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HomeMy WebLinkAbout1980-06-30 - Regular City CouncilREGULAR SESSION - TUESDAY JUNE 3, 1980 - 7:00 P.M. CHAMBER OF THE CITY COUNCIL CITY HALL, STEPHENVILLE, TEXAS 3 `7 The City Council of the City of Stephenville, Texas, met in Regular Session, Tuesday, June 3, 1980 at 7 o'clock p.m. with Mayor Joe F. Cummings present and presiding. COUNCILMEMBERS PRESENT: Mike Leese Raymond Anderson W. M. Irwin E. W. Ferguson William G. Brede Larry Hammett Charles Riggins David Clayton COUNCILMEMBERS ABSENT: NONE OTHERS ATTENDING: City Administrator Marshall Shelton Administrative Assistant Kurt Ackermann Director of Public Works R. Y. Gann Chief of Police Mike Watkins Director of Parks & Recreation Ronnie Isham City Attorneys Joseph & Randy Chandler Building Inspector Hardy Lockhart City Secretary Joyce Pemberton Mr. Joe B. Walker Members of the press Mayor Cummings called the meeting to order. ITEM I: APPROVAL OF THE MINUTES Councilman Leese moved, seconded by Councilman Ferguson, that the minutes of the meetings of April 2nd, May 6th, and May 15th, 1980, be approved as written. Motion carried unanimously. ITEM II: CONSIDER T FOR LOT 10 BLOCK F, T+IEST GATE Mr. Tom Pugh, Project Developer for Ford Real Estate, came before the Council with a proposal for a building permit for Lot 10, Block F, West Gate Addition. Said permit had been denied in the past because•at the time T.dest Gate Addition was developed there was a high line across Lots 10 and 11 and it was assumed these lots would never be developed, therefore the street was not paved in front of these two lots. Now the high line has been removed and a building permit has been denied because the street is not paved as is required by the Subdivision Ordinance. Also must have curb and gutter on both sides of the street. Mr. Pugh advised the Council.that Lot 10 is a buildable lot and can be built to meet all the city's requirements, standards and regulations, however, he did understand the city's concern. Mr. Pugh proposed thatil if he were granted a building permit for Lot •10 he would (1) pave, curb and gutter Cheyenne Drive in front of Lot 10 on both sides of the street, (2) not request nor seek a building permit for Lot 11, and (3) include a deed restriction on Lot 11 stating that in the event Lot 11 is ever developed that owner will pave, curb and gutter both sides of the street for the entire frontage of Lot 11. Mr. Pugh pointed out that this will prevent the city from ever having to pave this portion of Cheyenne Drive. It will get the street paved in front of the lot for which there will be a building permit. There will not be a building on Lot 11 as it is intended to combine Lot 11 as a vacant area. Mr. Pugh did present Mayor Cummings with a letter outlining the above stipulations. In closing, Mr. Pugh asked that the Council consider the above stipulations and authorize the issuance of a building permit for Lot 10, Block F, West Gate Addition. Councilman Irwin read to the Council from the Planning Commission Minutes of October, 1977 and December 1977, in which these lots had been NOMM discussed. Councilman Irwin commented that it seemed Mr. Pugh had taken care of the problems outlined in those minutes and suggested this matter go back to the Planning Commission. City Attorney Joseph Chandler stated that his legal opinion was that originally this was a subdivision accepted and approved. The Planning Commission had no further jurisdiction over it, unless there was some exception, by virtue of council action, which permitted them to come in and look the matter, over. The Planning Commission passes on subdivisions and the admission of-subdivisions into the city. The granting or withholding of a building permit in this -case was an ad- ministrative function of the city, first, starting at the top with Mr. Shelton and going on down to the Building Inspector. When a subdivision has been brought into the city, you cannot have the matter of building permits going back to the Planning Commission as the plan is already there. Mr. Chandler, in answer to the Mayor's question, said it was the perogative of the Council to grant issuance of this building permit if they so desired. The Council is the overall authority. Mr. Chandler also stated that he had advised Mr. Shelton that unless there was some provision intervening or that was contemporary with this subdivision being approved by the City Council, then, Mr. Pugh can perform under the original requirements of the Subdivision Ordinance which existed at the time it came into the city. Mr. Shelton said that the statements in the letter Mr. Pugh had pre- sented to the Council had alleviated any concerns he had pertaining to Lot 11 and that he had no further objections to the issuance of a building permit as requested. Mr. Gann advised that he had no further objections other than it was his understanding that the paving, curb and gutter should be done before the issuance of the building permit. Councilman Anderson moved,-seconded by Councilman Hammett, that a building permit be issued on Lot 10, Block F, West Gate Addition, with the stipulation that it would be curbed, guttered and paved the full width of Cheyenne Drive all the way down to Lot 11, and the other pro- visions as stated in the letter submitted to the Council by Mr. Tom Pugh. Motion carried unanimously. ITEM III: CONSIDER GOLF COUNTRY ESTATES ANNEXATION ORDINANCE - #265 Mayor Cummings explained that due to a change in the original plat of the Golf Country Estates Addition pertaining to the widening of Prairie Wind Blvd. that 1.03 acres of the Jarrett Menefee Survey needs to be annexed into the corporate limits of the City of Stephenville. Mayor Cummings read the annexation ordinance and asked for discussion. There being no discussion, Councilman Irwin moved, seconded by Councilman Brede, that the City Council pass and approve the ordinance annexing 1.03 acres of the Golf Country Estates into the corporate limits of the City of Stephenville as read. Motion carried unanimously. ITEM IV: COMMITTEE REPORT ON PRAIRIE WIND BLVD. MEDIAN STRIP - #286 Councilman Leese advised that in the committee meeting there were two different opinions, (1) that since Prairie Wind Blvd. had been accepted as a city street the city could do whatever they wanted with it; (2) that however it had been accepted was the way it had to remain. He said the committee needed a legal opinion on these two questions before making a recommendation. City Attorney Joseph Chandler advised that it was his legal opinion that the median is part of a city street and it can be removed by Council action, if there is some purpose to be served, such as safety either to the city or to the public. The Council would not have the authority to permit some action there by an individual that is simply a convenience to said individual. That in the city's control over the streets, it must have the interest of the public in mind and that must be the objective of any action the city takes. AN ORDINANCE MAKING A PART OF THE CITY OF STEPHENVILLE LAND ADJACENT THERETO AND BEING 1.03 ACRES OF THE JARRETT MENEFEE SURVEY WHICH IS DESCRIBED BELOW AND WHICH JOINS THE PRESENT CITY LIMITS OF THE CITY OF STEPHENVILLE AND WHICH ORDINANCE FULLY DESCRIBED SAID LAND: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: That certain land adjacent to the City of Stephenville and adjoining same and specifically described as follows: All that certain 1.03 acre tract of land out of the Jarrett Menefee Survey, Abstract No. 520 in Erath County, Texas and described as follows: BEGINNING at a point in the present city limits of the City of Stephenville, from which the NEC of Lot 37 of Block 7 of River North, Phase II, an addition to the City of Stephenville, Erath County, Texas, as shown by a plat thereof recorded in Volume 1, Page 88 of the Plat Records of Erath County, Texas, bears S 431 27' E, 409.42 feet, N 46° 33' E, 150 feet and S 431 27' E, 300 feet to the NEC of said Lot 37, from the NEC of said lot, the NWC of the John Blair Survey, Abstract No. 32 bears S 46° 33' W, 140.0 feet; N 43° 27' W, 115.86 feet; S 461 33' W, 60 feet; S 43° 54' 35" W, 141.09 feet; N 431 27' W, 240 feet; S 46° 33' W, 135 feet; N 43° 27' W, 66.52 feet; S 460 33' W, 135.92 feet; S 12° 17' W, 62.83 feet; N 77° 43' W, 33.61 feet; S 50° 10' W, 119 feet; S 33° 22' W, 130.5 feet; S 90 36' W, 32.6 feet; S 170 40' W, 67.9 feet; S 140 31' W, 475.5 feet; and S 590 50' W, 2464.6 feet; THENCE in a northwesterly direction along the present city limits of the City of Stephenville as follows: N 43° 27' W, 121.65 feet to the beginning of a curve, continuing along a curve to the left, radius = 354.42 feet, long chord = N 550 33' 57" W, 148.78 feet, along a curve distance of 149.89 feet to a corner, N 19° 15' E, 120.51 feet to a corner, N 700 45' W, 764.08 feet; N 67° 12' 46" W, 181.73 feet; N 63° 40' 32" W, 1109.40 feet; N 801 46' 43" W, 835.31 feet to a corner in a curve, continuing along a curve to the left, radius = 235.04 feet; long chord = N 27° 31' 39" W, 49.57 feet, along a curve distance of 49.66 feet to a corner, S 560 25' 10" W, 170.0 feet and N 330 34' 50" W, 7.32 feet to a point of leaving said city limits for the NWC of this tract; THENCE along the east lines of this tract as follows: N 56° 25' 10" E, 176.79 feet, along a curve to the right, radius = 235.04 feet, long chord = S 27° 31' 47" E, 49.55 feet, along a curve distance of 49.65 feet, S 800 46' 43" E, 836.80 feet, S 63° 40' 32" E, 1110.93 feet, S 670 12' 46" E, 180.52 feet; S 700 45' E, 864.08 feet; S 240 7' 21" W, 136.67 feet, along a curve to the right, radius = 364.42 feet, long chord = S 480 31' 58" E, 64.58 feet, along a curve distance of 64.66 feet, and along a curve to the right, radius = 743.70 feet, long chord = S 38° 44' 40" E, 122.02 feet, along a curve distance of 122.16 feet to the place of beginning and containing 1.03 acres of land; is hereby received into the City Limits of the City of Stephenville and made a part of the City of Stephenville and the City Limits of the City of Stephenville are hereby extended in accordance EM with the lines and the description of the parcels of land hereinabove described. The above described land is hereby annexed and made a part of the City of Stephenville by virtue of petition presented to this City Council at meeting held on June 3, 1980 which petition was signed by RON E. DODD, President of Stephenville Savings and Loan Association, which petition is also duly sworn to by said person; and there being no qualified voters living within the above described area which is annexed by this ordinance; and such petition and the facts therein stated authorizing this action hereby taken under the laws of this state and under the Charter and Ordinance of the City of Stephenville and that the Stephenville Savings and Loan Association is the owner of all of said land. The City Council, having a quorum present at this meeting of June 3, 1980, motion was duly made and duly seconded that this ordinance pass, and upon vote said motion carried unanimously. This ordinance shall go into effect immediately and the above described land is hereby declared to be annexed and the same is part of the City of Stephenville as of this date of passage. PASSED AND APPROVED this 3rd day of June, 1980. F114we"W Pemberton Secretary JoePr Cummings, Mayor ,J9 Mr. Chandler also advised that this median is a part of a city street. The city should remove the median if there is a public reason for it. If there is a reason that serves the public interest or a part of the public, but not just for the purpose of accommodating 1, 2, or 3 persons. Councilman Leese also advised that the committee had felt that if just that portion of the median were removed that Mr. Walker had requested, it would create a safety hazard . Also, if the Council should decide to allow removal of a portion of said median, the city should do the work rather than allow an individual to do work on a city street as it would be setting a precedent for the future should a private citizen decide to change part of a public street. Councilman Leese said that, in view of Mr_ Chandler's legal opinion, he did not think the Council would be within.their rights to allow any changes in the median just.for the benefit of one person, therefore, the committee recommended denial of Mr. Walker's request. Councilman Hammett commented that he was of the opinion that Mr. Walker should be reimbursed for the money he had spent because he had been given permission to do the work.he had done. After more discussion, Councilman Leese moved, seconded by Councilman Irwin, to deny Mr. Joe B. Walker's request to cut a 16' opening in the median on Prairie Wind Blvd and that Mr. Walker be reimbursed $20.00 for the work he had already-done with permission from Mr. Shelton. Motion carried unanimously. It was the consensus of the Council not to take any action at this time pertaining to the upkeep of such medians. ITEM V: COMMITTEE REPORT ON PROPOSED HOSPiITALIZATION PLAN - #416 Councilman Irwin reported that the agent presently handling the city's hospitalization insurance has proposed a plan whereby the city would self - insure. Said proposal is based on the fact that last year the premiums were $43,800 and the claims were $22,440 which would have been quite a savings had we had this type insurance at that time. He said the concept seemed wery good. The committee is studying it now and will submit it for bids. They will give a more detailed report when the bids have been re- ceived and computed. Councilman Irwin said the committee recommends action be delayed at this time. There was no further discussion or action taken. ITEM VI: CUSTOMER SERVICE DEPARTMENT REPORT -JOYCE PEMBERTON - #520 City Secretary Joyce Pemberton came before the Council with an annual report on the Customer Service Department. Mrs. Pemberton advised the Council, in detail, of the problems her department has encountered with the installation of the Burroughs B 800 computer for the utility billing. In her report, Mrs. Pemberton told the Council that 95% of the problems they have had with said installation were due to the poor instructions given by Burroughs. After a very length discussion, it was the consensus of the Mayor and Council that if Burroughs did not get the machine to working properly and give the help needed for proper operation and to do the things promised, to either withhold payments or let them pick up the machine and get one from some other company. Mrs. Pemberton also advised the Council of the need for more office space. She said there was no room for storage of supplies which would save money if purchased in volume. There is no place for anyone to sit if they come in to talk with her. Mr. Ackermann does not have space for anyone to sit when they need to discuss personnel matters, etc. Mr. Shelton said there was a possibility of making a room in back of the council room as it already had a roof on it. He said there was $60,000 in the budget for the expansion of.City Hall and he estimated about $4,000 for this room. He said this could be one large office or maybe two small ones. Councilman Anderson commented that he felt that if it did not cost too much they should go ahead and make more room. Mayor Cummings asked Mr. Shelton to check into this. To get someone to give an estimate on closing in the area behind the council room. To look at the cost and potential space that would be available and have a report at the next meeting. He said he did'not want to take too short a view if there were going to be more demands in the near future. COMMENTS & DISCUSSION Councilman Hammett commented that the city needs to be extremely careful on the new subdivisions to see that all requirements are met. He said it seems that on nearly every one there is something that needs an exception made, then in a year or two it comes back to the Council for action. Such as paving, splitting of lots, curb and gutter, etc. The Council is the overall authority to pass on these exceptions and they need to be very careful of making those exceptions and the city staff needs to keep a close check as the subdivisions are developed. These exceptions that come back to the Council cause problems for everyone involved and cost the taxpayers money. Mr. Shelton advised that he had received an estimate from Slawson Roofing Company in the amount of $1,575.00 to fix a leak in the roof of the office at the airport. He said there is nothing in the budget for this, but it looks as though it will have to be done. Administrative Assistant Kurt Ackermann reported that he had contacted the Air Control Board in Austin regarding the complaints of bad odors around Farmers Milling Company. They are supposed to send some investigator - down here from Fort Worth in the next few days. Mr. Ackermann also advised that Fire Marshall Kenneth Haley is keeping close tabs on the building Farmers Milling had built and intended to store amonia nitrate in. The Fire Prevention Code prohibits the storing of explosive or hazardous materials within a populated area. Farmers Milling is suppose to get a permit from Mr. Haley to store this type of material. According to the Fire Prevention Code, the Fire Marshall has the authority to grant or deny said permit according to his findings. There being no other business to come before the Council, the meeting adjourned at 8:15 p.m. Ma or ATTEST: ty ecretary