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Home My WebLink About1983-01-04 - Regular City CouncilMINUTES OF THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS, HELD ON TUESDAY, JANUARY 4, 1983 - 7:00 P.M. The regular meeting of the City Council of the City of Stephenville was called to order by the Mayor Pro Tem with the following members present: Mayor Pro Tem G. A. Swindle Councilman John E. Pollan Councilman Charles Riggins Councilman William G. Brede Councilman Ray Reynolds and with the following members absent: Mayor Joe F. Cummings, E.W. Ferguson, and David Clayton. City Administrator Kurt J. Ackermann, Citv Secretary Joyce Pemberton, City Attorney Joseph Chandler, Director of Public Works R. Y. Gann, Chief of Police Doug Conner, Water Supt. J. D. Chapman, Officer Hershel David, and many others were also present. ITEM I: CONSIDER APPROVAL OF MINUTES. Councilman Brede moved that the minutes of the regular meeting of the City Council held on the 7th day of December, 1982, and the called meeting of the City Council held on the 21st day of December, 1982, be approved as written. Councilman Pollan seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM II: HEAR BANDSHELL PROGRESS REPORT FROM MRS. This item was postponed until February at Mrs. Birdsong's request ITEM III: PUBLIC HEARING TO CONSIDER RECOMMENDATIONS FROM THE PLANNING & ZONING COMMISSION. Mayor Pro Tem Swindle opened the floor for a Public Hearing to con- sider the following recommendations from the Planning & Zoning Commission: (1). To,deny the application from Mr. & Mrs. Ron D. Hilburn to rezone, from B -1 to B -4, a portion of Lot 5 and all of Lot 6, Block 140, City Addition, for the purpose of establishing a restaurant with a private club. (2). To approve the application from Sunbelt Savings Association of Texas to rezone, from R -1 to B -2, Lot 1, Block 23, Golf Country Estates, (being 2.25 acres on Prairie Wind Blvd.). Mrs. Helen Martin, Vice Chairperson of the Planning & Zoning Commission, addressed the Council explaining the Commission's position on the above recommendations as follows: (1). Mrs. Martin said the Commission and parking space involved with located at 2116 W. Washington. this would be "spot zoning" whi therefore, the Commission voted and Mrs. Ron D. Hilburn. discussed the traffic problems a restaurant and private club Also some members felt that 2h they felt would be illegal, to deny the request from Mr. Mr. Ron D. Hilburn addressed the Council stating that he did not believe traffic or parking would create as many problems as there was further back on Washington where the Southfork club is located. Among other things, Mr. Hilburn said that without the private club the restaurant would not be profitable because of the competition and that there will be a lot of "spot zoning" in the future. Councilman Pollan commented that, in his opinion, the Council 239 had appointed the Planning & Zoning Commission to study, review and consider this type thing and it would be unfair to override their recommendations. After more discussion, Councilman Pollan moved to deny the application from Mr. & Mrs. Ron D. Hilburn to rezone, from B -1 to B -4, a portion of Lot 5 and all of Lot 6, Block 140, City Addition, (2116 W. Washington St.) for the purpose of establishing a restaurant with a private club as recommended by the Planning & Zoning Commission. Councilman Reynolds seconded the motion. The motion carried by the following vote: AYES: Councilmen Pollan, Reynolds, and Brede. NOES: Councilman Riggins ABSTAINED: Mayor Pro Tem Swindle. (2). Mrs. Helen Martin advised the Council that some of the Commissioner; felt this would be "spot zoning" also. They discussed the fact that this would be going from R -1 to B -2 and the many things that could go in should the health club fail, but the Commission did vote to approve the application from Sunbelt Savings Associ- ation of Texas. After some discussion, Councilman Reynolds moved to approve the application from Sunbelt Savings Association of Texas to rezone, from R -1 to B -2, Lot 1, Block 23, Golf Country Estates, being 2.25 acres on Prairie Wind Blvd, for the purpose of constructing a health spa as recommended by the Planning & Zoning, Commission. Councilman Brede seconded the motion. The motion carried by the following vote: AYES: Councilmen Reynolds, Brede, and Pollan. NOES: None ABSTAINED: Councilman Riggins and Mayor Pro Tem Swindle. Mrs. Virginia Dorris, a member of the Planning & Zoning Commission, asked to address the Council. Mrs. Dorris asked the Council to reconsider the decision to approve the application from Sunbelt Savings because it is "spot zoning" and the fact that there is not a buffer zone for the residential district. Mrs. Barbara Coan addressed the Council in behalf of the rezoning and explained the operation of the health spa. There being no one else wishing to address the Council with regard to these recommendations from the Planning & Zoning Commission, Mayor Pro Tem Swindle closed the public hearing. ITEM IV: PUBLIC HEARING TO CONSIDER PROPOSED INCREASE OF 1982 CALCULATED EFFECTIVE TAX RATE. Mayor Pro Tem Swindle opened the floor for a public hearing to consider the proposed tax rate for 1982 tax roll. City Administrator Kurt Ackermann explained how the Council had arrived at the proposed tax rate of $0.2638/$100. Mr. Jack Heath, 878 Lydia St., advised the Council that the date for the public hearing published in the newspaper was in error by having the date as "January 4, 1982" instead of "January 4, 1983 ". Mayor Pro Tem Swindle closed the public hearing. It was the consensus of the Mayor Pro Tem and Council to call an emergency meeting for the next,day, January 5, 1983 at 2:00 p.m. to set another date for a public hearing to consider the proposed tax rate. ITEM V: CONSIDER PROPOSAL TO LEASE UPDATED TELETYPE EQUIPMENT. Lt. Hershel Davis of the City Police Department, addressed the Council with a proposal for the city to lease updated teletype equipment. (proposal attached). In the proposal, Lt. Davis said that each entity using the equipment would pay a percentage of the costs; to wit: Stephenville, 35 % -- Erath County, 35 % - - -- -City of Dublin, 20 % ---- Tarleton State Univerity, 10% k�A4�`.'Y`O with the City of Stephenville still paying for the operation of the teletype and the utilities involved. After discussion, Councilman Riggins moved to proceed with this proposal contract with the DPS as outlined by Lt. Davis. Councilman Pollan seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None Mayor Pro Tem Swindle, with the consent of the Council, appointed Councilman Pollan, City Administrator Kurt Ackermann, and Chief of Police Doug Conner as a committee to negotiate the percentages with the other entities. ITEM VI: AUTHORITY TO INVITE BIDS FOR NEW LIGHTING ON BABE RUTH FIELD After discussion, Councilman Reynolds moved that Director of Parks & Recreation Ronnie Isham be authorized to invite bids for new lighting facilities at the Babe Ruth Field. Councilman Pollan seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None It was the consensus of the City Council that a Resolution of Respect honoring deceased Councilman Raymond Anderson be prepared, signed by all members of the Council and presented to Councilman Anderson's widow, Mrs. Johnie Anderson. PEM VII: APP PLANNING & ZON Mayor Pro Tem Swindle, with the consent of the Council, appointed the follwing persons to the Planning & Zoning Commission: Place 1 - - -- -John Latham, reappointment to a 2 year term. Place 3 - - -- -Gene Daley, appointment to a 2 year term Place 4 - - -- -Neal Hatch, appointment to a 1 year unexpired term. Place 5 - - - -- Barbara Terrell, reappointment to a 2 year term Place 7---- -Arley Echols, appointment to a 2 year term. Place 9----- Charles "Buddy" Fornes, appointment to a 2 year term. Place 10--- -James Magill, appointment to a 1 year unexpired term. and the following persons were appointed to the Board of Adjustment: Robert C. Fain, reappointed to a 2 year term. Virginia Dorris, reappointed to a 2 year term. Perry Elliott, reappointed to a 2 year term. Bill Corbin, appointed to a 2 year term. Virgil Morgan, appointed to a 2 year term. Helen Martin and Bob Boone were appointed as alternate members to the Board of Adjustment. Mayor Pro Tem Swindle adjourned the open meeting and announced the Council would go into executive session for the purpose of discussing matters of personnel as provided in the Open Meetings Act, Vernon's Texas Civil Statutes, Article 6252 -17, Section 2(g). Mayor Pro Tem Swindle closed the executive session and called the Council to order in open meeting and announced that no action would be taken as a result of the discussion in the executive session. There being no other business, the meeting adjourned at 8:45 p.m. Mayor 'Pro Tem G. A. Swindi5b AT ST: Z, it-3VSecret4ry