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HomeMy WebLinkAbout1997-05-06 - Regular City CouncilMINUTES OF GENERAL BUSINESS MEETING City of Stephenville - City Council TUESDAY, MAY 69 1997 - 7:00 P.M. The City Council of the City of Stephenville, Texas, convened on May 6, 1997, at 7:00 p.m., in the Council Chambers at City Hall, 354 N. Belknap Street, for the purpose of a General Business Meeting, 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 Chapter 551, Government Code, Vernon's Texas Codes Annotated, with the following members present, to wit: Mayor John Pollan Councilmembers Jerry B. Madkins Barbara Terrell Marshall Shelton Joel Hillin K. H. Conatser Billy Bob Hodges Scott Evans Bill Corbin Others Attending: Don Davis, City Administrator Cindy L. Stafford, City Secretary Randy Thomas, City Attorney I. CALL TO ORDER Mayor Pollan called the meeting to order at 7:00 p.m. and declared a quorum present. II. CITIZENS' GENERAL DISCUSSION No one wished to speak to the Council. III. CONSIDER APPROVAL OF RESOLUTION COMMENDING FMC Mayor Pollan called for John Moore, Chief Executive Officer of FMC Corporation in Stephenville, to come forward and receive the resolution commending FMC for receiving the Texas Business of the Year Award from the Texas Association of Business and Chambers of Commerce.. The Mayor then read the proposed resolution. Mayor Pollan also recognized Stephenville FMC for reaching four million hours of continuous service without a loss of time from injury. General Business Meeting -- May 6, 1997 John Moore thanked the Mayor and Council for the recognition of the Stephenville plant. He stated that FMC's accomplishments are in line with the City of Stephenville being the City of Champions. He stated that FMC, as a finalist, competed for this 1P award against Nieman Marcus, Campbell's Soup, Anheiser Busch, and Boeing Defense. Councilmember Terrell moved to approve Resolution No. 1997-4 commending FMC upon receiving the Texas Business of the Year Award from the Texas Association of Business and Chambers of Commerce. Councilmember Madkins seconded the motion, which passed by unanimous vote. IV. EXECUTIVE SESSION. At 7:07 p.m. Mayor Pollan recessed the open portion of this meeting, and the council went into executive session in compliance with the provisions of the Texas Open Meetings Law, Subchapter D, §551.072, Local Government Code, Vernon's Texas Codes, Annotated, in accordance with the authority contained in Deliberation Regarding Real Property and §551.071(l)(A) Consultation with Attorney; Closed Meeting, pending or contemplated litigation. A. City of Stephenville v. Cecil Ford (condemnation) B. Acquisition and Sale of Airport Property V. ACTION TAKEN ON MATTERS DISCUSSED IN EXECUTIVE SESSION No action was taken. At 7:40 p.m. the Mayor called the Council back into open session. VI. PUBLIC HEARING ON ANNEXATION --Consider annexing 1,123 Acres out of the Pearson, Motley, Blair, Menefee, and Roberts Surveys in Erath County, Texas Mayor Pollan opened the public hearing and invited those persons in favor of the annexation to address the Council. There was no one who wished to speak in favor of annexation. Mayor Pollan then invited those persons opposed to the annexation to speak. Donnie Bramlett. Route 5, Box 40, Stephenville, Texas. Bramlett stated that he has property located in area A-2 and A-3 of the proposed annexed land. He read a prepared statement from landowners in that area, which stated as follows: "To the City of Stephenville. We, the undersigned landowners, protest annexation of Stephenville's proposed A-2 and A-3 area as being very unfair in its property boundaries. There's ten of us landowners that are together and I'm a hundred percent of the ones that I've talked to are opposed to it. General Business Meeting -- May 6, 1997 We, the landowners, in the A-2 and A-3 are oppose this annexation by 100%. We are very happy with Tommy Bryant and the Sheriff's Department and do not want nor need any city ci services from the City. Years ago we chose to live out of town and invested in water wells, sewer systems, and buildings for rural living. Stephenville has nothing to offer us. The landowners feel that the new limits are very unfair and the boundaries are most; all the undeveloped land was included and the housing development north of town was left out. We promise the Council tonight that we are prepared to oppose the change legally; and, if annexed, we will hold Stephenville responsible for all our lives as citizens, all service to be provided on time and to the letter of the law." Bramlett also read a letter from Rita Freels, as follows: ""This issue not only involves my desire not to be in the city limits, or need city services, but also the fact that I, my children and my mother-in-law, may loose our home or rather be forced to sell. Do to the amount my taxes would increase. My husband, the late Mike Freels, and I spent seventeen years building and changing our homestead to meet our needs. I implore you to reconsider and choose areas that would lave less acreage with homes and could use the city services. Sincerely, Rita Freels" . Bramlett ask the Council to consider this issue from every angle. He stated that because it is undeveloped farm land, that it would have little or not use being annexed into the City as residential property. James Young, 1330 North Lillian, Stephenville, Texas, asked the question why it was proposing to annex this land. He stated that there are problems inside the city limits at present that need attention. He feels the Council should take care of existing problems first before committing the City to additional services. Brad Allen, Route 1, Box 164, Stephenville, Texas, addressed the Council concerning two pieces of property --one tract which has been annexed by the Council in 1996 [Good Tree Subdivision] and one tract which is a part of the land proposed to be annexed. Allen stated that the first tract, which has been provided with water and sewer along the frontage of the property, is ready to be developed; therefore, should be annexed. However, Allen contended that his property proposed to be annexed, which is used for agricultural purposes and which is south of the railroad tract should not be annexed. He stated that this property is where he operate a nursery, Green Creek Nursery. He stated that "this property is beyond, really, the sphere of the development right now that's occurring in the City of Stephenville, and even in the foreseeable future." Allen went on to say, " We've made significant investment in the property to use it for agricultural purposes. We're building greenhouses that are General Business Meeting -- May 6, 1997 �oo4e: agricultural purposes, we're building loading docks, irrigation wells, sprinkler systems and things like this. And for the City to come out and annex us at this point, and, for instance, require us to meet, if we build a building and have sewer services in that building, to be required to tie onto the city services, would be a real hindrance to what we're trying to do with the property. For all intents and purposes, we're agricultural usage and will be agricultural usage for the foreseeable future. So, in regard to that property, I would take issue with annexation." James Traweek, 137 Ben Hogan, Stephenville, Texas, wondered why the City wanted to annex property that, for the most part, is in the floodplain. He asked how the Council determined that this property should be annexed. Traweek offered that when he can developments it, we'd be glad to ask for annexation as that time. Philip Alford, 2202 South Loop, Stephenville, Texas, stated that access to his land is through land that is under consideration for annexation. He asked that the Council put, as a first priority, improvements to city services, especially flood control. VII. PUBLIC HEARING ON REZONING Mayor Pollan announced the opening of a public hearing for the purpose of rezoning Lot 4, Block 70, North 15 feet of Lot 17, City Addition, known as 600 Riverside Drive from B-2 "Secondary and Highway Business District" to R-2 "One -Four Family Dwelling District". Speaking in Favor of the Rezoning: No one. Speaking in Opposition of the Rezoning: No one. Mayor Pollan closed the public hearing. Councilmember Conatser moved to approve Ordinance No. 1997-4 rezoning Lot 4, Block 70, North 15 feet of Lot 17, City Addition, known as 600 Riverside Drive from B-2 "Secondary and Highway Business District" to R-2 "One -Four Family Dwelling District". Councilmember Shelton seconded the motion which passed by unanimous vote. Mayor Pollan announced the opening of a public hearing for the purpose of rezoning from R-1 "Single -Family Dwelling District" to B-2 "Secondary and Highway Business District", 1.92 acres of the Wm. Motley Survey, Abstract 515, Erath County, Texas (Lot 32 and 33, Pecan Hill Estates). General Business Meeting -- May 6, 1997 Speaking in Favor of Rezoning. James Bachus, P. O. Box 552, Stephenville, Texas, stated that he is the owner of the subject property. He asked the Council to look at the Planning and Zoning map of this area. He pointed out that the frontage on the subject property is 270 feet, depth of 50 feet. The closest residence to the north is 450 feet from the back of this property. He pointed out that similar property north of the high school and on newly developed areas of Bluebonnet Street has a business classification and are adjacent to residential property. He also mentioned that Pecan Hill Drive is not a designated city street, and 'if the rezoning were granted, then he [Backus] would improve that street to city specifications. Bachus then called Council's attention to the map of the Comprehensive Plan which calls for commercial property in the area of the subject property. Across the street south calls for multi -family zoning. Bachus told the Council that his land meets all requirements of current Zoning Ordinance for B-2 classification, and although a residential subdivision is situated to the north of this property, he feels that the Comprehensive Plan should be followed and his property should be rezoned to the B-2 classification. Speaking in Opposition: Ann Mears, 1405 Pecan Hill Drive, Stephenville, stated that she and her husband own and reside on Lot 27 and 28 of this subdivision, and is close to subject property. She said they bought their land in good faith that the zoning would remain R-1. She said this area has a lot of wildlife and she does not want to trade that for a view of the back of a convenience store or other business. She stated that traffic would increase at the intersection of FM988 and would lead to a dangerous situation. Bruce Arnold, 1450 Pecan Hill Drive, Stephenville, which is also close to subject property. a concern that he has is that it is not up to the Council to help the landowner [Bachus] recoup his investment in this land. Arnold believes it is clear-cut the intention of the developer when the subdivision was built, that the rock entrance sets apart the residential lots of this subdivision. Bob Glasgow, 106 Pecan Hill Drive, Stephenville. He stated that governmental bodies such as the City Council try to formulate some way for its citizens to live in peace and harmony and attempts to prosper. Glasgow set out the history of the 3 7.11 acre Pecan Hill Subdivision, beginning when Danny Wolfe platted the subdivision. Glasgow bought the first piece of property. Wolfe started out with 57 acres, sold some to Scott Allen and Don Peacock, which left the 37 acres which Wolfe developed into this subdivision. Glasgow brought up the point of deed restrictions, set out in each deed conveying property in this subdivision. The deed restrictions relative to Glasgow's property are contained in deeds recorded in Volume 609, page 135; volume 609, page 13 0; and Volume 647, page 302 of the Deed Records of Erath General Business Meeting -- May 6, 1997 County, Texas, reference being made to said deeds for the purpose of setting out deed restrictions therein. The restrictions run with the land and are binding on all persons and parties claiming under them". Glasgow referred to James Bachus' purchase of the land from the Resolution Trust Corporation for $8,500.00 for the three acres which is subject property. Glasgow maintained that the deed restrictions cover Bachus' property as well as all other properties within the subdivision. Glasgow contended that Bachus' intent is to sell subject property for $200, 000 to put a convenience store and gas station on it. Glasgow then discussed certain issues. The first issue was zoning. He mentioned long-term comprehensive. plan. "a long-term plan is a goal you go to, but as you develop a city or you develop a state, what you've got to do is mend, modify, and massage (if you will) as the city grows." Glasgow contends that, when Bachus urges rezoning because it is in the Comprehensive Plan, it is a facetious argument. Glasgow then stated that when Bachus asserts that because he meets the zoning requirements the property should be rezoned, that is not a true statement. Glasgow explained that meeting zoning requirements does not ensure rezoning of property. Glasgow also defended his position to Bachus' criticism that residents of Pecan Hill Subdivision are not citizens of Stephenville. Glasgow stated that he is offende&by these remarks. Glasgow challenged Bachus as he listed many various groups and organization to which he [Glasgow] supports and belongs to, such as SHS Booster — Club, Fine Arts Council, Project Hope, Law Enforcement, Optimist Auction, Scouts, etc. In closing, Glasgow told the Council as the deliberating body and the decisions should be made based on what is best for the citizens. In answer to a question asked by Councilmember Conatser referring to property on FM9 8 8 in close proximity to subject property which is zoned B-2. Glasgow stated that the Texas Municipal League posture is that when commercial property butts up against residential property, you need to leave residential property along. Glasgow told the Council that that is what these residents are asking the Council to do. Thomas Cochran; 1431 Pecan Hill Drive, Stephenville, said that he and his family purchased this property because of its location and that he never would have purchased the property if he thought any of the lots would be rezoned commercial. Marcille McDonald, 1437 Pecan Hill Drive Stephenville, told the Council that she agrees with all those people speaking in opposition to this rezoning, and she would appreciate the Council leaving subject property zoned R-1. General Business Meeting -- May 6, 1997 Eugene Angermann, 1409 Pecan Hill Drive; Stephenville, stated for the record that he is opposed to the rezoning. He reiterated statements previously made by other Pecan Hills residents. Melinda Parker, 1442 Pecan Hill Drive, Stephenville, asked the Council to preserve her families "American Dream". Additionally, she offered the same arguments as others who are opposed to the rezoning. Mayor Pollan then allowed for rebuttal of the issues. James Bachus stated that man speakers had misquoted Bachus. He said that those speaking spent more time on side -issues than concerning themselves with the land. He said that his track record of appearing before the Council preceded him, and decisions were made by the Council based on his history, and that was unfair. He said those opposed to rezoning have a perceived perception as to the plans Bachus has for developing the land. Bachus said it would not harm the Pecan Hill Subdivision. Mayor Pollan closed the public hearing. Councilmember Evans made a motion to adopt Ordinance No. 1997-5 to rezone R-1 "Single -Family Dwelling District" to B-2 "Secondary and Highway Business District", 1.92 acres of the Wm. Motley Survey, Abstract 515, Erath County, Texas (Lot 32 and 33, Pecan Hill Estates. Conatser seconded the motion, which failed by the following roll call vote: AYES: Councilmembers Madkins, Terrell, Shelton, Hillin, Corbin, Hodges, and Mayor Pollan. NOES: Councilmembers Conatser and Evans. VIII., CONSIDER APPROVAL OF AN ENGINEERING SERVICES AGREEMENT WITH SCHRICKEL, ROLLINS & ASSOCIATES, INC. ON THE HWY. 67/377 UTILITY LINE RELOCATION PROJECT Councilmember Hillin moved to authorize the Mayor to execute the contract with Schrickel, Rollins &Associates, Inc. for engineering services in conjunction with the Highway 67/377 utility line relocation project. Councilmember Corbin seconded the motion which passed by unanimous vote. IX. CONSIDER AN ORDINANCE PROVIDING AN AMENDED BUDGET FOR THE REMAINDER OF THE FISCAL YEAR BEGINNING OCTOBER 1,1996 AND ENDING SEPTEMBER 30, 1997 Councilmember Shelton moved to approve Ordinance No. 1997-5 to amend the budget for fiscal year beginning October 1, 1996 and ending September 30, 1997. General Business Meeting -- May 6, 1997 000486 X. SOLID WASTE MANAGEMENT COMMITTEE REPORT Councilmember Shelton gave this report which consists of three recommendations concerning the contract between the City and Waste Management, Inc. A. Contract between the City of Stephenville and Waste Management, Inc. Councilmember Shelton moved to discontinue the policy for sharing of dumpsters by commercial customers of Waste Management, Inc. Councilmember Conatser seconded the motion which passed by unanimous vote. Councilmember Shelton moved to begin on May 1, 1997 with the reconciled accounts and bill Waste Management customers accordingly. Councilmember Hillin seconded the motion which passed by unanimous vote. Councilmember Shelton moved to amend the contract with Waste Management, Inc. by adding the following new levels of commercial container options: 1. Toter (two pickups per week) at a rate of $16.50 per month. 2. 2-cubic yard container (one pickup per week) at a rate of $45.00 per month. 3. 3-cubic yard container (five pickups per week) at a rate of $140.40 per month. Councilmember Conatser seconded the motion which passed by unanimous vote. Be Financial and Operational Reports for the Stephenville Landfill Councilmember Shelton reported that the landfill is making money and has approximately 18 months of life left. The committee feels that the City should begin work on Cell No. 2. Councilmember Shelton moved to authorize the Mayor to sign an agreement with TEAM Consultants, Inc. for engineering design and cost estimates for Cell No. 2 at the Type IV Landfill. Councilmember Hillin seconded the motion which passed by unanimous vote. C. Sponsorship by the City of Stephenville and Waste Management, Inc. for aCity-Wide Clean Up City Administrator Davis stated that the city is working with Waste Management and would like to propose the clean up for Saturday, May 17, from 8 : 00 a. m. to 3 : 3 0 p. m. Waste Management will have containers at the Optimist Jaycee Park for residents who wish to bring their refuse there. Additionally, the landfill will be open for Stephenville residents. Councilmember Hillin moved to waive the landfill gate fees to City of Stephenville General Business Meeting -- May 6, 1997 residents who are participating in the city-wide clean up on May 17, 1997. Councilmember Conatser seconded the motion which passed by unanimous vote. XI. NOMINATIONS COMMITTEE REPORT Councilmember Terrell moved to accept the nominations for Dr. Linda Jones, Lee Leschper, Bob Doty, Robin Riddick, Jerry Norris, Alice Newsome, Mike Scott, and Danny Hodges to serve on the Western Heritage Committee. Councilmember Conatser seconded the motion which passed by unanimous vote. Councilmember Terrell moved to appoint Jubel Caldwell to the unexpired term of Jeff Blackwell. Councilmember Conatser seconded the motion which passed by unanimous vote. Councilmember Madkins made the motion to approve the Consent Agenda as follows: XII. PLANNING AND DEVELOPMENT COMMITTEE REPORT Councilmember Hodges gave the report which included the following: Changes to the Downtown Auto Park: • The parking lot layout was revised to expand the plaza area at the corner of Washington and Belknap Streets. This was done by eliminating four parking spaces from the original layout. The revised parking space count is 52 plus two handicapped spaces. • The parking lot lighting and electrical power outlets for special events was discussed, and the committee members suggested locating the electrical outlets at the base of the proposed trees. Don and Ronnie had been in contact with TU Electric, and have arranged to have the existing power poles removed or relocated. Staff will continue to work with TU Electric and coordinate the electrical plan for this project. • The concept plan showed locating the proposed Stephenville Bank & Trust Co. sign at the corner of Washington and Columbia Streets. The location and orientation of the sign, as well as the planting plan for the bank, will be coordinated with Perry Elliott. • Examples of plaques and pavers located in walkways were examined to illustrate how the City might install brick panels in the sidewalk and plaza that would have the flexibility to be converted into accent panels or plaques in the future. Additionally, there were photos of a light fixture that was recommended for the proposed shade structure that shines both up and down. General Business Meeting -- May 6, 1997 Second agenda was a discussion of the location of the Municipal Service Center. The merits and demerits of several sites were discussed. The committee felt it was difficult to determine a site without knowing more about the needs of the City. Therefore, the committee asked staff to develop plans for the building, along with a site development plan. The committee instructed staff to evaluate the different sites (in terms of development costs and practicality based on the proposed site/building plans) and report back to the committee. Then the committee discussed Wolfe Nursery Road and the extension of Frey Street. John Pollan reported that he and Bill Corbin met with Hugh Wolfe and listened to Hugh's recommendation on the design of Wolfe Nursery Road and Frey Street. No action required of the Council on any of these items at this time. Councilmember Madkins moved to accept the Consent Agenda as follows: XM4 Consent Agenda A. Approval of Minutes 1. Citizen's Discussion on April 1, 1997 2. Regular Business Meeting on April 1, 1997 3. Special Business Meeting on April 15, 1997 B. Bid Specifications 1. Shoring Equipment 2. Computer Network Wiring in Library C. Bid Awards --Telephone System D. Authorize the Disposal of Fixed Assets Councilmember Shelton seconded the motion, which passed by unanimous roll call vote. XIV. CONSIDER A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE CITY GENERAL ELECTION HELD ON MAY 39 1997 Mayor Pollan appointed Councilmembers Hodges, Corbin, and Shelton to serve as the Canvassing Committee which adjourned to canvass the votes. Upon the return of the Canvassing Committee, Councilmember Hodges moved to adopt Resolution No. 1997-5 declaring the following results of the City General Election of May 3, 1997. Councilmember Corbin seconded the motion which passed by unanimous vote. General Business Meeting -- May 6, 1997 000484(b.. City Council, Place 1 Jerry B. Madkins 447 votes City Council, Place 3 Joel Hillin 467 votes City Council, Place 5 K. H. Conatser 270 votes Larry Mills 243 votes City Council, Place 7 Bea Marin 343 votes Jim Young 147 votes Xv. RECOGNIZE OUTGOING COUNCILMEMBER Mayor Pollan presented Councilmember Scott Evans with a plaque recognizing his nine years on the City Council. Evans also received a commemorative watch. City Administrator Davis then presented Evans with a clock and plaque from the City Staff for his service on the council. XVI. OATH OF OFFICE OF NEW COUNCILMEMBERS City Secretary Cindy Stafford then administered the oath of office of the newly elected councilmembers--Jerry B. Madkins, Joel Hillin, K. H. Conatser, and Bea Marin. XVHO CITY ADMINISTRATOR'S REPORT City Administrator Don Davis reminded the Council of the City Auction on May 21. XVIII. ADJOURN There being no further business to come before the Council, the meeting was adjourned at 9 : 22 p.m. Jo ollan, Mayor ATTEST: Cindy L. taffor , Ci cr tary General Business Meeting -- May 6, 1997