HomeMy WebLinkAbout1972-11-07 - Regular City CouncilCity Hall —
Stephenville, Texas
The City Council met in regular session on November 7, 1972 at 7:00 P. M., with Mayor Don Jones
presiding and the following members present: Toby Stone, Garland Loudermilk, W. M. Irwin, Raymond
Anderson, Larry Hammett, Jack Curtis, and Doug Smithey.
Others attending were: City Administrator Shelton, Director of Public Works Gann, and Fire Marshall
Ferguson.
The minutes of the meetings of October 3rd, October 6, and October 12th were read and approved with
Councilman Stone asking that the letter from C. H. Maguire, Jr., Chairman of the Planning Commission,
to the Mayor and City Council and his own reply be attached to and become a part of the minutes of
October 6th and October 12th.
The Mayor opened the meeting with the landfill sites as first on the agenda. He stated that the
Council had just about narrowed it down to two sites, (1) The Carr Property, 127 acres @$76,200.,
and (2) The Smithey Property, 100 acres @$38,500. At this time, the Mayor asked if anyone had any
comment to make concerning the above sites.
Mr. Truett Bramlett appeared before the Council presenting a petition with 109 signatures of the
people in the area around the Smithey Property. Mr. Bramlett read the petition and stated their
objections in detail. Mr. Eubanks, Gary Crow and Jesse Tackett along with others spoke before the
Council stating their objections to the landfill in this area.
The Mayor in answer to the petition and objections of the people said he and the Council were in
sympathy with the property owners in the area of a landfill site but that the City still had to have
one by law and that the things he considered most inportant were the isolation of the site, cost
of the site and number of productive acres and of course, the feelings of the residents in the
area.
Councilman Irwin made motion to core the Smithey Property and if it cored out to exercise the option
and purchase the property. After much more discussion, the motion was withdrawn.
Gary Crow suggested to the Council that they check on the property owned by Dr. Bruner which is ad-
jacent to the city limits on the Mineral Wells highway. Dr. Bruner has 60 acres @$1,000. per acre.
Councilman Stone suggested a 300 foot buffer zone around any property the City purchases for a
landfill site.
It was decided to check on the Bruner Property before any decision was made.
Reverend Warren 011iff, President of Stephenville Senior Citizens Board, came before the Council with
a report on the Senior Citizens Center. Rev. 011iff said the primary concern of the Board for the
Senior Citizens was to develop a Comprehensive Program for all the senior citizens and in doing so have
revised their approach and the request sent in to Austin, as well, as the report to the Council. Rev.
011iff also stated that the Board could see a need for a program that would include four basic areas.
(1) recreation, (2) skills and crafts, (3) nutrional food program and (4) health -- mental, as well as
physical. Rev. 011iff said the Board had set up two job catagories. One, Mrs. Fred McCleskey as Center
Director, to cover the center, recreation and Skills & Crafts, at $360. per month plus car and expenses.
Two, Mrs. Rene Waterbury as Program Development Director, to cover the nutritional and health needs
of the elderly in the community at $500. per month, this to continue until April, 1973.
At this time, Mayor Jones asked the City Administrator Shelton to explain the new accounting system
and the submission of the approval of the mothly bills. Mr. Shelton explained that by January or
February of 1973 he would have the print out sheets on the monthly bills and the Council would approve
them. This will eliminate the Mayor having to sign the checks as the bills have already been ap-
proved by the Council. The checks will be signed by the City Secretary and City Administrator. The =
Mayor said he would like to commend Mr. Shelton on behalf of himself and the Council for the com-
prehensiveness of the reports and his knowledge of the new accounting system.
The Mayor brought the next item on the agenda to the Council. The motion had already been passed to
put "no parking " signs in the 300 block of N. Belknap St., but due to some objections from some of
Ix the city employees, he was asking the Council if they wanted to reconsider the motion. After some
discussion of the parking facilities for city employees, the motion was made by Councilman Anderson
to withdraw a portion of the prior action and move back one parking space from the corner of Tarleton
St. and leave parking on the rest of the 300 block of N. Belknap, seconded by Councilman Hammett.
Motion carried.
Councilman Hammett suggested a survey of the town for corners that need "no parking" for one space to
give room to turn the corners.
Next on the agenda was the "no:parkiig" signs on McIlhaney and Tarleton streets. After some discussion,
Councilman Anderson made the motion to put no parking signs on one side of McIlahney St. from Washington
St. to Vanderbilt St. and no parking signs on Tarleton St. from 011ie St, to McIlhaney St. The motion
was seconded by Councilman Irwin. Motion carried.
Next on the agenda, the Mayor asked City Administrator Shelton to present the plans of the addition to
x7he City Hall to the Council. The plans presented include a new council room and converting the old
council room into office space and some remodeling of the front office. The motion to accept bids for
the above work was made by Councilman Irwin, seconded by Councilman Loudermilk. Motion carried.
OCTOBER 11, 1972
'I'0: IIIE: MAYOR, CITY COUNCIL AND -P LA{NING C0NMISSI0N OF STEPHUNYILLK TEX.
i
hear Members of the City Council and Planning Commission:
As a member of the City Council, I mould like to take issue with
{
some statements made by Mr. c. H. McGuire to Mayor Don Jones in a letter
dated October 5, 1972.
The first sentence in the last paragraph of this letter states: j
"I made the statement to the Commission in the presence of Mr. Smithey
and I would like my statement passed on to the City Council that every
"road block" and disagreement we have had concerning sub - division plann-
ing and long range water and sewer planning has been between developers
who are members of the City Council Lnd quote.
I have made a thorough study of all minutes of City Council meetings
from September 3, 1968, to August 1972, and have found the following':
I- The Sub - Division Ordinance was passed September 3, 1968.
2. - November S, 1968, the preliminary plat was approved for t
the West Gate Addition, Developer Harlan Huey; and Hill-
crest Addition, Developer Toby Stone et al. (1 was _not
on the City Council at this time and my plans were approved
by H. Hunter and Associates.)
3, November 18, 1968, the Planning Commission was appointed. 3�1
4. February 20, 1969, final plat of West Gate approved.
5, April 1, 1969, final plat of Hillcrest approved with lift
- station plans attached, and approved by H. hunter and
Associates.
6, April 25, 1909, preliminary p!at of Fdgewood Addition
accepted. owner Stanley Gook. (This addition was finally
abandoned.) {
7. November 4, 191,9, llumberson preliminary plat approved.
8. August 21, 1970, Tangiewood 02 Addition rejected. Developer
Seth Moore et al.
9. September 14, 1970, final plat of six lots in Tanglewood 02 (j
accepted.
i
lu. November 3, 1970, preliminiary plat for South Tanglewood and
- 1
West. Dale Addition approved by Council and recommended by
..:Planning :Commission.. Oeveloppe Seth Moorc ot.al.
-2-
11. February 22, 1971, final plats presented for South Tangle-
wood and West Dale Additions. They were not approved by
the Council.
12. March 1, 1971, West Dale plat rejected by Council. South
Tanglewood accepted subject to conditions.
The above mentioned is a total of all sub - divisions presented to the
Planning Commisssion and referred to the City Council for action. In fact,"
in black and white, 6 lots of Tanglewood #2 and the South Tanglewood Addi-
tion are the total sub- divisions approved by the City since the Planning
Commission was appointed almost 4 years ago. (The developer on these was —
t
Seth Moore et al, non- members of the City Council.)
Now my question is - just who are the developers who are members of
the City Council? Not one member of the City Council has ever presented
a sub - division to the Planning Commission for their consideration prior
to the one in question!
j
I
The second sentence of Mr. McGuire's closing paragraph of the abovve
mentioned letter states:
"We have had no trouble with developers who are not members of
J
the City Council." End quote.
My answer to this would be that since no member of the City Council
has submitted a sub - division, they have in fact had no trouble. Yet, I
wonder if they really had no trouble since only one small sub - division
and 6 lots in another have been approved out of all the sub - divisions
submitted?
'l The balance of the closing paragraph of the above mentioned letter
stated: "We think there is a definite conflict of interest, concerning,
the rules and policies of the City Council for the citizens in general
concerning long range planning and developing, between developers who
sit on the City Council and persist in trying to go around this long range
J
{
planning program and the sub- division and zoning ordinances. People with
this continued conflict of interest should resign from the City Council
3
and Planning Commission. Although they may decline to vote, they lead
the discussion to influence the decision." End quote.
j
-3-
Since I am the only member of the City Council who has ever developed
sub - divisions for myself and others, I feel that I am the one that Mr.
McGuire is saying has a conflict of interest. The only sub - division I
have been - associated with, since the Sub - Division Ordinance was passed
on September 3, 1965, is the Ili
llcrest Addition. This Addition was approved .
long before 1 became a member of the city Council. Yet, the same City
Council of which I was a member refused to let me. develop the Hillcrest
Addition the way it was approved on the final plat submitted April 1, 1969.
I was forced to spend several thousand dollars over and above my committ-
ments. I did this not because it was right, but because I was a member
i
of the City Council and because I could not afford even the slightest
suggestion of conflict of interest.
the proof of all the contents of this letter is of record in City
Hall and I will be glad to show it to anyone who has further interest.
i
Yours truly,
iojvtone
WWREASO Texas Library and Historical Comission bas
authorized the designation of the Stephenville Public Library as
a "Community Library, of the ort Worth syateffl"o and MILPC�REAa.E"' it
is advantageous to the Stephenville Public L,?brary to have this
designation,- and tR'L'.TERBA t %e statute setting pan a state library
system, and being Article :5446a of Vernon's Annotated Statutes,
_n rov„ des that the go"eTtiwr. "ing body of the system by resolution -
or ordinance providr -, for the adoep ance> of this cias.3,gnat oh�ar.
NMI, THEREFORE, ea be it resolved ''by the City Council of
the City of Stephenville l-.tat 'dh designation cf the >Stej�)i,J?,lle
pu.ig?jjc Library as a commu.nitv library under the Library Systo'.1i:s Rot
of 1969 be and such de si g aition r s hereby a iM pted, ec`and the k4aY✓or of
the City C z' Stephenville is hereby authorized to execute such con-
tracts or service as he may proper by fir':§. W'i"..11e,,. of 'e -his member-
ship, all as proviaed by Article 3446a, Vernon's Annotated Civil
Statutes.
1, the undersigned City Secretary of
do hereby cart-1,27,10" ti:ham t the C3}".<°.9ve and folrego'.? n
copy of aY Peijolutio5'a passed by the 1.2 ka Cot?naa i.
at a regular meeting W said b�dy held.. on tam
1972.
7th ' day of November, 1372 n
Stephenville, °fie xa,-:i,
is a true and correct
of ster.�Ilenlville, Texas,
7th day of iaa.2er, ,03e ,
OF SAID CITY this
I ____
h
- ORDINANCE DECLARING A PORTION OF NORTH CLEVELAND AVENUE RUNNING SOUTH FROM
THE INTERSECTION OF SAID CLEVELAND AVENUE WITH STATE HIGHWAY NO. 8 IN THE
CITY OF STEPHENVILLE IN ERATH COUNTY, TEXAS, TO HAVE BEEN ABANDONED AS A
STREET,ORDERING SAME VACATED AND CLOSED, FINDING THE VALUE OF SAID LAND,
AND AUTHORIZING THE CONVEYANCE OF SAME TO WAYNE BARHAM UPON THE PAYMENT
OF THE AMOUNT FOUND TO BE THE VALUE OF THIS LAND AND DEDICATING ANOTHER
TRACT OF LAND TO BE CONVEYED BY WAYNE BARHAM TO THE CITY OF STEPHENVILLE
AS A PORTION OF NORTH CLEVELAND AVENUE AND WHICH CONSTITUTES A RELOCATION
OF NORTH CLEVELAND AVENUE IN LIEU OF THE PORTION CLOSED AND VACATED.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE:
Section One
That portion of North Cleveland Avenue described as follows:
0.77 acre tract of land out of the John Blair Survey, A -32,
situated in Erath County, Texas; being a portion of the
present N. Cleveland Ave. lying South of State Highway No.
8 and described as follows:
BEGINNING at the intersection of the West line of North
Cleveland Ave. and South line of State Highway No. 8
for the NWC of this tract, being also the NEC of a
3.875 acre tract conveyed to Wayne Barham by City of
Stephenville by deed dated December 9, 1965 and recorded
in Vol. 404, Page 519, Deed Records of Erath County, Texas;
THENCE S 67 °44' E, along South line of State Highway No. 8,
crossing N. Cleveland Ave., 67.6 feet to the intersection
of the East line of North Cleveland Ave, with 'South line
of said highway for the NEC of this tract;
THENCE S 30 002' E, along East line of present North
Cleveland Ave., 740.1 feet to an iron rod set at the
beginning of a curve on relocated portion of North
Cleveland Ave. for the SEC of this tract;
THENCE Northwesterly along the East relocated line of
North Cleveland Ave. and a curve to the left, Radius
=216 feet, Central Angle = 34 °31', a curve distance
of 130.12 feet to an iron rod set at a point of
reverse curve for a corner of this tract;
THENCE Northwesterly along a curve to the right,
Radius = 116 feet, a curve distance of 25.34 feet
to a point in the present West line of North Clweland
Ave. for the SWC of this tract;
THENCE N 30 °02" W, 640.9 feet along the West line of
present North Cleveland Ave. to the place of beginning
and containing 0.77 acres of land;
is hereby declared to have been abandoned for street purposes and said
portion of North Cleveland Avenue above described is hereby ordered
vacated and closed as a street.
Section Two
That portion of North Cleveland Avenue hereinabove described is
hereby found by the City Council of Stephenville, Texas to be of a value
of $750.00. Said amount having been offered by Wayne Barham for that por-
tion of North Cleveland Avenue above described, it is hereby ordered and
directed that Don Jones, Mayor of the City of Stephenville, execute a
special warranty deed to the said Wayne Barham conveying to him the above
described land and such deed shall be delivered to the said Wayne Barham
E
upon the payment by him to the City of Stephenville of said sum of $750.00.
Section Three
That certain tract of land described as follows:
0.85 acre tract out of the John Blair Survey, A -32 in Erath
County, Texas, being a portion of that 3.875 acre tract con -
veyed to Wayne Barham by City of Stephenville, by deed dated
December 9, 1965 and recorded in Vol. 404, Page 519, Deed
Records of Erath County, Texas and described as follows:
BEGINNING at an iron rod set in the South line of State
Highway No. 8 and North line of said 3.875 acre tract for
the NEC of this tract, from which the NEC of said 3.875
acre tract bears S 77 °44' E, 11.75 feet;
THENCE S 30 °02' E, parallel to and 8.7 feet Westerly at
right angles from the East line of said 3.875.acre tract,
604.75 feet to the beginning of a curve to the left, for
a corner of this tract;
THENCE Southeasterly along said curve to the left, Central
Angle = 34 °21', Radius =116 feet, a curve distance of 44.54
feet to a point in the East line of said 3.875 acre tract
and West line of N. Ckveland Ave., for the SEC of this tract;
THENCE S 30 002' E, along the East line of said 3.875 acre
tract and West line of N. Cleveland Ave., 144.7 feet to an
iron rod set for the most Southerly SEC of this tract;
THENCE Northwesterly along a curve to the left, Central
Angle= 34 031', Radius =166 feet, a curve distance of 100 feet
to an iron rod set at a point of reverse curve for a Western
corner of this tract;
THENCE Northwesterly along a curve to the right, Central
Angle= 34 131', Radius =166 feet, a curve distance of 100 feet
to an iron rod set at a point of tangency for a Western
corner of this tract;
THENCE N 30 °02' W, parallel to and 58.7 feet Westerly at
right angles from the East line of 3.875 acre tract, 650.4
feet to an iron rod set in the North line of said 3.875 acre
tract and South line of State Highway No. 8;
THENCE S 77 044' E, 67.6 feEt to the place of beginning and
containing 0.85 acres of land;
is hereby designated to be a part of North Cleveland Avenue running South
from State Highway No. 8; said land having been conveyed to the City of
Stephenville by Wayne Barham; said land is hereby determined to have a
value of $750.00 and the City of Stephenville shall pay to the said Wayne
Barham this sum of money as consideration for the conveyance of said tract
of land to the City.
PASSED AND APPROVED th
ATTEST:
Cit Secretary
mom
The Mayor brought up for consideration the dedication of Celebrity Ave. by the Industrial Foundation.
This is the area immediately east of Celebrity Mobile Home Mfg. Co. Whether or not to accept an un-
paved street was the question. Councilman Stone pointed out that it would be a change in policy to
accept the dedication of an unpaved street and the City pave it. The mayor stated that he did not want
to change policy. After much discussion the motion was made by Councilman Irwin to refer the dedication-
of Celebrity Ave. to the Planning Commission for recommendations, seconded by Councilman Loudermilk.
Motion carried.
The Mayor asked the Council to consider the need for the Council to have "study sessions" on a regular
basis. City Administrator Shelton said that they have been having to omit several items each meeting
because of the long agendas and that he thought it might help if the Council could meet sometime between
regular meetings on an informal basis to discuss some of the items that might have to be omitted other-
wise. After some discussion, Councilman Irwin suggested trying it. The Mayor said he and Mr. Shelton
would get together and set a day and time. If anything could be accomplished the meetings would con -
tinue,.if not they would be discontinued.
Mayor Jones asked City Administrator Shelton to read the bids received for the new fire truck. Mr.
Shelton had received only two bids. They were:
Bruner Chevrolet Co ------------------- $3,357.00
Herrin Motor Co.---------------- - - - - -- 3,549.00
Councilman Curtis made the motion to accept the Bruner Chevrolet Co. bid, seconded by Councilman Smithey.
Motion carried.
Mayor Jones read a resolution designating the Stephenville Library as a "Community Library" of the
Fort Worth system. This would enable the citizens of this community to use books out of the Fort Worth
system. After some discussion, Councilman Stone made the motion to adopt the Resolution making the
Stephenville Library a part of the Fort Worth system, seconded by Councilman Irwin. Motion carried.
The Mayor asked the Council for discussion of the delinquent tax notices which have been mailed out this
year. Tax Assessor Groves came before the Council stating that he has received letters and calls com-
plaining about the penalties, interest and cost on the delinquent taxes. He said most of the complaints
were from residents that had purchased property several years ago and for some reason or other did not
know of the delinquent taxes. Mr. Groves stated that the previous City policy had been to send statements
for only one year. As of this year, statements will be sent out each year on all delinquent?>taxes.
After quite a bit of "discussion, the Mayor appointed the Finance Committee for a reference committee to
study the cases individually and make their recommendations to the Council.
The Mayor asked the Council whether or not they wanted to approve application for a grant for a Sewer
Outfall Line. City Administrator Shelton pointed out to the Council that a law had been passed to pro-
vide for a 75% grant which previously had been 55% and would take at least a'year to be approved. Mr.
Shelton said that with the new high school and the normal growth of the city that he and the Planning ?:
Commission recommended they go ahead and get the application in. After some discussion, Councilman
Loudermilk made the motion to file application for grant on Sewer Outfall Line. Councilman Stone asked
for more discussion on the cost of Consulting Engineers that would be needed to apply for the grant..
After much discussion, the above motion was seconded by Councilman Hammett. Motion carried.
At this time, the Mayor asked if there was any new business. Councilman Loudermilk reported for the
committee on the "Leash Law ". He said it was the opinion of the committee to put this on the referendum
of the next election and let the people decide if they want a "Leash Law" or not.
City Administrator Shelton reported that he had received a letter stating that the first week in December
we would receive our first Revenue Sharing check covering the first six months of the year and the check
will be for $42,000. This will be put into separate account and will be audited annualy.
There being no other business, the Mayor adjourned the meeting
Mayor
;ATTEST:
ty ecretary