HomeMy WebLinkAbout1984-12-04 - Regular City CouncilMINUTES OF THE CITY COUNCIL
OF THE
CITY OF STEPHENVILLE, TEXAS, HELD ON
TUESDAY, DECEMBER 4, 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 Pro Tem
with the following members present:
Mayor: David Clayton (late) Floyd Gordon
Councilmembers: Larry Hammett William G. Brede
G. A. Swindle James L. McSwain
Ray Reynolds Larry Tatum
and with the following members absent: Charles Riggins.
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, Building Inspector
Gary Nabors, P & I Clerk Betty Chew and many others were present.
ITEM I: CONSIDER APPROVAL OF MINUTES OF NOVEMBER 6, 1984.
Councilman McSwain moved approval of the minutes of the City
Council meeting held on the 6th day of November, 1984 as written.
Councilman Reynolds seconded the motion. The motion carried by
the following vote:
AYES: All members present voted aye.
NOES: None
ITEM II
PLANNING & ZONING
Mr. Charles Castleberry, Chairman of the Planning & Zoning
Commission, addressed the Council. Mr. Castleberry read a letter
to the Council from the Commission in which the work, hours, and
effort involved in compiling this proposed ordinance were
outlined. The Commission (in the letter) recommended the pro-
posed Zoning Ordinance "be passed and affirmed by way of public
hearing. This action is urgent and should be acted on at the
December 4, 1984 meeting ".
Councilman McSwain moved that this item not be put into com-
mittee. That the Council take this opportunity tonight to adopt
the new Zoning Ordinance and not only adopt the new Zoning
Ordinance, but that the Council commend the Planning & Zoning
Commission members, past and present, as well as the city staff
members that have participated in the preparation and planning of
this proposed ordinance. I think we should do it. They have
worked on it for 31/2 Years and I think that is long enough.
Councilman Brede seconded the motion.
COUNCIL DISCUSSION:
Councilman Larry Hammett: He felt he would certainly sup-
port this new ordinance, but would like to see the Council
have a public hearing or something on it. He certainly had
not had time to research the entire document.
Mayor Pro Tem Swindle: Now that we have the proposed Zoning
Ordinance in our possession, now would be the most opportune
time to set another committee to go over this and meet with
the builders, the realtors, and the people that are going to
be the most widely effected by it. Let them tell us their
grievances regarding this proposed ordinance.
Charles Castleberry: The Commission has had a lot of input
on this. There are some parts of it that are not going to
City Council Minutes
12/04/84
Page 2 of 8
satisfy everyone, but the Council has an obligation to the
public to make sure that what is enacted is for the safety
and welfare of people that may not be able to vocally
express their opinion. The only thing the Commission is
asking is for the Council to set this for a public hearing
and let the public hearing determine what direction it
takes.
Mayor Pro Tem Swindle commented that the last time the R -3
zoning classification was discussed there were several pro-
perty owners and builders that were deeply concerned with
what was going to happen to their R -2 property now.
Mayor Pro Tem Swindle called for question on the above
motion. The motion did not carry by the following vote:
AYES: Councilman McSwain
NOES: Councilmen Gordon, Hammett, Brede, Reynolds, and
Tatum.
ABSTAINED: None
Mayor Pro Tem Swindle appointed the following councilmen as
a committee to study this proposed new Zoning Ordinance:
Larry Hammett
Larry Tatum
Ray Reynolds
Mayor Pro Tem Swindle directed the committee to send notices
to the builders and put a notice in the paper that you are
going to have a meeting. You might want to have one meeting
before you have a public committee meeting and go over this
ordinance and see the areas that you think might cause con-
cern and report back to the Council.
Charles Castleberry: The Commission does not take into con-
sideration any special interest groups. The Commission is
working for all the citizens of the city not any special
interest group. He said the R -3 zoning classification is in
the ordinance for a purpose and the Commission is prepared
to "blanket zone" R -3 to any criteria for that
classification.
Helen Martin, Vice Chairperson of the P & Z Commission,
addressed the Council asking the Council to consider having
a special meeting for this public hearing only with no other
agenda items where they could hear everyone. Everybody in
Stephenville should be involved. Not only is the R -3
classification important, but the sign ordinance is quite
important and the Commission feels this is a real move for-
ward for the City of Stephenville and, of course, it affects
everybody. The Commission feels that everybody should have
input and not people picked for a special committee hearing.
Mayor Pro Tem Swindle turns the Chair over to Mayor Clayton.
Mayor Clayton with the consent of the Council set Tuesday,
January 22, 1985 at 6:30 p.m. in Council Chambers at City
Hall, 354 N. Belknap Street, as the date, time, and place
for a public hearing to consider adoption of the proposed
zoning ordinance with copies of the proposed ordinance
available upon request.
ITEM III: PUBLIC HEARING TO CONSIDER AMENDMENT TO CITY
Dr. Jim Magill presented the P & Z Commission Committee's
recommendations for the classification of mini - warehouses as
follows:
City Council Minutes
12/04/84
Page 3 of 8
1. Classifications for mini - warehouses be in B -1, B -2, and
Industrial.
2. The number of units to be determined by the size of the
lot.
3. The setbacks:
a. Twenty feet (201) from the front.
b. Five feet (51), if the buildings face inward from
the side boundaries.
c. Twenty -five feet (251), if the buildings face the
perimeter.
4. All driving and loading areas must be a sealed surface
paving.
Mayor Clayton opened the floor for a public hearing to con-
sider the above classification of mini - warehouses.
THOSE IN FAVOR: None
THOSE OPPOSED: None
Vince Daddio addressed the Council stating that he was
neither for or against the proposed zoning classification
for mini - warehouses. He said he did have a question
regarding the "sealed surface" paving. The paving could be
a problem for the builder because of the cost of paving such
a large area. A good compactable gravel base might be more
feasible than a "sealed surface paving" in some instances.
There being no one else present wishing to comment on this
issue, Mayor Clayton closed the public hearing.
Councilman Reynolds moved that mini - warehouses be classified
in B -1, B -2, and Industrial zoning districts with the following
provisions:
1. The number of units to be determined by the size of the
lot.
2. The setbacks be:
a. Twenty feet (201) from the front.
b. Five feet (51) if the buildings face inward from the
side boundaries.
c. Twenty -five feet (251) if the buildings face the
perimeter.
3. All driving and loading areas must be a sealed surface
paving.
Councilman Gordon seconded the motion. The motion carried by the
following vote:
AYES: All members present voted aye.
NOES: None
ITEM IV
VER OF UTILITY ]
_Marty Wrinkle, representing the Byron Street property
owners, passed out packets containing information and questions
he and his neighbors had compiled regarding the pro rata charge
($6.91 per front foot plus tap fees and street restoration) each
resident on Byron Street is required to pay if they want use of
city water.
City Council Minutes
12/04/84
Page 4 of 8
Mr. Wrinkle, on behalf of the property owners on Byron
Street, said (in part) that it is their belief that since they
have been paying taxes for the past nine years as they feel their
taxes have included construction of the water line in this area.
Jerry Caldwell, Bobby Arrington , and J. O. Bachus addressed
the Council objecting to this utility pro rata charge on Byron
Street.
After a very lengthy discussion, Mayor Clayton appointed the
following councilmembers as a committee to answer the questions
included in the packet from Mr. Wrinkle:
Larry Tatum
Ray Reynolds
Bill Brede
REPORT FROM
Marla Craft, representing the Stephenville Antiquities
Committee, addressed the Council and passed out a "sample ordi-
nance" designating the original 20 block survey of Stephenville
as a district of historical significance and that any future
alteration thereto be governed by this ordinance. Ms. Craft said
they were asking that the Council appoint a committee of three
members to meet with them to further study this ordinance and
further promote this project.
Mayor Clayton appointed the following councilmembers to
study this sample ordinance presented by Ms. Craft and, if they
think it feasible, to contact her and set up a time to meet with
the Committee:
Jim McSwain
Floyd Gordon
Charles Riggins
Ms. Craft said she would also like to offer a suggestion con-
cerning the downtown parking meters which had worked very well in
Granbury. This was that the employers actually purchased a
parking space from the city on a city lot for each employee. It
was her understanding that this worked very well as the employees
had designated parking spaces. This would also return some reve-
nue to the city because the city has some very nice parking lots.
This would get the parking meters off the streets.
Mayor Clayton asked the Traffic Study Committee to look into
the parking meter problem and see what recommendations they think
would be feasible.
ITEM VI: HEAR REQUEST FOR VARIANCE FROM THE SUBDIVISION
ORDINANCE FOR RIDGEVIEW ESTATES SUBDIVISION BY
MR. VINCE DADDIO.
Councilman Reynolds advised he would abstain from discussion
or voting on this issue due to a conflict of interest.
Councilman Hammett commented that he had been on the
Committee that met on this before. Mr. Daddio was not far enough
along with the subdivision for the Committee to feel they could
grant the variances when requested. This has been done before
with Kenneth Currier and it was not a problem for the City, but
he would like to hear what Danny Johnson has to say about it.
City Council Minutes
12/04/84
Page 5 of 8
Danny Johnson, Director of Public Works, addressed the
Council stating that he had no objections to the variance as long
as all the other subdivision requirements are met with the excep-
tion of the surface paving. That is curb and gutter, all utili-
ties in place, everything with the exception of the surface paving.
Councilman McSwain moved to grant the variance requested by
Vince Daddio for building permits to be issued in the Ridgeview
Estates Subdivision before the paving of the streets is complete.
Councilman Hammett seconded the motion. The motion carried by
the following vote:
AYES: Councilmen Gordon, Hammett, Brede,- Swindle, McSwain,
and Tatum.
NOES: None
ABSTAINED: Councilman Reynolds.
ITEM VII: CONSIDER RESOLUTION CREATING AN AIRPORT FUND
AS PART OF THE CITY BUDGET TO FULFILL GRANT
REQUIREMENT TO TEXAS AERONAUTICS COMMISSION.
City Administrator Kurt Ackermann explained this is part of
the grant agreement with the Texas Aeronautics Commission. They
are asking the City to agree not to transfer any funds from the
Airport Fund to the General Fund.
Councilman Swindle moved passage of a Resolution
establishing an Airport Fund as required by the Texas Aeronautics
Commission. Councilman Tatum seconded the motion. The motion
carried by the following vote:
AYES: All members present voted aye.
NOES: None
ITEM VIII: CONSIDER BIDS FOR AIRPORT IMPROVEMENTS.
City Administrator Kurt Ackermanm presented the following
bids for the Airport Improvement Project:
1. Cox Paving Co.
Blanco, Texas
- -- $232,015.00
2. West Texas Construction--------- - - - - -- $175,760.00
Abilene, Texas
3. Downing Bros -------------------------- $183,196.00
Waco, Texas
4. Don McCoy ----------------------------- $187,425.00
Stephenville, Texas
Councilman Reynolds moved acceptance of the low bid of
$175,760.00 from West Texas Construction Co. from Abilene, Texas.
Councilman Hammett seconded the motion. The motion carried by
the following vote:
AYES: All members present voted aye.
NOES: None
IX: CONSIDER
TIONS FROM TRAFFI
L441
Councilman Swindle, chairman of the Traffic Study Committee,
reported the committee had the following recommendations for
parking restrictions around Tarleton State University and FM 988:
City Council Minutes
12/04/84
Page 6 of 8
1. No parking on McIlhaney to Tarleton on the west side of
the street between the hours of 8:00 a.m. and 3:00 p.m.
Monday thru Friday.
2. "No Parking Here to Corner" signs be installed at
various intersections around TSU as permitted by
statute.
3. Current "No Parking" zones to be vigorously enforced.
4. Council consider placing some "NO Parking" zones on NW
Loop around Rangler's store.
Helen Martin addressed the Council regarding the apartments
on the corner of Jones and Neblett. The parking spaces come
right out to the curb which creates sight restrictions when
driving south on Neblett and try to cross into Jones Street.
Part of the problem is they have not left any sidewalk area. The
parking lot comes right out to the curb.
After lengthy discussion, Councilman Swindle moved that the
City Attorney draft an ordinance designating "NO Parking Here To
Corner" on Vanderbilt and Lillian. An ordinance for "No Parking"
on McIlhaney from Vanderbilt to Tarleton on west side of street
between the hours of 8:00 a.m. to 3:00 p.m. Monday thru Friday.
An ordinance for "No Parking" on the NW Loop on the south side of
the road from Dale Avenue to Charlotte St. Councilman Gordon
seconded the motion.
Councilman Swindle amended the above motion designating "No
Parking Here to Corner" to include Neblett and Vanderbilt, Cain
and Vanderbilt, McIlhaney and Vanderbilt, and 011ie and
Vanderbilt. Councilman Gordon seconded the amendment to the
motion. The motion carried by the following vote:
AYES: All members present voted aye.
NOES: None
ITEM X: CONSIDER APPOINTMENTS TO THE FOLLOWING BOARDS:
1. Planning & Zoning Commission - Appointment deferred
until the January 8, 1985 Council meeting.
2. Building Board
3. Electrical Board
4. Plumbing Board - Appointment deferred until the January
8, 1985 Council meeting.
BUILDING BOARD - ONE -YEAR TERM
Mayor Clayton, with the consent of the Council, appointed
the following persons as the Building Board of the City of
Stephenville for one year:
David Jaquess
Seth Moore
Eddie Caudle
James Young
Fred Parker
ELECTRICAL BOARD - ONE YEAR TERM
City Council Minutes Page 7 of 8
12/04/84
Mayor Clayton, with the consent of the Council, appointed
the following persons as the Electrical Board of the City of
Stephenville for one year:
Ken Harris
David Bragg
Johnnie Davis
Richard Alderfer
Kenneth Howell
ITEM XI: CONSIDER FOR AWARD THE FOLLOWING BID ITEMS:
1. Bid #2268A: Replacement carpet, drapes, blinds, in city offices:
a. The Brass Door ---------------------- $7,328.17
b. Interior Trends --------------------- $6,681.74
It was the consensus of the Council that by asking for
all items in one bid some local people were excluded
from bidding on the carpet and might get better bids to
put the items out for bids individually.
Councilman Swindle moved to reject all bids and invite
bids on individual items (carpet, drapes, and blinds).
Councilman Brede- seconded the motion. The motion
carried by the following vote:
AYES: All members present voted aye.
NOES: None
2. Bid #2269A: Exception Item Decoder - Customer Service:
a. Burroughs Corp .--------------- - - - - -- $2,750.00
Less Trade- In--- - - - - -$ 200.00
$2,550.00
Councilman Reynolds moved acceptance of only bid of
$2,550.00 from Burroughs Corp. Councilman Swindle
seconded the motion. The motion carried by the
following vote:
AYES: All members present voted aye.
NOES: None
3. Bid #2279: Office Supplies:
a. Patterson Office Supply ------------- $2,041.89
b. Bennett Office Supply --------------- $2,157.53
Councilman Swindle moved acceptance of the low bid of
$2,041.89 from Patterson Office Supply. Councilman
Hammett seconded the motion. The motion carried by the
following vote:
AYES: All members present voted aye.
NOES: None
4. Bid #2280: Two Patrol Cars - Police Department:
a. Bruner Chevrolet Co ----------------- $22,698.00
Alternate bid -- Plymouth------- - - - - -- $22,742.10
b. Wayne Blue Ford Co.----------- - - - - -- $23,229.24
Councilman Gordon moved acceptance of the low bid of
$22,742.10 for two Plymouth patrol cars from Bruner
City Council Minutes
12/04/84
Page 8 of 8
Chevrolet Co. Councilman Hammett seconded the motion.
The motion carried by the following vote:
AYES: Councilmen Gordon, Hammett, Brede, Swindle, McSwain,
and Reynolds.
NOES: None
ABSTAINED: Councilman Larry Tatum due to conflict of
interest.
5. Bid #2281: Two Speed Radar Systems - Police Department:
a. Decatur Radar Co.------------- - - - - -- $5,990.00
Councilman Gordon moved acceptance of the only bid
received of $5,990.00 from Decatur Radar Co. Councilman
Brede seconded the motion. The motion carried by the
following vote:
AYES: All members present voted aye.
NOES: None
6. Bid #2270A: Copier - Library
a. Patterson Office Supply ------------- $2,129.00
Less Trade-In ---------- $ 100.00
$2,029.00
b. Stevens Office Supply --------------- $2,190.00
Less Trade-In ---------- $ 50.00
$2,140.00
Councilman Swindle moved acceptance of the low bid of
$2,029.00 from Patterson Office Supply Co. Councilman
Tatum 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 meeting and called the
Council into Executive Session as provided in the Open Meetings
Law, Article 6252 -17, V.T.C.S., Section 2(e), for the purpose of
discussing contemplated litigation.
The Council discussed the lack of compliance on behalf of
the University Apartments (Fred Placke) with city building and
zoning ordinances.
Mayor Clayton reconvened the Council in open meeting.
No action was taken on the matter discussed in executive
session.
There being no other business to come before the Council,
Mayor Clayton adjourned the meeting at 9:55 p.m.
ATTEST: D�G�
David Clayton, or May
B�b�d
ty CA Zecretary
RESOLUTION
A RESOLUTION ESTABLISHING AN AIRPORT FUND AS REQUIRED BY
TEXAS AERONAUTICS COMMISSION:
WHEREAS, the City Council of the City of Stephenville, Texas
has entered into a grant agreement with the Texas Aeronautics
Commission for improvements at Stephenville Municipal Airport,
and
WHEREAS, said grant agreement requires the City Council of
the City of Stephenville, Texas to establish an Airport Fund;
now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
STEPHENVILLE, TEXAS:
SECTION 1: That an Airport Fund is hereby created; such fund
shall be separate and apart from the General Fund.
SECTION 2: That all fees, charges, rents, and money from any
source derived from airport operations must be deposited in
the Airport Fund, and shall not be diverted to the General
Revenue Fund or any other fund of the City of Stephenville.
SECTION 3: This resolution shall take effect immediately from
and after its passage.
APPROVED AND ADOPTED this 4th day of December, 1984.
Mayor, David C ayton
AT-TEST:
Pt ecretary
APPROVED:
Joseph A. Chandler
City Attorney