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HomeMy WebLinkAbout1989-11-07 - Regular City Council MINUTES OF REGULAR MEETING City of Stephenville - City Council TUESDAY, NOVEMBER 7, 1989 - 7:00 P.M. The City Council of the City of Stephenville, Texas, convened in special session on November 07, 1989 at 7:00 p.m. in the Council Chambers of City Hall , 354 N. Belknap, with the meeting being open to the public and notice of said meeting, giving the date, 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, to wit: Mayor: George Swearingen Mayor Pro Tem: Bob Self Helen Martin Vicki L. Truss Ray Reynolds James L. McSwain Jim Bostic Joel M. Hillin Absent: None Others Attending: Don Davis City Administrator Charlene Young Director of Finance Joyce Pemberton City Secretary Joseph Chandler City Attorney Randy Thomas Assistant City Attorney ITEM I : Mayor George Swearingen called the meeting to order and declared a quorum present. ITEM II : COMMUNICATIONS AND PERSONAL APPEARANCES BY CITIZENS. A. Consider Request From Jannele Avalos To Discuss Child-Care Facilities In Stephenville. Ms. Jannele Avalos, 1376 Melissa, addressed the Council stating she was representing the "Family Home Child-Care Providers in Stephenville" recognized by the Department of Human Resources and registered by the State of Texas. Ms. Avalos said she is asking the City Council to modify the City' s Zoning Ordinance, Sections 5 thru 8, which prohibits "Registered Family Homes" (six (6) or less children plus six (6) or less siblings after school hours) in an R-1 Single Family Dwelling zoned district. She said believed these "Registered Family Homes", in compliance with the state statutes, should be exceptions to a City mandate and allowed in R-zoned areas. Those persons who addressed the Council in support of Ms. Avalos' request to modify the City' s Zoning Ordinance are: Julie Smith, 1310 South Loop Janey Goodwin, 997 L'ville Hwy Tonya Avalos, 1380 South Loop Sylvia Newald, 2251 L'ville Hwy Denise Harrold, 112 Omaha Almeda Pack, 511 W. Frey Kimberly Schmidt, 305 Rosebud Cathleen Godwin, 107 Blue Jay Barbara Stein, 1404 Inglewood Connie Frank, 936 W. Long Anita Truss, 2249 NW Loop #507 John Pack, 511 W. Frey Tim Swanner, P. 0. Box 386, Chris DeWees, 828 W. McNeill Gorman, TX Jenny Watson, Star Route Box 75A Cary Eaves, P.O.Box 1647, City Vickie Harris, 1205 Cage Cindy Lanier, Star Rt Box 134 Those persons who addressed the Council opposing the modifications of the City's Zoning Ordinance are: Barbara Whitis, 562 N. Graham Linda Lowry, 2292 Tarleton Katherine Lavender, 205 River No. Elaine Carr, 1395 Melissa - 265 - Councilmember Jim McSwain asked the audience the following questions: 1. How many Registered Family Home operators are present? There were 9. 2. How many operators present live in a R-1 district? There were 8. 3. How many had applied to the Board of Adjustment for a Special Use Permit? There was 1. 4. How many had checked to see what the local law was before deciding to do put a day-care facility in the family home? There was 0. After more discussion, Councilmember Helen Martin made the motion, seconded by Councilmember Vicki Truss, to assign this to the Planning and Zoning Commission to consider removing the Special Use Permit requirement for Registered Family Homes in R-1 Districts and having Registered Family Homes as a Primary Use in R-1 Districts. The motion carried UNANIMOUSLY. Councilmember Bob Self commented that one affect of extending it to Primary Use in R-1 is to remove the neighborhood consent; the ability of any given neighborhood to have any say as to whether they want a Registered Family Home in their neighborhood or not. The Special Use Permit required by going through the Board of Adjustment gives the residents in an R-1 neighborhood, within 200 feet, an opportunity to assess whether they want that increased traffic, increased noise, etc. where they are living. ITEM III: CANVASS OF SPECIAL ELECTION RETURNS & DECLARATION OF RESULTS. Mayor George Swearingen appointed Councilmembers Ray Reynolds, chair, Jim McSwain and Jim Bostic as the committee to canvass the results of the Special City Election held on this the 7th day of November, 1989. Mayor Swearingen reported the following results as returned by the Canvassing Committee: CITY COUNCIL, PLACE 7 J. Scott Evans-------675 A. H. "Ace" Keever---420 Councilmember Helen Martin made the motion, seconded by Councilmember Vicki Truss, to pass and approve A RESOLUTION AND ORDER CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE CITY SPECIAL ELECTION HELD ON THE 7th DAY OF NOVEMBER, 1989. The motion carried UNANIMOUSLY. ITEM IV: MATTERS BY COUNCILMEMBERS. A. Consider Report on the "Don't Bag It" Lawn Care Program by Ray Reynolds. Councilmember Ray Reynolds made the motion, seconded by Council- member Joel Hillin, that the City Council of the City of Stephenville does endorse the "Don't Bag It" lawn care program proposed by the County Extension Organization. The motion carried UNANIMOUSLY. Councilmember Bob Self commented that, for clarification, that this is not a requirement; this is strictly a volunteer program. ITEM IV: COMMITTEE REPORTS. A. Damage Claims Committee - Councilmember Bob Self, Chairman. 1. Lawrence Green - car accident at the intersection of Tarleton and Clinton Streets. Mr. Self reported this item is still pending, therefore, the committee does not have a recommendation. 2. Doris Fletcher, 2363 Denman - Sewer back-up under her house. Ms. Fletcher asked $228.92 in plumbing bill to get line cleaned out. - 266 - RECOMMENDATION: It was the committee's recommendation not to pay the claim as they did not feel the City was at fault or had any liability. Councilmember Bob Self made the motion, seconded by Council- member Jim McSwain, not to pay Ms. Fletcher's claim of $228.92. The motion carried UNANIMOUSLY. B. Nominations Committee - Councilmember Jim Bostic, Chairman. 1. Board of Appeals - Dangerous Buildings Abatement Code. Councilmember Jim Bostic proposed the following names for appointment to the Board of Appeals for the Dangerous Buildings Abatement Code: Brad Chilton Charles Umberson Frances Nix Connie Wooley Travis Truss Councilmember Jim Bostic made the motion, seconded by Council- member Joel Hillin, that the above persons be appointed to the Board of Appeals for the Dangerous Buildings Abatement Code as recommended by the Nominations Committee. The motion carried by the following vote: AYES: Councilmembers Bob Self, Helen Martin, Ray Reynolds, Jim McSwain, Jim Bostic and Joel Hillin. NOES: None ABSTAINED: Councilmember Vicki Truss. C. Planning & Development Committee - Councilmember Helen Martin, Chairperson. 1. Amendments to the Subdivision Ordinance: Councilmember Helen Martin reported the Committee recommends approval of the proposed amendments to the Subdivision Ordinance pertaining to Performance Bonds and Maintenance Bonds for developers/contractors. Also the Committee recommends that the number of copies of plats/final plats provided to the City by the developers be amended to five (5) blueline copies and one (1) 11" x 17" copy and finally, the Committee recommends that the Subdivision Ordinance be adopted as a complete package with the specifications and design standards which have not yet been studied by Planning & Zoning. This does not require any action until the Subdivision Ordinance actually comes up for adoption. 2. Recommendations on Section 8 Housing: Councilmember Helen Martin reported the Committee recommends that the City Council support the Commissioners' Court in the Section 8 Housing to cover the whole county. Councilmember Helen Martin requested that the Resolution rescinding a resolution relating to a Housing Authority for the City of Stephenville be removed from the Consent Agenda for a vote at this time. Councilmember Helen Martin made the motion, seconded by Councilmember Ray Reynolds, to pass a RESOLUTION RESCINDING RESOLUTION PASSED BY THE CITY COUNCIL ON JULY 11, 1989 RELATING TO HOUSING AUTHORITY FOR THE CITY OF STEPHENVILLE, TEXAS. RESOLVED, that because the persons requesting that a housing authority for the City of Stephenville, Texas, have decided to seek creation of such an authority for Erath County, Texas, rather than such an authority for the City and are proceeding toward this end with county officials of such county, and no appointment for commissioners for such an authority has been made by the Mayor of the City, the resolution relating to a housing authority for the City of Stephenville passed on July - 267 - 11, 1989 is hereby rescinded and annulled. The motion carried UNANIMOUSLY. 3. Mechanical Code - Status Report Councilmember Helen Martin referred to Memo (in Council 's agenda packet) from Don Davis, City Administrator, which advised that he and Mr. Chandler would like to visit further with representatives from the State Department of Labor and Standards in order to clear up some questions they have. Mr. Davis recommended this matter be continued until the next coun- cil meeting. 4. Lease of Bealls' Old Building: Councilmember Helen Martin reported the Committee recommends the City not lease the old Bealls' building on the square. The Committee questioned the wisdom of using taxpayers' money to renovate a leased building. Mrs. Martin asked the City Administrator to write a letter to Mr. Phil Nichols to that effect. Councilmember Helen Martin made the motion, seconded by Councilmember Jim Bostic, that the City Council decline the offer to lease the old Bealls' Building. The motion carried UNANIMOUSLY. 5. 9-1-1: Councilmember Helen Martin reported she and City Administrator, Don Davis, had attended a meeting this morning. The proposed plan for 9-1-1 in Erath County has been approved. The automatic number identification and also the automatic location identification will be implemented, which is considered the "enhanced" system. The primary answering point will be the Sheriff' s office. Subsidiary answering points will be the Stephenville Police Department, the Fire Department, the Dublin Police Department and Tarleton State University. The 50t charge will be started in January, 1990 and United Telephone will collect this charge which they will send on to the Council of Governments. It will take 20 to 24 months to get the program under way. D. Public Health & Safety Committee - Councilmember Ray Reynolds, Chairman. 1. Alarm Ordinance - Status Report Councilmember Ray Reynolds referred to the memo (in Council 's agenda packet) from Don Davis, City Administrator, which states that Mr. Davis is working with the Police and Fire Departments and has a rough draft of a proposed Alarm Ordinance which he will be presenting to the Committee in the very near future. 2. Jail Contract Agreement - Status Report Councilmember Ray Reynolds referred to the memo from Don Davis, City Administrator, which states Mr. Davis is working with representatives of all the law enforcement agencies and is trying to set a joint meeting to discuss the jail agreement, as well as other law enforcement issues. He said, hopefully, he will have some recommendations for the Committee concerning several intergovernmental agreements for services in the public safety area some time in December, with recommendations for the City Council in January. E. Erath County Committee on Aging/Stephenville Senior Citizens, Inc. Councilmember Ray Reynolds, Chairman. Councilmember Ray Reynolds referred to a memo in the Council 's agenda packet stating that the staff has met with both agencies and has received copies of their preliminary budgets and program of services. Also, the staff has met with Joseph Chandler and - 268 - discussed the possibilities of contracting with both of these agencies. Mr. Chandler is presently reviewing the legalities of such a contract. As there has been a great deal of community interest in these programs, it is imperative that the Council be on firm legal ground when taking action. ITEM V: CONSENT AGENDA: Items B(3) , C(4) and D(2) were removed from the Consent Agenda for discussion. A. APPROVAL OF MINUTES: Councilmember Helen Martin made the motion, seconded by Councilmember Joel Hillin, to approve the minutes September 26th, October 3rd, October 5th, and October 19th, 1989, with corrections as noted. The motion carried UNANIMOUSLY by a roll call vote. B. REPORTS FROM BOARDS & COMMISSIONS: Planning & Zoning Commission. 1. Councilmember Helen Martin made the motion to approve the final plat of the replat of Lot 20 and Part of Lot 7, Block 156, City Addition, as recommended by the Planning & Zoning Commission. The motion carried UNANIMOUSLY by a roll call vote. 2. Councilmember Helen Martin made the motion, seconded by Councilmember Joel Hillin, to approve the final plat of the replat of Lots 22, 23 & 24, Heritage Hills Subdivision, Phase I , as recommended by the Planning & Zoning Commission. The motion carried UNANIMOUSLY by a roll call vote. C. BID CONSIDERATIONS: 1. Bid #2470-Fire Dept - Fire Marshal 's Vehicle Councilmember Helen Martin made the motion, seconded by Councilmember Joel Hillin, to reject all bids and relet so specifications may be changed in an attempt to have bids come in at or below budgeted amount. The motion carried UNANIMOUSLY by a roll call vote. 2. Bid #2472 - Water Dept - Fire Hydrant, tapping sleeves & valves. Councilmember Helen Martin made the motion, seconded by Councilmember Joel Hillin, to award the bid to: a. A & P Water & Sewer - $ 1,560.00 - Item 1 b. Rohan Co.------------ $10,006.23 - Items 2 thru 6 The motion carried UNANIMOUSLY by roll call vote. 3. Bid #2473 - Water Dept - Materials for maintenance to water system. Councilmember Helen Martin made the motion, seconded by Councilmember Joel Hillin, to award the bid to: a. Bowles & Eden - $3,273.84 - Items 1 thru 9 b. Rohan Co.------ $2,173.82 - Items 10 thru 13 The motion carried UNANIMOUSLY by roll call vote. ITEMS REMOVED FROM CONSENT AGENDA. B(3) . Recommended by the Planning & Zoning Commission that the 50' x 416' portion of French Street .right-of-way located between Lillian Street and Fifth Street be closed and sold to adjoining property owners. Don Davis, City Administrator, advised the Council that after the agenda was prepared it came to his attention that the pro- perty north of French Street is owned by Mr. C. B. Troup. The law requires that when right-of-way is abandoned the adjacent property owners be offered the opportunity to purchase this. He suggests and recommends that this property be sold to the - 269 - requesting and adjoining property owner, Mr. Dwain Bruner, sub- ject to a release from Mr. C. B. Troup giving up his interest in the property on the north side. Councilmember Bob Self made the motion, seconded by Council- member Jim Bostic, that the City Administrator take action to establish the legal description and to obtain an appraisal on this 50' x 416' abandoned right-of-way property so that we can then proceed to negotiate the sale to the adjoining property owners and that the City Administrator be authorized to advise the property owners that they will pay the cost of the survey and the appraisal . The motion carried UNANIMOUSLY. C(4) . Landfill Cell Construction. Don Davis, City Administrator, explained that the Council had appropriated some $45,000 for contractual work at the landfill . He said the bid to be awarded at this time was for hourly work by a contractor to assist the city with some excavation at the landfill . Councilmember Joel Hillin made the motion, seconded by Council- member Councilmember Jim McSwain, to authorize staff to employ J. B. Word Construction Co. at the rates listed on the bid tabulation. The motion carried UNANIMOUSLY. D. ORDINANCES & RESOLUTIONS: 1. Councilmember Helen Martin made the motion, seconded by Council- member Joel Hillin, that the City Council pass and approve a RESOLUTION to the State Department of Highways & Public Trans- portation regarding the Texas Highway Trunk System. The motion carried UNANIMOUSLY. ITEM VI: PUBLIC HEARINGS. Mayor George Swearingen opened the floor for a public hearing to con- sider the proposed amendment to the Wastewater Pre-treatment Ordinance. THOSE IN FAVOR OF AMENDMENTS: None THOSE OPPOSED TO AMENDMENTS: 1. Mr. Jim Johnson addressed the Council regarding the amendments to the Wastewater Pre-treatment Ordinance on behalf of Appleton Electric Co. 2. Ms. Margaret Bowman, an attorney speaking on behalf of Appleton Electric, addressed the Council regarding said ordinance. Ms. Bowman had some questions regarding the ordinance which she said would be submitted in writing. 3. Mr. John Cook, an environmental engineer, representing Alan Plummer & Associates, addressed the Council stating that he was here to answer any questions there might be regarding the ordinance. He said he had recommended the city engage an attorney specializing in environmental matters to respond to the legal aspects of Appleton's letter and presentation at this meeting. There being no one else present wishing to address the Council on this matter, Mayor Swearingen closed the public hearing. ITEM VII: DEPARTMENTAL REPORTS: City Administrator's Report. 1. Discussion regarding prospective Board, Committee and Commission appointees. Don Davis, City Administrator, advised the Council that, included in their agenda packets were recommendations concerning the boards and committees representatives. There are several coming up the first of next year. If the Council is in agreement, he would recommend that the form (in the agenda packet) be instituted and each councilmember submit some nominees to have on file and to - 270 - provide to the Nominations Committee as needed. The Committee would not be bound by the nominees submitted. Mayor Swearingen recessed the open session of this meeting for an executive session. ITEM VIII: EXECUTIVE SESSION as provided in the open Meetings Act, Vernon's Texas Civil Statutes, Article 6252-17, Section 2(e) , for the purpose of the City Attorneys briefing the Council on the status of pending litigation. Mayor Swearingen reconvened the Council into open session. No action was taken as a result of matters discussed in the executive session. ITEM IX: ADJOURNMENT. There being no other business to come before the Council , Mayor Swearingen adjourned the meeting at 11:30 p.m. ATTEST: George S ring n, Mayor yce emberton, City Secretary - 271 -