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HomeMy WebLinkAbout1998-01-06 - Regular City CouncilMINUTES OF GENERAL BUSINESS MEETING City of Stephenville - City Council TUESDAY, JANUARY 6, 1998 - 7:00 P.M. The City Council of the City of Stephenville, Texas, convened on January 6, 1998, at 7:00 p.m., in the Council Chambers at City Hall, 298 West Washington 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 Councilmembers Others Attending I. CALL TO ORDER. John Pollan Jerry B. Madkins Barbara Terrell K. H. Conatser Billy Bob Hodges Bea Marin Bill Corbin Marshall Shelton Joel Hillin Don Davis, City Administrator Cindy L. Stafford, City Secretary Randy Thomas, City Attorney Mayor Pollan called the meeting to order at 7:00 p.m. and declared a quorum present. H. CITIZENS' GENERAL DISCUSSION No one addressed the City Council. III. PLANNING AND ZONING COMMISSION Public Hearing on Rezoning Mayor Pollan opened a public hearing to consider rezoning 0.117 acre, J. B. Dupuy Survey, located at 1115 Alexander Road from R -1 "Single - Family Dwelling District" to B -1 "Neighborhood Business District". 0 General Business Meeting -- January 6, 1998 Sneaking in Favor of the Rezoning: No One Sneaking in Opposition of the Rezoning: No One Mayor Pollan closed the public hearing. City Administrator Don Davis noted for the record that the Planning and Zoning Commission is recommending that this request be denied. Davis gave some background information on this item, stating that the subject property is in the area annexed by the City in June, 1997. Prior to the annexation, the property had been used as a beauty shop. In February, 1997, the business was discontinued at the location and was vacant in June when the City annexed the property. Therefore, subject property did not have a "nonconforming" status as a business use when it was annexed. It was, therefore, zoned as R -1, which is the zoning status of all land when annexed. Davis pointed out concerns of the Planning and Zoning Commission -4. all the adjoining property, existing inside the city limits at the time of the annexation, was zoned R -1; 2. site visibility on the Alexander Highway; and 3. the size of the lot -- whether or not it could conform to parking requirements, etc. of the B -1 zoning classification. Upon question by Councilmember Conatser, Davis explained that had the business been in operation at the time of annexation, it would carry a "legal, nonconforming status" and would have been allowed to continue its operation in that location as a beauty shop. Since it was not in operation at the time of annexation, it had no status at all. Davis further reported that the owners of the property did not attend the Planning and Zoning Commission meeting when this matter was considered. Previous to the request for zone change, some interest was shown in purchasing the property until it was learned that it did not carry the property zoning classification. Conatser stated that he has looked at the property and thinks it would be difficult to do anything with the property under an R -1 classification. He expressed his concern over what the owners will do with the property. Upon Pollan asking if anyone had contacted the owners of this property, Betty Chew, Director of Community Development, informed the Council that she (Chew) spoke with Mrs. Lopez (owner) on the afternoon prior to the Planning and Zoning Commission meeting. Chew stated that through the Lopez' correspondent, it was clear that the owners wanted some form of commercial zoning status on the property. She stated further that the property was under contract to sell and was listed as commercial property. Chew said the prospective purchaser withdrew the offer when he found out that it was not zoned commercial. General Business Meeting -- January 6, 1998 Chew also reported that he department received a complaint that a business was in operation at the location. Representatives from Community Development visited with the operator, and they vacated the premises. Pollan asked Chew to explain why —" the operators were not in compliance at that time. Chew said that some wiring had to be corrected as well as adding more parking spaces to be it into compliance for commercial use. There were not enough existing spaces and it did not meeting Zoning Ordinance requirements, Chew said. Chew also reported that representatives from her department did not inspect the building, but was furnished this information from the prospective buyer. Thomas asked if the size of the property would even allow for there ever to be enough parking space. Chew said that would be difficult because of the location of the existing building on the property. Mayor Pollan made inquiry to Rusty Jergins, Chairman of the Planning and Zoning Commission, about this situation. Jergins stated that four owners of property near the subject property spoke at the Planning and Zoning Commission meeting in opposition of this matter. He confirmed for the Council the fact that the property owners did not attend said P &Z meeting. He stated that the Commission did take into consideration the property owners who spoke in opposition to the issue. Jergins named two of the property owners as being Norman Craig and Larry Herrington. Jergins reported that discussion was had concerning the operation and discontinuing of the business and the fact that utilities had been cut off. Jergins stated that one of the adjacent property owners claimed that situations at the subject property created a nuisance. Jergins said he understood there may have been some loud parties and activities after "normal" hair salon hours. Conatser's response to that remark was that zoning is not used to control a nuisance. Jergins clarified, however, that the Planning & Zoning Commission did not make a decision based on whether or not a nuisance was being created on the property. He said the Commission looked at what the best use of the property is. Jergins also informed the Council that the Planning & Zoning Commission has conducted at least five work sessions whereby newly annexed property owners could come and discuss the zoning situation of their property. He reported that as few as three people attended the work sessions, and no citizen addressed the Commission during these work sessions to discuss the zoning issue. In fact, Jergins told the Council that the Commissioners were disappointed by the lack of participation on the citizens' part. Councilmember Marin asked if this matter could be tabled in order to contact the property owners again. City Attorney Thomas advised that it could be tabled. Davis told the Council that because of the time notices required for public hearings that General Business Meeting -- January 6, 1998 must be met, the Council could not hold another public hearing at the February meeting, but could table the Council's consideration to the next meeting. Conatser said that he understands the task that P &Z had, but he is concerned about restricting a family to this small piece of property when there could be potential damage by the Council's action. Councilmember Madkins emphasized that the property owners had been given two opportunities to come forward and discuss this matter, but had not attended the P &Z Commission public hearing, and they were not present at this Council meeting. Mayor Pollan allowed Glen Moody, a P &Z Commissioner, to address the Council. Moody said that the building on subject property could easily be converted to a small one bedroom house. He said, however, that he could not say if a residence would be the highest and best use for this property. He said he, too, was concerned when the owners did not attend the P &Z public hearing. Pollan said that he would like for the owners to be present to discuss this matter. Pollan instructed staff to notify, by certified mail, the owners of the subject property and property owners within 200 feet of subject property and advise that they will be given an opportunity to address the Council concerning this matter at the Council meeting on February 3, 1998. Councilmember Marin moved to table this matter until the next Council Meeting. Councilmember Conatser seconded the motion, and it passed by the following vote: Ayes: Councilmembers Madkins, Hillin, Shelton, Corbin, Conatser, and Marin. Noes: Councilmembers Terrell and Hodges. Clarification was made that no additional public hearing would be had on this matter. Councilmember Corbin asked is the Council could be furnished with more information from a commission, board, or staff that would indicate what factors were considered when making a decision. Corbin said it would be beneficial to the Council, especially when recommending that the Council deny the requested action. IV. PRESENTATION OF TEXAS UTILITIES RATE REDUCTION (Danny Hodges) Danny Hodges, Manager of TU Electric, addressed the Council concerning a proposed reduction in rates for its customers. He said it was a pleasure for him to have the opportunity to talk about a reduction in rates rather than an increase. General Business Meeting -- January 6, 1998 Hodges gave some history about electric utility. He said that there is a growing momentum through the state to address electric utility deregulation. TU Electric has appeared before the Public Utility Commission (PUC) with several issues this year. Part of TU's rate structure includes the base rate that addresses the plant investment and also fuel costs. The PUC uses a figure that is projected in the future, called a "true up ". Over a period of time, costs are projected and, depending upon whether costs are actually greater or less than projections, then rates are adjusted accordingly. In cases involving TU Electric's fuel "true ups ", they were able to make refunds to the customers. Two dockets were addressed, which amounted to $147 million in refunds last August. Also involved is a consideration of the TU rate structure. Hodges reported cutbacks made in employees through consolidating jobs and functions and expanding territories. This has resulted in operation and maintenance costs over the last three years to remain basically the same without sacrificing service. He said the Stephenville operation has three less employees now than in 1992. With the level of growth that has taken place in Stephenville, their operation has maintained a high level of customer satisfaction. Hodges summed us by saying that this is a recommendation or stipulation agreement. It means that the actual rates that are on file with the City passed in 1993 and 1994 will remain the same. The stipulation being recommended will result in a four percent savings to residential customers. During a two -year window beginning January 1, 1998, a four percent reduction in residential rates is being recommended, followed in January 1, 1999 with an additional 1.4 percent reduction; for general service customers, a two percent reduction; and for all other retail customers, a one percent reduction in rates. Hodges stated that the Public Utility Commission has given an interim approval to the rate structure, by taking recommendations from their staff and the Office of Public Counsel. He closed by saying that no action was being requested at this meeting of the Council. Hodges has submitted a sample ordinance for the Council to consider and act on within 90 days from the date of submittal. Councilmember Shelton asked, in view of possible savings by TU, if it would be possible to have a customer service person in their office so that customers could pay their electric bills at the TU office. Hodges said that he doubted that would be possible. He explained that TU has been able to hold their costs down by eliminating cashiers in their offices. General Business Meeting -- January 6, 1998 V. PUBLIC HEALTH AND SAFETY COMMITTEE -- Citizen Police Academy Councilmember Hillin reported that this committee considered and is recommending the initiation of a Citizens Police Academy. Chief of Police, Jim L. Wade introduced Lt. Travis Calder to outline this program. Calder explained that the Citizens Police Academy was designed to encourage interaction between citizens and employees of law enforcement to form an alliance by understanding each other's views. Calder reported that this program began in Duncanville, Texas, and is designed to give the public a working knowledge of the Stephenville Police Department's personnel and policies. It consists of a series of ten classes, held once a week for three hours. The instruction is comprehensive, covering a different area of the police department each week. Officers, supervisors and personnel assigned to that particular division conduct each instructional block. The purpose is to provide enough information to the citizens that attend so that they may make informed judgments about the police department and police activity. It is hoped that the instruction will increase police awareness whereas to dispel suspicions and misconceptions and to increase police /community rapport through this educative process. Calder said that the cost would be minimal. — Councilmember Hillin moved to approve and implement the Citizens Police Academy. Councilmember Conatser seconded the motion which passed by unanimous decision. VI. CONSIDER A RESOLUTION CONCERNING THE EXEMPTION FROM INSCRIPTION REQUIREMENTS FOR THE CITY OF STEPHENVILLE OF OWNED VEHICLES City Administrator Davis explained that procedures and requirements have been changed by action of current legislation. This resolution would bring the City's procedure into compliance with current requirements. Councilmember Shelton moved to adopt Resolution No. 1998 -1 concerning the exemption from inscription requirements for the City of Stephenville of owned vehicles. Councilmember Hodges seconded the motion which passed by unanimous vote. VII. CONSENT AGENDA: Councilmember Corbin requested that Item C. l. "Bid Awards - -Re- roofing the Chapel on the Bosque at the Stephenville Historical House Museum" be removed General Business Meeting -- January 6, 1999 from the Consent Agenda. Councilmember Marin moved approval of the remainder of the Consent Agenda as set out below. Councilmember Hillin seconded the motion which passed by unanimous roll call vote. A. Approval of Minutes of Regular Business Meeting of December 2, 1997 B. Bid Specifications 1. Mow Tractor 2. Turf Vehicle 3. Chemical Contract 4. Fuel Contract 5. Street Sweeping C. Bid Awards 1. (removed from Consent Agenda) 2. Uniforms 3. Vehicles 4. Street Repair Materials 5. Wood Chipping Contract 6. Defibrillator/Monitor with Pacing 7. Scrap Metal Sales C.1. Re- roofing the Chapel on the Bosque at the Stephenville Historical House Museum City Administrator Davis explained that the nature of this job caused it to be relatively expensive. He said there would be no advantage in rebidding this project as twelve bid packages were sent out and only one bid was received. Although the expense is greater than what had first been thought, it is a project that needs to be done. The bid is for $19,815.00, plus any cost incurred in replacing any rotten wood. This project will be funding from money in the Hotel/Motel Tax fund. General Business Meeting -- January 6, 1998 Councilmember Corbin moved to approve the bid from Lydick -Hooks Roofing Co., Brownwood, Texas, in the amount of $19,815.00, and fund any additional cost for this job with monies from hotel/motel taxes. Councilmember Hodges seconded the motion which passed by unanimous vote. IX. CITY ADMINISTRATOR'S REPORT Davis reported to the Council about the Heart of Texas Strategic Water Alliance Partnership. He told them that since July, Davis and Pollan have been meeting with representatives from Bosque, Comanche, Hamilton, Johnson, and Somervell Counties to determine if would advantageous to the respective communities to form a coalition to better represent the rural areas of Central Texas in the implementation of Senate Bill 1. He reminded the Council that Senate Bill 1 is the Texas Water Plan, and it requires that the Texas Water Development Board (TWDB) divide the state into regional planning areas. The legislation also provides for the TWDB to appoint boards of directors to each district. The districts, then are to develop regional water plans which will then become part of the statewide water plan. Davis stated that it has been the feeling of those who have been meeting and working toward this effort that it could be to our advantage to have an alliance to make our voice heard. The initial purpose of the HOTSWAP would be to provide a vehicle and possibly some leverage to talk with the TWDB on, not only the formulation of the planning districts, but also as to the representatives that will serve as directors. Participation in the coalition will not cost the City anything, and HOTSWAP will not become an operating body. The region that Stephenville will be in runs from Grimes County on the south, up to Knox County on the north. HOTSWAP consists of eleven counties, which are Eastland, Erath, Hood, Somervell, Comanche, Hamilton, Bosque, Hill, McLennan, Johnson, and Coryell, and includes municipalities, small cities, counties, ag districts, river authorities, etc. Davis took, by consensus, the approval by the Council to participate with this coalition. X. EXECUTIVE SESSION At 8:30 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, Local Government Code, Vernon's Texas Codes, Annotated, in accordance with the authority contained in §551.071(1)(A) Consultation with Attorney; Closed Meeting, pending or contemplated litigation. A. Mitchell Williams vs. City of Stephenville, Cause No. 97 -09- 23698 -CV, Erath County District Court B. City of Stephenville v. Clovis Russell General Business Meeting -- January 6, 1998 XI. ACTION TAKEN ON MATTERS DISCUSSED IN EXECUTIVE SESSION (if necessary) At 8:58 p.m., Mayor Pollan Called the Council back into regular session. No action was taken by the Council. XII. ADJOURN There being no further business to come before the Council, the meeting was adjourned at 8:58 p.m. ATTEST: Umcly L( General Business Meeting -- January 6, 1998 Jo 7pollan, Mayor RESOLUTION NO. 1998-1 A RESOLUTION CONCERNING THE EXEMPTION FROM INSCRIPTION REQUIREMENTS FOR THE CITY OF STEPHENVILLE OF OWNED VEHICLES. BE IT RESOLVED by the City Council of the City of Stephenville as follows: Whereas, pursuant to Section 502.201 and 721.005(b) of the Texas Transportation Code, automobiles used to perform law enforcement duties by the following departments are exempt from the inscription requirements of Section 721.004 as the need of a city or county may dictate; and Whereas, the Stephenville Police Department is the eligible department; and Whereas, the Chief of Police, will be designated to sign all applications, registration forms, and/ or affidavits necessary to obtain undercover license plates for vehicles approved. APPROVED AND ADOPTED by the City Council of the City of Stephenville held on January 6, 1998. Q444 6� 41-1 Jo k Pollan, Mayor ATTEST: L. Reviewed by Donald B. Davis, City Administrator Approved as to form and legality Randy Thomas, City Attorney