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HomeMy WebLinkAbout1978-04-07 - Special City CouncilSPECIAL SESSION - FRIDAY APRIL 7, 1978 -3 :00 P.M. CHAMBER OF THE CITY COUNCIL CITY HALL, CITY OF STEPHENVILLE, TEXAS The City Council of the City of Stephenville, Texas, met in Special Session, Friday, April 7, 1978, at 3:00 p.m., with Mayor Donald R. Jones present and presiding. Councilmembers Mike Leese, W. M. Irwin, Calvin A. McGee, Charles Riggins, Raymond Anderson, Ermer Ferguson, Larry Hammett, and Linda Jones Chew were present. Others attending the meeting were City Administrator Marshall Shelton, Director of Public Works R. Y. Gann, Administrative Assistant Kurt Ackerman, Chief of Police Mike Watkins, Director of Parks & Recreation Ronnie Isham, Assistant City Attorney Randolph Chandler, Fire Marshall Kenneth Haley, Tax Assessor - Collector Robert Groves, and City Secretary Joyce Pemberton. Also attending were Mrs. Verna Hancock, Mr. Dave Montgomery, Mr. Ralph Kemp, Mrs. Betty Heath, Mr. Gordon Green, and Mr. Seth Moore. Mayor Jones called the meeting to order. Councilman McGee advised the Mayor and reminded the Council of the discussion regarding the Housing Grant from the Texas Department of Com- munity Affairs in the previous meeting of April 4th. Mrs. Verna Hancock came before the Council and explained that the city's committments on this grant would be to find a person to represent the city should the city become the sponsoring body. Could even have a committee to observe what is being done. At the end of each year, said person would have to perform some duties to make sure there are no discreptancies between the landlird and the renter or if the person's income had gone up at the end of the year, they would have to be dropped from the program. After a lengthy discussion, Mayor Jones read the following Resolution: RESOLUTION A RESOLUTION ENDORSING AND SUPPORTING THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS AS THE COORDINATING AND IMPLEMENTING PUBLIC HOUSING AGENCY FOR THE SECTION 8 HOUSING ASSISTANCE PAYMENT PROGRAM -- EXISTING HOUSING WHEREAS, the City of Stephenville is desirous of supporting and joining other local units of government in obtaining housing for lower - income families.of Texas; WHEREAS, Section 8 of Title II of the Housing and Community Development Act of 1974 provides for housing assistance payments 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 requested 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 supports the Texas Department of Community Affairs in implementing and administering the Section 8 Housing Assistance Payment Program to enhance the living conditions in our juris- dictional area; and WHEREAS, the Texas Department of Community Affairs has applied to the United States Department of Housing and Urban Development to enter into an Annual Contributions Contract to operate a statewide Section 8 program including operation in our jurisdictional area; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS, THAT THE City of Stephenville hereby requests and authorizes the Texas Department of Community Affairs to act on behalf of the City of Stephenville as the applicant and administrator of the Section 8 Housing Assistance Payment for Existing Housing in our jurisdictional area. THE CITY OF STEPHE LE � / Donald R. Jone , a r ite Secretary ISO Councilman McGee moved, seconded by Councilman Irwin, that the City Council approve and adopt said Resolution as read. Motion carried unanimously. ITEM II- KIWANIS REQUEST FOR CARNIVAL IN CITY PARK DENIED Mayor Jones reminded the Council that in the previous meeting, the Council had discussed the request of the Kiwanis Club to bring a carnival to the city park. He said there had been some controversy.as to whether or not carnivals should be allowed in the city park and what the city's policy should be regarding carnivals, etc. Mayor Jones said that whatever was decided at this meeting, that the city should be consistent. Mayor Jones read an excerpt from the council minutes of April 26, 1967, in which it stated that a committee consisting of the Mayor, Mayor Pro Tem, Director of Finance and Chairman of the Park Department had been appointed to approve future activities at the city park. Mayor Jones said he agreed that the city does need a policy specifying that carnivals and circuses are prohibited in the city parks, but would have to be careful so as not to eliminate activities of citizens of the city. Mr. Gordon Green, secretary of the Kiwanis Club, came forward and explained that he had checked with other cities where this carnival had been and it had been very highly recommended. He said the operators of this carnival were clean, honest people and would keep the park clean. Councilman Leese suggested that the Kiwanis Club might use the Erath County Livestock Arena. He said the Lions Club had used this arena and it had worked very well even though there was a little more work involved and needed more advertising. Director of Parks & Recreation Ronnie Isham said he did not want the carnival in the city parks because he was not prepared, to handle such things. He said this would tie up all the hookups for campers for a week, parking would be a problem, and all the rides would be on the grass which would be ruined. Mr. Isham said he recommended that the City Council set a policy of not allowing a carnival or circus in the city's parks. After more discussion, Councilman Irwin moved to deny the request of the Kiwanis Club to have a carnival in the city's park and that the City Council set the policy that there will be no carnivals or circuses in the city parks from this date forward. Councilman Riggins made the second. Motion carried unanimously. ITEM III - ZONING RECOMMENDATIONS FOR TANGLEWOOD NORTHEAST APPROVED Mayor Jones explained the background on the preliminary and final plats of the Tanglewood Northeast Subdivision and opened the floor for discussion. Councilman McGee said he felt this request for zoning had been held up long enough and he was in favor of the rezoning. Mayor Jones said he felt that planned commercial or R -2 zoning in a subdivision qualifies itself for rezoning and does not violate the spot zoning law. Also that a B -1 zoning was primarily to service the residential areas. Councilman McGee made the motion that Lot 12, Block 1, and Lot 14, Block 3, Tanglewood Northeast Subdivision be rezoned from R -1 to B -1 as recommended by the Zoning Board. Councilman Irwin made the second. Mayor Jones asked for discussion before he called for question on the above motion. Mr. Ralph Kemp, Councilman Leese, Councilwoman Chew, Mrs. Pat Jameson, Mr. D. N. Sellers, and Mr. Charles Hampton all spoke opposing the said rezoning. After much discussion, Mayor Jones called for question on the above motion. The motion-carried by the following vote: AYES: Councilmen Irwin, McGee, Riggins, Anderson, Ferguson, and Hammett. NOES: Councilmembers Mike Leese and Linda Chew ABSENT: None ITEM IV- COUNCILMAN -IRWIN ELECTED- .- M,AYOR PRO TEM Councilman Riggins nominated Councilman Irwin as Mayor Pro Tem, seconded by Councilman McGee. Councilman Hammett moved that nominations cease and Councilman Irwin be elcted Mayor Pro Tem by acclamation. Councilman McGee made the second. Motion carried unanimously. ITEM V -OLD BUSINESS AMBULANCE POLICY Mayor Jones told the Council he had been informed of the discussion in the previous meeting regarding ambulance policies and he appointed Councilmen Ferguson, McGee, and Leese, with Councilman McGee as chairman, to examine whether or not there is a need for a written policy in regard to ambulance service outside the county or whether to leave it at the administrator's discretion; outside the county and within the city limits, if there is any policy to be drawn.. Said committee to:. °report at the next regular meeting and to present the written policies, if any are needed. ITEM VI- EXECUTIVE SESSION Mayor Jones announced.the Council would g6-into Exe6utve.Session under the Texas Open Meetings Law (Article 6252 -17, V.T.C.S.) Section 3 (3), to wit: "In cases involving the appointment, employment, evaluation, reassignment of duties, discipline, or dismissal of a public officer, or employee or to hear complaints or charges against such officer or employee, unless such officer or employee requests a public hearing." -- ITEM VII - COUNCIL RECONVENED IN OPEN SESSION Mayor Jones reconvened the Council in open session at 4:45 p.m. Mayor Jones asked the members of the Council that had taken their Oath of Office on Tuesday, April 4, 1978, to reaffirm their oaths with the City Secretary so that she might change the date on said oath. This to be done in regard to the five day waiting period called for in the Election Code for cities under General Law so there could be no questions later. DISCUSSION OF COMBINING PLANNING & ZONING COMMISSIONS Mayor Jones advised the Council that present Planning and Zonin Commissions joint commission with ten ?10) members. ordinances to see if amendments would be a Board of Adjustment was needed, if not that effect. he had in mind to do away with the in total and start anew with a He said he needed to check the necessary. Also whether or not an amendment to the ordinance to Mayor Jones said there would be a Planning & Zoning workshop here in June which he would like for all of the Council to attend as well as the Planning & Zoning Commission, if he could get them appointed in May. He also suggested that the Planning & Zoning Commission should be a paid position. He asked that the Council be giving this some thought and con- sideration for a decision at the May regular meeting.' _ had City Administrator not - takenanyactionh advised Council t Zoning Board regarding the lot onwhichMr. AundrewTuurleyhad poured his foundation 9/ feet too close to the curb. The Zoning Board did not feel this came under their jurisdiction and was so advised by the City Attorney. The subdivision dedications would overrule any action they might take. There being no other business to come before the Council, Mayor Jones adjourned the meeting at 5:10 p.m. = mW W �66 1 a �ffl 0 � eN - ATTEST: it Secre ary — 161 162 01 01 0 01 REGULAR SESSION - TUESDAY MAY 2, 1978 - 7:00 P.M. CHAMBER OF THE CITY COUNCIL CITY HALL, CITY OF STEPHENVILLE, TEXAS The City Council of the City of Stephenville, Texas met in Regular Session Tuesday, May 2, 1978 at 7:00 p.m. with Mayor Donald R. Jones present and presiding. Councilmembers Mike Leese, W. M. Irwin, Calvin A. McGee, Charles Riggins, Raymond Anderson, E. W. Ferguson, Larry Hammett and Linda Chew were present. Others attending the meeting were City Administrator Marshall Shelton, Assistant City Attorney Randy Chandler, Director of Public Works R. Y. Gann, Administrative Assistant Kurt Ackermann, Director of Utilities Danny Johnson, Water Superintendent J. D. Chapman, Director of Parks & Recreation Ronnie Isham, Chief of Police Mike. Watkins, Fire Marshall Kenneth Haley, Tax Assessor - Collector Robert Groves, Mr. Scott Reed and City Secretary Joyce Pemberton. Mayor Jones called the meeting to order and Mr. Shelton gave the invocation. ITEM 1: APPROVAL OF MINUTES There being no addition, deletions or corrections, the minutes of the April 4th and April 7th' council meetings stood approved as written. ITEM 2: RECOMMENDATIONS OF THE ZONING BOARD Mayor Jones advised the Council that, due to problems of publication, the Council would not be able to hold the Public Hearing or to act on the Zoning Board's recommendations for rezoning of the property on Harbin Drive or Dr. Raley's property on the Northwest Loop. Mayor Jones set the June 6th meeting for the Public Hearing and action on the rezoning after proper publication. PUBLIC HEARING ON ANNEXATION ORDINANCE Mayor Jones then opened the meeting for public hearing to consider the annex- ation of a portion of the River North Subdivision, Phase II, that is presently outside the city limits. Said property being 11.38 acres out of the Jarrett Menefee Survey. There being no comment from the floor and no discussion from the Council, Mayor Jones closed the public hearing and set the June 6th meeting at the date for final adoption. ITEM 3: CITY PROPERTY LEASED TO SUN CONSTRUCTORS, INC. City Administrator Shelton explained that Mr. Lane Wallace of Sun Constructors, Inc. had asked to lease two or more acres of city owned property near the airport. Mr. Shelton said this would be on a month to month basis and no permanent building f , would be erected on said property. After some discussion, Councilman McGee moved, seconded by Councilman Ferguson, i that the City enter into a month to month lease contract with Sun Constructors, Inc. on two or more acres out of the Matthew Robert Survey, Abstract 640, Airport Addition, for $75.00 per month. Motion carried unanimously. ITEM 4: JURY PAY ADJUSTED After some discussion, Councilman Irwin moved, seconded by Councilman Riggins, that the City adjust the pay of persons summoned for jury duty to $10.00 per day for those serving and $5.00 per day for those summoned but dit not serve. Motion carried unanimously. ITEM 5: CONSIDER APPOINTMENT OF THE EQUALIZATION bURNW AND TAX DEPARTMENT REPORT Mayor Jones explained that he had been unable to contact all the persons being considered for appointment to the Equalization Board to verify their acceptance if appointed. Therefore, he did not have a list to present to the Council for approval. After some discussion, Councilman Irwin moved, seconded by Councilman Anderson, that the Mayor appoint a three member Board of Equalization subject to ratification by the Council at the next Regular Meeting. The motion carried unanimously. Tax Assessor - Collector Robert Groves gave the Council a report on the status of the delinquent taxes. In his report, Mr. Groves told the Council that, to date, $344,281.9 has budgeted figure and 95% collected of the total roll. This being 108% of the roll