HomeMy WebLinkAbout1984-01-03 - Regular City CouncilMINUTES OF THE CITY COUNCIL
OF THE
CITY OF STEPHENVILLE, TEXAS, HELD ON
TUESDAY, JANUARY 3, 1984 - 7:00 P.M.
The regular meeting of the City Council of the City of
Stephenville, Texas, was called to order by the Mayor with the
following members present:
Mayor Joe F. Cummings Councilmen: G. A. Swindle
Councilmen: Floyd Gordon James McSwain
John E. Pollan Ray Reynolds
William G. Brede David Clayton
Charles Riggins
and with the following members absent: None
City Administrator Kurt J. Ackermann, City Secretary Joyce
Pemberton, Director of Finance Charlene Young, Chief of Police Doug
Cgnnei', Acting Fire Chief Jimmy Mooney, Director of Parks 4 Recreation
Ronnie Isham, Director of Utilities Danny Johnson and many others were
present.
L15t;ZD f ZX LU, 19Uj
Councilman Clayton moved that the minutes of the council meetings
held on the 6th day of December, 1983 and the 20th day of December,
1983, be approved as written. Councilman Brede seconded the motion,
The motion carried by the following vote:
AYES: All members present voted aye.
NOES: None
ITEM II: PUBLIC HEARING FOR COMMENTS ON REQUESTS FOR FOLLOWING
ZONING CHANGE REEQUESTSs
A`. Tp rezone from R -1 to B -1, Lot la, Block 140 and part of Lot
a, Block 145, City Addition; being the vacant property
located between 2220 W. Washington on the north side and 2223
South Loop on the south side.
Mayor Cummings opened the floor for a public hearing to consider
the above zoning request.
There being no one present wishing to address the Council either
for or against the rezoning of the above listed property, Mayor
Cummings closed the public hearing.
Councilman Swindle moved that Lot la, Block 140 and Lot la, Block
145, City Addition; being the vacant property located between 2220 W.
Washington on the north side and 2223 South Loop on the south side, be
rezoned from R -1 (Single Family Dwelling) to B -1 (Neighborhood '
Business District) as requested by Mr. Harlan Huey. Councilman
Riggins seconded the motion.
The motion carried by the following vote:
AYES: All members present voted aye.
NOES: None
B.
the
To rezone from R -1 to B -1, Lots 11 and 12, Block 155, City
Additio; located on FM 988 approximately between Dale Ave.
and 2301 Northwest Loop.
Cummings opened the floor for a public hearing to consider
request.
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Councilman G. A. Swindle disqualified himself from discussion or
voting on this issue as his brother, G. L. Swindle, has property adja-
cent to the property in question.
Mr. Scott Allen, an attorney representing the persons wanting this
property rezoned, addressed the Council stating several reasons why
the property should be rezoned. Mr. Allen made a slide presentation
showing the surrounding area, including the businesses already in this
area. He listed the following as some of the reasons this should be
rezoned:
a. Mr. Cobb paid a premium price for commercial property (}n
cash).
b. The property deserves to rezoned for the best and highest use.
c. The property is located on a major thoroughfare.
d. There is no high residential use in the area.
e. Mr. Chumney's hog farm is a much higher use than the shopping
center Mr. Cobb is planning.
f. There is approximately 900 feet by 210 feet northeast from
.Brentwood St. along FM 988 that is presently zoned B -1. There
is not a natural barrier or a street or anything that would
make it logical to stop the B -1 zoning at this property line.
Mr. Elmo Cobb, purchaser of the property in question,
addressed the Council stating that he planned a small community
shopping center which would be well maintained. There would be no
lounges or video game rooms.
Mr. Richard Lampe, 1225 Mockingbird Lane, addressed the Council
opposing said rezoning. Mr. Lampe stated that his view is not
Swindle's Pharmacy (now convenience store) it is the vacant property
in question. He felt the P & Z Commission gave this issue fairly
careful consideration. He said he would rather have Mr. Chumney's hog
farm than the shopping center as he cannot see nor hear the hog farm.
He feels there would be a traffic problem. There is no guarantee that
Mr. Cobb will always be the person in charge of the shopping center
nor that the businesses he puts in there will stay as things do change
just as Swindle's Pharmacy was facing FM 988, but it has moved around
to the side and a convenience store is now on the front of the
building. He said he was in deed sorry for the series of mistakes
that have occurred during the sale of the property in question, but it
seems that the residents of the neighborhood are the only ones
directly involved with the confusion and the only ones who did not
make a mistake unless the Council's decision here) tonight makes'it a
mistake to buy a home next to undeveloped residential property. The
homeowners of the neighborhood are the ones who will pay in the loss
of a neighborhood with a residential atmosphere. If careless mistakes
are allowed to cause careless zoning, more people than I, more neigh -
borhoods than mine are going to be hurt and that is definitely a
citywide problem.
Ms. Kathleen Kidd, 1360 N. Dale Ave., addressed the Council
opposing said rezoning. Ms. Kidd stated that the increase in traffic
would create a real problem for all who lived in that area whether it
was within 200 feet of the property in question or not. She said she
had no complaints about the hog farm as it is.
Mrs. Virginia Dorris, a member of the Planning & Zoning
Commission, addressed the Council opposing said rezoning. Mrs. Dorris
said she would like to give the Council some background information.
She explained that when the Northwest Loop was developed for the city
the property on the north side was taken into the city limits for the
control of that property. Mr. Seth Moore, a developer in our city,
had been quite involved with Tanglewood I and Tanglewood II
developement and those were presented to the P & Z Commission as a
"planned development area• as was the area that is now B -1 on the
Northwest Loop. That was all taken in at one particular time. The P
& Z Commission had made a commitment, with the approval of the City
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Council, that it would be appropriate to have that small section of
B -1 zoning in that "planned developement area ". Mr. Carl Chumney came
before the P & Z Commission and opposed the B -1 zoning going x there.
He did not want his property to be any part of it. The P & Z
Commission gave him (Mr. Chumney) the opportunity to take in B -1
zoning up to the street. The night it was presented to the City
Council Mr. Chumney came before the City Council,and said he postively
did not want his property rezoned to B -1 and that is exactly why that
one piece of property was not zoned B -1 at that time. The P & Z
Commission took the package deal that Mr. Seth Moore presented in his
development for B -1, R -2, and R -1 zoning and felt that it was very
appropriate for that area. At the same time the City Planning &
Zoning took the position that due to the location of the Northwest
Loop and the fact that we already had the South Loop as a major
thoroughfare going through the city to carry traffic from one side to
the other and it was already developed as commercial property as was
W. Washington St. to keep the Northwest Loop from becoming just
another integrated curb -cut pieces of property being developed and
putting that high traffic on there and to keep it residential. in
closing her presentation, Mrs. Dorris said that Mr. Chumney knew that
the property was not zoned B -1 because he had declined the opportunity,
to have it rezoned at the time Mr. Seth Moore's subdivision was
accepted by the City Council and that, in her opinion, the property
should remain an R -1 district.
Mrs. Susan Lampe, 1225 Mockingbird Ln., addressed the Council
opposing said rezoning. Mrs. Lampe stated that the living area of
their home faces the property in question and they would very much
like to see it remain residential property. She said she,had signa-
tures of 34 or 35 persons opposing the zoning change who live in the
area.
Mr. Rusty McDanel, owner and broker of Western Hills Real Estate
and the selling realtor, addressed the Council stating that when the
property in question was sold and had reached the closing stage, Mr.
Chumney's attorney said his client was making no representation as to
the zoning of the property. He and Charlotte Alston decided they had
better make sure it was zoned B -1. This was before any papers were
signed or any money was exchanged. Charlotte Alston, at that time,
called City Hall and talked to Joyce (Pemberton) and told her that she
needed to know definitely what the zoning on the property was. They
accepted the information given as factual and sold the property as B -1
for commercial use for a 6 -digit figure which is reasonable fpr com-
mercial property. Mr. McDanel said there are several reasons why this
property is not desirable as residential property: (a) front yard
facing highway, (b) difficult to back out of driveway (c) no place
for children to ride bicyles. He presented an archetect's drawing of
the proposed shopping center. He said they were making the moral com-
mitment that the shopping center would be very similar to the drawing.
Mr. McDanel also stated that should this property not be rezoned to
B -1 that Mr. Cobb, in order to come out financially, would have to cut
the property into small lots and construct small frame homes, in the
$30,000 range, which would not be as attractive as the proposed
shopping center,
Mr. McDanel presented his rebuttal to the opposition to the
rezoning and, in summing up his presentation, asked the Council to
look at the facts presented and to rezone the property in question
from R -1 to B -1 at this meeting.
Mrs. Charlotte Alston addressed the Council in favor of the
rezoning. Mrs. Alston stated that in January, 1983 the Council
rezoned a lot in the Golf Country Estates subdivision, a "planned
development ", from R -1 to B -2, therefore, she does not see a reason
not to rezone this property.
Mayor Cummings said that City Attorney Joseph Chandler has advised
that in a contested issue of this type where the recommendation of the
Planning & Zoning Commission is to:be overturned it is necessary to
have a. three - fourth (3/6) vote of the Council which means it would
take the "approval" of seven (7) members of the Council tonight.
Councilman Reynolds moved that the City Council uphold the recom-
mendation of the Planning & Zoning Commission and that Lots 11 & 12r
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Block 155, City Addition, remain as R -1 (Single - Family Dwelling)
District. Councilman McSwain seconded the motion. The Mayor called
for the vote by a show of hands. Mayor Cummings declared the motion
defeated by 3 for and 4 against.
Councilman Riggins moved that Lots 11 & 12, Block 155, City
Addition, be rezoned from R -1 to B -1. The motion died for lack of a
second.
Mayor Cummings stated that no action being taken was the same as
support of the Planning & Zoning Commission recommendation which means
this property will remain R -1 (Single - Family Dwelling), then both
motions failing, the property will remain Residence 1.
PRESENTATI
WITH
Barbara Wainger addressed the Council with a proposal for the City
to participate in a housing assistance program for the low- income
(elderly, disabled, handicapped) persons in the city.
Ms. Wainger asked for the passage and adoption of a resolution
giving the city's intent to participate in said program. ,
After considerable discussion,'Councilman Pollan moved passage of
a resolution endorsing participation in the statewide housing
assistance payments program and authorizing execution of contract with
the Texas Department of Community Affairs. Councilman Clayton
seconded the motion. The motion carried by the following vote:
AYES: All members present voted aye.
NOES: None
Entire, Resolution included in minutes.
Mayor Cummings opened the floor for a public hearing to hear com-
ments regarding grant appropriation of $145,000 from Texas Aeronautics
Commission for.airport-improvements to Clark Field.
There being no one present wishing to comment on this issue, Mayor
Cummings closed the public hearing.
There was no further discussion or action taken.
ITEM V: CONSIDER APPOINTMENTS TO THE FOLLOWING BOARDS:
Electrical Board
Building Board
Planning & zoning Commission
Mayor Cummings asked the Council to refer to their copy of nomina-
tions to the respective boards in the agenda packets.
There being no other nominations, Councilman Riggins moved that
the persons listed for the respective boards be appointed. Councilman
Swindle seconded the motion. The motion carried by the following
vote:
AYES: All members present voted aye.
NOES: None
4
Jim Bostic
David Bragg
D. A. Bills`
Richard Alderfer
Ken Harris
R. C. Bills
Vernon Gunn
David Jaquess
James Young
Fred Parker
ELECTRICAL BOARD
One Year Term
x:
BUILDING BOARD
One Year Term
Jag
Master Electrician
Master Electrician
Building Contractor
Bonded Hear & Air Cond.
Rep. T P & L Co.
Building Contractor
Building Contractor
Building Contractor
Registered Engineer
Licensed Architect
PLANNING & ZONING COMMISSION
Two Year Term
Virginia Dorris Place 2
John Burleson Place 4
Charles Castleberry Place 6
Helen Martin Place 8 ,
James Magill Place 10
ITEM VI: CONSIDER ORDINANCE DESIGNATING NO PARKING ZONES
A.uumu rnr z ow. raum nAKDlm un wu 1JALG AY11.
After some discussion, Councilman McSwain moved passage of
AN ORDINANCE PROHIBITING AND MAKING IT UNLAWFUL TO STOP,
STAND OR PARK A VEHICLE ON ANY PART OF THE NORTH SIDE OF
PREY ST. FROM THE INTERSECTION OF SAID STREET WITH HARBIN
DRIVE ON THE EAST AND RUNNING WESTERLY ALONG THE NORTH
LINE OF SAID STREET A DISTANCE OF 1,975 FEET TO ITS INTER-
SECTION WITH DALE AVE AND F ROM THE INTERSECTION SA ID
STREET
WITH HARBIN DRIVE ON THE EAST AND RUNNING WESTERLY ALONG
THE SOUTH LINE OF SAID STREET FOR A DISTANCE OF 1,200 FEET
AND PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE AND
WHICH ORDINANCE SHALL BE SECTION 13 - OF THE CODE OF
ORDINANCES OF THE CITY OF STEPHENVILLE.
Councilman Riggins seconded the motion. The motion carried by the
following vote:
AYES: Councilmen McSwain, Riggins, Gordon, Pollan, Swindle,
Reynolds, Clayton
NOES: None
ABSTAINED: Councilman Brede.
VII: CONSIDER GRANTING
Director of Parks & Recreation Ronnie Isham addressed the Council
regarding construction of a building 50' x 18' to be used as a tractor
shed at the city park. Mr. Isham advised the Council this is a
budgeted item ($2,000) and he was requesting authority to invite bids
or to construct the shed themselves. He said he would be the general
contractor and "sub" some of the things out. He said he felt the
best thing to do would be to build it themselves.
After some discussion, it was the consensus of the Council to
direct Mr. Isham to construct the shed as quickly and cheaply as
possible.
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ITEM VIII: EXECUTIVE SESSION.
Mayor Cummings adjourned the public meeting and called the Council
into executive session for the discussion of personnel as provided in
the Open Meetings Law, Article 6252 -17, Section 2(g), V.T.C.S.
Mayor Cummings adjourned executive session and called the Council
back into open meeting.
Councilman Swindle moved that the resignation of Fire Chief Larry
May be accepted; that Jimmy Mooney be appointed as Acting Fire Chief
for a period of six (6) months; that Danny Johnson be appointed as
interim Director of Public Works for a period of thirty (30) days.
Councilman Gordon seconded the motion. The motion carried by the
following vote:
AYES: All members present voted aye.
NOES: None
There being no other business to come before the Council, Mayor
Cummings adjourned the meeting at 10:50 p.m.
Cummin , Mayor ,
ATTEST:
Ci Secretary
0
R
RESOLUTION
ENDORSING PARTICIPATION IN THE
STATEWIDE HOUSING ASSISTANCE PAYMENTS PROGRAM
AND AUTHORIZING EXECUTION OF CONTRACT
WITH THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS
STATE OF TEXAS
COUNTY OF ERATH
On the 3rd day of January, 1984, at a duly called meeting of
the City Council of the City of Stephenville, Texas with a quorum
for transaction of business in attendance, and upon motion made,
seconded and duly passed the following Resolution was adotped:
WHEREAS, Section 8 of Title II of the Housing and Community
Development Act of 1974 provides for housing assistance payments
funded by the U. S. Department of Housing and Urban Development
(HUD) to be paid to owners leasing rental units to eligible
lower- income families to the end that such families are able to
live in privately owned, existing, decent, safe, and sanitary
rental housing of modest nature;
WHEREAS, the proposed program offered by the Texas
Department of Community Affairs for our jurisdictional area is
responsive to the condition of the housing assistance needs of
lower- income persons and families residing in or expected to
reside in the community, including the elderly, handicapped,
disabled, large families and those displaced or to be displaced;
WHEREAS, the City of Stephenville, Texas supports the Texas
Department of Community Affairs to apply for, implement and
jointly administer with our city the Housing Assistance Payments
Program in our jurisdictional area;
WHEREAS, the City Council of the City of Stephenville, Texas
contemplates the execution of and /or amendment to a contract with
the Texas Department of Community Affairs that provides for local
administration of contract responsibilities associated with the
Statewide Housing Assistance Payments Program during the period
stated in the contract that does not exceed the HUD -TDCA approved
Annual Contributions Contract term and for a maximum amount of
TDCA liability not to exceed $7,500 per year for the period
stated in the contract; and
WHEREAS, it has been duly determined that the City of
Stephenville has the legal authority to render the afore -
described contractual performance;
NOW THEREFORE, BE IT RESOLVED BY THE City Council of the
City of Stephenville, Texas, that our jurisdictional area hereby
requests and authorizes the Texas Department of Community Affairs
to act on behalf of our jurisdictional area as the applicant and
joint- administrator of the Section 8 Housing Assistance Payments
Program for existing Housing; and
FURTHER BE IT RESOLVED: THAT THE City Council of the City of
Stephenville does hereby approve and authorize the jurisdictional
body's execution of the afore - described contract, any subsequent
contractual amendments to the afore - described contract, and does
hereby authorize Joe F. Cummings, Mayor, to sign and execute the
afore - described contract on behalf of the City of Stepheville so
as to legally obligate and bind the City of Stephenville to all
the performances, obligations, terms, and provisions set forth
therein.
Jq� — Cuinmi&gs,- N7apor
STATE OF TEXAS
COUNTY OF ERATH
I, Joyce Pemberton, City Secretary of the City of
Stephenville, Texas, hereby certify that the above and foregoing
is a true and correct copy -of `a resolution duly passed by the
City Council of the City of Stephenville, Texas, as reflected in
the minutes of said governing body.
WITNESS MY HAND AND SEAL OF OFFICE this 3rd day 'o'f January,
1984.
2L J
oyc Pemberton
City Secretary
i
CITY OF STEPHENVILLE, TEXAS.
t
I
i
330e,
AN ORDINANCE
AN ORDINANCE PROHIBITING AND MAKING IT UNLAWFUL TO
STOP, STAND OR PARK A VEHICLE ON ANY PART OF THE NORTH
SIDE OF FREY STREET FROM THE INTERSECTION OF SAID
STREET WITH HARBIN DRIVE ON THE EAST AND RUNNING
WESTERLY ALONG THE NORTH LINE OF SAID STREET A DISTANCE
OF 1,975 FEET TO ITS INTERSECTION WITH DALE AVENUE AND
FROM THE INTERSECTION OF SAID STREET WITH HARBIN DRIVE
ON THE EAST AND RUNNING WESTERLY ALONG THE SOUTH LINE OF
SAID STREET FOR A DISTANCE OF 1,200 FEET AND PROVIDING
A PENALTY FOR VIOLATION OF THIS ORDINANCE AND WHICH
ORDINANCE SHALL BE SECTION 13 - OF THE CODE OF
ORDINANCES OF THE CITY OF STEPHENVILLE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
STEPHENVILLE:
SECTION ONE
The stopping, standing or parking of a vehicle by any
person on any part of the north and part of the south side
of Frey Street from the intersection of said street with
Harbin Drive on the east and running westerly along the
north line of said street a distance of 1,975 feet to its
intersection with Dale Avenue and from the intersection of
said street with Harbin Drive on the east and running
westerly along the south line of said street for a distance
of 1,200 feet is hereby prohibited and declared to be
unlawful.
SECTION TWO
This ordinance shall be incorporated into the Code of
Ordinances of the City of Stephenville as Section 13 -
thereof.
SECTION THREE
Any person convicted of violating this ordinance shall
be guilty of a misdemeanor and shall be subject to a fine
of not to exceed $200.00.
SECTION FOUR
This ordinance shall go into effect immediately from
and after its passage and publication as provided by law.
PASSED AND APPROVED this 3rd day of January, 1984.
Jo F. Cummings, May
ATTEST:
it Secretary
- A true and correct copy of the above and foregoing
ordinance was published in the Stephenville Empire Tribune,
a newspaper of general circulation on the day of
January, 1984.
WITNESS my hand this day of January, 1984.