HomeMy WebLinkAbout2019-12-03 - Regular City Council 4048114# City of Stephenville - Regular City Council Meeting
Tuesday, December 3, 2019 at 5:30 PM
The City Council of the City of Stephenville, Texas, convened on Tuesday, December 3, 2019, at 5:30 PM, in
the Council Chambers at City Hall, 298 West Washington Street, for the purpose of a Regular Business
Meeting, with the meeting being open to the public and notice of said meeting, giving the date, time, place
and subject thereof, having been posted as prescribed by Chapter 551, Government Code, Vernon's Texas
Codes Annotated,with the following members present,to wit:
COUNCIL PRESENT: Mayor Doug Svien
Council Member Mark McClinton
Council Member Carla Trussell
Council Member Nick Robinson
Mayor Pro Tem Brady Pendleton
Council Member Ricky Thurman
Council Member Alan Nix
Council Member Gerald Cook
Council Member Brandon Huckabee
COUNCIL ABSENT:
OTHERS ATTENDING: Allen L. Barnes, City Manager
Randy Thomas, City Attorney
I. Call to Order
Mayor Svien called the meeting to order at 5:30 p.m.
II. Pledges of Allegiance
Council member Carla Trussell led the pledges of allegiance.
III. Invocation
Jarrod Brown,Grace Fellowship Church
IV. Regular Agenda
1. Citizens'General Discussion
No one came forward to address the council.
2. PUBLIC HEARING
In Accordance with Subtitle D, Department of Family and Protective Services, Child
Welfare and Protective Services, Chapter 42 Regulation of Certain Facilities, Homes, and
Agencies that Provide Child -Care Services, the City of Stephenville Seeks to Adopt an
Annual "Youth Programs Standards of Care" Policy
Mayor Svien opened the public hearing at 5:32 p.m.
Jen Basham, Director of Parks and Leisure Services, explained to the council that the city's
after school program currently falls under the umbrella of Stephenville ISD's state-
required policy as long as those activities are held on school property. In order for the
city to host any childcare programs in other locations,the city must adopt its own policy.
No one came forward to speak in favor of or opposition to the policy.
Mayor Svien closed the public hearing at 5:33 p.m.
3. Consider Approval of Youth Programs Standards of Care Policy
MOTION by Carla Trussell, second by Mark McClinton, to approve Ordinance No. 2019-0-
40 Adopting the Youth Programs Standards of Care Policy as presented.
MOTION CARRIED by unanimous vote.
V. Planning and Zoning Commission
Karen Wilkerson, Interim Director of Development Services
1. PUBLIC HEARING
Case No. RZ2019
Applicant is requesting a rezone of property located at 528 E. Broadway, being Lots 10
and 11, Block 4,of the Clifton Heights Addition to the City of Stephenville, Erath County,
Texas, from One- and Two-Family Residential District (R-2) to Multiple Family
Residential District(R-3)
Karen Wilkerson, Interim Director of Development Services, briefed the council on the
request. The Planning and Zoning Commission recommended denying the request with a
vote of 8-2.
Mayor Svien opened the public hearing at 5:33 p.m.
No one came forward to speak in favor of the rezone.
Jimmy Chew, 1406 Center Drive, Stephenville, spoke in opposition to the request. Chew
and his wife are the owners of a property located at 530 East Broadway, which adjoins
the property in question. Mr. Chew stated that the property in question is shown on the
city's future land use map as single-family residential. He also stated that in the early
1990s, the residents of this area petitioned the council to change the zoning from
commercial to single-family so that the neighborhood could be revitalized. Mr. Chew
stated that he did not believe the narrow, un-curved streets could support the increased
traffic that would result from multi-family housing, nor would there be room for the
increased parking required.
Mayor Svien closed the public hearing at 5:36 p.m.
2. Consider Approval of Ordinance No. 2019-0-_Rezoning the Property Located at 528 E.
Broadway, Being Lots 10 and 11, Block 4, of the Clifton Heights Addition of the City of
Stephenville, Erath County, Texas, from One- and Two-Family Residential District (R-2)
to Multiple Family Residential District(R-3).
Mayor Svien explained to council that because the rezone received a negative
recommendation from the Planning and Zoning Commission, a super-majority
vote would be required to pass the rezone. He asked for any discussion prior to
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Regular City Council Meeting-03 Dec 2019 Page 2 of 11
taking a vote.
Council member Huckabee explained that he felt that affordable housing was needed and
that the council could restrict the number of units if needed. He stated that he was glad
that someone was taking an interest in investing in and developing in our city.
Council member McClinton stated that he felt this was spot zoning and that he would be
willing to look at a wider area, but couldn't support the rezone as requested. Council
member Huckabee stated that he agreed, but felt the council needed to look at the bigger
picture to allow for more development and be open to easing some of the current
restrictions.
MOTION by Brandon Huckabee, second by Brady Pendleton, to approve the rezone for
the property located at 528 E. Broadway.
MOTION FAILED by the following votes:
Ayes: Brandon Huckabee
Noes: Mark McClinton, Carla Trussell, Nick Robinson, Brady Pendleton,
Ricky Thurman,Alan Nix, and Gerald Cook
3. PUBLIC HEARING
Case No. RZ2019-10: Applicant is requesting a rezone of property located at 510 E.
Broadway, being Lot 12, Block 4, of the Clifton Heights Addition to the City of
Stephenville, Erath County, Texas, from One- and Two-Family Residential District (R-2)
to Multiple Family Residential District(R-3)
Karen Wilkerson, Interim Director of Development Services, briefed the council on the
request. The Planning and Zoning Commission recommended denying the request with a
vote of 8-2.
Mayor Svien opened the public hearing at 5:40 p.m.
No one came forward to speak in favor of the rezone.
Jimmy Chew, 1406 Center Drive, Stephenville, spoke in opposition to the request, voicing
the same concerns as the previous case.
Mayor Svien closed the public hearing at 5:41 p.m.
4. Consider Approval of Ordinance No. 2019-0-_Rezoning the Property Located at 510 E.
Broadway, being Lot 12, Block 4, of the Clifton Heights Addition of the City of
Stephenville, Erath County, Texas, from One- and Two-Family Residential District (R-2)
to Multiple Family Residential District(R-3)
MOTION by Carla Trussell, second by Mark McClinton, to deny the request to rezone the
property located at 510 E. Broadway.
MOTION CARRIED by the following votes:
,� Ayes: Mark McClinton, Carla Trussell, Nick Robinson, Brady Pendleton,
Ricky Thurman,Alan Nix, and Gerald Cook
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Regular City Council Meeting-03 Dec 2019 Page 3 of 11
Noes: Brandon Huckabee
5. PUBLIC HEARING
Case No. PD2019-08: Applicant is requesting a rezone of the HEB property located at
112 S. Park Drive, being Lot 25 & 26, Block 1, of the Greenview Addition of the City of
Stephenville, Erath County, Texas, from Single-Family Residential District (R-1) to
Planned Development District(PD).
Karen Wilkerson, Interim Director of Development Services, briefed the council on the
request. The Planning and Zoning Commission recommended approving the request.
Mayor Svien opened the public hearing at 5:43 p.m.
John Rose, a representative of H-E-B, came forward to speak in favor of the rezone. He
stated that H-E-B has been communicating with their neighbors and feel they have
addressed all of the concerns that were brought forth.
No one came forward to speak in opposition.
Mayor Svien closed the public hearing at 5:48 p.m.
6. Consider Approval of Ordinance No. 2019-0-41 Rezoning the HEB Property Located at
112 S. Park Drive, being Lots 25 and 26, Block 1,of the Greenview Addition of the City of
Stephenville, Erath County, Texas, from Single-Family Residential District (R-1) to
Planned Development District(PD).
MOTION by Alan Nix, second by Gerald Cook, to approve Ordinance No. 2019-0-41
rezoning the property located at 112 S. Park Drive.
MOTION CARRIED by the following votes:
Ayes: Mark McClinton, Nick Robinson, Brady Pendleton, Ricky Thurman,
Alan Nix, Gerald Cook, and Brandon Huckabee
Noes: Carla Trussell
7. PUBLIC HEARING
Case No. AT2019-01: EG Tejas, LLC. is requesting an amendment to the Thoroughfare
Plan for Wolfe Nursery Rd., south of West Washington, being Lots 10 and 12, Block 157,
of the City Addition of the City of Stephenville,Erath County,Texas.
Karen Wilkerson, Interim Director of Development Services, briefed the council on the
request. The Planning and Zoning Commission recommended approving the request with
a vote of 9-1.
Mayor Svien opened the public hearing at 5:51 p.m.
No one came forward to speak in favor of or opposition to the request.
Mayor Svien closed the public hearing at 5:51 p.m.
8. Consider Approval of an Amendment to the City of Stephenville Thoroughfare Plan for
Wolfe Nursery Rd. South of West Washington, Being Lots 10 and 12, Block 157, of the
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Regular City Council Meeting-03 Dec 2019 Page 4 of 11
City Addition to the City of Stephenville, Erath County,Texas.
MOTION by Mark McClinton, second by Gerald Cook, to approve the request for an
amendment to the City of Stephenville Thoroughfare Plan for Wolfe Nursery Rd South of
West Washington.
MOTION CARRIED by unanimous vote.
VI. Parks and Leisure Services Committee Report
Nick Robinson, Chair
1. Parks and Leisure Services Committee Report
Council member Robinson gave the committee report.
VII. Tourism and Visitors Bureau Committee
Carla Trussell, Chair
1. Committee Report
Council member Trussell gave the committee report.
2. Consider Approval of Resolution No. 2019-R-33 Providing for a Sports Venue Tax
MOTION by Carla Trussell, second by Nick Robinson,to approve Resolution No. 2019-R-33
providing for a sports venue tax.
MOTION CARRIED by unanimous vote.
3. Consider Approval of Hotel Occupancy Tax Fund Application for Larry Joe Taylor Festival
Shuttle Service
MOTION by Carla Trussell, second by Alan Nix, to approve a Hotel Occupancy Tax Fund
application for Larry Joe Taylor Festival Shuttle Service in the amount of$7,500.
MOTION CARRIED by unanimous vote.
VIII. Public Works Committee
Alan Nix, Chair
1. Committee Report
Council member Nix gave the committee report.
2. Consider Approval of Request from Middle Trinity Groundwater Conservation District
for Bricks and Steel Bridge
MOTION by Alan Nix, second by Carla Trussell, to authorize staff to negotiate a release of
liability and an transfer of property to the Middle Trinity Groundwater Conservation
District.
MOTION CARRIED by unanimous vote.
3. Consider Approval of a Solid Waste Franchise Rate Adjustment
MOTION by Alan Nix, second by Ricky Thurman, to approve a solid waste franchise rate
adjustment.
MOTION CARRIED by unanimous vote.
4. Consider Approval of a Professional Services Agreement for Impact Fee Development
MOTION by Alan Nix, second by Mark McClinton, to table this item to a council work
session for further discussion.
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Regular City Council Meeting-03 Dec 2019 Page 5 of 11
MOTION CARRIED by unanimous vote.
5. Consider Approval of a Professional Services Agreement for Harbin Drive Development
MOTION by Alan Nix, second by Mark McClinton, to approve a Professional Services
Agreement with Freese and Nichols, Inc., for Harbin Drive Development from Washington
Street to Northwest Loop.
MOTION CARRIED by unanimous vote.
6. Consider Approval of a Change Order for the 2017-2018 TxCDBG Water Line
Improvement Project
MOTION by Alan Nix, second by Mark McClinton,to approve a change order to extend the
2017-2018 TxCDBG Water Line Improvement Project.
MOTION CARRIED by unanimous vote.
IX. Nominations Committee Report
Gerald Cook, Chair
1. Committee Report
Council member Cook gave the committee report.
2. Consider Approval of Appointments for Citizen Boards and Commissions
It was requested that each board or commission be voted on individually. Council
member Cook began by reading the committee's recommendation.
Planning and Zoning Commission
Place 1- Metta Collier to fill the remainder of her term
Place 2-Justin Allision
Place 4-Cliff McCrury
Place 6-Brian Lesley
Alternate 1 - Bruce Delater
Alternate 2-Steve Thomas
MOTION by Brandon Huckabee, second by Ricky Thurman, to approve Places 1 and 6 as
presented. MOTION CARRIED by unanimous vote.
MOTION by Gerald Cook, second by Carla Trussell,to approve Places 2 and 4.
Council member Huckabee explained that he thought the Planning and Zoning
Commission would benefit from new ideas and new sets of eyes.
MOTION by Brandon Huckabee, second by Ricky Thurman, to AMEND the motion by
making the following change:
Place 2- Bruce Delater
Place 4-Steve Thomas
MOTION FAILED with 5 noes and 3 ayes.
ORIGINAL MOTION CARRIES 7-1, Brandon Huckabee being the dissenting vote.
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Regular City Council Meeting-03 Dec 2019 Page 6 of 11
MOTION by Gerald Cook, second by Carla Trussell, to approve Alternate 1 and 2 as
presented. MOTION CARRIED.
Board of Adjustment
Place 2-Janet Cole
Place 4- Moumin Quazi
Alternate 2-Janette Sohm
Alternate 4- Ron Henry
MOTION by Gerald Cook, second by Ricky Thurman, to approve the recommendations as
presented.
MOTION by Carla Trussell to AMEND the original motion by removing Place 4. MOTION
DIES for lack of a second.
ORIGINAL MOTION CARRIES 7-1, Carla Trussell being the dissenting vote.
Stephenville Type B Economic Development Authority
Place 2-Chris Gifford
Place 4- Fisher Rinderknecht
Place 6- Malcolm Cross
MOTION by Gerald Cook, second by Alan Nix, to approve the recommendations as
presented. MOTION CARRIED by unanimous vote.
Tourism and Visitors Bureau Advisory Board
Place 2 - Phillip Greer
Place 4-Austin Hubbard
Place 6-Michael Brown
MOTION by Gerald Cook, second by Nick Robinson, to approve the recommendations as
presented. MOTION CARRIED by unanimous vote.
Parks and Recreation Advisory Board
Place 2 -Brandon Greenhaw
Place 4-Jason LaTouche
Place 6-Josh Raymond
MOTION by Gerald Cook, second by Alan Nix, to approve the recommendations as
presented. MOTION CARRIED by unanimous vote.
Airport Advisory Board
Place 2 -Dana Brinkley
Place 4-Hardy Hampton
Place 6-Rick Tennyson
MOTION by Gerald Cook, second by Ricky Thurman, to approve the recommendations as
presented. MOTION CARRIED by unanimous vote.
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Regular City Council Meeting-03 Dec 2019 Page 7 of 11
Senior Citizen Advisory Board
Place 2 - Berenda (Jan) Smith
Place 4-Michael Martin
Place 6-Edith Stanfield
MOTION by Gerald Cook, second by Carla Trussell, to approve the recommendations as
presented. MOTION CARRIED by unanimous vote.
Library Advisory Board
Place 2- Darla Fent
Place 4- Katherine Smith
Place 6- Katy Eichenberg
MOTION by Gerald Cook, second by Carla Trussell, to approve the recommendations as
presented. MOTION CARRIED by unanimous vote.
Building Board
Place 2- Fred Parker
Place 4- Seth Moore
MOTION by Gerald Cook, second by Alan Nix, to approve the recommendations as
_,., presented. MOTION CARRIED by unanimous vote.
Mechanical Board
Place 2-Mike Walker
Place 4- Rick Alderfer
MOTION by Gerald Cook, second by Carla Trussell, to approve the recommendations as
presented. MOTION CARRIED by unanimous vote.
Electrical Board
Place 2 -Kenneth Howell
MOTION by Gerald Cook, second by Carla Trussell, to approve the recommendations as
presented. MOTION CARRIED by unanimous vote.
Plumbing Board
Place 2 -John Weber
Place 6-Larry Graham
MOTION by Gerald Cook, second by Carla Trussell, to approve the recommendations as
presented. MOTION CARRIED by unanimous vote.
3. Consider Approval of Ordinance No. 2019-0-42 Amending TVB Attendance Ordinance
MOTION by Gerald Cook, second by Carla Trussell, to approve Ordinance No. 2019-0-42
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Regular City Council Meeting-03 Dec 2019 Page 8 of 11
amending the TVB Attendance Ordinance.
MOTION CARRIED by unanimous vote.
4. Consider Approval of Changes to the Stephenville Citizen Boards and Commissions
Handbook
MOTION by Gerald Cook, second by Alan Nix, to approve changes to the Boards and
Commissions Handbook.
MOTION CARRIED by unanimous vote.
X. Planning and Development Services Committee
Brandon Huckabee, Chair
1. Committee Report
Council member Huckabee gave the committee report.
XI. Finance Committee
Mark McClinton, Chair
1. Committee Report
Council member McClinton gave the committee report.
2. Consider Approval of Ordinance No. 2019-0-44 FY2018-2019 Year-End Budget
Adjustments
MOTION by Mark McClinton, second by Alan Nix, to approve Ordinance No. 2019-0-44
FY2018-2019 Year-End Budget Adjustments.
.._. MOTION CARRIED by unanimous vote.
3. Consider Approval of the Exchange of a Portion of the 12-foot Alleyway Located in Block
15 of the City Addition of the City of Stephenville in Exchange for a 6-month Lease on a
County-Owned Building Located at 235 S.Virginia
Erath County had expressed interest in purchasing the alleyway behind the Long Street
Hotel in order to tie the hotel to the parking lot that is also owned by the County. Due to
the storms in October, the city has been speaking with county officials about temporarily
leasing a vacant building from the county. The value of a 6-month lease and the county's
portion of the alleyway are comparable, therefore city staff recommends exchanging the
two.
MOTION by Mark McClinton, second by Brandon Huckabee, to approve the exchange of a
city-owned property for rental fees for a county-owned building.
MOTION CARRIED by unanimous vote.
XII. MONTHLY BUDGET REPORT
Monica Harris, Director of Finance,gave the following report:
In reviewing the financial statements ending October 31, 2019,the financial indicators are
as or better than expected.
Property Tax-We received $295K in property taxes in the month of October, resulting in a $4,000
or 1.46% increase over
funds collected for October last fiscal year.
Sales Tax -We received $547K in sales tax in October, resulting in $91 over the target budget for
October.We received $39K or 6.58% less than the funds received last October.
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Regular City Council Meeting-03 Dec 2019 Page 9 of 11
HOT Funds - We received $359 in interest in the Hotel Occupancy Tax fund in October, as
"' compared to$278 in interest
last October. The next filing date for the report ending 12/31/19 will be January 31, 2020. We
spent$7,502 in Hotel Occupancy Tax funds in October as compared to$9,506 last October.
Revenue (Budgetary comparison) - The target budget for operating revenue is $2.3 million. We
received $2 million in revenue in October, resulting in $291K under budget. This is a result of
property taxes, which are billed October 1st and due by January 31st, and other taxes, which are
due quarterly.
Expenditures (Budgetary comparison) - The target budget for operating expenditures is $1.7
million.We expended $1.4 million in October, resulting in $289K under budget.
Revenue (Prior year comparison) - Operating revenue received last year was $1.8 million as
compared to the current year's$2 million, resulting in a $226K increase due to service charges.
Expenditures (Prior year comparison) - Operating expenditures last year were $1.48 million as
compared to the current year's$1.43 million, resulting in a $51K decrease.
XIII. Stephenville Type B Economic Development Authority Update
Jeff Sandford, Executive Director, gave an update for the Stephenville Type B Economic
Development Authority.
XIV. CONSENT
1. City Council Minutes
Regular City Council Meeting-5 Nov 2019
._. 2. Consider Approval of Bid Award- Landscaped Medians
3. Consider Approval of Sale of City Vehicles
4. Consider Approval of Emergency Medical Task Force Memorandum of Agreement
5. Consider Approval of Donation of Surplus Fire Equipment
6. Consider Approval of Expenditure of Grant Funds for Dispatch and RMS Software
7. Consider Approval of Regents Bank Purchasing Card Agreement
8. Consider Approval of an Interlocal Agreement with Erath County for the Use of a
Building Located at 235 S.Virginia
Mayor Svien asked that Item No. 2 be sent to committee for further discussion and that Item No.
7 be removed to allow Allen Barnes, City Manager,to explain it in more detail.
MOTION by Ricky Thurman, second by Mark McClinton, to approve the consent agenda as
amended. MOTION CARRIED by unanimous vote.
Item No. 7 Consider Approval of Regents Bank Purchasing Card Agreement
Mr. Barnes explained that he and Monica Harris, Director of Finance, have been exploring other
options for city purchasing cards. They both felt that Regents Bank offered more benefits that the
city's current purchasing card provider.
MOTION by Mark McClinton, second by Carla Trussell, to approve item number 7. MOTION
CARRIED by unanimous vote.
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Regular City Council Meeting-03 Dec 2019 Page 10 of 11
XV. Comments by City Manager
• Holly Jolly Christmas-Monday, December 9
• Council Committee Meetings-Tuesday, December 17 at 5:30 p.m.
• City Offices Closed from 11-1 on Friday, December 13 for Employee Appreciation Lunch
• City Offices Closed Tuesday, December 24 and Wednesday, December 25 for Christmas
Holiday
XVI. Comments by Council Members
The council wished everyone a Merry Christmas and encouraged everyone to shop local to
support our community.
XVII. Adjourn
The meeting was adjourned at 6:49 p.m.
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City Of Stephenville
Regular City Council Meeting-03 Dec 2019 Page 11 of 11