HomeMy WebLinkAbout1978-06-06 - Regular City CouncilI
REGULAR SESSION - TUESDAY
JUNE 6, 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, June 6, 1978 at 7 :00 p.m. with Mayor Donald R. Jones
present and presiding. Councilmembers Mike Leese, W. M. Irwin, Calvin
McGee, Charles Riggins, Raymond Anderson, E.W. Ferguson, Larry Hammett
and Linda Chew were present. None Absent.
Others attending the meeting were City Administrator Marshall Shelton,
City Attorney Joseph Chandler, Director of Public Works R. Y. Gann, Tax
Assessor Collector Robert Groves, Chief of Police Mike Watkins, Director
of Utilities Danny Johnson, Water Superintendent J. D. Chapman, Director
of Parks & Recreation Ronnie Isham, Fire Marshall Kenneth Haley and City
Secretary Joyce Pemberton.
Also attending were Mrs. Kay Walton, Dr. Vance Terrell, Dr. Robert
Walker, Mrs. Connie Birdsong, Mrs. Joyce Whitis, Mrs. LaVerne Herrington,
Mr. Ira Decker, Mr. T. C. Pemberton, Mr. & Mrs. Jack Heath, Mrs. Mamie
Carpenter, Mr. Jerry Singleton and many others.
Mayor Jones called the meeting to order.
ITEM 1: APPROVAL OF MINUTES - #1
Mayor Jones pointed out that in the minutes of the May 24th meeting
they referred to the "furnishing of a title policy to Mrs. Whiteley ".
This should be corrected to read "The city will furnish a title policy
but the policy will be to the City of Stephenville."
Councilman Irwin moved, seconded by Councilman McGee, that the
minutes of the meetings of May 2nd, May 17th and May 24th be approved as
written with the above mentioned correction. Motion carried unanimously.
ITEM 2: SALE OF PORTION OF MORNINGSIDE DR.
TO IRA DECKER FOR 500. - #150
The Council considered the request of Mr. Ira Decker to purchase a
portion of Morningside Drive.
Mr. Decker explained that he owned the adjacent property on both sides
and that there were no utilities in this area and this portion of street
does not join to Highway,281. Mr. Decker also explained that he had pur-
chased the adjacent property approximately one month ago and according to
what he had paid for that property (deducting for a building on said pro-
perty) he figured a 51' X 85.3' portion of Morningside Drive would have a
market value of $500.00 which was what he was offering to the city.
After some discussion, Councilman Anderson moved, seconded by Council-
man Hammett, that the City Council find the 51 X 85.3 strip of Morningside
Drive abandoned and not used as a city street and establish a market value
of $500.00 and agree to sell said property to Mr. Decker on that basis.
Motion carried unanimously.
Mayor Jones asked that these minutes reflect that this particular
tract of land would still have a street open from FM 2157 to Highway 281.
All that would be cut off would be the Old Cranbury Road.
ITEM 3: DISCUSSION OF MRS. CARPENTER'S
PROPERTY AT 121 PARK DR. - #170
Mayor Jones explained the background pertaining to Mrs. Mamie Carpenter's
request for a zoning change of property located at 121 Park Drive, City of
Stephenville for the purpose of operating a barber shop (her home). Mayor
Jones advised the Council that the Zoning Board had rejected this request
twice on the basis of the Greenview Addition plat restrictions and the
Zoning Ordinance restrictions. Or rather the Zoning Board.felt they did
not have jurisdiction over the plat restrictions.
Mr. Doug Smithey came before the Council, speaking in behalf of Mrs.
Carpenter, requesting that the Council issue a "Hardship Permit" to Mrs.
Carpenter for the purpose of operating a barber shop in her home. Mr.
Smithey said they were only interested in obtaining a permit to operate
a barber shop at this location. Whether or not the Council changed the
zoning did not matter to them.
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Mayor Jones explained the definition of a nonconforming permit and
a variance as specified in the Zoning Ordinance and said he did not feel
either of these would apply in this case. He said that, other than a _
change of zoning, he did not know what kind of permit could be issued.
It had been the policy of the City never to change the zoning in conflict
with the plat restrictions.
Mayor Jones told Mr. Smithey that, in his opinion, with the position
of the Zoning Board, unless the Council wants to take a position differently,
the only way the Zoning Board would consider it is: 1) There was a waiver
of plat restrictions by all persons entitled to claim or 2) A court
determination that the plat restrictions do not apply as interpreted. In
other words, to restrict it to residential use.
City Attorney Chandler advised that the Council cannot have a motion
in regard to whether or not to grant a zoning change without a recommendation
from the Zoning Board, And the alternative is an appeal to the courts.
There was no further discussion or action.
ITEM 4: DISCUSSION OF DESIGNATION OF BRICK
STREETS AS HISTORICAL LANDMARKS -
rMO T ATMDTTP TSL'DDTAT(`PnNT - 4119
Mrs. Kay Walton and Dr. Vance Terrell came before the Council speaking
in behalf of the preservation of the brick streets of Stephenville as
historical landmarks.
Mayor Jones explained the-background preceding this meeting with
regard to the overpaving of the brick streets and the marker designating
the brick streets as having historical value.
Dr. Robert Walker, Mrs. Joyce Whitis and Mrs. Connie Birdsong also
came before the Council in behalf, of preserving the brick streets.
Mrs. Laverne Herrington with the Texas Antiquity Commission came
before the Council presenting the Antiquity Commision's role in the
brick street landmark designation in Stephenville.
Mrs. Herrington told the Council that they would need to make a
comprehensive plan designating the area and why the specified streets are
important. The comprehensive plan should include the following items:
1. Designate what streets are to be preserved and why.
2. Develop a standard for repairing said streets.
3. Develop the capabilities for the repair of these streets by city
personnel.
4. Identify a means to insure the preservation of said streets.
(city ordinances or whatever enforcement techniques are required.)
5. Develop a traffic circulation plan. (to keep the heavy traffic
off the designated streets).
6. A development of civic programs (by the Chamber of Commerce, by
the Council, by the Public School System and the Historical
Commission) to explain why thesgrstreets designated and what will _
be achieved by said designation.
Mrs. Herrington presented the Council with copies of procedures for
the maintenance of brick streets used by other cities. Also the Antiquity
Commission has consultants who will be available for any maintenance advice
the city personnel might need in regard to repairs and preservation of
said brick streets.
In answer to Mayor. Jones' question, Mrs. Herrington said the state
does not have any responsibility for the maintenance of said streets, just
the jurisdiction and management of them. Also the city would probably have
a blanket permit from the Commission authorizing the city to remove, enter,
alter, etc. in order to correct any problem in regard to the utility lines
in said streets.
Mayor Jones appointed a committee consisting of Councilmen Charles
Riggins, chairman, Cal McGee and Mike Leese and himself to meet with a
similar committee from the Erath County Historical Society to discuss what
streets would be considered for designation and, if that can be agreed upon,
mapping out the plan that Mrs. Herrington has outlined. Also to work out
the permit problems in the event there is a water line break under the
designated streets.
City Attorney Chandler came before the Council voicing his opposition
to the landmark designation of all brick streets in the city. Mr. Chandler
pointed out that when the bricks were laid black topping was put on them
and until the black topping wore off all the brick streets were black topped. _
Mrs. Herrington requested a statement from the Mayor to go on record
with the Texas Antiquity Commission. --
SMM
ULM
Mayor Jones gave the following statement:
"The Council does not have objections to designating or'haveing designated
certain brick streets in the City of Stephenville. That they would like the
opportunity to study, in conjunction with the Erath County Historical
Society, and a committee of the Council, which streets should be so
designated and that any designation by the Antiquities Commission be
on the basis of a recommendation of the people of Stephenville. Said
committee to report back to the Council at the next regular council meeting
on July 11th, 1978 ".
Mayor Jones also commented that he felt that those streets most hea-
vily traveled, such as Washington Street, Frey Street and Tarleton Street
should not be so designated. That other persons that pay taxes also
deserve some consideration in addition to the historical value of the
streets and he would want the committee to evaluate the streets on that
basis and come back and make designations where both purposes can be ac-
complished and that is providing smooth thoroughfares and safe thoroughfares
for the high density traffic areas and preservation in areas where they
might not have that problem and where the people along that street have no
objections to brick streets.
Councilman Irwin asked that the committee take into consideration the
cost of maintaining the designated brick streets.
ITEM 5: TAX ASSESSMENT RATIO ADJUSTED
TO 100°0 - Tk 00
Tax Assessor Collector Robert Groves presented a proposal of ad-
justing the tax assessment ratio from 33 1/3% to either 50% or 100 %. Mr.
Groves pointed out that this would not be a tax increase.
Mr. Goves also proposed hiring an outside appraising firm for a com-
plete reappraisal of the entire city for the 1979 tax roll. Mr. Groves
said he had found it to be almost impossible for him (with his present
personnel) to do the re- evaluation program himself as had been authorized.
After considerable discussion, Councilman McGee moved, seconded by
Councilman Hammett, that the tax assessment ratio be set at 100% of market
value. Motion carried unanimously.
Mayor asked Mr. Groves to meet with Mr. Shelton, Mr. Bachus and
Mr. Gilbert and prepare recommendations for hiring an out of town firm
to do a complete reappraisal of all taxable property in the city and
whether or not it should be on a bid basis. Also to prepare alternative
recommendations of how the - reappraisal could be accomplished if an out of
town firm was not hired. Also present some sort of report in regard to
working some kind of program out with the School Tax Office on property
within the corporate city limits. Report back to the Council in either
the July or August meeting.
Mr. Jack Heath came before the Council voicing his concern that the
Council had increased the assessment ratio to 100% of market value without,
inshis_:opinion, apparent justification. Mr. Heath said his main concern
was that the Council had to notify the people of the change in the assessed
value, but did not have to notify them of a change in the tax rate. Mr.
Heath pointed out that the maximum tax rate the Council could set was $2.50
per $100.00 assessed value and, if the Council decided to set $2.50 as the
tax rate, there was considerable difference in 33 1/3% of the assessed value
and 100% assessed value.
Mayor Jones replied that the assessment ratio had been discussed
several times in previous meetings and that the tax rate was approved in
conjunction with the budget at which time there is a public hearing and
anyone attending the public hearing would be given an opportunity to speak.
There was no further discussion or action.
ITEM 6: PRESENTATION OF PLAN TO
Director of Parks & Recreation Ronnie Isham presented a plan to
utilize "The Cave" which is the game room in Tarleton Center, in conjunction
with the summer parks & recreation programs. This plan would be for 9
weeks and the hours of use would be 6:00 to 10:00 with dances on four
Friday nights 6:00 p.m. to 12.
Tarleton's charges to the city would be.$5.00 /hr for utilities,
$3.60 /hr for cleanup and $2.90 /hr for director. This would total 188
hours of use for $2,162.00. Mr. Shelton said this money could be ap-
propriated from the General Fund as it was not a budgeted item.
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Mr. Isham and the Council were in agreement that this would give some
indication as to the need for a Youth Center.
After considerable discussion, Councilman Anderson moved, seconded
by Councilman Riggins, that The Cave be utilized as a youth center for
four weeks and an evaluation be made at the July 11th council meeting.
Motion carried unanimously.
ITEM 7: PUBLIC HEARING FOR REZONING - #10
Mayor Jones opened the floor for a public hearing to consider the
rezoning from R -1 to B -1 of the following property:
1. Lot 13, Block 155, City Addition. (Dr. Raley's Property)
2. Lot 4C, Block 40, Park Place Addition -- And Lots 14, 15 and
west 32' of Lots 13 and 16, Block E -39; Groesbeck & McClelland
Addition. (All lots on east side of Harbin Dr. from W. Washington
to Sloan St. that were not already zoned B -1).
There being no comments from the floor in regard to said rezoning,
Mayor Jones closed the public hearing.
The Mayor and Council discussed the rezoning of Lot 13, Block 155,
City Addition (Dr. Raley's property at the intersection of Dale Avenue
and the Northwest Loop - FM 988).
During discussion, Mayor Jones said that he had some concern about
rezoning this property to B -1 as there was no adjacent B -1 property nor
was there a buffer zone between R -1 zoned property and this to be zoned
B -1. He said.that, in his opinion, this would be spot zoning or strip
zoning which he was not in favor of doing.
Mrs. Virginia Dorris, a member of the Zoning Board, came before the
Council and explained the previous actions taken by the Zoning Board.
Also the present recommendations of the Zoning Board to rezone this pro-
perty to B -1.
After much discussion, Councilman Riggins moved, seconded by Council-
man Hammett, that the City Council reject the recommendation of the Zoning
Board to rezone Lot 13, Block 155, City Addition, to B -1 and this property
is to remain as an R -1 district. Motion carried unanimously.
Councilman McGee moved, seconded by Councilman Irwin, to approve the
recommendation of the Zoning Board to rezone from R -1 to B -1 Lot 4C,
Block 40, Park Place Addition and Lots 14, 15 and west 32' of Lots 13
and 16, Block E -39, Groesbeck & McClelland Addition. Motion carried
unanimously.
ITEM 8: PUBLIC HEARING
POWER &
- Mr. Jerry Singleton, local manager of Texas Power & Light Company,
made the presentation to the Council for a rate increase. In his pre-
sentation, he told the Council that in January, 1978, Texas Power & Light
had requested an 18.4% rate increase ($118 million). In May 1978, the
Public Utility Commission had granted them a 6.8% rate increase ($41 million).
Texas Power & Light Company has elected to accept this order and Mr. Singleton
asked that the Council approve the 6.8% increase to be effective with the
June 26th meter readings. `A
Mr. Bobby Lane spoke to the Council opposing any rate increase for
Texas Power & Light Company.
Councilman Irwin, reporting for the Committee appointed to study this
request for a rate increase, advised the Council that the committee had
met several times with Mr. Singleton and had arrived at three choices
they could make:
1. Take no action - -The rate would automatically go into effect.
2. Adopt the order of the Public Utility Commission of 6.8% increase.
3. Adopt the citizens consultant's recommended increase of 5.4 %.
Mr. Irwin said that, if the Council does not accept the Public Utility
Commission's order of a 6.8% increase, the citizens of Stephenville will
have to pay the cost of the appeal to the courts and there is no reason
to think the courts will overrule the decision of the Public Utility
Commission and the committee recommends accepting the 6.8% increase.
After some discussion, Councilman Irwin moved, seconded by Council-
] man McGee, to pass the ordinance approving the rate schedule to be charged
by Texas Power & Light Company as filed in their Tariffs and Service Re-
M197ations and that be effective for consumption from and after June 26,
8. Motion carried unanimously.
ORDINANCE
AN ORDINANCE APPROVING RATE SCHEDULES TO BE CHARGED BY TEXAS
POWER & LIGHT COMPANY IN THE CITY OF STEPHENVILLE, TEXAS AP-
PROVING SERVICE REGULATIONS FILED BY TEXAS POWER & LIGHT CO.,
PROVIDING FOR AN EFFECTIVE DATE FOR SUCH RATE SCHEDULES, AND
PROVIDING CONDITIONS UNDER WHICH SUCH RATE MAY BE CHARGED,
MODIFIED, AMENDED OR WITHDRAWN.
ITEM 9: ACCEPTANCE OF TANGLEWOOD WEST
SUBDIVISION - #85Z
Director of Public Works R. Y. Gann came before the Council with
the recommendation of acceptance of the Tanglewood West Subdivision.
Councilman Irwin moved, seconded by Councilman Leese, that the
City of Stephenville accept the "AS BUILT PLANS" of the entire Tanglewood
West Subdivision and that the Tanglewood West Subdivision be accepted into
the City of Stephenville and the city will assume the maintenance of the
streets, utilities, etc. as set forth in the Subdivision Ordinance as
recommended by Mr. Gann. Motion carried unanimously.
ITEM 10: DISCUSSION OF THE WATER WORKS
IMPROVEMENT PROGRAM - #876
Mr. Gann presented a final report on the Water Works Improvement
Program. In his report, Mr. Gann said that for the test drilling and
- exploratory work to locate anew water well field, 3 water supply wells
with pumps and controls, well collector lines, pump station and storage
tank, transmission lines, distribution lines, engineering fees and legal
fees, the total estimated cost was $1,715,000 and the actual cost was
$1,431,743.21, a difference of $283,256.79.
The Mayor and Council praised Mr. Gann for a job well done. Council-
man Hammett commented that this is the second project Mr. Gann has completed
which saved the city thousands of dollars. He said he thought the city was
very lucky to have a man of Mr. Gann's caliber on the payroll.
Mr. Shelton advised the Council that only $1,485,000 had acutally been
appropriated which left a balance of $53,257.00 actual money left.
Mr. Gann also presented a proposal of 12 projects of water line ex-
tensions that are badly needed to bring the water distribution up to A -1
condition and give much better water service to the citizens of Stephenville.
According to Mr. Gann's estimates, the 12 projects would be a total of
10,250 linear feet of 6" pipe, 1,400 linear feet of 8" pipe and 3,900
linear feet of 12" pipe. The total cost of said projects, including pipe,
valves, fittings and highway bores would be $196,040.00.
Mayor Jones asked the Council to take this proposal, study it and decide
whether or not to do the entire proposal or select some and by what priorty.
Mayor Jones asked that the Council be ready to make a decision in either
the July or August meeting. No further action was taken.
ITEM 11: RESOLTUION APPROVING INSTALLATION
Councilman Irwin moved, seconded by Councilman Riggins, to pass and
adopt a Resolution approving the installation of a traffic signal light
at the intersection of North Graham Street and the Lingleville Road and
agree to conform to the contract with Texas Department of Highways and
Public Transportation. Motion carried unanimously.
Councilman Irwin moved, seconded by Councilman Ferguson, that the
Mayor be authorized to sign a letter of agreement with the Texas Depart -
ment of Highways and Public Transportation approving the installation of
passive warning devices at public grade railroad crossings in this district
not on the state highway system. Motion carried unanimously.
ITEM 12: APPOINTMENT OF AUDITORS
FOR 1977- 97
Councilman Riggins moved,
and Lansford Accounting Firm be
year 1977 -1978. Motion carried
seconded by Councilman McGee, that Cheatham
reappointed as the city auditors for the
unanimously.
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ITEM 13: REOUEST OF R. B. LINDLEY TO PURCHASE
Mayor Jones advised the Council of Mr.R. B. Lindley's request to
purchase a portion of Winters Street which is a strip 40' X 232.6' off
the Glen Rose Highway. He said there was some question as to whether
the city owns this or not. That it is included in a deed.
City Attorney Chandler advised that the deed is conflicting, however,
this property runs ito a tract of land that might serve. The city would
not want to declare it abandoned and sell it if it can serve some other
property.
After some discussion, Councilman Irwin moved, seconded by Council-
man Leese, that Winters Street not be sold to Mr. R. B. Lindley. Motion
carried unanimously.
There being no other business to come before the Council, the meeting
adjourned at 10:30 p.m.
�J pzc..c
Mayor
WMIM
ORDINANCE DECLARING A PORTION OF MORNINGSIDE DRIVE CONTAINING 0.105 ACRES AND
SITUATED ADJACENT TO LOTS 23 AND 39 OF BLOCK 76 OF THE CITY OF STEPHENVILLE AS SHOWN
ON PAGE 913 OF KING'S 1956 MAP OF STEPHENVILLE TO HAVE BEEN ABANDONED AS A STREET,
ORDERING THE SAME VACATED AND CLOSED, FINDING THE VALUE OF SAID LAND, AND AUTHORIZ-
ING THE CONVEYANCE OF SAME TO IRA J. DECKER UPON THE PAYMENT OF THE AMOUNT FOUND TO
BE THE VALUE OF THIS LAND.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE:
Section One
That portion of Morningside Drive described as follows:
0.105 acres, being a part of Morningside Drive, within Block 76, City of Stephen-
ville, Texas, and described as follows:
BEGINNING at an iron rod set at the SEC of Lot 23, Block 76, City
of Stephenville, Texas, in westerly right of way of Lower Granbury
Road, for the NEC of this tract;
THENCE S 30° 47' E', with west line of Lower Cranbury Road, 51.0
feet to an iron rod set at NEC of Lot 39, Block 76, for the SEC of
this tract;
THENCE S 47° 41' W, 78.7 feet to an iron rod at the NWC of Lot 39,
for the SWC of this tract;
THENCE N 200 16' W, 12.1 feet to an iron ,rod set within Morningside
Drive, for an inner corner of this tract;
THENCE N 720 26' W, 63.3 feet to an iron rod set at a south corner
of Lot 23, for the NWC of this tract;
THENCE N 75° 07' E, 34.7 feet to another south corner of Lot 23,
for an inner corner of this tract;
THENCE N 47° 41' E, 85.3 feet to the place of beginning, containing
0.105 acres of Morningside Drive.
is hereby declared to have been abandoned for street purposes and said portion
of Morningside Drive above described is hereby ordered vacated and closed as a
street.
Section Two
That portion of Morningside Drive hereinabove described is hereby found by,
the City Council of Stephenville, Texas, to be of a value of $500.00. Said
amount having been offered by IRA J. DECKER for that portion of Morningside
Drive above described, it is hereby ordered and directed that DONALD R. JONES,
Mayor of the City of Stephenville, execute a special warranty deed to the said
IRA J. DECKER conveying to him the above described land and such deed shall be
delivered to the said IRA J. DECKER upon the payment by him to the City of
Stephenville of said sum of $500.00, the said IRA J. DECKER owning property
adjacent to that land hereinabove described.
PASSED AND APPROVED this �L day of June, 1978.
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Donald R. Jones, a=4 or
ATTEST:
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Joyce Pemberton, City Secretary
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