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HomeMy WebLinkAbout1997-05-20 - Special City CouncilMINUTES OF SPECIAL MEETING City of Stephenville -City Council TUESDAY, MAY 209 1997 - 5:30 P.M. The City Council of the City of Stephenville, Texas, convened in special session on Tuesday, May 2010 19971 at 5:30 p.m.,, in the Council Chambers at City Ha11, 354 N. Belknap Street, 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: Mayor Pro-Tem: Councilmembers: John Pollan Bill Corbin Jerry B . Madkins Barbara Terrell Marshall Shelton Joel Hillin K. H. Conatser Bea Marin Tardy: 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 5:30 p.m. and declared a quorum present. He 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. Speaking in Favor of the Annexation: No one. Speaking in Opposition of the Annexation: Citizens' comments as follows: Don C o an, Route 6; Box 340, Stephenville: He stated that he had not received sufficient notice of the proposed annexation. He argued that his land is agricultural land and not beneficial to the city if annexed. He said that the proposed annexation would not be beneficial to him in any way. May 20, 1997 - Minutes of Special Meeting ; ry+ �, f, t Donnie Bramlett, Route 5, Box 40, Stephenville: He told the Council that agriculture in Erath County is in a major recession and headed for a major depression. With this in mind, he appealed to the Council not to annex this land. He also explained that the land would not be conducive to development because of the railroad running south of his property. He also expressed concern over effects the proposed Animal Control Ordinance will have if his property is annexed. Jay Mills, P. 0. Box 1669, Stephenville: Mills read a letter he wrote which was published in the Stephenville Empire -Tribune concerning this issue. He said the property he owned proposed to be annexed is landlocked with no public passageway. R. P. (Pat) Wilson, Route 1, Box 87, Stephenville, stated that he is speaking on behalf of his father, W. L. Wilson, and John R. Wayland. The land which was the subject of his opposition is along US377. Wilson wanted clarification concerning the rezoning of property once is has been annexed and brought into the city limits with a zoning classification of R-1. He said the only thing the city would provide the landowners through annexation is higher taxes. He stated that city requirements have too much red tape, and it is very difficult and very expensive to improve newly annexed land with water and sewer. He said that the city doesn't consider the developmental costs that a developer incurs. Jerry N. Locklin, Route 3. Box 39-L, Stephenville: Locklin's concern is for water drainage. He informed the council that as land has been developed, the storm water drainage has become a greater problem. He owns a three -acre lake, and is concerned that with more development, it will flood him out. Pete VVMtefield, Route 1. Box 74& Stephenville: He stated that he leases land that is being considered for annexation. He keeps a lot of cattle on the land and is concerned about the effect the newly proposed Animal Control Ordinance may have on his cattle operation. He said that this land has been a farm for many years and is likely to stay in agricultural production. J. 0. Bachus; Route RR; Box 224A, SteDhenville: Bachus owns property on US 377. He stated that he knows "what a done deal is when I see one, and this is a done deal". He also wanted clarification concerning the procedures for rezoning property once it has been annexed and is classified as R- 1. Rita Freels, Route 1, Box 71 , Stephenville, told the Council that she is unfamiliar with annexation and the procedures involved with it. She stated that she and her husband (the late Mike Freels) purchased land outside of town so they could raise their family in a country setting. She wanted to know how annexation would help her. May 20, 1997 - Minutes of Special Meeting Brad Allen. Route 1, Box 164, Stephenville owns property proposed to be annexed. Specifically, he is concerned about a parcel, 150 acres south of the railroad tract where his nursery is located. He asked that the Council send this matter back to the Planning and Zoning Commission for further study and to address the questions that have been raised. Allen also is concerned about the issue of rezoning property once it has been annexed. He is also concerned that he will not be able to use the septic system presently in operation. Another concern is the animal density requirements and hunting rights. Mayor Pollan closed the public hearing. He encouraged those persons with concerns about annexation to make an appointment with himself, City Administrator Don Davis, and Director of Community Development Betty Chew in order to discuss the issues in more detail. III. CONSIDER ADOPTING ANIMAL CONTROL ORDINANCE City Administrator Don Davis stated that this is an emotional and delicate issue. He commended the Public Health and Safety Committee for their efforts and the many meetings they have held try to resolve this ordinance. Mayor Pollan advised the audience that the Council would not be taking action on this item at this meeting. He did allow discussion from the audience, as follows: Don Coan stated that he is worried about the timing of this ordinance and its affect on proposed annexation. He stated that at the present there is no public right of way across the proposed annexed land whereby this ordinance could be enforced or patrols made on the land. James McSwain* 888 Lydia, Stephenville. He doesn't feel that all areas of concern have been fully resolved and requested more committee meetings on this proposed ordinance. He does think the idea of having local veterinarians issuing dog and cat licenses is a good one. Jovice Whitis, Route 4, Box 201, Stephenville. Whitis owns a building in town and is leased out for use as a pet shop. She thinks the ordinance should exempt pet shops, as well as veterinarians, from the kennel requirements. She stated that dogs and cats are not raised or sold. She was also concerned about the city ordinances used as a guide to draft the Stephenville ordinance. They are North Richland Hills, Highland Park, Waxahachie, Lubbock, and Coppell. She stated that these cities have nothing in common with Stephenville which is an agricultural town. Mrs. J. C. Riggs, HM Box 3, Stephenville. She told the Council that the property which she and her husband own is 45 acres which was annexed into the city. Her cows are important to them because they keep the weeds down, and with the welding business which they operate, this is essential. She said when the weeds grow, that May 20, 1997 - Minutes of Special Meeting 0,0050t leads to rats. She said with the many restrictions in the proposed ordinance, the Police Department will require more people to enforce it. Mrs. Riggs commended Jennifer Wright, Tarleton intern, for the good job she did in drafting the ordinance. However, Riggs stated that she had a problem with someone making the rules in the town when Jennifer is not going to live here. James Young suggested amendments to the ordinance concerning the situation of dog attacks which requires the owner of the dog to provide proof of liability insurance when applying for a dog license. Also, he suggested the inclusion of the "dangerous dog determination" or "two -bite law" which classifies a dog as dangerous after that dog has bit and wounded someone. Amer the second attack, the dog can be declared a dangerous dog. IV. CONSIDER IMPROVEMENTS TO PHASE I OF GOOD TREE SUBDIVISION .;I - Brad Allen, property owner, thanked City employees Carroll Gentzel, James Medders, and Betty Chew for devoted service in the completion of this phase of development. Councilmember Madkins moved to accept the infrastructure improvements within Phase I of the Good Tree Subdivision. Councilmember Hillin seconded the motion which passed by unanimous vote. V. CONSIDER APPROVAL TO WESTERN HERITAGE COMMITTEE Councilmember Terrell nominated Gary Sult as the ninth committee member on the Western Heritage Committee. Councilmember Conatser seconded the motion which passed by unanimous vote. VI. CONSIDER BID RECOMMENDATION FOR 1997 STREET RECONSTRUCTION PROGRAM Councilmember Shelton moved to award the bid for the 1997 Street Reconstruction Program be awarded to All -Tex Paving, Inc. in the amount of $167, 5 80.45 . Councilmember Terrell seconded the motion which passed by unanimous decision. VII. CONSIDER CHANGE ORDER NO. 2 AT NEW CITY HALL Councilmember Hodges moved to approve Change Order No. 2 at the new City Hall in the amount of $5,452.00 to refinish and repair the east half of the front of the building. Councilmember Corbin seconded the motion which passed by unanimous vote. May 20, 1997 -Minutes of Special Meeting 000504 VIII. CONSIDER RENEWAL OF A LEASE AGREEMENT WITH UNITED TELEPHONE COMPANY OF TEXAS Councilmember Corbin moved to authorize the Mayor to execute a lease amendment with Sprint/United Telephone Company extending its lease of the property located at Lot 6-B, Block 12, Shapard and Collins Addition until August 14, 1999 for $1,100.00 per year. IX. CONSIDER BID SPECIFICATIONS FOR NETWORK PRINTERS Councilmember Marin moved to approve the specifications for five laser-j et printers and authorize staff to solicit proposals. Councilmember Hodges seconded the motion which passed by unanimous vote. X. ELECTION OF MAYOR PRO-TEM Councilmember Hillin nominated Bill Corbin as Mayor Pro -Tern and moved his acceptance. Councilmember Madkins seconded this nomination, and Corbin was elected Mayor Pro-Tem by unanimous vote. XI. DESIGNATION OF VOTING REPRESENTATIVE TO NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS Councilmember Conatser nominated Joel Hillin as the voting representative to the North Central Texas Council of Governments. Councilmember Madkins seconded this nomination, and Hillin was elected to this position by unanimous vote. XII. EXECUTIVE SESSION At 7:03 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, § 5 51.071(1)(A), Local Government Code, Vernon's Texas Codes, Annotated, in accordance with the authority contained in Consultation with Attorney; Closed Meeting, pending or contemplated litigation. City of Stephenville v. Cecil Ford (condemnation) XM0 ACTION TAKEN ON ITEMS DISCUSSED IN EXECUTIVE SESSION No action was taken. May 20, 1997 - Minutes of Special Meeting xTv. ADJOURN There being no further business, Mayor Pollan adjourned the meeting at 7:13 p.m. Jo ollan, Mayor ATTEST: Cindy�TStaffkd, 0& Secretary 97 - Minutes of S ecial Meeting �•' �- = • May 20, 19 p g