HomeMy WebLinkAbout2018-08-07 - Regular City Council4le"T*AS'
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City of Stephenville
Regular City Council Meeting
Tuesday, August 7, 2018 at 5:30 PM
The City Council of the City of Stephenville, Texas, convened on Tuesday, August 7, 2018, at 5:30 PM, 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:
COUNCIL PRESENT: Mayor Doug Svien
Council Member Mark McClinton
Mayor Pro Tem Brady Pendleton
Council Member Alan Nix
Council Member Sherry Zachery
Council Member Brandon Huckabee
COUNCIL ABSENT: Council Member Carla Trussell
Council Member Rhett Harrison
OTHERS ATTENDING: Allen L. Barnes, City Administrator
Staci L. King, City Secretary
Randy Thomas, City Attorney
I. Call to Order
II. Pledge of Allegiance
Council member Sherry Zachery led the Pledges of Allegiance to the United States and Texas flags.
III. Invocation by Curt Plaxco, Stephenville Church of the Nazarene
IV. Regular Agenda
1. Citizens' General Discussion
Belinda Starnes and Kaitlyn Ruderer, on behalf of P.A.W.S (Pets Are Worth Saving),
addressed the council regarding their special event, Woofstock, being held on November
3, 2018 in order to raise funds for the organization. P.A.W.S. is a non-profit that places
pets in foster and long-term placement homes.
Mayor Svien and Council member Pendleton agreed to share a $250 sponsorship for the
event and challenged the remainder of the council to do so as well.
2. Set the Time, Date, and Location of Public Hearing on the Proposed Tax Rate
MOTION by Alan Nix, second by Mark McClinton, to approve the following dates, times,
and locations for two public hearings on the proposed tax rate:
iii 1. Thursday, August 23, 2018 at 5:30 p.m. in the City Hall Council Chambers
2. Tuesday, August 28, 2018 at 5:30 p.m. in the City Hall Council Chambers
CARRIED by unanimous vote. by the fallowing votes:
Ayes: Mark McClinton, Brady Pendleton, Alan Nix, Sherry Zachery, and
Brandon Huckabee
3. Set the Maximum Tax Rate for 2018
Monica Harris, Director of Finance, explained to the council that this vote did not set the
tax rate for 2018, it only outlined the maximum that the council would consider for
adoption.
MOTION by Alan Nix, second by Brady Pendleton, to set the maximum 2018 tax rate to be
considered as $0.5091 per $100 valuation.
CARRIED. by the following votes:
Ayes: Mark McClinton, Brady Pendleton, Alan Nix, and Brandon Huckabee
Noes: Sherry Zachery
4. Consider Approval of Memorandum of Understanding with Stephenville Independent
School District for School Resource Officer and K-9 Officer
MOTION by Mark McClinton, second by Alan Nix, to approve the memorandum of
understanding with Stephenville ISO for two school resource officers and one K-9 officer.
CARRIED by unanimous vote. by the following votes:
Ayes: Mark McClinton, Brady Pendleton, Alan Nix, Sherry Zachery, and
Brandon Huckabee
5. Consider Approval of a Developer Agreement with Drini Real Estate for the Christy Plaza
Traffic Signal
MOTION by Mark McClinton, second by Sherry Zachery, to approve a developer
agreement with Drini Real Estate for the installation of a traffic signal to be located at the
intersection of West Washington and Christy Plaza.
CARRIED by unanimous vote. by the fallowing votes:
Ayes: Mark McClinton, Brady Pendleton, Alan Nix, Sherry Zachery, and
Brandon Huckabee
6. Consider Approval of an Advance Funding Agreement with TxDOT for the Christy Plaza
Traffic Signal
MOTION by Mark McClinton, second by Sherry Zachery, to approve an advance funding
agreement with TxDOT for the installation of a traffic signal to be located at the
intersection of West Washington and Christy Plaza.
CARRIED by unanimous vote. by the following votes:
Ayes: Mark McClinton, Brady Pendleton, Alan Nix, Sherry Zachery, and
Brandon Huckabee
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City Council - 07 Aug 2018
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V. Tourism and Visitors Bureau
1. Consider Approval of Hotel Occupancy Tax Fund Application for Lions Club Spooktacular
SK,10K, and Half Marathon
MOTION by Mark McClinton, second by Brandon Huckabee, to approve the HOT fund
application for the Lions Club Spooktacular in the amount of $500.
CARRIED by unanimous vote. by the following votes:
Ayes: Mark McClinton, Brady Pendleton, Alan Nix, Sherry Zachery, and
Brandon Huckabee
2. Consider Approval of Hotel Occupancy Tax Fund Application from Texas Association of
Nippon Kenpo
Robi Kunkel addressed the council regarding his event, the Cowboy Capital Karate
Championship. Staff reported that while Mr. Kunkel's event met the criteria of a sporting
event, he did not have any supporting documentation for his estimates of hotel stays or
expenses. Concern was expressed over the fact that the event was only four days after
the meeting and the Stephenville TVB branding would not be used in the advertising.
MOTION by Brady Pendleton, second by Mark McClinton, to approve the HOT fund
application from the Texas Association of Nippon Kenpo in the amount of $1500.
DENIED by the following votes:
Ayes: Mark McClinton and Brady Pendleton
Noes: Alan Nix, Sherry Zachery, and Brandon Huckabee
VI. Planning and Zoning Commission
Jeremy Allen, Planning and Building Services Director
1. Case No.: SV2018-005: Applicant Rhyne Galley is requesting a subdivision waiver from
Section 6.12 Utility Policy to be constructed at 2250 Tarleton, Stephenville, TX.
This item was removed from the agenda at the property owner's request.
2. Consider Approval of Waiver from Section 6.12 Utility Policy of the City of Stephenville
Subdivision Ordinance
This item was removed from the agenda at the property owner's request.
3. Case No. ZA2018-002: Consider a recommendation to the City Council to amend the
Zoning Ordinance by adding "Citizen Collection Station" as a Conditional Use (Special
Use Permit) in the Permitted Uses within the Industrial District (I).
This item was removed from the agenda to be heard at a later date.
4. Consider Approval of Ordinance No. 2018-0-_ Creating a Conditional Use for "Citizen
Collection Station" in the Industrial (I) District
This item was removed from the agenda to be heard at a later date.
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5. Case No.: SUP2018-001: — Applicant Nix Manufacturing, LLC, is requesting a Conditional
Use (Special Use Permit) for a "Citizen Collection Station" on a portion of 1.18 acre track
located on Lot 1 & 2, Block 12 of the Shapard and Collins addition located at 750
Paddock, Stephenville, TX. [Citizen Collection Station— Specific Use Permit]
This item was removed from the agenda to be heard at a later date.
6. Consider Approval of Ordinance No. 2018-0-_ Granting a Conditional Use Permit at
750 North Paddock
This item was removed from the agenda to be heard at a later date.
7. Public Hearing Case No. ZA2018-003: Amend the City of Stephenville Zoning Ordinance,
amending section 6.1, Zoning Districts at Section 6.1B permitted uses to allow
"Restaurant with alcoholic beverage service" in the (B-1) Neighborhood Business
District as a permitted use.
8. Public Hearing Case No. ZA2018-004:Amend the City of Stephenville Zoning Ordinance,
amending section 6.2, Zoning Districts at Section 6.213 permitted uses to allow
"Restaurant with alcoholic beverage service" in the (B-2) Retail and Commercial Zoning
District as a permitted use.
9. Public Hearing Case No. ZA2018-005:Amend the City of Stephenville Zoning Ordinance,
amending section 6.3, Zoning Districts at Section 6.38 permitted uses to allow
"Restaurant with alcoholic beverage service" in the (B-3) Central Business District as a
permitted use
10. Public Hearing Case No. ZA2018-006:Amend the City of Stephenville Zoning Ordinance,
amending section 6.6, Zoning Districts at Section 6.68 permitted uses to allow
"Restaurant with alcoholic beverage service" in the (1) Industrial District as a permitted
use.
11. Public Hearing Case No. ZA2018-007:Amend the City of Stephenville Zoning Ordinance,
amending section 6.7, Zoning Districts at Section 6.76 permitted uses to allow
"Restaurant with alcoholic beverage service" in the (DT) Downtown District as a
permitted use
12. Public Hearing Case No. ZA2018-008:Repeal section 6.7C (4) "Restaurant with alcoholic
beverage service" as a Conditional (Special Use Permit) in the Stephenville Zoning
Ordinance.
13. Public Hearing Case No. ZA2018-009: Repeal section 6.5 RESTAURANT -ALCOHOLIC
BEVERAGE SERVICE (B-5) in the Stephenville Zoning Ordinance.
Items 7-13 are all related to "Restaurant with Alcoholic Beverage" and therefore the
public hearings were combined.
Mayor Svien opened the public hearing at 6:12 p.m.
Jeremy Allen, Director of Planning and Building Services, explained to council that the
current zoning ordinance, which listed "Restaurant with Alcoholic Beverage" as a "special
use", was in conflict with state law. By removing "Restaurant with Alcoholic Beverage" as
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a special use, and repealing Restaurant - Alcoholic Beverage Service B-5 zoning, the city
would be in alignment with state statute.
Mayor Svien closed the public hearing at 6:14 p.m.
Council member Alan Nix expressed his concern with the state's overreach in this area.
He feels that just because a business can obtain a permit from the Texas Alcoholic
Beverage Commission, they shouldn't be allowed to operate wherever they choose - cities
should still be able to determine where restaurants with alcohol can or can't open.
Council member Mark McClinton stated that he had heard concerns from residents
regarding a restaurant with alcohol being allowed in areas backing up to residential areas.
He suggested that the Planning and Zoning Commission look at whether restaurants are a
good fit in any of the areas that border residential zoning.
Mr. Allen explained that when a business applies for a permit from TABC, there is a
waiting period in which protests can be made before a permit is issued.
14. Consider Approval of Ordinance No. 2018-0-_ Amending the Zoning Ordinance by
Allowing "Restaurant with Alcoholic Beverage Service" and Repealing Restaurant -
Alcoholic Beverage Service (8-5) District
MOTION by Brady Pendleton, second by Sherry Zachery, to approve Ordinance No. 2018-
0-25 amending the zoning ordinance by allowing "Restaurant with Alcoholic Beverage
Service" and repealing Restaurant - Alcoholic Beverage Service (B-5) District.
MOTION CARRIED. by the following votes:
Ayes: Brady Pendleton, Sherry Zachery, and Brandon Huckabee
Noes: Mark McClinton and Alan Nix
VII. Planning and Development Committee Report
Brandon Huckabee, Chair
1. Committee Report
Brandon Huckabee gave the committee report.
2. Consider Approval of Ordinance No. 2018-0-26 Amending the Section 156.12.37 of the
Sign Ordinance
MOTION by Mark McClinton, second by Brandon Huckabee, to approve Ordinance No.
2018-0-26 amending Section 154.12.37 of the sign ordinance.
CARRIED by unanimous vote. by the following votes:
Ayes: Mark McClinton, Brandon Huckabee, Brady Pendleton, Alan Nix, and
Sherry Zachery
3. Consider Approval of Ordinance No. 2018-0-27 Amending Section 154.74 of the
lR�t� Wireless Communication Facility Ordinance
CI MOTION by Brady Pendleton, second by Mark McClinton, to approve Ordinance No.
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City Council - 07 Aug 2018 Page 5 of 9
2018-0-27 amending section 154.74 of the wireless communication facility ordinance.
CARRIED by unanimous vote. by the following votes:
Ayes: Mark McClinton, Brady Pendleton, Alan Nix, Sherry Zachery, and
Brandon Huckabee
4. Consider Approval of Ordinance No. 2018-0-28 Amending the Zoning Ordinance by
Adding Section 154.20.3 Conditional Use Permits
MOTION by Brandon Huckabee, second by Sherry Zachery, to approve Ordinance No.
2018-0-28 amending the Zoning Ordinance by adding Section 154.20.3 Conditional Use
Permits.
CARRIED by unanimous vote. by the following votes:
Ayes: Sherry Zachery, Brandon Huckabee, Mark McClinton, Brady
Pendleton, and Alan Nix
5. Consider Approval of Ordinance No. 2018-0-29 Amending the Zoning Ordinance by
Adding Section 154.21.3 Variances
MOTION by Brandon Huckabee, second by Brady Pendleton, to approve Ordinance No.
2018-0-29 amending the Zoning Ordinance by adding Section 154.21.3 Variances.
CARRIED by unanimous vote. by the following votes:
Ayes: Mark McClinton, Brady Pendleton, Alan Nix, Sherry Zachery, and
Brandon Huckabee
Vill. Public Works Committee
Alan Nix, Chair
1. Committee Report
Alan Nix gave the committee report.
2. Consider Approval of Contact Amendment with CH2MHILL/OMI for Wastewater
Treatment Plant
MOTION by Alan Nix, second by Mark McClinton, to approve the contract amendment
with CH2MHILL/OMI for the Wastewater Treatment Plant.
CARRIED by unanimous vote. by the following votes:
Ayes: Mark McClinton, Brady Pendleton, Alan Nix, Sherry Zachery, and
Brandon Huckabee
3. Consider Approval of Contract with Public Management, Inc. for grant administration
services for the 2016 Community Development Block Grant GLO - Disaster Recovery
Program.
MOTION by Alan Nix, second by Mark McClinton, to approve the contract with Public
Management, Inc. for grant administration services for the 2016 Community
Development Block Grant GLO - Disaster Recovery Program.
CARRIED by unanimous vote. by the following votes:
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Ayes: Mark McClinton, Brady Pendleton, Alan Nix, Sherry Zachery, and
Brandon Huckabee
4. Consider Approval of Contract with KSA for engineering services for the 2016
Community Development Block Grant GLO - Disaster Recovery Program.
MOTION by Alan Nix, second by Mark McClinton, to approve the contract with KSA for
engineering services for the 2016 Community Development Block Grant GLO - Disaster
Recovery Program.
CARRIED by unanimous vote. by the following votes:
Ayes: Mark McClinton, Alan Nix, Brandon Huckabee, Brady Pendleton, and
Sherry Zachery
IX. Finance Committee
Mark McClinton, Chair
1. Committee Report
Mark McClinton gave the committee report.
2. Consider Approval of Ordinance No. 2018-0-30Approving the Fourth Quarter Budget
Adjustments
MOTION by Mark McClinton, second by Alan Nix, to approve Ordinance No. 2018-0-30
approving the fourth quarter budget adjustments for 2017-2018.
CARRIED by unanimous vote. by the following votes:
Ayes: Mark McClinton, Brady Pendleton, Alan Nix, Sherry Zachery, and
Brandon Huckabee
X. MONTHLY BUDGET REPORT
Monica Harris, Director of Finance
1. Budget Report for the Period Ending June 30, 2018
MOTION by Mark McClinton, second by Brandon Huckabee, to approve the financial
report as presented.
CARRIED by unanimous vote. by the following votes:
Ayes: Mark McClinton, Brady Pendleton, Alan Nix, Sherry Zachery, and
Brandon Huckabee
XI. Stephenville Type B Economic Development Authority Update
Jeff Sandford, Executive Director, began by stating that he and his family are in Stephenville and
are glad to finally be moved and settled in. So far, he has been going around and listening to what
different people and different industries are looking for. Mr. Sandford also explained that, at the
moment, SEDA was in discussion with various developers with projects totaling approximately
$100 million dollars in valuation. He added that these processes can take time, and not all will
come to fruition. SEDA has also been working with Tarleton State University to come up with
ways to help Tarleton students and graduates enter the Stephenville work force. Mr. Sandford
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was pleased to announce that Barefoot Market, a local business, was the first to sign a contract in
Phase I of the Tarleton Crossing Project.
XII. CONSENT
1. Consider Approval of Minutes
• 03 July 2018 - Regular City Council Meeting
2. Consider Approval of Ordinance 2018-0-31 Ordering a Special Election for the Purpose
of Amending the City of Stephenville Charter
3. Consider Approval of Resolution No. 2018-R-30 Approving the Chip Seal Project
MOTION by Mark McClinton, second by Brady Pendleton, to approve the consent agenda
as presented.
CARRIED by unanimous vote. by the following votes:
Ayes: Mark McClinton, Brady Pendleton, Alan Nix, Sherry Zachery, and
Brandon Huckabee
XIII. Comments by City Administrator
• Council/SEDA workshop - Thursday, August 9, 5:30 p.m. - City Hall Training Room
• Budget Work Session - Monday, August 13, 5:30 p.m. - City Hall Training Room - These
may continue through Thursday, August 16 as needed
• Texas Music City Work Session - Tuesday, August 21, 5:30 p.m. - Melody Mountain Ranch
• Public Hearing on the 2018 Tax Rate and FY18-19 Budget - Thursday, August 23, 5:30 p.m.
- City Hall Council Chambers
• Public Hearing on the Tax Rate - Tuesday, August 28, 5:30 p.m. - City Hall Council
Chambers
• Regular City Council Meeting - Tuesday, September 4, 5:30 p.m. - City Hall Council
Chambers
• Bosque River Trail Phase II Celebration - Thursday, September 6, 7:00 p.m.
Community Events
• Household Hazardous Waste - Saturday, August 18 - RESIDENTS ONLY - Voucher Required
• First Day of School - SISD - Wednesday, August 22
• Erath County United Way Fish Fry - Wednesday, August 22 - Newman Hall
• First Day of Classes - TSU - Monday, August 27
• Downtown Farmers Market - Saturday, September 1
XIV. Comments by Council members
Mark McClinton wanted to give thanks to everyone who contributed to the 4th of July celebration
and recognize the man hours that go into planning and executing an event of that size. He also
wanted to recognize Julie Smith for the celebration that she arranged in recognition of the
downtown historical district designation. Mr. McClinton also recognized the 12U Royals
baseball team; they were the underdogs at the state tournament and were able to rally
and come together as a team to be the second best team in the state. He said not only
did the young men play baseball well, but their sportsmanship was excellent as well.
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Brady Pendleton wanted to remind everyone that Handsome Hunks of Erath County would be
taking place on Friday, August 16, to benefit Meals On Wheels Erath County.
Brandon Huckabee stated that Tarleton Crossing, as well as other new developments, were a
victory for Stephenville and should be celebrated.
XV. Adjourn
The meeting was adjourned at 7:09 p.m.
ATTEST:
Staci L. Ing, City Secre ry
City Of Stephenville
City Council - 07 Aug 2018
Doug Svien, ayor
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