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HomeMy WebLinkAbout1984-10-02 - Regular City CouncilMINUTES OF THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS, HELD ON TUESDAY, OCTOBER 2, 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 Floyd Gordon Councilmembers: Larry Hammett William G. Brede G. A. Swindle James L. McSwain Larry Tatum CHgRG65 ,Qr461.Vs and with the following members absent: Ray Reynolds. City Administrator Kurt J. Ackermann, City Secretary Joyce Pemberton, City Attorney Joseph Chandler, Director of Public Works Danny Johnson, Director of Finance Charlene Young, Chief of Police Doug Conner, Fire Chief Jimmy Mooney, Director of Parks & Recreation Ronnie Isham, Building Inspector Gary Nabors, P & I Clerk Betty Chew and many others were present. ITEM I: CONSIDER APPROVAL OF MINUTES. Councilman Swindle moved approval of the minutes of the City Council meetings held on August 28, 1984, September 4th and September 19th, 1984 as written. Councilman Tatum seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None TEM II: CONSIDER )KS TO PURCHASE Mrs. Cathern Brooks, representing Tom Brooks, advised the Council that Mr. Brooks said he has been maintaining that portion of the street for quite sometime. He would pay for a survey, all transfer costs, and all closing costs and would appreciate the Council's favorable consideration. Mayor Clayton advised Mrs. Brooks that when the City sells property with a value over $1,000.00 bids must be taken. He said was going to put this in committee to determine the value of the property in question and determine if bids are necessary, then get back to Mr. Brooks to advise him of the committee's recommen- dation. City Attorney Chandler advised the Council that state statu- tes provide that property may be sold to the abutting property owners proportioned to their abutting ownership. There would have to be a release of some kind from the abutting property owner on the east side of the property in question. Otherwise it would have to be sold one -half to Mr. Brooks and one -half to the abutting property owner on the east side. Mayor Clayton appointed the following councilmen as a com- mittee to investigate this issue and report back by the -1 -1R 42it& council meeting. 4T), CORXEG7 dA th! No ✓rw49&4 4c714 MErrjua -- ITEM III: CONSI Floyd Gordon Larry Hammett Larry Tatum )ATIONS FROM PLANNIN( A. Favorable recommendation to rezone from 11R -2" (Duplex & Apartment District) to "B -2" (Secondary & Highway 1 City Council Minutes 10/02/84 Business District), Lot 5, Block 26, South Side Addition, also known as 1685 W. Hyman Street. Mayor Clayton set November 6, 1984 at 7:00 p.m. in Council Chambers, 354 N. Belknap St., as the date, time, and place for a public hearing to consider the above recommendation. B. Negative recommendation to rezone, from "B -2" (Secondary & Highway Business District) to "B -4" (Private Clubs), Lots 6, 8, and 22A, Block 134, City Addition, also known as Pizza Inn, 1376 W. Washington St. Mayor Clayton advised this item has been removed indefi- nitely from the agenda because the owners of said pro- perty have not been able to get all their information together for presentation to the Council. C. Negative recommendation to rezone, from "R -1" (Single - Family Dwelling) to "B -1" (Neighborhood Business District), Lot 2A, Block 96, City Addition, also known as 562 N. Graham St. Mrs. Helen Martin, vice Chairperson of the Planning & Zoning Commission, advised the Council that several of the area residents opposed the zoning change. Mrs. Martin said that, as she was not present at the P & Z meeting, she assumed this was the reason for the negative recommendation. Mrs. Martin, speaking as a private citi- zen, said she would have voted for the rezoning because eventually Graham Street will become a business /commercial type street. Councilman Swindle moved that the City Council override the recommendation of the Planning & Zoning Commission and set a date for a public hearing. Mrs. Martin explained that the area residents did not want any businesses in that neighborhood. Mayor Clayton commented that most times he agreed with the P & Z Commission, but this time he did not. He felt this would be an improvement to the property and to the neighborhood and does not understand why this request should be denied. Councilman McSwain commented that it appeared there was approximately a ten foot buffer zone between the B -1 pro- perty just north of the hospital and the property in question and everything else on that part of the block is R -1. If he were a property owner on Belknap Street directly behind this property, he would not want a busi- ness there either. Councilman Hammett commented it would be easier for him if there was more than one piece of property involved in the rezoning. He said he would like to look at a block or two. Councilman Tatum said maybe it would be better to have a public hearing and hear what the neighbors have to say. Also hear what the P & Z Commissioners have to say as to why they gave a negative recommendation. It seems there may have been some dissention on the Commission. Councilman Gordon seconded the motion by Councilman Swindle that a public hearing be set for this issue. The motion carried by the following vote: E City Council Minutes 10/02/84 AYES: All members present voted aye. NOES: None Mayor Clayton set Tuesday, November 6, 1984 at 7:00 p.m. in Council Chambers, 354 N. Belknap Street as the date, time and place for a public hearing to consider this issue. D. Consider recommendation to amend the Zoning Ordinance to include "Pet Grooming Business" as a use in the "B -1" (Neighborhood Business District). Mrs. Helen Martin, Vice Chairperson of the Planning & Zoning Commission, advised the Council that the P & Z Commission did feel the pet grooming business is an appropriate business to be included in the "B -1" (Neighborhood Business District). After some discussion, Councilman Hammett moved that the Zoning Ordinance of the City of Stephenville be amended to include "Pet Grooming Businesses" as a use in the "B -1" Neighborhood Business District. Councilman Brede seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None IV: PUBLIC HEARING TO CONSIDER REZONING, FROM "B -2" 1fV4 WIND BLVD. Mayor Clayton opened the floor for a public hearing to con- sider comments regarding the change of zoning, from "B -2" to "R -1 ", on Lot 1, Block 23, Golf Country Estates Addition, located along the 800 -900 blocks of Prairie Wind Blvd. THOSE IN FAVOR OF REZONING: Mrs. Helen Martin, Vice Chairperson of the Planning & Zoning Commissin, addressed the Council stating that this request was instigated by the P & Z Commission. Some time ago a request was made to rezone this property to "B -2" for the purpose of constructing a "health spa ", which did not materialize, and it was rezoned. The P & Z Commission is now requesting that it be rezoned to "R -1" which is what is all around it. Mrs. Martin also pointed out that this property is owned by the Sunbelt Savings & Loan Association of Texas and they have no objections to the change of zoning. THOSE OPPOSED TO REZONING: None. After some discussion, Councilman Swindle moved that Lot 1, Block 23, Golf Country Estates Addition, located along the 800 -900 block of Prairie Wind Blvd. be rezoned, from "B -2" Secondary and Highway Business District to "R -1" Single - Family Dwelling District. Councilman McSwain seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None 3 City Council Minutes 10/02/84 ITEM V: HEAR SUBDIVISION Councilman Charles Riggins, chairman of the committee, reported that the committee had met and discussed the variance Mr. Vince Daddio had requested regarding the building of two "model" homes in this subdivision before the utilities, streets, and curb and gutters were installed. Councilman Riggins said the committee determined there was no hardship involved. The variance would be just for the con- venience of the developer, Mr. Daddio, therefore the committee's recommendation would be to deny the request for a variance. Councilman Riggins moved to deny the request from Mr. Daddio for a variance to build two model homes in the Ridgeview Estates Subdivision before the installation of utilities, streets, and curb and gutters. Councilman Swindle seconded the motion. The motion carried by the following vote: AYES: Councilmen Gordon, Hammett, Brede, Riggins, Swindle, and Tatum. NOES: Councilman McSwain. ABSTAINED: None ITEM VI: CONSIDER ACCEPTANCE OF QUAIL RUN SUBDIVISION PHASE I. Director of Public Works Danny Johnson addressed the Council stating that Phase I of the Quail Run Subdivision has been installed. The utilities and all the improvements are in place, have been inspected, and accepted by the City. The contractor for the developer has complied with the Subdivision Ordinance rules and regulations to this point. It is being presented to the Council for approval. The City will take over the main- tenance after the expiration of a one -year Maintenance Bond. Councilman Riggins moved acceptance of the Quail Run Subdivision Phase I as recommended by Mr. Johnson. Councilman Tatum seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None CONSIDER AMENDING VARIANCES L RUN Mr. Pat Wilson, developer of the Quail Run Subdivision, addressed the Council stating that he was requesting a variance from a minimum of 935 square feet to 920 square feet for the dwellings in the Quail Run Subdivision. Mr. Wilson explained that the reason for this request was that the original manufac- turer discontinued the single -wide homes he was buying and he had to go to another manufacturer and these homes were not of the same dimensions as the original ones. These homes have already been delivered and paid for. Councilman McSwain commented that he felt it would put the Council in a bad light to grant this variance after turning down Mr. Daddio's request for a variance in the Ridgeview Estates Subdivision. Councilman Swindle said that due to the nature of the sub- division and the location of it and the fact that the only other property around this property is zoned "Industrial" unless it is 4 City Council Minutes 10/02/84 outside the city limits and Mr. Wilson owns it. He is not going to do anything to jeopardize the development of his other property. This type housing is the coming thing as a lot of people can not afford the more expensive houses. He said he can not see that reducing the square footage another 11 square feet is going to be detrimental to the subdivision. Mr. Wilson pointed out that when the Council accepted the plats on this subdivision, a variance was granted to allow 935 square feet in the homes which was for this subdivision only. Councilman Brede commented that a manufactured home is the same thing as a mobile home. They all come under the same specs nationally, state and etc. They are all one and the same. Mayor Clayton commented that regular mortgage companies will not loan money on mobile homes, but they will on manufactured homes. Mayor Clayton commented that this subdivision being the type that it is, its a one of a kind in its own area, he did not see why the Council should worry about whether the minimum square footage is 900 or 935 square feet. It is in one area that affects itself only. It is in Mr. Wilson's best interest to develop the best subdivision he can. He has spent a lot of money to make it the best development he can for what he is doing it for. We have approved the plats, the subdivision, and the previous variances and now that he has had some bad luck with his source of homes, to make him have to sue to straighten this out. We should go ahead and grant the variance and let him get on with his sub- division. After more discussion, Councilman Swindle moved approval of the variance to allow a minimum of 920 square feet in the dwellings in the Quail Run Subdivision. Councilman Riggins seconded the motion. The motion did not carry by the following vote: AYES: Mayor Clayton, Councilmen Swindle and Riggins. NOES: Councilmen Gordon, Hammett, Brede, McSwain, and Tatum. ITEM VIII: HEAR COMMI Councilman Brede, chairman of the committee, reported that the committee felt that present Subdivision Ordinance has been and is working very well. The committee does not feel any amend- ments are needed, therefore, the committee recommends the City Council accept their report and dismiss the committee. The Mayor and Council accepted the committee's report and the Mayor dismissed the committee. IX: HEAR COMMITTEE REPORT REPORT REGARDING Councilman Brede, chairman of the committee, reported that the committee had met and talked with the business people around the square. They felt they knew what the problem was and feel it is pretty well under control now. He said that this problem needs to be kept under observation and if it gets out of hand then the Council might want to take another look at it in the future. 5 City Council Minutes 10/02/84 The Mayor and Council accepted the committee's report. Mrs. Helen Martin addressed the Council asking if the com- mittee appointed to study the R -3 zoning district had met and if they had a recommendation. Councilman Swindle advised that the committee would, hope- fully, have a report by the next meeting. ITEM X: CONSIDER BUDGET AMENDMENT FOR LIBRARY DEPARTMENT. Mayor Clayton advised the derstanding about procedure to budget. He said the Council n amount of $800.00 to take care Alford just did not understand this type thing. Council that this was a misun- take care of an overrun in the reds to amend the budget in the of this. Mayor Clayton said Mrs. the procedure used to take care of Councilman Riggins moved that the Library Department budget be amended in the amount of $800.00. Councilman Brede seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM XI: AUTHORITY TO INVITE BIDS. Councilman Swindle moved authority be given to invite bids for the following items: A. Carpet for City Hall B. Fencing Materials for Sanitary Landfill C. Encoder for Customer Accounting Department D. Pick -up for Animal Control Officer E. STREET DEPARTMENT: 1. Pickup 2. Street paving materials 3. Traffic regulatory signs 4. Street name signs F. WATER /WASTEWATER MAINTENANCE MATERIALS: 1. Pick -up 2. Water /Wastewater maintenance materials G. Paving improvements at Airport H. Copy machine for City Hall. Councilman Hammett seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None I: .ro, Director of Public Works Danny Johnson presented the following bids for an irrigation pump for the Landfill Department and the Water Department and recommended the low bid. 1. DeLeon Irrigationn Supply ---------------- $5,493.00 2. Jack Leonard Irrigation ------------------ $7,142.00 Councilman Gordon moved acceptance of the low bid of $5,493.00 from DeLeon Irrigation Supply as recommended by Mr. C City Council Minutes 10/02/84 Johnson. Councilman Tatum seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None CONSIDER RES L Director of Parks & Recreation Ronnie Isham presented a resolution, required by the state, authorizing him to make appli- cation for a 50% matching funds grant for the purpose of constructing a bandshell in the City Park. Mr. Isham advised the Council that, should the City receive approval of the application, the City must have sufficient funds to meet their share of the $264,134 cost of the bandshell. Mayor Clayton commented that as the Council elected not to levy the additional 3% Hotel -Motel Occupancy Tax the City would not have the matching funds. Councilman Riggins commented that the City was to provide some in -kind work on this project which he thought would amount to $60,000- $75,000 and the Fine Arts Council had given $20,000 and would give more as they can. Councilman Tatum suggested that the Council take another look at the Hotel -Motel Occupancy Tax. Mayor Clayton reactivated the committee to work with the Fine Arts Council and asked that they study this from an economic standpoint and look at the Hotel -Motel Occupancy Tax again to determine if we can get the money together to fund this project and report back at the November 6th meeting. Charles Riggins Jim McSwain Larry Tatum Ronnie Isham Kurt Ackermann XIV: NANCES S Councilman Hammett moved approval of the following ordinances: FOR DALE ISHING A AN ORDINANCE AUTHORIZING AND APPROVING THE INSTALLATION OF FOUR -WAY STOP SIGNS AT THE INTERSECTION OF WEST FREY STREET AND NORTH DALE AVENUE AND THE INSTALLATION OF FOUR -WAY STOP SIGNS AT THE INTERSECTION OF OVERHILL DRIVE AND NORTH DALE AVENUE IN THE CITY OF STEPHENVILLE AND PROVIDING PENALTY FOR FAILURE TO OBEY SAID SIGNS AT THESE LOCATIONS. AN ORDINANCE FIXING SPEED LIMIT OF MOTOR VEHICLES ON DALE AVENUE FROM ITS INTERSECTION WITH OVERHILL DRIVE AND SOUTH TO WEST FREY STREET AT 20 MILES PER HOUR AND FIXING PENALTY FOR ITS VIOLATION. Councilman Gordon seconded the motion. The motion carried by the following vote: 7 City Council Minutes 10/02/84 AYES: All members present voted aye. NOES: None ITEM XV: CONSIDER NG PROPOSTION II It was the consensus of the Mayor and City Council to take no action on this resolution as they felt they did not have enough information. ITEM XVI: EXECUTIVE SESSION TO CONSIDER 41 "4 01 Mayor Clayton recessed the open meeting and called the Council into executive session for the purpose of discussing pending litigation on the Paluxy Water Rights with Somervell County representatives. Mayor Clayton reconvened the Council into open meeting.. No action was taken on matters discussed in executive session. ATTEST: C' y cretary 3 G2 Jr. ��- David Clayton ayor ORDINANCE NO. 10 -02 -84 AN ORDINANCE REZONING THE LAND DESCRIBED FROM THE ZONING CLASSIFICATION OF B -2 "SECONDARY AND HIGHWAY BUSINESS DISTRICT" TO R -1 "SINGLE- FAMILY DWELLING DISTRICT" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: That certain land in the City of Stephenville and being known as Lot 1, Block 23, Golf Country Estates Addition. FIELD NOTES of a survey of 2.250 acres out of the Jarrett Menefee Survey, A -520, being adjacent to Golf Country Estates Addition to Stephenville, Texas, made for Sunbelt Savings and Loan Association, and described as follows: BEGINNING at an iron rod set in the Southerly line of Prairie Wind (a street in Golf Country Estates Addition, as shown by plat of said addition recorded in Vo. 2, Page 7, Plat Records of Erath County, Texas), from which point the East corner of Lot 23, Block 1, bears N. 70 -45 W. 210.0 feet, for the North corner of this tract; THENCE S. 70 -45 E. with street right -of -way, 92.29 feet to beginning of a curve to the right, for a corner of this tract; THENCE with street right -of -way, along a curve to the right, having a radius of 304.42 feet and an arc measurement of 109.51 feet, a chord measurement of S. 60 -26 -40 E. 108.92 feet to an iron rod set on curve, for the East corner of this tract; THENCE S. 20 -52 -07 W. 527.72 feet to an iron rod set for the South corner of this tract; THENCE N. 42 -12 W. 224.24 feet to an iron rod at an inner corner of Sunbelt Savings and Loan tract, for the West corner of this tract; THENCE N. 20 -52 -07 E. 440.00 feet to the place of beginning, containing 2.250 acres. and it is hereby rezoned and the zoning classification thereof is hereby changed from the classification of B -2 "Secondary & Highway Business District" to R -1 "Single- Family Dwelling District ". Said land is from this date zoned as R -1 "Single- Family Dwelling District ", in accordance with the Zoning Ordinance of the City of Stephenville. PASSED AND APPROVED this 2 day of October , 198 4. ATTEST: tic./ - -- y cretary <�/� � — May- or'� ORDINANCE NO. 10 -02 -84.1 AN ORDINANCE AMENDING SECTION 7 -A (23) OF THE ZONING ORDINANCE OF THE CITY OF STEPHENVILLE, TEXAS, TO INCLUDE A PET GROOMING BUSINESS AS A PRIMARY USE IN THE B -1 "NEIGHBORHOOD BUSINESS DISTRICT ". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: Section 7 -A (23) of the Zoning Ordinance of the City of Stephenville is hereby amended to read as follows: 23. Pet Grooming Business This ordinance shall go into effect immediately from and after its passage. PASSED AND APPROVED this 2nd day of October, 1984. David Clayton, Mayor ATTEST: ty ecretary ORDINANCE NO. 02 -10 -84.1 AN ORDINANCE AUTHORIZING AND APPROVING THE INSTALLATION OF FOUR - WAY STOP SIGNS AT THE INTERSECTION OF WEST FREY STREET AND NORTH DALE AVENUE AND THE INSTALLATION OF FOUR -WAY STOP SIGNS AT THE INTERSECTION OF OVERHILL DRIVE AND NORTH DALE AVENUE IN THE CITY OF STEPHENVILLE AND PROVIDING PENALTY FOR FAILURE TO OBEY SAID SIGNS AT THESE LOCATIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: Section One The installation of four -way stop signs at the intersection of West Frey Street and North Dale Avenue and four -way stop signs at the intersection of Overhill Drive and North Dale Avenue in the City of Stephenville is hereby authorized and approved. Section Two It shall be unlawful for any person to fail to obey the stop signs at said intersections and any person who fails to obey said signs either as a pedestrian, operator of a motor vehicle, any motor propelled vehicle or bicycle shall be guilty of a criminal offense. Section Three Any person who is found guilty of violating this ordinance shall be fined in any sum not to exceed $200.00. Section Four This ordinance is hereby designated as Section 13 -14 of the Code of Ordinances of the City of Stephenville. . Section Five This ordinance shall go into effect immediately from and after its passage and publication as provided by law. PASSED and APPROVED this 2nd day of October, 1984. Mayor ATTEST: City Secretary ORDINANCE NO. 02 -10 -84.2 AN ORDINANCE FIXING SPEED LIMIT OF MOTOR VEHICLES ON DALE AVENUE FROM ITS INTERSECTION WITH OVERHILL DRIVE AND SOUTH TO WEST FREY STREET AT 20 MILES PER HOUR AND FIXING PENALTY FOR ITS VIOLATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: Section One It shall be unlawful for any person to drive or operate any motor vehicle on that portion of North Dale Avenue from its intersection with Overhill Drive south to its intersection with West Frey Street at a greater rate of speed than twenty miles per hour. Section Two Any person found guilty of violating the provisions of this ordinance shall be subject to a fine of not more than $200.00. Section Three This ordinance is hereby designated as Section 13 -15 of the Code of Ordinances of the City of Stephenville. Section Four This ordinance shall go into effect immediately from and after its passage and publication as provided by law. PASSED and APPROVED this 2nd day of October, 1984. Mayor ATTEST: o-L' City Secretary