HomeMy WebLinkAbout1983-11-01 - Regular City Council309
MINUTES OF THE CITY COUNCIL
OF THE
CITY OF STEPHENV.ILLE, TEXAS, HELD ON
TUESDAY, NOVEMBER 1, 1983 - 7:00 P. M.
;The regular meeting of the City of Stephenville was called to
order by the Mayor Pro Tem with the following members present:
Mayor Pro Tem John E. Pollan
Councilman Floyd Gordon
Councilman G. A. Swindle
Councilman Ray Reynolds
Councilman James L. McSwain
and with the following members absent: Mayor Joe F. Cummings,
Councilmen Charles Riggins, William G. Brede, and David Clayton.
City Administrator Kurt J. Ackermann, City
Pemberton, Director of Finance Charlene Young,
Doug Conner, Fire Chief Larry May, Director of
Johnson, Director of Parks & Recreation Ronnie
Supt.,Clinton Hicks, Betty Chew, members of th
others were present.
ITEM I: CONSIDER APPROVAL OF MI
Secretary Joyce
Chief of Police
Utilities Danny
Isham, Street
press and many
Councilman Swindle moved that the minutes of the
meetings held on September 15, 1983, October 4, 1983,
13, 1983 be approved as written. Councilman McSwain
motion. The motion carried by the following vote:
AYES: All members present voted aye.
NOES: None
PUBLIC HEARING TO CONSIDER RE
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City Council
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seconded the
ION
Mayor Pro Tem Pollan opened the floor for a public hearing
by asking those in favor of the rezoning to come forward to
address the Council.
Mr. Jim Parker, one of the co- owners of the property in
question, addressed the Council stating that the location of the
property which is the triangle shaped tract of vacant land adja-
cent to the River North Phase II Subdivision and immediately to
the west of the Stephenville Medical and Surgical Clinic, and
being a part of the Paul Howell property, was a prime location
for housing and development. He said they planned a development
that would be an asset to the City of Stephenville.
Mr. .Roger Beam, 2220 Lingleville Road, addressed the Council
opposing said rezoning. Mr. Beam said he agreed this property
needs to be developed, but that would put apartments on one side
and the Rock House on the other side of his property which he
felt would decrease the value of his property. He said the pro-
perty values in that area are declining rapidly.
Mrs. Helen Martin, Vice Chairperson of the Planning & Zoning
Commission, addressed the Council reporting that the Commission
had voted 3 to 2 in favor of the rezoning.
Mr. P. O. DeWall, developer of the propety, addressed the
Council stating that they have engaged Mr. James Young to
engineer the development and it will be built to city standards.
The development will fit into the condominimum concept, but he
does not know how many units until they get further into the
3J0
planning stages. He said the property is under contract at this
time.
There being no one else wishing to address the Council on
this,matter, Mayor Pro Tem Pollan closed the public hearing.
Councilman McSwain expressed his concern about the increase
of traffic on the Lingleville Road
Mayor Pro Tem Pollan explained that the Council could not
take any action at this time as the ordinance requires a three
fourths (3/4) vote of the Council for a zoning change. He said a
special meeting would be set for this item.
ITEM III: CONSIDER RECOMMENDATIONS FROM P & Z COMMISSION
AS FOLLOWS:
A. Councilman McSwain moved that Dr. W. 0. "Bill" Trogdon be
appointed as a member of the Planning & Zoning
Commission, to fill Place 3 vacated by the resignation of
Gene Daley as recommended by the Planning & Zoning
Commission. Councilman Reynolds seconded the motion.
The motion carried by the following vote:
AYES: All members present voted aye.
NOES: None
B. Negative recommendation on request by Dorothy Watkins to
rezone, from R -2 to B -1, Lot 3D, Block 40, Park Place
Addition, being located at 1940 W. Sloan Street.
Mayor Pro Tem Pollan tabled this item until the special
meeting as this also needs a three - fourths (3/4) vote of
the Council.
C. Hear report regarding public hearing for proposed R -3
zoning district.
Mrs. Helen Martin, Vice Chairperson of the P & Z
Commission, addressed the Council reporting that the
Commission had held a public hearing on the proposed R -3
zoning district and had only one person, Vince Daddio, to
comment on it. Mrs. Martin said the Commission felt that
the R -3 district was needed because apartments are just
"popping" up in residential areas and encroaching on the
residential areas. She said they realized apartments
were needed in college area, but the home owners also
need to be protected.
Mayor Pro Tem Pollan appointed the following Councilmen
as a committee to work with the P & Z Commission to work
out the areas where the R -3 zoning could be:
G. A. "Pinkie" Swindle, chairman
Floyd Gordon
James McSwaia
�.,
This item was tabled until the special meeting due to the
absence of Mr. Patterson.
COMMUNICATIONS, INC.
Mr. Rick Thompson advised the Council that Warner Amex has
agreed in principal and in fact has signed a purchase contract to
sell its smaller systems in Texas. Ten of these systems,
including Stephenville, will be going to Northland
Communications, Inc. They will, hopefully, be acquiring
possession of the system the first part of 1984 and when that
transaction happens, Northland has already agreed to accept all
of the franchise requirements that Warner Amex had agreed to in
the new franchise. At that point, about the first of the year,
Northland will be proceeding with the rebuild.
Mayor Pro Tem Pollan explained that all that is being asked
for at this meeting is presentation from the individuals who are
proposing to purchase the Warner Amex franchise as far as this
area is concerned as required by the franchise. This will go
back to committee and there will not be a vote at this time.
Mr. David Kinley, Executive Vice - President of Northland
Communications, Inc., addressed the Council advising them that
Northland Communications, Inc. has agreed to fu.11fill all obliga-
tions that are imposed by the ordinance itself including the
rebuild within 18 months as Warner;Amex had agreed, effective
October 6, 1983.
Mayor Pro Tem Pollan asked the committee that had worked
with Warner Amex on the new franchise to work with Northland
Communications on this matter. The committee is as follows:
William G. Brede, Chairman
G. A. Swindle
John Pollan
Mayor Pro Tem Pollan asked Mr. Kinley to send an overview of
the company's financial stability.
VI: HEAR
Councilman McSwain reported that the proposed rate gave Lone
Star Gas Co. the opportunity to make about 6% on their invest-
ment. The Railroad Commission allows them to make 8% on their
investments, therefore, the committee felt the 6% was reasonable.
He said the only thing the committee found that they were not in
agreement with was the $4.00 summer and the $6.00 winter rates.
Mr. Beck drew up a straight $5.00 per month user rate which the
committee felt would be advantageous to the consumers on a
limited income. It was the committee's considered opinion that
Lone Star Gas Co. should be allowed to increase their rates as
per schedule, a 2.5% increase.
After discussion, Councilman McSwain moved that Lone Star
Gas Co. be granted the increase of the alternate rates allowing
the $5.00 per month user fee and a 2.5% rate increase.
Councilman Reynolds seconded the motion. The motion carried by
the following vote:
AYES: Councilmen Pollan, Swindle, Reynolds, and McSwain.
NOES: Councilman Gordon.
ITEM VII: CONSIDER COMMITTEE REPORT REGARDING LEASING OF
Councilman McSwain reported that in a previous meeting the
committee had recommended leasing two lots to the C.A.D. at a
rate of $325.00 per month. The Council had requested an
appraisal on the property. Mr. Dee White did an appraisal. The
appraisal was $37,850.00 and assuming that the removal of this
311
3] 2
property from the city's clean -up and maintenance saved the city
money and the Appraisal District put a building on said property,
which eventually the city would take possession of, the com-
mittee feels that the original proposal of #325.00 per month is
reasonable and would, therefore, recommend that the city lease
this property to the Central Appraisal. District of Erath County
for $325.00 per month for one (1) year. The contract to be rene-
gotiated each year.
Councilman McSwain moved that the City lease Lots 1 and 4,
Block 13, City Addition, to the Central Appraisal District of
Erath County for the sum of $325.00 per month for one (1) year
with the City Attorney to draw up the necessary legal documents.
Councilman Reynolds seconded the motion. The motion carried by
the following vote:
AYES: Councilmen McSwain, Reynolds, Gordon, and Pollan.
NOES: Councilman Swindle.
Councilman Swindle asked that the records show that no one
from the Central Appraisal District was present at this meeting.
ITEM VIII: CONSIDER PROPOSAL BY JOHN SKIPPER T(
Mayor Pro Tem Pollan advised that as per council's direction
earlier this year a committee of David Clayton, Dee White, Bill
Oxford, and Kurt Ackermann met to discuss the city's situation
regarding the update of the city's platbook. it was the consen-
sus of the committee to contact John skipper and request a propo-
sal to correct work that had been done on the platbook earlier.
The work would primarily involve restoring legal descriptions
which have been changed.
City Administrator Kurt Ackermann advised that $20,000.00
was included in the present budget for this work.
After some discussion, Councilman Swindle moved that the
proposal from John Skipper to update the city's platbook be
accepted and approved. Councilman Gordon seconded the motion.
The motion carried by the following vote:
AYES: All members present voted aye.
NOES: None
ITEM IX: CONSIDER PROPERTY APPRAISAL OF FOLLOWING
TRACTS LOCATED ON CAREY STREET.
A. All that certain tract of land being 50' x 104' out of
N. Carey Avenue between the southern 104 / of Lot 2,
Block 10, and Lot 1 -c, Block 11, of the Crow Styles
Addtion.
B. All that certain tract of land, being 30' x 150' between
Lots 2 -D and 3 -D, Block 6, Butler Addition.
Mayor Pro Tem Pollan advised that the appraisal had deter-
mined that the value of these properties are in excess of
$1,000.00 each, therefore, will need to be put out for bids.
Mayor Pro Tem Pollan said the policy has been for the city
to order and pay for surveys. The future policy, if and when a
survey is needed, will be as follows:
The individual that becomes the top bidder on the property
surveyed will be required to reimburse the city for the cost of
the survey, in as much, as it becomes a service to that indivi-
dual and not to the city. Providing it meets the legal guideli-
nes, a minimum bid will be $1,200.00 which includes the survey
costs and the property.
Councilman Swindle moved that the above listed properties be
put up for bids with the minimum bid being #1,200.00 each which
will cover the survey and the appraisal. Councilman Reynolds
seconded the motion. The motion carried by the following vote:
AYES: All members present voted aye.
NOES: None
ITEM X: HEAR DISCUSSION FROM DIRECTOR OF PARKS &
RECREATION REGARDING VANDALISM AT CITY PARK.
Director of Parks & Recreation Ronnie Isham addressed the
Council regarding the vandalism at the city park. Mr. Isham said
he figured it was costing the city approximately $1,200 to $2,000
per year in repairs to park property destroyed by vandals. Mr.
Isham said he had two ideas he thought might be of some help.
They are as follows:
1. Close the gate going to the south section of the park at
5:00.p.m. until March 1, 1984. (The tennis courts are accessible
by the bridge).
2. Offer a reward for the arrest and conviction of persons
vandalizing the park property - minimum of $250.00.
After discussion, Councilman McSwain moved that the gate at
the city park going into the south area of the park be closed at
5:00 p.m. until March 1, 1984 and that a reward, minimum of
$250.00, be offered for information leading to the arrest and
conviction of persons vandalizing property at the city park, sub-
ject to the approval of the City Attorney. Councilman Reynolds
seconded the motion. The motion carried by the following vote:
AYES: All members present voted aye.
NOES: None
Mayor Pro 'rem Pollan advised that Mayor Cummings had
requested this item be discussed. He said he felt everyone was
aware of the fact that traffic was becoming so congested in the
downtown area, especially at certain times of the day, that
something was going to have to be done to alleviate some of the
problems.
Mayor Pro Tem-Pollen -- appointed the following councilmen as a
committee to work with City Attorney Chandler to draft an ordi-
nance for council consideration at the next regular meeting:
William G. Brede, chairman
Charles Riggins
David Clayton
3l 3
j.
Councilman McSwain said he had noticed a problem with the
traffic flow when there was any "on street" parking on either
side of the narrow portion of Frey Street. He said he felt the
traffic in said area would at least double when the new school is
completed.
Councilman McSwain proposed that,the City Attorney draft an
ordinance prohibiting parking on Frey Street between Harbin Drive
and Dale Avenue except where one block of houses face Frey Street
which is the southside of Frey Street between Dale Avenue and
Mockingbird Lane.
Mayor Pro Tem Pollan directed Mr. Chandler to draft an ordi-
nance prohibiting "on street" parking as outlined by Mr. McSwain..
Councilman Swindle moved that the City Council authorize bid
invitations for the construction of waterworks improvements on
Highways 281, 377, and Byron Street. Councilman Gordon seconded
the motion. The motion carried by the following vote:
AYES: All members present voted aye.
NOES: None
ITEM XIV: CONSIDER FOR APPROVAL LOGIN SERVICE.
After some discussion, Councilman McSwain moved approval of
the LOGIN service. Councilman Swindle seconded the motion.. The
motion carried by the following vote:
AYES: All members present voted aye.
NOES: None
OF
City Administrator Kurt Ackermann explained that what this
policy amounts to is that anyone wishing to file a complaint
against a city employee would do so in the form of writtn affida-
vit and submit that to the employee's immediate supervisor
whether it be his department head, the City Administrator, or be
referred to the City Council for investigation. It amounts to
asking for written statement from that individual and that state-
ment to be signed and notarized. It will be incumbent upon the
city to fully investigate the allegations and come to some type
of resolution of the issue.
After some discussion, Councilman Swindle moved adoption of
said policy for the handling of complaints against city personnel
as presented, Councilman Gordon seconded the motion. The motion
carried by the following vote:
AYES: All members present voted aye.
NOES: None.
ITEM XVI: CONSIDER AMENDMENT TO 1982-83 BUDGET.
Director of Finance Charlene Young presented the final
amendment to the 1982 -83 budget as follows:
TO: Planning & Inspections Dept ,----- - - - - -- $2,300.00
FROM: Airport Dept --------------------------- $2,300.00
Mrs. Young explained that the Planning & Inspections Department
went over budget due to hiring of a new building inspector before
end of year. Also that this is the only department to go over
budget this year.
Councilman Swindle moved approval of the budget amendment as
presented above. Councilman McSwain seconded the motion. The
motion carried by the following vote:
AYES: All members present voted aye.
NOES: None
Chief of Police Doug Conner explained to the Council that
fines for parking violations were only $1.00 (this is not
including parking meters). Chief Conner said a lot of the viola-
tions are happening around the college. He feels that a lot of
students would rather pay $1.00 per day to park near the campus
than park on the football field parking lot and walk to the cam-
pus. Chief Conner said he would recommend raising the fine to a
minimum of $5.00. The Council discussed and it was the geneeral
consensus that if the fines were not paid within the (10) days
the fine increases to $25.00.
After more discussion, Councilman McSwain moved that the
fines for parking violations be increased from $1.00 to $5.00.
Councilman Reynolds seconded the motion. The motion carried by
the following vote:
AYES: All members present voted aye.
NOES: None
There being no other business to come before the Council,
Mayor Pro Tem Pollan adjourned the meeting at 9:30 p.m.>
M r- Fro Tem John E. Pollan
ATTEST:
Ci y Secretary
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