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Home My WebLink About1984-05-01 - Regular City CouncilIf./ 5 MINUTES OF THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS, HELD ON TUESDAY, MAY 1, 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 : David Clayton Charles Riggins Members: Larry Hammett G. A. Swindle William G. Brede James L. McSwain Ray Reynolds Floyd Gordon Larry Tatum and with the following members absent: None City Administrator Kurt J. Ackermann, City Secretary Joyce Pemberton, City Attorney Joseph Chandler, Director of Finance Charlene Young, Director of Public Works Danny Johnson, Chief of Police Doug Conner, Fire Chief Jimmy Mooney, Building Inspector Gary Nabors, Betty Chew, Virginia Dorris, W. 0. Trogdon, James Magill, and Wayne Blue were present. ITEM I: APPROVAL OF MINUTES. Councilman Riggins moved that the minutes of the City Council meetings held on the 3rd, 11th, 12th, and 19th days of April, 1984, be approved as written. Councilman Hammett seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None II: HEAR FROM Virginia Dorris, a member of the P & Z Commission, presented the following recommendations from the P & Z Commission: A. A favorable recommendation to change the zoning, from B -1 to B -4, on 1.14 acres of land, being part of Lots 15 & 16, Block 89, and part of Lot 2, Block 86, City Addition, also known as The Tejas Club located at 1071 Tejas Lane. Mayor Clayton set June 5, 1984 at 7:00 p.m. in Council Chambers at City Hall, 354 N. Belknap Street, Stephenville, Texas, as the date, time, and place for a public hearing to consider the above favorable recommen- dation. B. A negative recommendation to B -1, on Lot 3, Block 1, N. Belknap Street. to change the zoning, from R -2 Reil Addition, located at 789 Councilman Hammett moved that the City Council accept the negative recommendation of the Planning and Zoning Commission and that the above change of zoning be denied. Councilman Gordon seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM III: PUBLIC HEARI IDER TO Mayor Clayton opened the floor for a public hearing to con- sider the request from J. Louis Evans for a change of zoning, 1 from B -1 to B -4, on part of Blocks 86 & 89, City Addition, also known as Jay's Club located at 1080 Tejas Lane. THOSE IN FAVOR: None THOSE OPPOSED: None Councilman McSwain said that in view of the fact they were not interested enough to attend the meeting, he moved that the request be denied. Councilman Gordon seconded the motion. Emily Evans addressed the Council stating that her father had requested the change of zoning so that the club would be in compliance with the city's Zoning Ordinance. Also in order that he might close the club for 48 consectutive hours for vacation, etc. without any problems in reopening when he returned. Mayor Clayton closed the public hearing at this time. The above motion did not carry by the following vote: AYES: 2 NOES: 6 Councilman Swindle moved that the change of zoning, from B -1 to B -4, on part of BW 86 & 89, City Addition, also known as Jay's Club located at 1080 Tejas Lane, be approved. Councilman Riggins seconded the motion. The motion carried by the following vote: AYES: 6 NOES: 2 ITEM IV• PUBLIC BLUE T IDER Mayor Clayton opened the floor for a public hearing to con- sider the request from Wayne Blue to change the zoning, from R -1 to B -2, on 3.15 acres out of the William Motley Survey, A -515, located 500 feet north from the northwest corner of the intersec- tion of FM 988 and U.S. 377 -67. THOSE IN FAVOR: Wayne Blue addressed the Council stating that he wanted to build a new car dealership on this site and part of it was zoned R -1. It is this portion of his property that he was requesting the change of zoning for. THOSE OPPOSED: None Mayor Clayton closed the public hearing at this time. Councilman Hammett moved that the City Council approve the request from Wayne Blue and that the 3.15 acres out of the William Motley Survey, A -515, located 500 feet north from the northwest corner of the intersection of FM 988 and U.S. 377 -67 be rezoned to B -2. Councilman Tatum seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None V: CONSIDER INSTALLATION OF FOUR -WAY STOP S E Councilman Swindle explained that he felt there was a great need to shift as much traffic off Washington Street as possible. He said this had been discussed with the Traffic Committee and it was agreed it should be tried at least as a temporary measure to see how it worked. After some discussion, Councilman Swindle moved that a four - way stop sign be installed at the intersection of S. Lillian and Long Street for a period of 90 days as a test period to see if it helped alleviate the traffic congestion on Washington St. Councilman Riggins seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM VI: CONSIDER FINAL PLAT FOR RIDGEVIEW ESTATES SUBDIVISION. This item was deleted as the Developer did not have all the material available for review. ITEM VII: HEAR REPORT ON AMERICAN LEGION REQUEST TO FORGIVE AD VALOREM TAXES. City Administrator Kurt Ackermann reminded the Council that in the last council meeting Bill Moon, Post Commander for the local American Legion, had requested that the City forgive their 1983 property taxes which amounted to approximately $230.00. Mr. Ackermann said that after talking with the State Property Tax Board he was told that only organizations which have been granted tax - exempt status by the C.A.D. can be forgiven for tax purposes. The City Council has no jurisdiction under current statutes. Mr. Ackermann also explained that he had researched the Council Minutes from the years 1932 -1944 and had found on page 324 of Minute Book E a Resolution authorizing the "Mayor of the City of Stephenville execute for and on behalf of the City of Stephenville a deed conveying the property described to Emmett R. Moon and his successors as Post Commander and so that the legal title to said property for the use and benefit of said American Legion Post shall always be vested in the Post Commander." The Resolution passed unanimously, dated December 1, 1942. Mr. Ackermann said that on March 2, 1943, It was moved by Fred McCleskey and seconded by C. A. McDonald, that the American Legion Hall be assessed for the year 1943 at a $50.00 value for city tax purposes. Motion carried. After some discussion, it was the consensus of the Mayor and Council that no action be taken. ITEM VIII: ELECT MAYOR PRO TEM. Councilman Hammett moved that Councilman G. A. "Pinkie" Swindle be elected Mayor Pro Tem. Councilman Gordon seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM IX: HEAR REPORT FROM CHARLENE YOUNG, DIRECTOR OF Director of Finance Charlene Young presented cost comparison report for the collection of city ad valorem taxes. COST COMPARISON: CITY C.A.D. Operational Costs: $24,400.00 $20,000.00 3 ............... Start -Up Costs: $28,200.00 -0- After discussion, Councilman Reynolds moved that the City renew the contract with C.A.D. for collection of the city's ad valorem taxes, provided the cost does not exceed 4% of the pre- sent cost. Councilman Tatum seconded the motion. The motion carried by the following vote: AYES: All members present._voted aye. NOES: None ITEM X: CONSIDER BIDS RECEIVED FOR CHAIRS IN COUNCIL CHAMBER. Councilman Swindle moved that the bid of $1,558.56 from Patterson Office Supply, Stephenville, Texas, for the purchase of 48 chairs for the Council Chamber be accepted. Councilman Reynolds seconded the motion. The motion carried by the following vote: AYES: All members: present voted .aye. - NOES: None XI: CONSIDER OF BI D Councilman Riggins moved that the Director of Parks 7 Recreation be authorized to invite bids for the purchase of a copy machine for the Department. Councilman McSwain seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM XII: EXECUTIVE SESSION. Mayor Clayton recessed the open portion of the Council Meeting and called the City Council into executive session as provided in the Texas Open Meetings Law, V. T. C. S., Article 6252 -17, for the purpose of discussing matters of personnel: 1. Discussion of recommendations of the Airport Advisory - Board regarding airport manager. Mayor Clayton reconvened the Council into open session. No action was taken on matters discussed in executive - session. XIII After review and discussion, the re -cap of the active com- mittee assignments are as follows: (* denotes committee chairman) 12/07/82: TRAFFIC STUDY COMMITTEE: HANDICAPPED PARKING ORDINANCE. * Pinkie Swindle Bill Brede Larry Hammett Jim McSwain Doug Conner Kurt Ackermann 05/04/82: MOBIL OR ROADSIDE VENDOR'S ORDINANCE. * Jim McSwain Bill Brede Larry Tatum 10/04/83: POLICIES FOR AMBULANCE TRANSFER & STAND -BY SERVICES. 4 * Pinkie Swindle Jim McSwain Charles Riggins YO/04/83: FIRE PROTECTION /MUTUAL AID AGREEMENTS. * Pinkie Swindle Jim McSwain Charles Riggins RIGHTS TO * Bill Brede Floyd Gordon Larry Hammett 11/01/83: R -3 ZONING DISTRICT: * Pinkie Swindle Bill Brede Jim McSwain BLOCKING OF DOWNTOWN S * Bill Brede Charles Riggins David Clayton Ray Reynolds 11/07/83: AMBULANCE SERVICE OPERATION: * Ray Reynolds Charles Riggins Randy Thomas MOBILE HOME PARK ORDINANCE: * Bill Brede Charles Riggins Pinkie Swindle Larry Tatum 02/07/84: LIVESTOCK WITHIN CITY LIMITS: * Jim McSwain Ray Reynolds Bill Brede 02/07/84: EXTRATERRITORIAL JURISDICTION: * Charles Riggins Jim McSwain Kurt Ackermann BY DELIVERY Mayor Clayton discontinued the Bond Surety Committee. Mayor Clayton urged the committees to meet and make their recommendations on the various subjects in order to get these matters settled. There being no other business to come before the Council, Mayor Clayton adjourned the meeting at 9:25 p.m. ATTEST: , , � . J "J— - 1"';L' -- Clity FAcretary 3 CX David Clayton, Mayor OF -T6? FM • 98� ORDINANCE NO. 05 84 01 AN ORDINANCE REZONING THE LAND DESCRIBED FROM THE ZONING CLASSIFICATION OF RESIDENTIAL -1 TO BUSINESS -2. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: That certain land in the City of Stephenville and being all that certain 3.15 acre tract of land, being part of Lot No. 17 of Block No. 155 of the City of Stephenville, being part of the Wm. Motley Survey, Abstract No. 515, in Erath County, Texas, being part of the Wolfe Nursery Lands and described as follows: Beginning at a point in the east line of Lot 18 and the most southerly west line of Lot No 17 of Block No. 155 of the City of Stephenville, being in the east line of a former 3.51 acre tract of land conveyed by L. J. Stone et ux to G. B. Strother et ux by deed dated March 5, 1956 and recorded in Volume 354, Page 340 of the Deed Records of Erath County, Texas, being located 506.01, N 280 32' 34" W from the SE corner of said Strother 3.51 acre tract, for the SW corner of this tract, from which the NE corner of the Wm. Motley Survey bears S 280 32' 34" E, 506.01, N 700 12' 42" E, 16.061, N 700 16' 51" E, 23.911, N 250 16' 58" 16' 58" E, 141.411, N 190 43' W, 1091.3' N 030 22' 25" W, 1467.23' and N 21° 43' 30" E, 66391; Thence N 28° 32, 34" W, 510.36' to an iron rod set at a fence corner post at the NE corner of the G. B. Strother 3.51 acre tract, being the NE corner of Lot 18 and at an inner corner of Lot 17, for the NW corner of this tract; Thence N 60° 16' E, 300.5' to an iron rod set in the west right of way line of Farm Road 988, for the NE corner of this tract; Thence S 19° 43' E along the west line of said highway, 556.58' to a point in the north line of a Commercial Zoned Tract, for the SE corner of this tract; Thence S 700 16' 51" W along the north line of said Commercial Zone Tract, 317.61' to the place of beginning and containing 3.15 acres of land. and it is hereby rezoned and the zoning classification thereof is hereby changed from the classification of Residential -1 to Business -2. Said land is from this date zoned as Business -2, in accordance with the zoning ordinance of the City of Stephenville. PASSED AND APPROVED this 1st day of May , 198 4. ATTEST: y ecretary Mayor KOSA w J Z M_ V7 � fi Q Q w a �I LOT 17 - � BLOCK I5° o� r Wo /{'t S/. 55 Ae nr• r \ N60 ohr,'E\ 300.5, AP Y , r on V n �y�6o�Qq ti na. ro• E yob o M h b 3 'h LOT 18 0 a, Iy f N 3-15 Acres re Be IPazonG01 Pop/ wo /Fe S. 67.0a. W M. MOTLEY 5.088 AC. y e b� a 7�6•S/ "1y 0.47Ac el, G. B. slrafber Jr, of ax Ta Par/ B. Gooch eiax 1ePlz8,1976 sg1/z9z lsasz• � iA° b 6 fhb, n e ,05} f for 1 y� Q f Q O Q m C.8 5 195g3g6b I 5' P (Y h 6Mo�135A� W 1 J6I e v° LOT 7 BLK. 156 LOT 1s V M 1.280 Ac O I b N tib a a � vQ o Igo. n Ai , VJ 1 G <Ssz.s746•'W Isz.sr �5 A1• ,513 --•-� � 6 Ise. s7 ?= s97s•s'B- 255 Sca/e: P, _ /oo' c U. S, HIGHb✓AY NO. 377 �- r%!WAYNE E ✓. W. Marrow � I. - � Ac LOT 1 246/99 BLK 157 bI Basque ,Pluer L'en>`i•G m•. C6Rw c�: a1 • Al 13a�d. QIP I ,3dwd I I I I I SURVEY A -515 I bye, Tract To Be Rezoned Field Notes The State of Texas: County of Erath: All that certain 3.15 acre tract of land, being part of Lot No. 17 of Block No. 155 of the City of Stephenville, being part of the Wm. Motley Survey, Abstract No. 515, in Erath County, Texas, being part of the Wolfe Nursery Lands and described as follows: Beginning at a point in the east line of Lot 18 and the most southerly west line of Lot No. 17 of Block No. 155 of the City of Stephenville, being in the east line of a former 3.51 acre tract of land conveyed by L. J. Stone et ux to G. B. Strother at ux by deed dated March 5, 1956 and recorded in Volume 354, Page 340 of the Deed Records of Erath County, Texas, being located 506.0', N 28° 32' 34" W from the SE corner of said Strother 3.51 acre tract, for the SW corner of this tract, from which the NE corner of the Tim. Motley Survey bears S 28° 32' 34" E, 506.0', N 700 12' 42" E, 16.06', N 700 16' 51" E, 23.91', N 25° 16' 58" E, 141.411, N 19° 43' W, 1091.3' N 03° 22' 25" W, 1467.23' and N 21° 43' 30" E, 66391; Thence N 28° 32' 34" W, 510.36' to an iron rod set at a fence corner post at the NE corner of the G. B. Strother 3.51 acre tract, being the NE corner of Lot 18 and at an inner corner of Lot 17, for the NW corner of this tract; Thence N 60° 16' E, 300.5' to an iron rod set in the west right of way line of Farm Road No. 988, for the NE corner of this tract; Thence S 19° 43' E along the west line of said highway, 556.58' to a point in the north line of a Commercial Zoned Tract, for the SE corner of this tract; Thence S 70° 16' 51" W along the north line of said Commercial Zoned Tract, 317.61' to the place of beginning and containing 3.15 acres of land. z�e. Regisublic Su eyor February 29, 1984. f per`• oF'••,F,�9� .................... �YAYNE GRAHAM