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HomeMy WebLinkAbout1982-03-02 - Regular City Council181 MINUTES OF THE .CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS, HELD ON TUESDAY, MARCH 2, 1982 - 7:OO P.M. A 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 Joe F. Cummings Councilman G. A. Swindle Councilman W. 14. Irwin Councilman W. G. Brede Councilman Charles Riggins and with the following members absent: None Councilman Raymond Anderson Councilman E. W. Ferguson Councilman Larry Hammett Councilman David Clayton City Administrator Kurt Ackermann, City Secretary Joyce Pemberton, City Attorney Joseph Chandler and many others were also present. ITEM I: APPROVAL OF MINUTES Councilman Irwin moved that the minutes of the regular meeting of the City Council held on the 2nd day of February, 1982, be approved as written. Councilman Brede made the second. The motion carried by the following votes: AYES: All members present. NOES: None ITEM II: HEAR MR. JERRY SINGLETON REGARDING TP &L RATE REQUEST. Mr. Jerry Singleton, local manager of Texas Power & Light Co. pre- sented and requested approval of an ordinance suspending the effective date of proposed revisions of rates and schedules of TP &L for 120 days from March 19,1982. After some discussion, Councilman Irwin moved the adoption of the following ordinance: AN ORDINANCE SUSPENDING THE EFFECTIVE DATE OF PROPOSED REVISIONS OF RATES AND SCHEDULES OF TEXAS POWER & LIGHT COMPANY FOR 120 DAYS FROM MARCH 19, 1982; PROVIDING THAT THE RATES OF SAID PUBLIC UTILITY SHALL REMAIN UNCHANGED DURING THE PERIOD OF SUSPENSION; AND PROVIDING FOR NOTICE HEREOF TO SAID PUBLIC UTILITY; AND DECLARING AN EMERGENCY Councilman Swindle made the second. The motion carried by the following vote: AYES: All members present NOES: None ITEM III: HEAR RECOMMENDATIONS FROM AIRPORT ADVISORY BOARD. Mr.. Hugh Wolfe, chairman of the Airport Advisory Board, presented a contract /agreement between Tryggvi Helgason, airport manager, and the City of Stephenville for the City Council's consideration. Mr. Wolfe also presented a list of changes and improvements as re- commended by the Airport Advisory Board. (Copy of recommendations on file in the City Secretary's office). After discussion, Mayor Cummings appointed the following committee: Councilmen Swindle, chairman, Riggins, and Clayton, to meet with City Attorney Chandler to review the contract /agreement and report back at the next meeting. I "8 2 Mayor Cummings directed the City Administrator next agenda an item which would enable the Council commendations which would have only a nominal cost requiring a substantial expenditure would be taken budget time. ITEM TV- HEAR A REPORT FROM MR. FLOYD FI Mr. day -care 19, 1981, the city. to include on the to act on those re- and those recommendations into consideration at ZONING Floyd Fisher, an attorney from Garland representing a number of operators and parents, addressed the Council regarding the OctobE Board of Adjustment`s,classification of day -care facilities in The basis of Mr. Fisher's report was that, since, the city's Zoning Ordinance did not specifically mention day -care facilities, the Board of Adjustment's classification of them was, effectively, a zoning act and zoning requires action by the City Council. He said that the Board. of Adjustment has no power to determine where a business may or may not operate. This is legislative action and must be decided by the City Council. (A copy of Mr. Fisher's "REPORT ON STEPHENVILLE'S BOARD OF ADJUSTMENT" is on file in the City Secretary's o ice . City Attorney Joseph Chandler made the following statement: " The state statutes give the Board of Adjustment the power to ,determine, in cases of uncertainty, classifications of any uses not specifically named in this ordinance. That is what the Board of Ad- justment has done. The statements made by Mr. Fisher are opinions. The cases that have been decided in the courts of Texas are based on specific facts of those cases. The only power the City Council would have would be to make a revision of the Zoning Ordinance and make the revision an amendment. As the ordinance presently stands, day -care facilities are not specifically mentioned and that is the purpose of the provision that the Board of Adjustment may consider and make classifications not speci- fically mentioned in the Zoning Ordinance. That is the position of the city's ordinance and the action taken: There is no appeal from the Board of Adjustment to the City Council. The City Council has no power to over- ride the Board of Adjustment except to amend the Zoning Ordinance because of the procedure provided." Mayor Cummings made the following statement: "This Council has never taken the position that we were not aware of the problems. Our'positon is and has been that the Council did not have the authority.to over -ride the Board of Adjustment. We have been more than willing to discuss this with anybody as we have two other times I can think of. In good conscience,, I cannot let it go by without saying that I, personally, do not appreciate the attack on one of the leading citizens in this community and his wife. It was embarassing, at the very least, and perhaps slanderous, I'm not sure. I do not appreciate these people being attacked when they were simply doing what they were asked to do . . for nothing. They have nothing to gain out of this. It is interesting to me that we can get Channel 5 down here over something like this when I person- ally know that we have called them three times for positive, very infor- mative programs such as our International Student Day here recently and the} won't come at all. If it is going to be a personal vendetta, I think we need to draw the lines and let's get at it. If we wish to approach this 7 adults, we will certainly do so. This Council has never refused to lister to anyone. If, after discussion, Mr. Chandler determines or the Council determines, that we have authority in this line, then the Council is not adverse to making a decision. It has been our advice from our legal counsel that we do not and that's the way we have proceeded up to this time. So, as of this moment, I can simply say what I have said two other times and that is that the recourse is through the courts." e ORDINANCE NO. AN ORDINANCE SUSPENDING THE EFFECTIVE DATE OF PROPOSED REVISIONS OF RATES AND SCHEDULES OF TEXAS POWER & LIGHT COMPANY FOR 120 DAYS FROM MARCH 19, 1982; PROVIDING THAT THE RATES OF SAID PUBLIC UTILITY SHALL REMAIN UNCHANGED DURING THE PERIOD OF SUSPENSION; AND PROVIDING FOR NOTICE HEREOF TO SAID PUBLIC UTILITY; AND DECLARING AN EMERGENCY WHEREAS, Texas Power & Light Company heretofore, on February 12, 1982, filed with the Governing Body of this City a Statement of Intent and Petition for Authority to Change Rates for electric service provided by it within the corporate limits of the City and proposed that the revised schedules and rates become effective on March 19, 1982; and WHEREAS, the City Council is of the opinion that it is necessary to consider a large amount of data in connection with the request and that public hearings thereon are necessary and, consequently, that the proposed effective date of said revised schedule of rates should be suspended; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: Section 1 The effective date of the proposed revision of rates and schedules of Texas Power & Light Company for electric service within the City, heretofore filed on February 12, 1982, is hereby suspended for a period of 120 days from March 19, 1982. The reason for such suspension is to provide additional time for consideration of data, for the conduct of public hearings and for final determination of the propriety of the request for a rate increase. Section 2 The rates of Texas Power & Light Company for electric service within the City in effect on February 12, 1982 shall continue in force during the period of suspension as provided in Section 1. Section 3 The City Secretary is hereby directed, promptly after passage hereof, to furnish a copy of this Ordinance to Texas Power & Light Company. Section 4 An emergency exists necessitating the suspension of any rule requiring multiple readings of this Ordinance and all multiple readings of this Ordinance are hereby waived; this ordinance shall take effect immediately upon its passage. PASSED AND APPROVED at a Regular meeting of the City Council of the City of Stephenville, Texas, on this the 2nd day of March, 1982. Mayor ST: City Secretary APPROVED AS TO FORM AND LEGALITY: /iri% 183 ITEM V: HEAR REPORT FROM WILLIS Drr ADTITAIP ATTPIRNATT17FQ Mr. C. Lynn Willis of Willis Environmental Engineering, Inc. from Marble Falls presented an Eng neering Report For Proposed Elevated Stora e Facilities For The City of Stephenville. A copy o this report is on i e in the City Secretary's o ice. Mr. Willis presented five plans to increase Stephenville's water storage capacity, citing the requirements taken from the rules of the Texas Department of Health and the State Board of Insurance as the basis of his recommendations. Mr. Willis did state that he recommended Plan 5 as this plan would provide adequate water pressure. Mayor Cummings advised he would schedule a called meeting of the Council during the next two weeks to look over the various plans and alternatives, the cost, and how it could be financed. ITEM VI: HEAR ANNUAL AUDIT REPORT FROM FIRM OF'CHEATHAM & LANSFORD Mr. David Cheatham of the accounting firm of Cheatham & Lansford presented and discussed the annual city audit report. After discussion, Councilman Swindle moved that the annual audit report of the fiscal year October 1; 1980 through September 30, 1981, be approved and accepted as presented by Mr. Cheatham. Councilman Clayton made the second. The motion carried by the following vote: AYES: All members present NOES: None ITEM VII: FOR RESTRICTING THE SALE OF ALCOHOLIC City Administrator Kurt Ackermann said the Alcoholic Beverage Com- mission official (Ray Young) had suggested that the city could enact an ordinance requiring a private club selling alcoholic beverages to be located 300 feet from a church, public school, or hospital. After discussion, Mayor Cummings appointed a committee consisting of Councilmen Brede, chairman, Ferguson, and Anderson to meet with City Attor- ney Chandler to get a final definition on whether or not Tarleton State University is legally considered a public institution or how it would be classified legally. Also to come up with a specific proposal for an or- dinance to require private clubs to be 300 feet from a church, public school, or hospital. City Attorney Chandler commented that establishing a classification for Tarleton State University will be an area of opinion and not a fixing of power as there is not a precedent. ITEM VIII: HEAR RECOMMENDATIONS'FROM TRAFFIC STUDY COMMITTEE. Councilman Swindle, reporting for the Traffic Study Committee, said the committee had met with the State Highway Department for their re- commendations to best alleviate the traffic problems on Washington Street and around the square. They have not made any formal recommendations as yet. The Highway Department is presently doing a traffic study and will meet with the committee again to present the results of this study, make their recommendations, and help look into methods of financing, therefore, the committee is not ready to make any formal recommendations at this time regarding the traffic problems on Washington Street and around the square. Councilman Swindle said the committee does recommend that parking of vehicles on state right -of -ways be prohibited. He said that there is a lot of parking on state right -of -ways around clubs and public gathering places. After some discussion, Councilman Swindle moved that the City Council authorize City Attorney Chandler to draft an ordinance limiting the parking on state right -of -ways within the corporate limits of the City of Stephenville Councilman Brede made the second. The motion carried by the following vote: AYES: All members present NOES: None It ,4 REPORT.FROM Councilman Irwin, reporting for the committee, said that in the last council meeting Mr. Isham had proposed new lighting facilities for McCleskey Field and Optimist Little League Field. During the committee's study, they found it would be more advantageous, dollar wise, to go ahead with new lights at .McCleskey Field, Optimist Little League Field, Norton Field, and Babe Ruth Field also. The approximate cost to be $34,000.00 total. Mr. Isham has $10,000.00 in the present budget.which would leave a balance of $24,000.00 to be financed on a lease /purchase agreement, therefore, the committee recommends to in- vite bids for these lighting facilities for the ballfields. After some discussion, Councilman Irwin moved to authorize the Director of Parks & Recreation Ronnie Isham to invite bids for the lighting of the ballfields at the city park. Councilman Clayton made the second. The motion carried by the following vote: AYES: All members present NOES: None ITEM X: CONSIDER BIDS FOR PURCHASE OF THREE POLICE VEHICLES. Chief of Police Doug Conner presented the following bids for three (3) police vehicles as per specifications: A. Bruner Chevrolet Co. - - - - -- ---------- - - - - -- $29,122.05 Stephenville, Texas Wayne Blue Ford. Co. - - -- ------------- - - - - -- $28,284.90 Stephenville, Texas Councilman Irwin moved to award the bid to Wayne Blue Ford Co. for the purchase of three (3) police vehicles as per specifications @ $28,284.90. Councilman Ferguson made the second. The motion carried by the following vote: AYES: All members present NOES: None B. Councilman Clayton moved the authorization to invite bids for a new or used air compressor for the Water Department. Councilman Hammett made the second. The motion carried by the following vote: AYES: All members present. NOES: None ITEM XI: AWARD BID TO REWORK WELLS IN WELL FIELD ON HIGHWAY 67. Mayor Cummings advised this was an emergency item as this work needs to be done as soon as possible in order to have these wells in full pro- duction by summer. Director of Public Works R. .Y. Gann presented the following bids for parts and labor to rework wells #1, 2, 3 in the well field on Highway 67, drilled in 1977 -78: 1. Smith Pump Co.----=------------------- $18,784. Waco, Texas 2. Dowell Well Service ------------------- $25,136. Stephenville, Texas 3. J. Z. Myers Co.-------------------- - - -$18 258. Dallas, Texas 4. Lane Texas Co.------------------ - - - - -- $25,698. Dallas, Texas 5. Lane Western Co.---------------- - - - - -- $16,843. Dallas, Texas 185 Councilman Irwin moved to award the bid to Lane Western Co. @$16,843. for th'e labor and parts to rework wells #1, 2, 3 in well field or0ffliglway 67. Councilman Swindle made the second. The motion carried by the following vote: AYES: All members present NOES: None. There being no other business to come before the Council, the meeting adjourned at 9:10 p.m. or Joe F. Cummings ATTEST: i Secretary