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HomeMy WebLinkAbout1997-09-16 - Special City CouncilMINUTES OF SPECIAL MEETING City of Stephenville - City Council TUESDAY, SEPTEMBER 16, 1997 - 5:30 P.M. The City Council of the City of Stephenville, Texas, convened in special session on Tuesday, September 16, 1997, at 5:30 p.m., in the Council Chambers at City Hall, 298 West Washington 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: Absent Others Attending: I. CALL TO ORDER. John Pollan Bill Corbin Jerry B . Madkins Marshall Shelton Joel Hillin K. H. Conatser Bea Marin Billy Bob Hodges Barbara Terrell Don Davis, City Administrator Cindy L. Stafford, City Secretary Randy Thomas, City Attorney Mayor Pollan called the meeting to order at 5:30 p.m. and declared a quorum present. Mayor Pollan announced that agenda Items V and VI would be considered first. V. RESOLUTION ON RIGHTS OF WAY City Administrator Don Davis reminded the Council that the City of Stephenville is a member of the Texas Coalition of Cities for Franchised Utility Issues. This resolution expresses the City's position in regard to city -owned rights of way. Councilmember Corbin made a motion to approve Resolution 1997-7. Councilmember Marin seconded the motion which passed by unanimous vote. VI. CONSIDER ADOPTING AN ORDINANCE GRANTING UNITED TELEPHONE COMPANY OF TEXAS, INC. DB/A SPRINT, A FRANCHISE TO USE THE STREETS, AVENUES BOULEVARDS, ALLEYS, AND OTHER PUBLIC PLACES IN THE CITY OF STEPHENVILLE, STATE OF TEXAS, TO CONTINUE TO CONDUCT THE BUSINESS OF CONSTRUCTING, INSTALLING, MAINTAINING, MANAGING, AND OPERATING A TELEPHONE SYSTEM WITH ALL NECESSARY POLES, WIRES, CABLES, FIXTURES, CONDUIT AND APPARATUS September 16, 1997 -Minutes of Special Meeting 0,0063[ Mayor Pollan announced that this is the third reading of this ordinance, which requirement is provided for in the City Charter. Councilmember Marin made a motion to adopt Ordinance 1997-18. Councilmember Corbin seconded the motion. Councilmember Hillin expressed concern about the term of this franchise. Rather than having a new expiration date (October 31, 2009), he would like for the franchise to expire on the same date as the current one (October 31, 2006). Councilmember Hillin made a motion to amend Marin' s motion, providing for an expiration date of October 31, 2006. Councilmember Conatser seconded the amended motion which failed by the following roll call vote: Aves: Councilmembers Hillin and Conatser. Noes: Councilmembers Madkins, Shelton, Corbin, Hodges, Marin, and Mayor Pollan. Vote was then taken on Councilmember Marin's motion which passed by roll call vote as follows: Aves: Councilmembers Madkins, Shelton, Corbin, Hodges, Marin, and Mayor Pollan. Noes: Councilmembers Hillin and Conatser. H. PUBLIC HEARINGS ON REZONING Mayor Pollan announced the opening of a public hearing to consider rezoning 3.73 8 acres, Henry Pearson Survey, Erath County, from R-1 "Single Family Dwelling District" to B-2 "Secondary and Highway Business District". Speaking in Favor of the Rezoning: Trac Locke, P. 0. Box 412, Stephenville, Texas. He is the owner of this property which was recently annexed into the city limits. He is planning to operate a warehouse distributorship for truck/tractor parts. Speaking in Opposition of the Rezoning: No one. Mayor Pollan then closed the public hearing. Councilmember Shelton moved to adopt Ordinance 1997-19 rezoning 3.738 acres, Henry Pearson Survey, Erath County, from R-1 "Single Family Dwelling District" to B-2 "Secondary and Highway Business District", and to waive all fees in connection with the rezoning. Councilmember Hillin seconded the motion which passed by unanimous vote. September 16, 1997 - Minutes of Special Meeting OODG3C Mayor Pollan announced the opening of a public hearing to consider the rezoning of Lot 37 and the north 1/2 of Lot 38, Block 134, City Addition from B-2 "Secondary and Highway Business District" to B-4 "Private Club District". Sneaking in Favor of the Rezoning: James J. Elliott, 188 North Graham, Stephenville, Texas. Elliott and his law partner, Don Coan, represent the applicant, Mitch Williams. He informed the Council that Mitch Williams has entered into a contract with the owners of the property, Hayes, to purchase said property. The contract contains a contingency clause whereby Williams is not bound to the contract if B-4 zoning status is not granted. Elliott stated that the question to be considered is whether or not the application meets the requirements of the Zoning Ordinance. He said that he was not asking the Council to grant a beverage permit, because that was not the question before the Council. "I am asking to recognize that Mr. Williams has complied with the requirement," Elliott stated. Elliott pointed out to the Council that this property is a vacant lot and has been for quite some time, and he understand that the property has been for sale for about ten years. He also mentioned that all past prospective purchasers have been interested in building and operating a restaurant on the property; and all have felt that a B-4 zoning status would be necessary to guarantee a successful and viable operation. Elliott stated that the property has not been developed in its current condition; therefore, I think the highest and best use of the property would require B-4 zoning classification. Elliott mentioned that Mitch Williams and his family have spent a lot of money, time and energy on this project. Elliott displayed a menu for the restaurant and an architectural rendering of the restaurant. He expressed disappointment in recent newspaper articles in the Stephenville Empire - Tribune that portrayed Mitch Williams proposed restaurant as only serving "beer and pretzels", and assured the Council that was not true. He said the menu provides for full meals and gourmet dishes. At the Planning and Zoning Commission meeting, Elliott stated that Mitch Williams agreed to comply with several suggestions that were made, i.e., adding steak to the menu every day and installing a taller privacy fence. he reminded the Council that the issue is not a wet/dry issue, and was not asking to Inclosing, evera a permit. Elliott said he was simply asking the Council to recogni ze that the approve a b g p requirements have been met for a change in zoning ng status from B-2 to B-4. Stephenville, Texas. Pack stated that he is a native of Stephenville and Ron Pack, 13 5 5 South Loop, operates a business ness in Stephenville. He p stated that morals are not to be decided by bodies such as the • rained in our society;and if alcohol is to be served to the City Council. He said that alcohol is ingrained Y public al, controlled atmosphere and establishment such as the i he would rather it be served in a legal, said that he and Mitch have been friends for several years, one Mitch Williams proposes to build. H children. Pack stated that the Williams family has a desire to operate and he knows Mitch s wife and child - 1 • " disco, a bar, beerjoint, dance hall but as a family sty e the ro osed business not as a pub, a d � proposed said that he believes the majority of the drinking age restaurant that happens to serve alcohol. He September 16, 1997 - Minutes of Special Meeting 033641, population in Stephenville are mature, and he doesn't think "they should be penalized". He asked that Mitch Williams be given a chance with the type of restaurant he proposes to operate. Mitch Williams, Route 3, Box 179A, Hico, Texas. He reiterated Ron Pack's comments as to the type of establishment he does not intent to open. He told the Council that he has three children, and he planned to have a family business with an atmosphere that was in no detrimental to children. Dee White,2152 Overhill Drive, Stephenville, Texas. He advised the Council that he is the listing agent for Dwayne Hughes, owner of the property, and has listed the property for the last two years. He confirmed that several people had been interested in the property in the past, but did not want to pursue a change in the zoning of the property. He asked the Council to look at the highest and best use of this property and grant the B-4 zoning request. Speaking in Opposition to Rezoning: Jim Kirby, 129 Blue Jay, Stephenville, Texas, displayed a statistical chart for the Council setting out alcohol -related crimes in the United States as follows: 70% of all murders, 41% of all assaults, 50% of all rapes, 60% of all crimes against children, 60% of all child abuse, and 5 6% of assaults on children. Kirby stated that the name recognition of Mitch Williams' as a major league baseball player would be enough on its own to attract business, and Kirby didn't think it would be necessary to attract business through the sale of alcohol. Kirby told the Council that his brother is a recovering alcoholic and drug addict. His brother has labeled alcohol as the most dangerous of all drugs because of its availability. Kirby doesn't believe that the fact that other B-4 zoning businesses exist justifies granting this rezoning. Kirby stated that even his eleven -year -old son has noticed the frequency of requests for B-4 zoning. He urged the Council to deny Williams' request. Kirby stated that as a professor at Tarleton, he sees the problems of alcohol among young adults. He has witnessed students in his earl morning classes who were intoxicated. As a father of young children, Kirby urged the Council to deny Williams' request. Mark Kniste, 280 East Clifton, Stephenville, Texas asked the Council to vote against this item. He r • alcohol, it is not parking, nor is it "restaurant". He feels that stated that the issue is drinking and it is alc ' n to the community, the restaurant would be a great addition ,but alcohol would not be the key Y • 'n this property would allow another unwanted drinking ingredient to its success. He said that rezoning p p Y dangerous and congested street. He stated that the establishment, located on an already narrowg • d "have their hands full" with the drinking problem. Tarleton Police and Stephenville Police already • • sled against the City upon denial of this request, they the Council that even if a law suit is f g Y He urged September Sep 16, 1997 - Minutes of Special Meeting t ���s should vote against it now. He asked the Council not to add to an already existing problem and vote against the B-4 zoning. Jerry Locklin, Route 3, Box 39-L, Stephenville, stated that he was representing his mother-in-law who lives at 1245 West McNeill, adjacent to subject property. He and his mother-in-law are concerned about the problem with the arrests in the area because of the drinking. He said that he would like to get the names and addresses of the investors in this restaurant project. He then quoted some arrest figures --for the period from August 4 to August 24, there were 90 total arrests, 3 7 (41 %) of which were alcohol related. Locklin expressed concerned about Williams restaurant being a sports bar, where people choose to go in order to drink beer and watch television for long periods of time, then they end up on Washington Street. Rodger Weems, 103 Lee Trevino, Stephenville, submitted to the Council "Evidence Supporting Denial of B-4 Zoning Request", attached to these minutes and made a part hereof. The first reason Weems gave was the width of Washington Street and the traffic count per day. Information furnished by the Texas Department of Transportation states that if Washington Street were built to current design standards at this time, it would not meet the state's requirements. It also reported a daily traffic count of approximately 7,300 vehicles. The second reason Weems gave for opposing this B-4 zoning request is that the "bar would be located too close to Tarleton State University and the Tarleton Child Development Center". He supplied the Council with statistics from the Harvard School of Public Health, "Binge Drinking on American College Campuses: A New Look at an Old Problem'. Weems pointed out from the study that "campus and community must cooperate", and mentioned that proximity of bars to campus should be a great concern. Weems stated that not only should there be concern that the proposed restaurant would be directly across the Tarleton campus, the restaurant would be in close proximity to children at the three nearby day care centers. Joe E. Cude 1355 Lydia, Stephenville. Cude stated that he and many others had come to the meetingbecause the want a better Stephenville. He said that Mitch Williams, who doesn't even live . y f� profits in Stephenville, wants us to change our laws for him . Cude asked what would happen to the p o P • ' . « going to be sucked made from this business, Are they going to be spent in Stephenville, or are they g g out to another county?" Cude quoted statistics from "U. S . News and World Report" magazine that there are 40 million f the population) are problem drinkers --not alcoholics --but problem in this country (1/7 o p p ) people drinkers and this costs the American public $100 billion a year. 'n to help Stephenville?" "We've seen the problems of drinking Cude posed the question, Is this going p that have been on the news in the last four weeks --the L SU student who drank himself to death, and ek September 16, 1997 - Minutes of Special Meeting 0006.4-4. the tragedy of Princess Diana. There is no question that serious problems are caused by alcohol." He said that in some respects, he is speaking for the silent majority of Stephenville. He stated that since 1972 there have been several wet/dry elections, and the majority has always voted dry. He said that these are the same people volunteering for H.O.P.E., soccer associations, Boy Scouts, Girl Scouts, and many more. James S. Warmerdam, 1402 Prairie Wind Blvd., Stephenville, stated that he is a resident of Stephenville and is a pastoral counselor. He said that he has counseled someone in each of the categories listed in Mr. Kirby's statistical chart. He likened this situation to the story about the elephant in the living room. "Everybody knows the elephant is in the living room, but nobody feeds it and nobody cleans up after it, and after a while, you can't ignore it, and you have to admit that you have an elephant in the living room." He told the Council that we must learn the power of "No". Gladis Parr, 174 South McIlhaney, Stephenville, who owns and resides on property adjacent to the subject property. She is concerned about her safety, the loud noise, and the trash and litter, that will become a problem if the B-4 zone request if made. Parr stated that she already has a problem with trash, especially beer cans and bottles, from Bostock's, which is nearby. She also has had incidents with intoxicated patrons of Bostock's who wander onto her property. She suggested a downtown club zone, stating that no residential area would be affected. In closing, Parr stated that didn't think any of the councilmembers would want a private club or bar to move in next door to their home. Steve Keck, 1620 E. Washington, Stephenville. He has lived across the street from a private club (The Dodge House) and told the Council that once a private club is established, there is no control over what happens when the patrons leave. He sited as problems, the litter, traffic, drunk drivers, noise, public urination. He said an establishment like this will be costly to the city. Jaye Helm., Box T-2005, Tarleton Station, is a resident adviser in the dorm at Tarleton. He related a recent incident that occurred at Tarleton, when he entered a male freshman dorm room to check on the student. The student was found unconscious on the floor. Helm rushed him to the emergency room of the local hospital. The student recovered, and the attending physician advised Helm that the student Y robabl would have died without medical attention. He told the Council that they are only probably young kids when the come to college, eager to live independent lives. Helm had to call the student's Y g Y parents to inform them of the incident. Helm asked the Council, if they had college age students, how would they feel if they were to get a call like that in the middle of the night. Kirbv Fears, Route p 3 Box 189D Stephenville, who have lived in Stephenville many years. Although he still supports this city, does business here, and attends church here. he now lives in the country, pp . • he Council is considering such an agenda item. He said that one-half He said he is appalled that t g of the Police Department for could be done with if there were no alcohol related incidents. force away • 1 act to do away with all drinking in Stephenville. He said, "There is He said that the Council should y so much immorality, g ralit degradation, and health problems caused by alcohol." Of 164 , September 16, 1997 - Minutes of Special Meeting Rebuttal: In rebuttal, Jim Elliott addressed several points that had been raised. First, he advised that there were no "investors" involved" in the purchase of this property nor in the restaurant business. He stated that Mitch Williams and his wife were the only persons involved in this transaction. Second, he stated that no mention had been made of filing a lawsuit if Williams' request were denied. He said at no time in his appearance before the Planning and Zoning Commission was mention made about a lawsuit, and that certainly, the threat of a lawsuit was never made. Next, he assured everyone that the restaurant operation Williams proposed was in no one like Bostocks. Mayor Pollan closed the public hearing. Councilmember Conatser moved to adopt Ordinance 1997-20 approving the rezoning of Lot 37 and the north 1/2 of Lot 38, Block 134, City Addition from B-2 "Secondary and Highway Business District" to B-4 "Private Club District". The motion failed for lack of a second. Councilmember Madkins moved to deny the request for rezoning of Lot 37 and the north 1/2 of Lot 38, Block 134, City Addition from B-2 "Secondary and Highway Business District" to B-4 "Private Club District". Councilmember Hillin seconded the motion, and it passed by the following roll call vote: Ayes: Councilmembers Madkins, Hillin, Shelton, Corbin, Hodges, Marin, and Mayor Pollan. Noes: Councilmember Conatser in. CONSIDER AWARDING BID FOR CITY DEPOSITORY CONTRACT Councilmember Hillin made a motion to award the bid for city depository to Stephenville Bank and Trust Co. Councilmember Madkins seconded the motion which passed by unanimous vote. IV. CONSIDER APPLICATION FOR A TEXAS CAPITAL FUND GRANT Councilmember Conatser made a motion to adopt Resolution 1997-6 approving an application for funding through the Texas Department of Housing and Community Affairs under the Texas Capital Fund Infrastructure Program. Councilmember Corbin seconded the motion which passed by unanimous vote. VII. PARK AND RECREATION ADVISORY BOARD REPORT Ronnie Isham, Director of Community Services, advised the Council that the Texas Parks and Wildlife Department Commission voted not to fund the grant application. This board is recommending that we make necessary adjustments to the grant proposal and resubmit it before the deadline of September 30, 1997. 000644 September. 16, 1997 - Minutes of Special Meeting Councilmember Madkins made a motion to authorize Ronnie Isham to take the necessary action to resubmit this grant application. Councilmember Hillin seconded the motion which passed by unanimous vote. VIII. CONSIDER ADOPTING AN ORDINANCE PROVIDING FOR AMENDMENTS TO THE BUDGET FOR FISCAL YEAR 1996-97 Councilmember Corbin moved to adopt Ordinance 1997-20 providing budget amendments for the remainder of the fiscal year beginning October 1, 1996 and ending September 30, 1997. Councilmember Hillin seconded the motion which passed by unanimous vote. City Administrator Don Davis advised the Council that he had just learned of an honor that has been conferred on Ronnie Isham, Director of Community Services. Isham is to receive the Coger Stokes Award by the Texas Amateur Athletic Federation. Davis explained that the City has always been a member of the TAAF, under which we conduct all of our athletic programs. Coger Stokes was the founder of the TAAF in 1925, and the award is the highest given by the TAAF. Isham is only the 13th recipient of this award since 1925. Davis said this honor speaks very highly of Ronnie and his commitment and involvement in the TAAF. Davis added that this honor speaks well for the City of Stephenville as we would have such an employee who is recognized by his peers statewide. Davis offered his appreciation for and congratulations to Ronnie Isham. Ix. ADJOURN Jo Oollan, Mayor ATTEST: IMF 7- ,'• City So#tary September 16, 1997 -Minutes of Special Meeting 00064k.