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HomeMy WebLinkAbout1981-04-07 - Regular City Council'10 9 REGULAR SESSION- TUESDAY APRIL 7, 1981 - 7:00 P.M. CHAMBER OF THE CITY COUNCIL ` CITY HALL, STEPHENVILLE, TEXAS The City Council of the City of Stephenville, Texas, met in Regular Session Tuesday, April 7, 1981 at 7:00 pm with Mayor Joe F. Cummings present and presiding. MEMBERS PRESENT: William G. Brede E. W. Ferguson Charles Riggins Larry Hammett Raymond Anderson David Clayton MEMBERS ABSENT: q W. M. Irwin Mike Leese OTHERS ATTENDING: City Administrator Kurt Ackermann City Secretary Joyce Pemberton City Attorney Joseph Chandler Director of Finance Charlene Young Director of Public Works R. Y. Gann Director of Utilities Danny Johnson Director of Parks & Rec. Ronnie Isham Chief of Police Mike Watkins Chairman of P & Z Commission Ralph Kemp Local Manager of Texas Power & Light Co. Jerry Singleton Local Manager of Lone Star Gas Co. J. W. Beck Students of Tarleton State University Government Class Members of the press and others Mayor Cummings called the meeting to order and declared a quorum present. ITEM I: APPROVAL OF THE MINUTES Councilman Brede pointed out that Item IV, last paragraph, page 101 of the March 3, 1981 minutes should be corrected to read "Mayor Cummings commented that the city would really realize more savings than the $20,000 because they would not have the cost of the upkeep of the easements used by the garbage trucks". Councilman Riggins moved, seconded by Councilman Clayton, that the minutes of March 3rd, with the above change, March 16th and March 24th, 1981, be approved as written. Motion carried unanimously by those members present. ITEM II: ELECTION RETURNS CANVASSED Mayor Cummings appointed Councilman Clayton as chairman and Council- men Hammett and Brede of a committee to canvass the city election returns of the City Officers Election held on the 4th day of April, 1981. Mayor Cummings recessed the meeting while the committee canvassed the returns. Mayor Cummings called the meeting back to order and asked for a committee report from the canvassing committee. Councilman Clayton reported that the committee had found the returns to be in order. The results are as follows: Total votes cast ------------------------------ 594 Place 1 Charles Riggins ---------------------- 494 Linda Boyd (write-in)---------------- 1 110 Place 3 Jesse M. Sexton ------------------------------- 151 Michael David Hallmark----------------- 67 G. A. "Pinkie" Swindle------------------------362 Place 5 E. W. Ferguson -------------------------------- 386 Betty Heath ----------------------------------- 196 Place 7 Raymond Anderson ------------------------------ 490 Mayor Cummings read the Resolution stating that Charles Riggins, G. A. "Pinkie" Swindle, E. W. Ferguson and Raymond Anderson were duly elected .city councilmembers of the City of Stephenville. Councilman Clayton moved, seconded by Councilman Brede, that said Resolution be passed, adopted and approved as read. Motion carried unanimously by those members present. The City Secretary administered the Oath of Office and the elected councilmembers were seated in their respective places. e ITEM III: TEXAS POWER & LIGHT CO. REQUEST FOR RATE INCREASE Mr. Jerry Singleton, local manager for Texas Power & Light Co., came before the Council to present a request for a 20.3% rate increase. Mr. Singleton cited several reasons for the decrease in their revenues which prevents Texas Power & Light from maintaining a healthy financial position. Mr. Singleton also listed several areas where they are cutting expenses. After discussion, Councilman Riggins moved, seconded by Councilman Ferguson, to pass and adopt an ordinance suspending the effective date of proposed rate increase of Texas Power & Light Company for 120 days from April loth, 1981. Motion carried unanimously by those.members present. ITEM IV: PROPOSAL TO AMEN D FRANCHISE OF LONE STAR GAS CO. TO nVVTTTV QT:DTTT0V T TNT: ANTI VADTI T lKlk.rr Mr. J. W. Beck, local manager of Lone Star Gas Co., presented the proposed franchise amendment which defines a "Service Line" and a "Yard Line". Mr. Beck explained this change is required by federal regulations. After discussion, Councilman Anderson moved, seconded by Councilman Hammett, that the ordinance providing for a modification of the terms "Service Line" and "Yard Line" as shown in Section 4 of said ordinance be passed and approved as requested. Motion carried unanimously by those members present. (Ordinance attached to and becoming a part of these minutes ITEM V: RATE INCREASE REQUEST FROM LONE STAR GAS CO. Mr. J. W. Beck, local manager of Lone Star Gas Co., presented a request for a 9% rate increase. Mr. Beck requested the Council approve 'a temporary rate increase, effective June 4, 1981, while they study the request. Should the rate increase be refused, the temporary increase would be refunded to the consumer. After discussion, Councilman Clayton moved, seconded by Councilman Brede, to approve the request for temporary rate relief requested by Lone Star Gas Co., effective June 4, 1981. Motion carried unanimously by those members present. ITEM VI: RECOMMENDATIONS FROM THE PLANNING & ZONING COMMISSION a. Mayor Cummings set Tuesday,. May 5, 1981 at 7:00 pm in Council Chambers as the date, time and place for a Public Hearing to consider rezoning from R-1 to B-2, Lots 12, 13, 14, 15, 16, and 17, Block 147, City Addition. 8102--ORDER DECLARING RESULT OF CITY OFFICERS' ELECTION —Class 4 clsda h Coum, Inc. Order Declaring Result of City Officers' Election THE STATE OF TEXAS CITY OF STEPHENVILLE On this the 7th day of April _ 19 81 the City Council?U*6� of the City of Stephenville Texas, convened in Regular session at the regular meeting place thereof with the following members present, to -wit: Joe F. Cummings Mayor, Raymond Anderson Alderman/XKaWA#ED{td i4X William G. Brede Alderman/19=4000=d David Clayton Alderman= W. M. Irwin E. W Ferguson Alderman= Charles Riggins Larry Hammett Alderman= Joyce Pemberton __, City Secretary mkk and the following absent: Mike I G a , constituting a quorum, and among other proceedings had were the following: Alderman/93riittiit U1 pavi d (:1 nyt-nn introduced xresolution and order and moved its adoption. The motion was seconded by Alderman/&ZjMt%1817i4& Wi I 1 i am Brede and the motion carrying with it the adoption of the resolution and order prevailed by the following vote, AYES: R. Anderson W. G. Brede D. Clayton W. M. Irwin, E. W. Ferguson, C. Riggins, and L. Hammett NOES: None The resolution is as follows: There came on to be considered the returns of an election held on the 4th day of April , 19_81 , for the purpose of electing the hereinafter named officials, and it appearing from said returns, duly and legally made, that there were cast at said election 594 valid and legal votes; that each of the candidates in said election received the following votes: NAME OF CANDIDATE. TOTAI. NUMBER OF VOTES RECEIVED FOR ALDERMAN/6 KW551W£R NAME OF CANDIDATE TOTAL NUMBER OF VOTES RECEIVED Charles Riggins 494 Linda Boyd 1 FOR City Council, Place 1 NAME OF CANDIDATE TOTAL NUMBER OF VOTES RECEIVED Jesse M. Sexton 151 Michael David Hallmark 67 G. A. "Pinkie" Swindle 362 FOR City Council, Place 3 NAME OF CANDIDATE TOTAL NUMBER OF VOTES RECEIVED E. W. Ferguson 386 Betty Heath 196 FOR City Council, Place 5 NAME OF CANDIDATE TOTAL NUMBER OF VOTES RECEIVED Raymond Anderson 490 FOR City Council, Place 7 NAME OF CANDIDATE TOTAL NUMBER OF VOTES RECEIVED THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL/40MMC OF THE CITY OF STEPHENVILLE, , TEXAS: That said election was duly called; that notice of said election was given in accordance with law, and that said election was held in accordance with law, and duly elected Mayor of said City at said election and Charles Riggins G. A "Pinkie" Swindle, F. [_ Fergiisnn and Raymond Anderson were duly elected Aldermen/gefAliffiAMW of said City at said election, and was duly elected 2 and said above named parties are hereby declared duly elected to said respective offices, subject to the taking of their oaths and filing bond as provided by the laws of the State of Texas, PASSED, ADOPTED AND APPROVED this the—Zth day of 19_81 Mayor AT ST: ao-�c secretary/L7erki ((1 Strike one not appplicable. (2� Strike !1 not applicable. b. Discussion of Pecan Valley MHMR facility located at 1100 N. McCart Street. Mr. Ralph Kemp, chairman of the Planning & Zoning Commission, advised the Council that in the Planning & Zoning Commission meeting on March 19th they had taken under consideration a request from Pecan Valley MHMR for a classification of the facility located at 1100 N. McCart Street. as an "alternative residential use". The term "alternative residential use" does not appear the Zoning Ordinance. Mr. Kemp said several persons addressed the Commission speaking both for and against the facility. He stated that, after considerable discussion, it was the general consensus of the Planning & Zoning Commission that they needed more legal and medical advice before they could render a decision as to whether or not the operation was in violation of the existing zoning ordinance. On the motion of Commissioner Cox, the Com- mission requested that the City Council turn to the City Attorney and seek some type of legal and medical recommendations as to exactly what the Qperation is so that the Commission could perform their duty and decide whether the facility is in violation or compliance with the present zoning ordinance. Mr. Kemp said that, basically, the problem is the Commission is not sure whether the facility is a true residential type facility or some type medical facility which might be brought into the definition of hospital. A hospital can be placed in an R-2 district with certain limitations and the conflict is whether this facility falls under one or more of these limitation The limitations are the treatment of feeblemindedness, tubercular, liquor, narcotic, insane or small animals. The question is are they, in fact, operating a hospital where one of these five situations are being treated or a hospital where all were occupying the property as a residential use. Mr. Roy Alexander, Director of Client Services for Pecan Valley MHMR, came before the Council to discuss the type facility they are oper- ating. Mr. Alexander advised the Council that MHMR had interpreted the R-2 zoning to be multi -family dwelling, therefore, they pursed the develop- ment of the program at this location. They will not be treating clients on the premises at this location. They will be transported to the facility on the Lingleville Highway for treatment. He advised this is a short term care facility (6 weeks average) with a maximum of 14 persons at a time. MHMR is providing residence only and the clients are charged on a sliding scale according to their total annual income. MHMR is not providing treat- ment as in counseling, psychotherapy or seeing a psychiatrist for medication. There will be two staff members on duty 24 hours a day 7 days a week. One of which will be a licensed LVN or a registered nurse because occasion- ally one of the clients with a unique problem may be on certain types medication, therefore, it will be a monitoring sort of thing, but not a treatment. Mr. Alexander said the facility would provide for a variety of clients, such as, the depressed person, the nervous person, the person coming off alcohol and trying to get away from that type of addiction and those types of persons who need assistance in a supervised living type situation. It is mainly a mental health center. Mayor Cummings commented that the problem seems to be a lack ofl clarification as to whether or not this is a health facility. He said ` he would like for Mr. Chandler to render a legal interpretation of whether or not this facility would come under one of the five limitations mentioned above. He directed Mr. Ackermann to furnish Mr. Chandler with any infor- mation available. Mr. Chandler advised there was a need to establish the facts before he could render a legal opinion. He suggested the Mayor appoint a committee from the Council to look into the facts and from their findings he would give a legal opinion. Mayor Cummings appointed Councilmen Riggins, chairman, Irwin and Brede as a committee, working very closely with Mr. Chandler, to determine the pertinent facts to see if there is any legal problem and report to the Council at the next regular meeting. `I 2 a TEM VII: PUBLIC HEARING TO CONSIDER REZONING 1 TO R-2 Mayor Cummings opened the kfloor for a Public Hearing to consider rezoning Blocks 26 and 27, South Side Addition, from R-1 to R-2. Mr. L. J. Spikes addressed the Council speaking for the rezoning of Block 27 as he had made the original request. There being no one else wishing to address the Council, either for or against said rezoning, Mayor Cummings closed the Public Hearing. Councilman Anderson moved, seconded by Councilman Clayton, that the City Council approve the rezoning of Blocks 26 and 27, South Side Addition, from R-1 to R-2. Motion carried unanimously by those members present. ITEM VIII: REQUEST FROM VINCE DADDIO FOR CITY As Mr. Daddio was not present to make his presentation, Mayor Cummings tabled this item until another meeting when Mr. Daddio could be present. ITEM IX: ORDINANCE AMENDING THE GARBAGE CONTRACT FRANCHISE WITH BILL BLEDSOE Mayor Cummings read the heading of the ordinance attached to and becoming plained what constituted the amendment. the franchise amendment (copy of part of these minutes) and ex - After some discussion, Councilman Brede moved, seconded by Councilman Riggins, that the ordinance amending the garbage franchise be passed and approved as read. Motion carried unanimously by those members present. 3-AT-LARGE ORDINANCE Chief of Police Mike Watkins explained that the present ordinance provides that owners of animals running at large and picked up by Animal Control can be fined $10.00 per animal. The proposed amendment does not specify an amount and the penalty would be at the discretion of the Judge not to exceed $200.00 per offense. Councilman Hammett moved, seconded by Councilman Ferguson, that said amendment be approved as recommended by Chief Watkins. Motion carried unanimously by those members present. ITEM XI: REPORT FROM CHIEF OF POLICE MIKE WATKINS Chief Watkins explained that the State has turned the maintenance of the traffic signals on Belknap Street over to the city. Said signals are old and have been giving quite a bit of trouble, especially the one at Tarleton and Belknap. It is next to impossible to get parts or personnel for repairs. He said it would cost approximately $2,000 plus installation to replace with solid state signals. Chief Watkins suggested using the present signals until they go out, then install 4-way stop signs. He sai he thought they would work very well, especially at Tarleton and Belknap. After a lengthy discussion, Councilman. Anderson moved, seconded by Councilman Hammett, to continue with the present traffic signals on Belknap Street until the one at Tarleton and Belknap goes out, then replace it with a 4-way stop sign and try to make it through the fiscal year with the traffic lights at Belknap and Mason and Belknap and College and, hope- fully, can budget and replace them with solid state light signals next year. Motion carried unanimously by those members present. AMENDMENT TO FRANCHISE TO BILLY R. BLEDSOE FOR GARBAGE COLLECTION AND,DISPOSAL AN ORDINANCE AMENDING FRANCHISE GRANTED TO BILLY R. BLEDSOE ON MARCH 7, 1978 WHICH CHANGES SECTION TWO OF SAID FRANCHISE AND PROVIDING THAT GARBAGE WILL BE PICKED UP ON CURB OR ON ALLEYS AND TRAVELLABLE EASEMENTS AND CHANGING THE PERCENTAGE OF RECEIPTS TO BE PAID TO CONTRACTOR AS PROVIDED IN SECTION ELEVEN OF SAID FRANCHISE FROM EIGHTY-FIVE PERCENT (85%) TO EIGHTY-TWO AND ONE- HALF PERCENT (82 1/2%) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: Section One Section Two of said franchise is hereby amended to read as follows: The Contractor shall collect and dispose of all garbage, trash and refuse accumulated within the corporate limits of City of Stephenville and beyond, for which service a charge shall be made and collected by the City, under the following regulations: A. Occupants of residences that are located adjacent to a designated city alley or travellable easement shall place their garbage cans or other containers of their garbage in such alley or easement way,.where they will be picked up by Contractor, it being understood and hereby declared that designated alleys shall be -kept in travellable condition by the City, but that easements are not the responsibility of the City and shall be kept in travellable condition by the property owners over -whose land such easements run. Should any ease- ment not be travellable by Contractor's garbage trucks, the owners or occupants adjacent to such easement will place their garbage adjacent to the street on which their residences are located as hereinafter provided for those whose.resid.ences are not adjacent to a designated alley or travellable easement. B. Occupants of residences not located adjacent to a designated alley or travellable easement shall place their garbage in cans or other containers adjacent to the curb line in the utility space between their property line and t'le curb. C. Contractor shall not be rewired to pick up any garbage placed other than as provided above. D. The Contractor shall be obligated to serve all garbage service accounts, and to service such additional accounts as may be directed by the City. E. Ccmmercial bones are to be furnished by the Contractor, and the Contractor shall return all lids on such commercial boxes to the closed position upon garbage and trash being picked up from such boxes. Section Two That part of Section Eleven of said franchise reading as follows: "On the 1st day of each month, the City shall pay to the Contractor eighty-five percent (85%) of the gross receipts -1- 0 from garbage collection charges on accounts actually serviced by the Contractor for the preceding month." is hereby changed and amended to read as follows: "On the 1st day of each month, the City shall pay to the Contractor eighty-two and one-half percent (82 1/2%) of the gross receipts from garbage collection charges on accounts actually serviced by the Contractor for the preceding month." This amending ordinance shall go into effect on April 15, 1981. PASSED AND APPROVED this 7th day of April, 1981. CITY OF STEPHENVILLE Ma or ATTEST: City Secretary The above and foregoing amendment to franchise is accepted by me this g— day of April, 1981. (Billy Bledsoe) -2- AN ORDINANCE AMENDING SUBSECTION (C) OF SECTION 3-7 OF ARTICLE I OF CHAPTER 3 OF THE CODE OF ORDINANCES OF CITY OF STEPHENVILLE PROVIDING A PENALTY FOR PERMITTING OR ALLOWING AN ANIMAL TO RUN AT LARGE IN THE CITY OF STEPHENVILLE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: Section One Subsection (C) of Section 3-7 of Article I of Chapter 3 of The Code of Ordinances of the City of Stephenville is hereby changed and amended and hereafter shall read as follows: "Any person owning or keeping any animal who permits or allows such animal to run at large on the public streets, avenues, alleys, parks or other public property of the City or to run at large upon the premises of any other person within the City shall be guilty of an offense and upon conviction thereof shall be fined in any sum not to exceed $200.00." Section Two This ordinance shall go into effect immediately from and after its passage and publication as provided by law. PASSED AND APPROVED this 7th day of April, 1981. ATTEST: City Secretary 1A3 ITEM XII: COMMITTEE REPORT REGARDING COMPLIMENTARY WATER SERVICE Mayor Cummings advised that the committee was not ready to report and tabled this item until the next regular meeting. ITEM XIII: REPORT OF FINANCE YOUNG ON Mrs. Young advised the Council that the city is still withholding payments on the B-800 computer. She said she felt the system is now operating up to its potential. Also, that she and Mr. Ackermann had talked to Mr. Chandler regarding Burroughs Corporations responsibility toward paying the city for the overtime involved with the installation of said computer or deducting that amount from their payments. Mr. Chandler advised them the city did not have a valid claim against Burroughs for compensation of overtime paid as this was not stated in the contract. Mrs. Young said it has been 10 months since the city has made any payments to them and she recommended the city resume payments or get rid of the computer. After some discussion, Councilman Clayton moved, seconded by Council- man Anderson, that the city resume the monthly payments to the Burroughs Corporation for the B-800 computer. Motion carried unanimously by those members present. ITEM XIV: MEMBER APPOINTED TO THE AIRPORT ADVISORY BOARD Mayor Cummings advised that, after talking with Charles Elliott, chairman of the Airport Advisory Board, he recommended the appointment of Bob Golenia to the Airport Advisory Board. Councilman Riggins moved, seconded by Councilman Clayton, that Bob Golenia be appointed to the Airport Advisory Board as recommended by the Mayor. Motion carried unanimously by those members present. There being no other business to come before the Council, the meeting adjourned at 9:00 p.m. Joe � Cu ings ATTEST: ( Zj� 2�1_ ty ecretary