Timbers Fine Arts Council, presented three architectural drawings for the bandshell project of the CTFAC.ranging in costs from $200,000 to $50,000. Mrs. Birdsong explained this bandshell could be as elaborate or as simple as the Council wants as it will be the city's to maintain when it is finished. She did explain that the CTFAC now has $16,000 in seed monies with offers of $3,000 to $5,000 from individuals for this project. Mrs. Birdsong did stress that the maintenance of this facility would become the city's responsibility when finished. Mrs. Birdsong left the drawings with the Council for their future considerations. ITEM III; PUBLIC HEARING ON PLANNING & ZONING COMMISSION RECOMMENDATIONS. Mayor Cummings opened the public hearing to consider the following recommendations from the Planning & Zoning Commission: A. Recomnended approval to change zoning, from B -2 to B -4, on Lots 12, 13, 14, and the portion of Lots 30 outlined in field notes, Block 143, City Addition, as requested by Mr. Kenneth Lockhart and Mr. Glenn E. Carruth. THOSE IN FAVOR OF REZONING: Mr. G1erm E. Carruth addressed the Council stating that Ramada Inn Corp. has plans to construct a $6 million dollar motel facility, with all the frills, at 600 South Loop but only if the property can be rezoned to permit a private club for their patrons. THOSE OPPOSED TO REZONING: No one addressed the Council opposing said rezoning. There being no one else wishing to address the Council on this matter, Mayor Cummings closed the public hearing. COUNCIL DISCUSSION: Councilman Swindle commented that the Citv needs another motel but does not need another club. Also that the Council does not have any assurance that the Ramada Inn will build said motel and if the property were rezoned and they decided not to build the motel, someone could build another "Billy Bobs ", which we definitely to not need. 2513 Councilman Clayton commented that the Council does have to answer to the people sometime. Stephenville is already the wettest dry town in Texas and if we don't stop it now, where will it go? After more discussion, Councilman Riggins moved to approve the rezoning of Lots 12, 13, 14, and a portion of Lot 30, Block 143, City Addition, from B -2 to B -4, as recommended by the Planning & Zoning Commission. Councilman Ferguson seconded the motion. The motion did not carry by the following vote: AYES: Councilmen Riggins, Ferguson, and Pollan. NOES: Councilmen Brede, Swindle, Clayton, and Mayor Cummings. It was the consensus of the Mayor and Council to ask City Attorney Joseph Chandler to look into the possibility of a contingency that if the Ramada Inn builds the motel the zoning will be changed to B -4; if the motel is not built the zoning will remain B -2. B. Recomrended approval to change zoning, from B -1 to B -2, on Lot 41, Block 79, City Addition (412 East Road) as requested by Michael Kimbrough for the purpose of establishing an automotive machine shop in building next to his home at above stated address. There being no one wishing to address the Council either for or against said rezoning, Mayor Cummings closed the public hearings. Councilman Swindle moved to approve the rezoning of Lot 41, Block 79, City Addition, from B -1 to B -2, as recouuended by the Planning & Zoning Commission. Councilman Pollan seconded the notion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None C. Mayor Cummings with the consent of the Council set Tuesday, April 5, 1983 at 7:00 p.m. in Council Chambers at City Hall, 354 N. Belknap, Stephenville, Texas, as the date, time, and place for a public hearing to consider the request from Tom Lovelace III and James Huston for a change of zoning, from B -1 to B -2, on Lot la, Block 16, Clifton Heights Addition, known as 705 Riverside Dr, for the purpose of establishing a muffler shop. ITEM IV; HEAR REQUEST FROM TARLETON STATE UNIVERSITY CHIEF OF POLICE DON WETTER Chief Don Weiler addressed the Council stating that, due to the University's expansion, the traffic on Lillian Street has increased, especially during the peak periods (mornings and noon) to the point that something needs to be done to alleviate the problems. Chief Weiler showed drawings outlining his suggestion:ito change the 1500 block of Tarleton, from Lillian to St. Peters, to one -way westbound. After considerable discussion, Mayor Cummings asked the Traffic Study Comdnittee to study this and report back to the Council at the next meeting. Chief Weiler also commented that the public was not yeilding the right -of -way to pedistrians in the cross walks and flashing light on Lillian St. He said he felt more rigid enforcement by city police of these signs would be more effective than regular stop signs. City Administrator Kurt Ackermann said he would advise the city Chief of Police to step up enforcement of the existing traffic signs. ITEM V: CONSIDER ORDINANCE DESIGNATING SPEED L=T CHANGES ALONG GRAHAM ST. AS RECOMMENDED BY STATE DEPARTMQVT OF HIGHWAYS & PUBLIC TRANSPORTATION. Councilman Swindle moved passage of the following ordinance designating speed limit changes along Graham Street as recommended by the State Department of Highways and Public Transportation. AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF SECTION 167 AND 169 OF ARTICLE XIX, R.C.S. 6701d, UNIFORM ACT REGULATING TAFFIC ON HIGHWAYS, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORTATE LIMITS OF THE CITY OF STEPHENVILLE AS SET OUT IN THE ORDINANCE: AND PROVIDING A PENALTY OF A FINE NOT TO EXCEED $200.00 FOR VIO- LATION OF THIS ORDINANCE, Councilman Brede seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None .254 VI: CONSIDER RECOMMENDATION FROM STATE DEPARTMENT OF HIGEWS & City Administrator Kurt Ackerman explained that the State Department of Highways and Public Transportation had contacted him and advised that they have some money available and the railroad crossing on North Belknap Street, by Poston's Feed Mill, carries a high priority for the installment of crossing signalization. The local participation would be 57 by the city and 5% by the Highway Department which would amount to $3,000 to $4,000 of city funds out of next year's budget. After some discussion, Councilman Clayton moved that the city participate in the installation of crossing signalization on North Belknap Street. Councilman Swindle seconded the motion. The motion carried by the following; vote: AYES: All members present voted aye. NOES: None ITEM VII: AUTHORITY TO INVITE BIDS FOR REMODELING OF ONE ROOM AT STEPHENVILLE Mrs. Marilyn Alford addressed the Council with the request for authority to invite bids for the remodeling of one room in the basement of the Stephenville Public Library for approximately $2,500. which is a budgeted item. Councilman Swindle moved that Mrs. Alford be authorized to invite bids for the remodeling of one room in the basement of the Stephenville Public Library. Councilman Pollan seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM VIII: HEAR COWITTEE REPORT REGARDING BALLFIELD LIGHTS FOR BABE RUTH FIELD. Councilman Brede moved to accept the bid of $28,634 from Birdsong Products for a total turnkey job on the installation of ballfield lights for the Babe Ruth Field with $16,000 to be paid upon completion of the project and the balance plus approx- imately 8% interest to be paid on October 1, 1983, as recommended by the committee. Councilman Riggins seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM IX; HEAR REPORT FROM RONNIE ISHAM REGARDING FUTURE PLANS FOR WEST END CE'ETERY. Mr. Ronnie Isham advised the Council of the need to start thinking and planning for the expansion of the West End Cemetery. He said there are only 152 lots left in the West End and quite a few of those are in bad locations which make them hard to sell. He said he estimates approximately $20,000 to do the whole thing. Mr. Isham said he was not asking for money now, but did want to make the Council aware that this would be in his budget for the next fiscal year. X; HEAR REPORT FROM DANNY JOHNSON, UTILITIES DIRECTOR, REGARDING REVISIONS OF TAP FEE RATE SCHEDULE. Danny Johnson advised the Council that most of his water and sewer tap fees were sufficient but the 12" and the 2" water tap fees were a little low and he re- comnended raising the 12' tap fee from $400 to $450 and the 2" tap fee from $540 to $670, Mr. Johnson also recommended implementing a street restoration charge of $5.00 per lineal foot for the cost of repairing the street after the tap has been made. After some discussion, Councilman Pollan moved approval of the following changes in the water tap fees; 12" water tap from $400.00 to $450.00 2" water tap from $540.00 to $670.00 $5,00 per lineal foot of street pavement cut Councilman Swindle seconded the motion. The motion carried by the following vote: AYES: All members present voted aye NOES; None 255 ITEM XI: CONSIDER BIDS FOR TRUCKS FOR STREET AND WATER DEPARTV1ENTS The following bids were received for a 1983 dump truck with damp bed complete as per specifications for the Street Department: 1. Bruner Chevrolet Co. ---- - - - - -- 1515 South Loop Stephenville, TX 2. Harbin Motors------------ - - - - -- 750 East Road Stephenville, TX ------------- - - - - -- $15,918.00 ----- ------------- - - - - -- $16,255.00 3. W. Blue Ford Co.--------------------------------------- - - - - -- $17,074.00 1307 E. Washington Stephenville, TX Director of Public Works R. Y. Gann addressed the Council stating that, in his opinion, the truck would need air brakes which were not included in the bids because the trailer pulled by this truck broke down after the bids were sent out and is not repairable. It was the consensus of the Mayor and Council that Mr. Gann should check with all bidders about the cost of installing air brakes. The acceptance of the bid was delayed until the special meeting on March 21st. The following bids were received for one 1983 truck with platform body and hoist as per specifications for the Water Department: 1. W. Blue Ford ------------------------------------------------- $19,274.00 1307 E. Washington Stephenville, TX 2. Harbin Nbtors ------------------------------------------------ $18,977.75 750 East Road Stephenville, TX 3. Bruner Chevrolet Co.---------------------------------- - - - - -- -Bid received 02/24/83 1515 South Loop at 11:45 am (late) Stephenville, TX unopened. Councilman Clayton moved to accept the low bid of $18,977.75 from Harbin Motors as recommended by Utilities Director Danny Johnson. Councilman Brede seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM XII: REPORT FROM CITY SECRETARY REGARDING BINGO ELECTION PETITION. City Secretary Joyce Pemberton certified to the Council that the petition for legalizing bingo in the City of Stephenville was valid and did contain the required number of qualified voters within the City of Stephenville. Councilman Swindle moved that the petition be accepted as certified and valid and that an election for legalizing bingo within the corporate limits of the City of Steph- enville be called for April 2, 1983 as provided in the Bingo Enabling Act, Article 179d, Texas Civil Statutes. Councilman Riggins seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM XIII: FOR SECTION 9 -2, CODE OF ORDINANCES City Administrator Kurt Ackermatni explained that the present ordinance provides that the city will furnish fire - fighting equipment and personnel limited to one (1) truck and its personnel necessary to handle same for the fighting of fires outside the limits of the city. If more than one (1) truck is needed, the officer in charge must either send more than one (1) truck and be in violation of the city's ordinance or refuse to send more than one (1) truck when needed, 2 -.:6 After some discussion, Councilman Pollan moved that City Attorney Chandler prepare an amendment to Chaper 9, Section 9 -2, Code of Ordinances, eliminating the restrictions of Section 9 -2(a). Councilman Clayton seconded the motion. The motion carried by the following vote: AYES: All members present voted aye NOES: None ITEM XIV: CONSIDER The Council discussed the increased traffic in this area when Long John Silvers opens for business and the need for an extended center turnlane. After discussion, Councilman Riggins moved that the State Department of Highways and Public Transportation be contacted requesting a study to extend the center turnlane on W. Washington St. from McIlhandy St to the railroad crossing. Councilman Brede seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM XV: HEAR REPORT ON CARBACE FRANCHISE. Councilman Riggins asked members of the Council for their comments after reading their copies of the new garbage franchise. Councilman Swindle commented that he did not see any provisions for handicapped persons to request /apply for exemptions from putting their garbage curbside or in alleys. Councilman Pollan commented that he did not find a dollar amount residential charge. The City Attorney advised that the dollar amount charged residential customers is fixed apart from the franchise because the rates change from time to time, but it is done by council action. Mayor Cummings asked Councilman Riggins to amend this franchise to include a section regarding handicapped persons being exempt from curbside pickup, etc. and the council could take action in the special meeting of March 17th. ITEM XVI: EXECUTIVE SESSION Mayor Cum -rings recessed the open meeting and called the Council into executive session for the purpose of discussion of matters of personnel and pending litigation as provided in Article 6252 -17, Vernon's Texas Civil Statutes, Section 2(e) and (g). The Council reconvened in open meeting with no action being taken on matters discussed in executive session. There being no other business to come before the Council, the meeting adjourned at 9:35 p.m. ATTEST: Q - , 1 ty ecretary r J71111 C =dhgs o SPEED ZONE ORDINANCE AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF SECTION 167 AND 169 OF ARTICLE XIX, R.C.S. 6701d, UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF STEPHENVILLE AS SET OUT IN THE ORDINANCE: AND PROVIDING A PENALTY OF A FINE NOT TO EXCEED $200.00 FOR VIOLATION OF THIS ORDINANCE. WHEREAS, Section 167 and 169 of Article XIX, R.C.S. 6701d, Uniform Act Regulating Traffic on Highways, provides that whenever the governing body of the City shall determine upon the basis of an engineering and traffic investigation that any prima facie speed there- in set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a street or highway, with the City taking into considera- tion the width and condition of the pavement and other circumstances on such portion of said street or highway, as well as the usual traffic thereon, said govern body may determine and declare a reasonable and safe prima facie speed limit thereat or thereon by the passage of an ordinance, which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street or highway, now therefore, BE IT ORDAINED by the City Council of the City of STEPHENVILLE , Texas: Section 1. Upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of Section 167 and 169 of Article XIX, R.C.S. 6701d, Uniform Act Regulating Traffic on Highways, the following prima facie speed limits hereafter indicated for vehicles are hereby determined and declared to be reasonable and safe; and such speed limits are hereby fixed at the rate of speed indicated for vehicles traveling upon the named streets and highways, or parts thereof, described as follows: uonLroi: .)4J -Uq SH 108 Erath County A. From Station 73 +38 (north City Limits of Stephenville, being also the centerline of the Bosque River) southerly to Station 52 +00, a distance of 0.405 mile at 45 miles per hour. B. From Station 52 +00 southerly to Station 14 +40 (between E. Blair St. and Oxford St.), a distance of 0.710 mile at 35 miles per hour. C. From Station 14+50 southerly to Station 8+00 (approximately 40' south of Long Street), a distance of 0.457 mile at 30 miles per hour. D. From Station 8 +00 southerly to Station 43 +83 (south City Limits of Stephenville), a distance of 0.679 mile at 40 miles per hour. A Section 2. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not more than two- hundred($200.00)dollars. This ordinance supersedes all previous ordinances pertaining to the above referenced highway. PASSEQ AND APPROVED THIS /,-f- DAY OF 10,4gCH 19� ATIST: APPROVED: i ity ecretary /