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HomeMy WebLinkAbout1993-08-03 - Regular City CouncilMINUTES OF REGULAR MEETING - City of Stephenville - City Council TUESDAY, AUGUST 3, 1993 - 7:00 P.M. The City Council of the City of Stephenville, Texas, convened in regular session on August 3, 1993 at 7:00 p.m., in the Council Chambers at City Hall, 354 N. Belknap, 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 Article 6252 -17, Section 3A, V.T.C.S., with the following members present, to wit: Mayor: Lavinia Lohrmann Councilmembers: Alan Nix Donald L. Zelman Sam Taylor II John Wooley William F. (Bill) Johnson Bill Bailey Absent: Mayor Pro Tem Scott Evans Others Attending: Don Davis, City Administrator Joyce Pemberton, City Secretary Randy Thomas, City Attorney I. CALL TO ORDER: Mayor Lavinia Lohrmann called the meeting to order and declared a quorum present. II. APPROVAL OF MISSION STATEMENT. Councilman Zelman made the motion, seconded by Councilman Wooley, to adopt and approve the mission statement as follows: "THE MISSION OF THE CITY OF STEPHENVILLE IS TO PROGRESSIVELY PROVIDE COST EFFECTIVE PROGRAMS AND SERVICES THAT ENCOURAGE AND PROMOTE THE HIGHEST QUALITY OF LIFE TO ITS CITIZENS." The motion carried UNANIMOUSLY. III. CROSS TIMBERS FINE ARTS ANNUAL REPORT. Mrs. Connie Birdsong presented the Cross Timbers Fine Arts Council's annual report on the use of the hotel /motel tax monies for the fiscal year July 1, 1992 - June 30, 1993. Mrs. Birdsong reported a total income of $15,396.42 and expenditures of $14,310.81, leaving a balance of $1,085.61. Mrs. Birdsong expressed their appreciation to the Council for the support and help through the years. She also introduced the President of the Cross Timbers Fine Arts Council, Jeff Blackwell. Councilman Nix made the motion, seconded by Councilman Zelman, to accept and approve the report as presented. The motion carried UNANIMOUSLY. - 61 - IV. RESOLUTION TO RENEW THE LEASE WITH STEPHENVILLE BANK & TRUST CO. Don Davis, City Administrator, explained that due to the change in owner- ship of Stephenville Bank and Trust, they are requesting that the City execute a new agreement for the lease of the Municipal Annex. Councilman Nix made the motion, seconded by Councilman Johnson, to renew the lease agreement for the Municipal Annex and pass and approve Resolution No. 93.09. The motion carried UNANIMOUSLY. (Resolution attached). V. COMMITTEE REPORTS: A. Public Health & Safety - Don Zelman, Chairman 1. Ordinance Regulating Discharge of Firearms Within City Limits Councilman Zelman reported the Committee, after much discussion, was recommending passage of an ordinance regulating the discharge of firearms within the city limits. James J. Elliott addressed the Council opposing passage of this ordinance. It is his opinion that the ordinance is too vague in the area of the gun safety courses and will create legal problems. After discussion, Councilman Zelman made the motion, seconded by Councilman Nix, to pass and adopt ORDINANCE NO. 1993 -22, AN ORDINANCE PROHIBITING THE DISCHARGE OF FIREARMS, INCLUDING AIR GUNS, WITHIN THE CORPORATE LIMITS OF THE CITY OF STEPHENVILLE; AND PROVIDING A PENALTY CLAUSE. The motion carried by the following vote: AYES: Councilmen Alan Nix, Don Zelman, Bill Johnson, Bill Bailey and Mayor Lohrmann. NOES: Councilmen Sam Taylor and John Wooiey. 2. Fire Department Equipment Councilman Zelman reported the Committee had briefly discussed the status of the Fire Department equipment. One of the major steps the Council will need to take in order to start upgrading the quality of the equipment, is to make the public aware of the true status of the equipment. He said his committee would pursue further investi- gation of the status of the equipment and issue a report some time in the future so we can start making the public aware of exactly what is the status of the equipment, how serious is the state of the Fire Department, and what are some of the alternatives we will have to pursue. The key rate has already been affected. There are a lot of problems the public needs to be aware of before we can actually start taking steps to remedy the situation. B. Finance Committee - Alan Nix, Chairman Councilman Nix reported the Committee had reviewed the requests for Hotel /Motel Tax and Child Safety Funds. - 62 - 1. Hotel /Motel Tax After review of the applications, the Committee unanimously recom- mends the following funding: 1. Cross Timbers Classic Basketball Tournament $ 1,000. 2. Historical Museum (Chapel Renovation) 11.850. 3. Attend TAAS & TAAF Annual Conferences 3,000. 4. Fastpitch Softball Tournament 2,500. 5. TAAF State Tournaments 3,000. 6. July 4th Family Fun Fair 20,000. 7. TAAF Regional Track Meet 2,500. 8. Christmas in the Park 6,000. 9. Cowboy Appreciation Ball 2,000. TOTAL HOTEL /MOTEL TAX FUNDING $51,850. 2. Child Safety Funds After review of the applications, the Committee unanimously recom- mends the following funding from the Child Safety Funds: 1. S.T.A.R. Council 2. S.I.S.D. Crossing Guard 3. Bicycle Safety Program TOTAL CHILD SAFETY FUNDING $1,000. 900. 1,000. $2,900. Councilman Nix made the motion, seconded by Councilman Taylor, to approve the allocation of $51,850 out of the Hotel /Motel Tax Fund and $2,900 out of the Child Safety Funds, as recommended by the Finance Committee. The motion carried UNANIMOUSLY. C. Planning & Development - Bill Johnson, Chairman Don Davis, City Administrator, reporting for the Committee, advised the Council of the Committee's recommendations on the following items: 1. Closing Portions of Vanderbilt Street The Committee discussed with staff the proposal to close a portion of Vanderbilt Street between Cain and Lillian. After discussion, the Committee instructed the staff to ask Tarleton to submit a pro- posal showing: 1. How the property would be developed. 2. Provide the City with utility easements for water and sewer lines located in the right -of -way. 3. When and if the bricks in the street are removed they be given back to the City. 4. That the University pay appraised value for the right -of -way. No Action Required /Taken. 2. Downtown Handicap Ramps Mr. Davis reported that Fred Parker, the architect, met with the Committee and gave them a status report on the handicap ramps in the - 63 - downtown area. Mr. Parker stated that the project was about 80% complete. There are some problems with complying with the ADA taws —, and maintaining some access on the sidewalks; not run ramps and handrails in front of businesses front doors and other practical problems. The end result was that the completion of those ramps will require an extension into the right -of -way of no more than 3 feet on any of the incomplete ones. We have visited with Mark McEndree of the Highway Department on those ramps located on either Washington or Graham and he has given tentative approval to do that. As soon as that is finalized, we will go forward and complete that project and, hopefully, that will be done within the next two weeks. 3. Wal -Mart Tax Abatement Mr. Davis said the staff gave a status report to the Committee last Tuesday. Today (4:20 p.m.) we received a letter from Tom Galbreath, Wai- Mart's representative, stating they have contacted both Payless Shoes and Taco Bell concerning their participation in the extension of Wolfe Nursery Road. He further states that without their participation the extension will not occur. Basically, what that means is that the difference in what can be abated in their taxes and the estimated cost of the construction will not be borne by of those companies. Unless the City can find some way to finance it that they are not willing to go forward with that construction project. Councilman Taylor suggested sending a message back to Wal -mart that if Wal -Mart can't achieve additional financing we're not going to build the road. Mayor Lohrmann commented that we should remind Wal -Mart that construction on Highway 377 is coming. Councilman Nix commented that he felt that Wal -Mart stands to bene- fit much more than anyone else and he thinks they should be willing to bear the additional expense beyond what we have offered them. If they are not willing to do that, then they don't need the road badly enough. Councilman Wooley commented that the Council should stand their ground and let Wal -Mart decide what they want to do. Councilman Taylor made the motion, seconded by Councilman Johnson, that the Council direct staff to communicate to Wal -Mart that it is up to Wal-Mart to achieve financing for the extension of the street and if they are unable to do that on their own, we are not going to construct the street and give them 30 days to respond. The motion carried UNANIMOUSLY. D. Personnel - Sam Taylor, Chairman. Councilman Taylor said the Committee met and addressed some programs that will be proposed during the budget session and as part of the budget deliberations. None of the items will require Council action at this time. - 64 - 1. Salary Proposals Councilman Taylor said the Committee is recommending salary adjust- ments based on the Consumer Price Index of 3.1% in keeping with Council policy. 2. Reorganization The proposed reorganization, due to Joyce Pemberton's retirement in March, 1994, includes the employment of an additional secretary, who would handle most of Joyce Pemberton's present duties and pass the City Secretary title and duties attendant to that to Betty Chew. 3. Incentive Pay The Committee is recommending an Incentive Pay plan be offered to the fire fighters who complete the necessary requirements for special skills certification and /or paramedic certification. VI. CONSENT AGENDA: A. APPROVAL OF MINUTES: July 6 and July 13, 1993. B. BID CONSIDERATIONS: A. AWARD BIDS 1. To reject the one bid received for the construction of Clay Liner and backfill at the landfill; bids be solicited again in August. 2. To employ the firm of Schrickel, Rollins & Associates to assist with our Water /Sewer Line Replacement Projects. B. APPROVAL OF SPECIFICATIONS 1. To approve the bid specifications for Supervisory Control & Data Acquisition System. Councilman Taylor made the motion, seconded by Councilman Johnson, to approve the Consent Agenda as presented. The motion carried UNANIMOUSLY by a roll call vote. VII. PUBLIC HEARINGS: A. Mayor Lohrmann opened the floor for a public hearing to consider rezoning the land located on the northwest corner of West Washington and Barker Ave, from B -2 "Secondary & Highway Business District" to B -4 "Private Club District ". THOSE IN FAVOR OF REZONING: William Ferguson, 1917 W. Tarleton K. H. Conaster, 234 S. Baxter -65 - THOSE OPPOSED TO REZONING: Virginia Dorris, 1111 Lydia E. C. King, 873 Cain Rodger Weems, 103 Lee Trevino Jimmy Wilson, 974 W. Long Mrs. Frank Robinson, 860 Harbin Dr After a lengthy discussion, Mayor Lohrmann closed the public hearing. Councilman Nix made the motion, seconded by Councilman Taylor, to approve the Planning & Zoning Commission's recommendation to deny the request for a B -4 zoning change at the location of 2555 W. Washington. AYES: Councilmen Nix, Taylor, Wooley, Johnson, and Bailey. NOES: Councilman Zelman ABSTAIN: Mayor Lohrmann B. Mayor Lohrmann opened the floor for a public hearing to consider rezoning the parcel of land located on the southeast corner of East Road and East South Loop, from B -2 "Secondary & Highway Business District" to B -4 "Private Club District ". THOSE IN FAVOR OF REZONING: Bill Oxford, 159 N. Graham St. Virginia Dorris, 1111 Lydia Don Blackwell, 205 E. Ballow Susan Ables, Rt 2, Box 323 Ceburn Sutton (reported from phone conversation by City Secretary) THOSE OPPOSED TO REZONING: Teresa Guevara, 710 South Loop Milton J. Kohr, 303 Lennox Dwain Bruner (by letter reported by Councilman Nix) REBUTTAL TO OPPOSITION: Bill Oxford, representing Don Blackwell Don Blackwell REBUTTAL TO THOSE IN FAVOR: Teresa Guevara After comments from Councilmen Nix, Zelman and Taylor, Mayor Lohrmann closed the public hearing. Councilman Zelman made the motion, seconded by Councilman Taylor, to reject the Planning & Zoning Commission's recommendation and approve Don Blackwell's application. The motion did not carry by a roll call vote, as listed below. AYES: Councilmen Bill Johnson, Sam Taylor and Don Zelman NOES: Councilmen Bill Bailey, John Wooley and Alan Nix. ABSTAIN: Mayor Lohrmann C. Mayor Lohrmann opened the floor for a public hearing to consider rezoning that property located at 2012 West Washington, from B -1 "Neighborhood Business District" to B -2 "Secondary & Highway Business District ". THOSE IN FAVOR OF REZONING: Don Peacock, owner of property. THOSE OPPOSED TO REZONING: None After discussion, Mayor Lohrmann closed the public hearing. Councilman Bailey made the motion, seconded by Councilman Johnson, to follow the recommendation of the Planning & Zoning Commission to rezone the property located at 2012 West Washington from B -1 to B -2 and pass and adopt ORDINANCE NO. 1993 -25, AN ORDINANCE REZONING THE LAND DESCRIBED AS LOTS 8B AND 96; BLOCK 5, GREENVIEW ADDITION, FROM THE ZONING CLASSIFICATION OF B -1 "NEIGHBORHOOD BUSINESS DISTRICT" TO B -2 "SECONDARY AND HIGHWAY BUSINESS DISTRICT ". The motion carried UNANIMOUSLY. VIII. REQUEST FOR PROPERTY. Don Davis, City Administrator, explained that Hugh Wolfe is requesting that the City deed back to him the approximate eleven acres he donated to the City for the extension of Frey Street and Wolfe Nursery Road. The City does acknowledge that should that road not be built, the property would revert back to Mr. Wolfe. No Action taken. IX. CITY ADMINISTRATOR'S REPORT. Mr. Davis reminded the Council that budget sessions have been set for the week of August 9. Also, we need to have a special council meeting on Tuesday, August 17th at 5:30 p.m. There being no other business to come before the Council, Mayor Lohrmann adjourned the meeting at 10:00 p.m. ATT T. �r)xyce Pemberton, City Secretary - 67 - Lavinia L mann, Mayor RESOLUTION NO. 93 -09 RESOLUTION FOR EXECUTION OF LEASE BY CITY WITH VANCE TERRELL AND STEPHENVILLE BANK AND TRUST COMPANY, TRUSTEE BE IT RESOLVED that the Mayor, acting on behalf of the City, is hereby authorized to execute with Vance Terrell and Stephenville Bank and Trust Co., as Trustee of the Vance and Violet Terrell Trust "B" Created Under Instrument Dated June 26, 1980 as Amended, Lessors the following lease: " VANCE TERRELL and STEPHENVILLE BANK AND TRUST CO. as Trustee of the Vance and Violet Terrell Trust "B" Created Under Instrument Dated June 26, 1980 as Amended Lessors, and CITY OF STEPHENVILLE, a municipal corporation, Lessee, have this day entered into the following contract and agreement: 1. "Lessors are the owners of the following described property and the buildings situated thereon: Lots 5, 6, 7 and 8 of Block 19 in the City of Stephenville, Erath County, Texas, as shown by King's 1956 Map of Stephenville, Texas, on file in the office of the County Clerk of Erath County, Texas, and shown at page 810 of said map; and they hereby lease and demise said property to the City of Stephenville on the terms and conditions hereinafter stated. The term of this lease shall begin on the 1st day of June, 1993 and shall terminate of the 31st day of May, 1994. Lessee will pay to Lessor the sum of $450.00 per month with the first payment being due and payable on the 1st day of June, 1993 and the succeeding monthly payments on the same date of each month thereafter throughout the twelve -month period of this lease. Lessors do hereby give and grant to Lessee the right to renew this lease for an additional period of one year. Should this one -year renewal be exercised by the City of Stephenville, the city is hereby given another one -year renewal, said renewal to be on the same terms and conditions as set out herein. 2. "The leased premises shall be used by Lessee for office and storage pur- poses. 3. "The City of Stephenville is given the right to make improvements on the interior of the buildings which is the subject of this lease subject to the approval of Lessors. These improvements will remain a part of the buildings at the end of the lease term or will be removed from the buildings at the request of Lessors. - 1 - 4. "The City will be responsible for paying all utility charges on said pro- perty and will be responsible for routine maintenance of the building. Lessors will be responsible for repairing and remedying any defects in the roof or structure of said buildings, including plate glass and air and heating systems. Lessors will pay for insurance and taxes on the buildings. 5. "The Lessee shall, in the event of partial or complete destruction due to fire or other natural disaster, give immediate notice to the Lessor, who shall thereupon cause the damage to be repaired forthwith; but if the premises be by the Lessor deemed so damaged as to be unfit for occupancy, or if the Lessor shall decide to rebuild or remodel the buildings, the lease shall cease and the rent paid to the time of the fire or other natural disaster. 6. "The City shall comply with all rules, regulations and ordinances appli- cable to the use of the premises. 7. "Lessors shall not be liable to the Lessee or to the Lessee's employees, patrons or visitors for any damage to person or property while on the premises, or for damage to person or property due to the building being improperly constructed or coming out of repair and in this connection that the City would agree to hold the Lessors harmless from any and all claims and to indemnify Lessors against any and all such claims. Fll1 "Lessee will maintain public liability insurance covering any damage or injury to Lessee's employees, patrons or visitors or to person or property while on the premises due to the building being improperly constructed or becoming out of repair and in this connection the City agrees to hold the Lessors harmless from any such claims and to indemnify Lessors against any such claims. 9. "In case of default by Lessee of any of the covenants herein, this lease may be forfeited at Lessor's discretion if such default continues for a period of ten days after Lessor notifies Lessee of such default and their intention to declare the lease forfeited, such notice is to be sent by Lessor to Lessee by mail or otherwise and thereupon (unless the Lessee shall shall be completely removed or cured such default) this lease shall cease and come to an end and Lessors may resume possession of the leased premises. 10. "Execution of this lease has been authorized by resolution of the City Council of the City of Stephenville, copy of which is attached hereto as an exhibit. - 2 - CERTIFICATE I, JOYCE PEMBERTON, City Secretary of the City of Stephenville, do hereby certify that the above and foregoing is a true and correct copy of the resolu- tion shown passed by a majority vote of the City Council of the City of Stephenville at a meeting of such City Council held on the 3rd day of August, 1993, as same appears of record in the minutes of such meeting. WITNESS my hand and the seal of said City this 3rd day of August, 1993. i Ayce Mmberton, City Secretary LWIE ORDINANCE NO. 1993 -22 AN ORDINANCE PROHIBITING THE DISCHARGE OF FIREARMS, INCLUDING AIR GUNS, WITHIN THE CORPORATE LIMITS OF THE CITY OF STEPHENVILLE; AND PROVIDING A PENALTY CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: DEFINITIONS: Air Gun: An air rifle or air pistol of any description, by whatever name known, that, by means of compressed air, compressed gas, springs, or any other means is capable of discharging and propelling shots, pellets or any solid object for a distance of greater than fifty (50) feet. Firearm: Any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. DISCHARGE OF FIREARMS PROHIBITED: It shall be unlawful for any person to discharge firearms of any kind or description within the limits of the municipality. SHOOTING AIR GUN: It shall be unlawful for any person to shoot any air gun within the limits of the municipality. EXCEPTIONS: Any person discharging a firearm in defense of person. (As defined in the Texas Penal Code.) Police Officers or Animal Control Officers in the discharge of their duties. Persons shooting air guns on private property who have completed a gun safety course as approved by the Chief of Police. VIOLATIONS: Any person violating the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be fined any sum not less than $25.00, nor more than $200.00 for each and every offense. PASSED and APPROVED this the third day of August, 1993. Lavinia rmann, Mayor ATTEST: ,06yc'e emberton, City Secretary J" 9& Reviewed by onald B. Davis, City Administrator v Randy Thomas, City Attorney Approved as to form and legality ORDINANCE NO. 1993 -25 AN ORDINANCE REZONING THE LAND DESCRIBED FROM THE ZONING CLASSIFICATION OF B -1 "NEIGHBORHOOD BUSINESS DISTRICT" TO B -2 "SECONDARY 8 HIGHWAY BUSINESS DISTRICT ". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: That certain land in the City of Stephenville being Lot 8B and 9B; Block 5, Greenview Addition, Erath County, Texas, and it is hereby rezoned and the zoning classification changed from the classi- fication of B -1 "Neighborhood Business District" to B -2 "Secondary and Highway Business District ", in accordance with the Zoning Ordinance of the City of Stephenville. PASSED AND APPROVED this ;yceT*emberton, City Secretary the 3rd day of August, 1993. Lavinia rmann, Mayor