HomeMy WebLinkAbout1993-12-07 - Regular City Council
MINUTES OF REGULAR MEETING
City of Stephenville - City Council
TUESDAY, DECEMBER 7, 1993 - 7:00 P.M.
The City Council of the City of Stephenville, Texas, convened in
regular session on December 7, 1993, at 7: 00 p.m., in Council
Chambers at City Hall, 354 N. Belknap Street, with the meeting
being open to the public and notice of said meeting, giving the
datem time, place and subject thereof, having been posted as
prescribed by Article 6252-17, Section 3A, V.T.C.S., with the
following members present:
Mayor: Lavinia Lohrmann
Mayor Pro Tem: Scott Evans
Councilmembers: Alan Nix
Donald L. Zelman
Sam Taylor II
John Wooley
William F. (Bill) Johnson
Billy Bob Hodges
Bill Bailey
Absent: None
Others Attending: Don Davis, City Administrator
Joyce Pemberton, City Secretary
Randy Thomas, City Attorney
I. CALL TO ORDER: Mayor Lavinia Lohrmann called the meeting
to order and declared a quorum present.
II. PRESENTATION OF EMPLOYEE SERVICE AWARDS.
Mayor Lohrmann presented service awards to the following
employees:
George Barker
Don Miller
Jimmy D. Mooney
10 years
15 years
25 years
Police Department
Police Department
Fire Department
III. COMMITTEE REPORT:
A. Public Health and Safety
Councilman Zelman reporting for the Public Health and
Safety Committee, reminded the Council that in October
the Council approved an ordinance requiring the
inspection of food handling facilities. It is now
necessary that we approve the food inspector. The
Committee, in their last meeting, unanimously voted to
recommend The Henneke Corporation (Jodena Henneke, Don
Henneke and Charles Palmer). Mrs. Henneke and Mr.
Palmer are registered sanitarians and Mr. Henneke is in
the process of obtaining his certification.
In addition, to recommending the Hennekes, we also need
to define what "temporary food service" is, as opposed
to "full time food service", since they will be
handled differently. The Committee is recommending that
"temporary food service" be defined as commercial
operators that serve the general public at a fixed
location for more than 24 hours, but no more than 14
days. The fee for temporary food service inspections
will be $25.00 plus $5.00 per day and they will be
subject to inspection prior to operating in the City,
which is in contrast to full time operators who will
pay $100.00 inspection fee plus $10.00 administrative
fee. Full time operators will be inspected by lot only
once a year. Commercial and voluntary groups which sell
food for a period of less than 24 hours be requied to
register with the City. They will not be inspected, but
they must register with the City for $5.00, at which
time they will be given a "facts" sheet for the serving
and handling of food. The Committee unanimously
recommends amending Ordinance No. 1993-29 to include the
above definitions and fees.
After discussion, Councilman Zelman moved approval of
above recommendations. Seconded by Councilman Wooley.
Motion carried UNANIMOUSLY.
Don Davis, City Administrator, advised the Council that
the actual contract and the ordinance amendments will be
brought to the Council at the next meeting.
IV. CONSENT AGENDA: Councilman Taylor moved approval of the
Consent Agenda, as listed below. Councilman Evans
seconded the motion. Motion carried UNANIMOUSLY by a
roll call vote.
A. Approval of the minutes:
1993.
November 2 and November 23,
B. Approval of an additional
who patronize the Library
family.
fee for non-city residents
in the amount of $10.00 per
C. Approval of specifications:
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1. Uniforms - Utilities & Community Service Divisions
2. Annual purchase of chemicals
3. C.A.D. System-for mapping of existing utility lines
4. Vehicles for various Divisions:
a. 2 full-size police equipped sedans
b. 1 mid-size sedan
c. 1 utility vehicle
d. 1 3/4 ton chassis w/service body
e. 2 1/2 ton pickups
D. Award Bid to Alderfer Air Conditioning for a new
ac/heating unit at City Hall in the amount of
$8,274.
V. PUBLIC HEARINGS:
A. Mayor Lohrmann opened the floor for a public hearing to
consider rezoning the 2400 block of Northwest Loop from
R-1 "Single Family Residential District" to B-1
"Neighborhood Business District".
THOSE IN FAVOR:
Dr. H. L. Raley (owner of the property)
THOSE OPPOSED: None.
There being no one else wishing to address this issue,
Mayor Lohrmann closed the public hearing.
B. Mayor Lohrmann opened the floor for a public hearing
to consider rezoning the 2700 block of Northwest Loop,
from R-1 "Single Family Residential District" to B-2
"Secondary and Highway Business District".
THOSE IN FAVOR:
James O. Bachus (owner of the property).
THOSE OPPOSED:
Martin Petersen and Phillip AW;er ,q/f<;_J.
There being no one else present wishing to address this
issue, Mayor Lohrmann closed the public hearing.
C. Mayor Lohrmann opened the floor for a public hearing
to consider a petition from Stephenville Land, Inc.
to annex 0.993 acres of the Wm. Motley Survey.
THOSE IN FAVOR: None.
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THOSE OPPOSED: None.
There being no one present wishing to address this
issue, Mayor Lohrmann closed the public hearing.
Councilman Taylor moved to accept the petition, as
submitted, to annex 0.993 acre of the Wm. Motley
Survey, located in the 400 Block of Tanglewood
Trail. Councilman Bailey seconded the motion. The
motion carried UNANIMOUSLY.
VI. ORDINANCES AND RESOLUTIONS:
A. Councilman Evans moved approval of ORDINANCE NO.
1992-34 REZONING 1.34 ACRES IN THE WM. MOTLEY
SURVEY, LOCATED IN THE 2400 BLOCK OF THE NORTHWEST
LOOP, FROM R-1 "SINGLE FAMILY RESIDENTIAL DISTRICT"
TO B-1 "NEIGHBORHOOD BUSINESS DISTRICT". Councilman
Johnson seconded the motion. Motion carried
UNANIMOUSLY.
B. ORDINANCE NO. 1993-35, Rezoning 2700 Block of Northwest
Loop, from R-l "Single Family Residential District" to
B-2 "Secondary and Highway Business District".
It was the consensus of the Council to table this item
until the December 21st special meeting.
C. Councilman Evans moved approval of ORDINANCE NO. 1993-36
ANNEXING 0.993 ACRE OF THE WM. MOTLEY SURVEY, LOCATED IN
LOCATED IN THE 400 BLOCK OF TANGLEWOOD TRAIL, INTO THE
CITY OF STEPHENVILLE. Councilman Bailey seconded the
motion. The motion carried UNANIMOUSLY.
VII. CITY ADMINISTRATOR'S REPORT.
City Administrator, Don Davis, reported that the engineers
for Wal-Mart, Dunaway and Associates, opened the bids for
the extension of Wolfe Nursery Road on Wednesday, December
lsst. We asked our engineers, Schrickel, Rollins, &
Associates, to attend that bid opening. Although, I have
not seen the bid tabulations, it is my understanding that
the low bids will be within the amount that can be abated.
A representative from Dunaway & Associates is meeting with
corporate representatives of Wal-Mart this week. We should
know Wal-Mart's intentions by Tuesday night. We would
request you have a special council meeting on Tuesday,
December 21st. This would enable us to act on the Wal-Mart
application (if requested). Also, it would allow us to act
on any changes the county might suggest to service
contracts.
We will have the specifications for the new fire truck for
your consideration at that time.
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VIII. CITY COUNCIL/CITIZEN GENERAL DISCUSSION.
IX. EXECUTIVE SESSION: in compliance with the provisions of the
Texas Open Meetings Act, Article 6252-17, Vernon's Texas
Civil Statutes, in accordance with the authority contained
in LEGAL: Section 2(e), consultation between the City
Council and its atorney; PERSONNEL: Section 2 (g), discussion
of personnel matters.
A. Status Update on the Don Blackwell vs. City of
Stephenville Lawsuit.
X. ACTION TAKEN (if anv) ON MATTERS DISCUSSED IN EXECUTIVE
SESSION.
A. Don Blackwell vs. City of Stephenville - Status Report -
No action taken.
There being no other business to come before the Council at this
time, Mayor Lohrmann adjourned the meeting at 8:00 p.m.
(!l'Jr~ST: /1
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~Jo e Pemberton,
City Secretary
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.~ Lavinia Lo rmann, Mayor
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ORDINANCE NO. 1993-34
AN ORDINANCE REZONING THE LAND DESCRIBED FROM THE
CLASSIFICATION OF R-l "SINGLE-FAMILY DWELLING DISTRICT"
"NEIGHBORHOOD BUSINESS DISTRICT."
ZONING
TO B-1
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE,
TEXAS:
That certain land in the City of Stephenville being 1.34
acres of the Wm. Motley Survey, Abstract 515, Erath
County, Texas, located in the 2400 Block of the Northwest
Loop (F.M. 988.)
and it is hereby rezoned and the zoning classification changed from
the classification of R-l "Sinole-Familv Dwellino District" to B-1
"Neiohborhood Business District," in accordance with the Zoning
Ordinance of the City of Stephenville.
PASSED AND APPROVED this the seventh day of December, 1993.
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(~L~vinia ~rmann, Mayor
ATTEST:
~~
Reviewed by Donald B. Davis,
City Administrator
~~
Randy Thomas, City Attorney
Approved as to form and legality
ORDINANCE 1993-36
AN ORDINANCE MAKING A PART OF THE CITY OF STEPHENVILLE LAND
ADJACENT THERETO AND BEING A 0.993 ACRE TRACT OF LAND OUT OF THE
WILLIAM MOTLEY SURVEY, ABSTRACT, NO. 515, IN ERATH COUNTY, TEXAS
WHICH IS DESCRIBED BELOW AND WHICH JOINS THE PRESENT CITY LIMITS OF
THE CITY OF STEPHENVILLE AND WHICH ORDINANCE FULLY DESCRIBES SAID
LAND:
BE IT ORDAINED BY THE CITY COUNCIL OF STEPHENVILLE, TEXAS:
That certain land adjacent to the City of Stephenville and
adjoining same and specifically described as follows:
ALL that certain 0.993 acre tract of land, being part of
the Wm. Motley Survey, Abstract No. 515, in Erath County,
Texas, being part of that certain 405.51 acre tract of
land described in deed from Lemuel A. Brock et ux to
Stephenville Land, Inc. and recorded in Volume 423, Page
451 of the Deed Records of Erath County, Texas and
described as follows:
BEGINNING at an iron rod set at the most southerly corner
of Lot 15 of Block 1 of the Tanglewood Estates Addition
to the City of Stephenville as shown by a plat thereof
recorded in Volume 1, Page 107 of the Plat Records of
Erath County, Texas, for the most easterly corner of this
tract;
THENSE S 38 deg. 00' 20" W along the centerline of a
Brazos Electric Coop easement as recorded in Volume 280,
page 354 of the Deed Records of Erath County, Texas,
146.94' to an iron rod set for the most southerly corner
of this tract;
THENSE N 51 deg. 59' 40" W, at 240.0' pass an iron rod
set in the southeast line of a 50 foot wide road right of
way, continuing in all 290.0' to an iron rod set in the
northwest right of way of said road, for the most
westerly corner of this tract;
THENSE N 38 deg. 00' 20" E along the northwest line of
said road, 169.59' to an iron rod set the most southerly
corner of Lot 1 of Block 4 of the Tanglewood Estates
Addition for the most northerly corner of this tract;
THENSE S 30 deg. 35' 48" E, crossing the west end of
Tanglewood Trail, at 53.70' pass the most westerly corner
of Lot 15 of said Block 1, in all 62.09' to an iron rod
at an external corner of said Lot 15, for a corner of
this tract;
THENCE S 51 deg. 59' 40" E, 232.19' to the place of
beginning and containing 0.993 acres of land.
is hereby received into the City Limits of the City of Stephenville
and made a part of the City of Stephenville and the City Limits of
the City of Stephenville are hereby extended in accordance with the
lines and the description of the parcel of land herinabove
described.
The above described land is hereby annexed and made a part of the
City of Stephenville by virtue of petition presented to the City
Council of the City of Stephenville which petition was signed by
Seth Moore, Jr. President Stephenville Land, Inc. who is the owner
of the property, and duly sworn to by him; and there being no
inhabitants or qualified voters presently residing within the
boundaries of said 0.993 acre tract of land; and all action having
been taken by the City Council of the City of Stephenville as
required by the statutes of the State of Texas and by the charter
of the City of Stephenville and hearing having been held as
required by said statutes and by the charter.
The City Council, having a quorum present at this meeting of
December 7, 1993, motion was duly made and duly seconded that this
ordinance pass, and upon vote, said motion carried unanimously.
This ordinance shall go into effect immediately and the above
described land is hereby declared to be annexed and the same is
declared to be a part of the City of Stephenville.
PASSED AND APPROVED this seventh day of December, 1993.
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ATTEST:
City Secretary
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Review by Donald B. Davis,
City Administrator
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Approved as to form and legality,
Randy Thomas, City Attorney