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HomeMy WebLinkAbout2015-05-05 - Regular City CouncilMINUTES OF REGULAR BUSINESS MEETING City of Stephenville - City Council Tuesday, May 5, 2015, 5:30 P.M. The City Council of the City of Stephenville, Texas, convened on May 5, 2015, at 5:30 p.m., in the Council Chambers at City Hall, 298 West Washington Street, for the purpose of a Regular 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 Jerry K. Weldon II Mayor Pro-Tem Russ McDaniel Council members Casey Hogan Boyd Waggoner Doug Svien Brady Pendleton Alan Nix Sherry Zachery Jerry Warren Others Attending Patrick C. Bridges, City Administrator Randy Thomas, City Attorney Cindy L. Stafford, City Secretary I. Call to Order. The meeting of the Stephenville City Council was called to order at 5:30 p.m. on Tuesday, May 5, 2015, by Mayor Weldon, who thanked city staff, first responders and those helping recover from the recent storm damage. He especially complimented city staff for allowing debris to be taken to the city park rather than the landfill. Mayor Weldon also announced National Day of Prayer activities on Thursday, May 7. He also expressed concern for those employees of FMC who were caught in the third round of layoffs this year. Forty-six employees were affected by the most recent layoff. II. Citizens' General Discussion. No one wished to address the council. III. Stephenville Downtown Historic Resources Survey --Dr. T. Lindsay Baker, W. K. Gordon Endowed Chair in History, Tarleton State University Dr. Baker reported that the collaborative effort between the city and university has resulted in an historic resource inventory of the 25 square blocks of the historic district of Stephenville as well as 24 outlying structures. The purpose of the project is to determine what historic resources a community has. Students have prepared written documentation and documentary photographs using historic sources such as a 1907 Sanburn Fire Insurance map of the City of Stephenville. Regular Business Meeting May 5, 2015 Stephenville City Council Sarah N. Brown, Roberta L. Minker, Lauren C. Russell, Michell T. Loyd, and Kali Daniel were students involved in the survey who commented on their experiences. Council member Boyd Waggoner audited the class and complimented Dr. Baker for making the course enjoyable as well as educational. Dr. Baker reported that the results of the survey will be submitted to the city administration by May 31. IV. Hearing under Section 112.10 "Appeal from Denial or Revocation of Permits" requested by Noah Kennedy Mayor Weldon opened a public hearing on this matter. Police Chief Jason King reported that since the recent storm damage, 71 businesses (150 individual solicitors) have made application and have been granted permits; 19 individuals from 13 businesses have been denied permits; and the permit for one business has been revoked. Noah Kennedy was denied a permit due to his failure to pass the required criminal background check. The ordinance provides for an appeal to the city council. Noah Kennedy with Kennedy Tree Experts stated that since 1957 and for three generations his family's business has offered the highest quality of tree service to this community. He asked that the council reverse the denial to him of a solicitors permit. Mayor Weldon closed the public hearing. During discussion by council with Noah Kennedy, it was determined that there were other family members and employees of the company who may be able to pass the background check and therefore be issued a permit. MOTION by Russ McDanel, second by Alan Nix, to uphold the Police Chiefs decision and deny issuance of a solicitor's permit to Noah Kennedy. MOTION CARRIED. V. PLANNING AND ZONING COMMISSION A. Consider approval of the final plat of Golf Country Estates II, being 14.551 acres, Jarrett Menefee Survey, Stephenville, Erath County, Texas MOTION by Alan Nix, second by Brady Pendleton, to approve the final plat of the Golf Country Estates II Subdivision. MOTION CARRIED. B. Consider approval of Ordinance No. 2015--04 Amending the following sections to the Zoning Ordinance: SAM (8)(b) 5.2.D.(8)(b) 5.3.D.(8)(b) 5.4.D.(7)(b) 5.5.D (A)(7)(b) 5.5.D (B)(7)(b) 5.6.1) (A)(7)(b) Regular Business Meeting May 5, 2015 Stephenville City Council Residential Estate District Single -Family Residential District R-HA Single -Family Residential District R-1 Single -Family Residential District R-1.5 One- and Two -Family Residential District R-2; Single-family One- and Two -Family Residential District R-2; Two-family Multiple Family Residential District R-3; Single-family 5.6.D (B)(7)(b) 5.6.D (C)(7)(b) 6.3.D (A)(8)(b) 6.3.11) (8)(7)(b) 6.3.11) (C)(7)(b) 6.7.D (A)(8)(b) 6.7.D (13)(8)(b) 6.7.D (C)(8)(b)&(c) Multiple Family Residential District; Two -to -four family Multiple Family Residential District; Townhouse/Condominium Central Business District B-3; Single-family dwelling Central Business District B-3; Two-four family dwelling Central Business District B-3; Townhouse/Condominium Downtown District DT; Single family dwelling Downtown District DT; Two -Four family dwelling Downtown District DT; Townhouse/Condominium MOTION by Brady Pendleton, second by Sherry Zachery, to remove from the table the motion to amend the zoning ordinance by removing the minimum building size from R-2 and R-3 zoning districts. MOTION CARRIED. MOTION on the floor is to amend the zoning ordinance by removing the minimum building size from R-2 and R-3 zoning districts. MOTION by Brady Pendleton, second by Boyd Waggoner, to amend the motion by striking Section (B) Two-family from Section 5.5 One -and Two -Family Residential District (R-2) and Section (B) Two -to -four family from Section 5.6 Multiple Family Residential District (R-3). MOTION CARRIED. Mayor Weldon restated the motion which is on the floor, to amend the Zoning Ordinance as follows: "Section 5.5 One- and Two -Family Residential District (R-2) of the Zoning Ordinance of the City of Stephenville is hereby amended as follows: "By removing the following requirement from Section 5.5.D Height, Area, Yard and Lot Coverage Requirements: (A) Single family. 7 (b) Minimum area of main building: 1,000 FT' "Section 5.6 Multiple Family Residential District (R-3) of the Zoning Ordinance of the City of Stephenville is hereby amended as follows: "By removing the following requirement from Section 5.6.1) Height, Area, Yard and Lot Coverage Requirements: (A) Single family dwelling. 7 (b) Single-family dwelling: 1,000 FTZ" Sheryl Beachamp said that she lives on West Long Street, Stephenville, Texas. She expressed concern over increased motor and foot traffic in her area. She is not in favor of rezoning to allow construction of more apartment complexes or townhouses. Regular Business Meeting May 5, 2015 Stephenville City Council Council member Nix said that after listening to comments at recent P&Z and council meetings, he believes there is confusion among citizens concerning this matter. Mayor Weldon said, "I think that our goal is to create an opportunity for these older homes to be developed and for new starter homes to be built. Our problem is that our zoning in this large area creates a friction so that nobody knows who's going first, so nobody's doing anything except for those who have rezoned to do multi -family. Outside of this area, we have very little to none of our areas that are zoned R-1.5. That's an issue because we don't have subdivisions that are providing affordable homes for people who are trying to start families in our community. Maybe what we need to do here is not change square footage but take a hard look at where in our community to provide R- 1.5." Following further discussion, Judy Miller stated that Planning and Zoning Commission will study this further with the focus being on areas in town where R.1-5 would be beneficial. VOTE on the amended motion FAILED. C. PUBLIC HEARING: Consider approval regarding the request of Austin and Brooke Harris, owners, to rezone from R-1 Single -Family Residential District to R-3 Multi - Family Residential District, 8.517 acres of land, Henry Pearson Survey, Stephenville, Erath County, Texas, Ordinance No. 2015-_ Mayor Weldon opened a public hearing. Judy Miller reported that the Planning and Zoning Commission recommends approval of this rezoning request. Property owners intend to construct apartments on this property. Speaking in Favor of Rezoning: Brooke Harris said that she and her husband purchased this property because of its close proximity to the Bosque River Apartments. She asked the council to approve this request. Speaking in Opposition of Rezoning: No one. Mayor Weldon closed the public hearing. MOTION by Russ McDanel, second by Doug Svien, to approve Ordinance No. 2015.04. MOTION CARRIED. Regular Business Meeting May 5, 2015 Stephenville City Council D. PUBLIC HEARING: Consider approval regarding the request of Dallas Sims, owner, to rezone from R-1 Single -Family Residential District to R-3 Multi -Family Residential District, Lot 3A, Block 2, Butler Addition, 995 McCart, City of Stephenville, Ordinance No. 2015- Mayor Weldon opened a public hearing. Judy Miller reported that the Planning and Zoning Commission recommends denying the request to rezone subject property. Speaking in Favor of Rezoning: Dallas Sims, CR 180, Stephenville, Texas, is the owner of the property. He said that he had hoped to refurbish the existing house on the property but that is not a financially viable solution, which is why he is seeking to rezone to build townhomes on the property. Speaking in Opposition of Rezoning: Priscilla Gaston 3117 Harvard Street North, Irving, Texas, grew up in Stephenville and owns property adjacent to subject property. She said that the lot currently has several large trees which would be cut down if an apartment were allowed to be built on the lot. Mayor Weldon closed the public hearing. MOTION by Russ McDanel, second by Alan Nix, to uphold the Planning and Zoning Commission's recommendation and deny the request to rezone. MOTION CARRIED. E. PUBLIC HEARING: Consider approval regarding the request of Trent Gay, owner, to replat Lots 3 and 4 and part of Lot 5, Block 2, Traweek Addition, Spring Meadow Court, R-1 Single -Family Residential District, City of Stephenville, Texas Mayor Weldon opened a public hearing. Speaking in Favor of the Replat: No one. Speaking in Opposition of the Replat: No one. Mayor Weldon closed the public hearing. MOTION by Russ McDanel, second by Casey Hogan, to approve the replat of Lots 3 and 4 and part of Lot 5, Block 2, Traweek Addition. MOTION CARRIED. VI. Consider Ordinance No. 2015-_ providing budget amendments for the remainder of the fiscal year beginning October 1, 2014 and ending September 30, 2015 MOTION by Doug Svien, second by Sherry Zachery, to approve Ordinance No. 2015-05. Jjl MOTION CARRIED. Regular Business Meeting May 5, 2015 Stephenville City Council VII. Consider Approval of Right -of -Way Services Agreement with Contract Land Staff, LLC in connection with the Stephenville Clark Regional Airport Project MOTION by Russ McDanel, second by Alan Nix, to approve the agreement with Contract Land Staff, LLC. MOTION CARRIED. Vill. Consider Memorandum of Understanding with Texas Department of Transportation for US377 Business MOTION by Casey Hogan, second by Boyd Waggoner, to approve the Memorandum of Understanding with Texas Department of Transportation. MOTION CARRIED. IX. CONSENT AGENDA MOTION by Doug Svien, second by Sherry Zachery, to approve the Consent Agenda. MOTION CARRIED. Mayor Weldon made special mention of the Multi -Purpose Facility Feasibility Study, which is part of the ongoing effort by Leadership Stephenville and the City of Stephenville to determine the specific uses for this facility. A. Approve Minutes of April 7, 2015 Regular Council Meeting B. Resolution No. 2015-08 Accepting the 2015 West Gate Sanitary Sewer Line Relocation Project C. Authorize the Sale of City Property 1.2008 Chevrolet % ton extended cab pickup 2.2008 Chevrolet Colorado pickup D. Bid Awards 1.Multi-Purpose Facility Feasibility Study 2.Downtown Plaza Pergola X. Comments by City Administrator • Thanks to all the city staff who responded to the specific needs and assistance following the recent storms. A special thanks goes to Erath County Commissioner Joe Brown for his cooperation and participation. • City General Election, Saturday, May 9, 7am to 7pm • Free mulch given away at City Park on Saturday. This is material that was shredded from the storm debris. • Splashville opens on Saturday, May 23. • City offices will be closed on Memorial Day. • Memorial Day services, May 25, 9am, West End Cemetery Field of Honor Regular Business Meeting May 5, 2015 Stephenville City Council Pat Bridges personally thanked Casey Hogan and Brady Pendleton for their service on the city council. Specifically, he thanked both of them for the support they have given to him during the last few months. XI. Comments by Council members Russ McDanel encouraged everyone to vote on Saturday in the city election. Mayor Weldon thanked Casey Hogan for being a team member and a leader; for being bold enough to step out and say what you felt was right and to stand by your statements; and for your professionalism. "We are a better council because of your service." Mayor Weldon made this final comment from Psalm 127:1—"Unless the Lord builds the house, they labor in vain who build it; unless the Lord guards the city, the watchman keeps awake in vain." XII. EXECUTIVE SESSION. At 7:44 p.m., Mayor Weldon recessed the open portion of the meeting, and council went into executive session In compliance with the provisions of the Texas Open Meetings Law, Subchapter D, Government Code, Vernon's Texas Codes, Annotated, in accordance with Sec. 551.074 Personnel Matters (a)(1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee A. Evaluation of City Attorney B. Evaluation of City Secretary Council reconvened in open session at 8:36 p.m. XIII. Action taken on matters discussed in executive session No action was taken by council. XIV. Adjourn MOTION by Russ McDanel, second by Doug Svien, to adjourn the meeting. MOTION CARRIED at 8:36 p.m. 6b.h,YL�.., - - Jer .Voldon 11, Mayor ATTEST: I 1 Cindy L. S ord, City Secwry Regular Business Meeting May 5, 2015 Stephenville City Council