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HomeMy WebLinkAbout1993-12-07 - Regular City Council MINUTES OF REGULAR MEETING City of Stephenville - City Council TUESDAY, DECEMBER 7, 1993 - 7:00 P.M. The City Council of the City of Stephenville, Texas, convened in regular session on December 7, 1993, at 7: 00 p.m., in Council Chambers at City Hall, 354 N. Belknap Street, with the meeting being open to the public and notice of said meeting, giving the datem time, place and subject thereof, having been posted as prescribed by Article 6252-17, Section 3A, V.T.C.S., with the following members present: Mayor: Lavinia Lohrmann Mayor Pro Tem: Scott Evans Councilmembers: Alan Nix Donald L. Zelman Sam Taylor II John Wooley William F. (Bill) Johnson Billy Bob Hodges Bill Bailey Absent: None Others Attending: Don Davis, City Administrator Joyce Pemberton, City Secretary Randy Thomas, City Attorney I. CALL TO ORDER: Mayor Lavinia Lohrmann called the meeting to order and declared a quorum present. II. PRESENTATION OF EMPLOYEE SERVICE AWARDS. Mayor Lohrmann presented service awards to the following employees: George Barker Don Miller Jimmy D. Mooney 10 years 15 years 25 years Police Department Police Department Fire Department III. COMMITTEE REPORT: A. Public Health and Safety Councilman Zelman reporting for the Public Health and Safety Committee, reminded the Council that in October the Council approved an ordinance requiring the inspection of food handling facilities. It is now necessary that we approve the food inspector. The Committee, in their last meeting, unanimously voted to recommend The Henneke Corporation (Jodena Henneke, Don Henneke and Charles Palmer). Mrs. Henneke and Mr. Palmer are registered sanitarians and Mr. Henneke is in the process of obtaining his certification. In addition, to recommending the Hennekes, we also need to define what "temporary food service" is, as opposed to "full time food service", since they will be handled differently. The Committee is recommending that "temporary food service" be defined as commercial operators that serve the general public at a fixed location for more than 24 hours, but no more than 14 days. The fee for temporary food service inspections will be $25.00 plus $5.00 per day and they will be subject to inspection prior to operating in the City, which is in contrast to full time operators who will pay $100.00 inspection fee plus $10.00 administrative fee. Full time operators will be inspected by lot only once a year. Commercial and voluntary groups which sell food for a period of less than 24 hours be requied to register with the City. They will not be inspected, but they must register with the City for $5.00, at which time they will be given a "facts" sheet for the serving and handling of food. The Committee unanimously recommends amending Ordinance No. 1993-29 to include the above definitions and fees. After discussion, Councilman Zelman moved approval of above recommendations. Seconded by Councilman Wooley. Motion carried UNANIMOUSLY. Don Davis, City Administrator, advised the Council that the actual contract and the ordinance amendments will be brought to the Council at the next meeting. IV. CONSENT AGENDA: Councilman Taylor moved approval of the Consent Agenda, as listed below. Councilman Evans seconded the motion. Motion carried UNANIMOUSLY by a roll call vote. A. Approval of the minutes: 1993. November 2 and November 23, B. Approval of an additional who patronize the Library family. fee for non-city residents in the amount of $10.00 per C. Approval of specifications: 93 1. Uniforms - Utilities & Community Service Divisions 2. Annual purchase of chemicals 3. C.A.D. System-for mapping of existing utility lines 4. Vehicles for various Divisions: a. 2 full-size police equipped sedans b. 1 mid-size sedan c. 1 utility vehicle d. 1 3/4 ton chassis w/service body e. 2 1/2 ton pickups D. Award Bid to Alderfer Air Conditioning for a new ac/heating unit at City Hall in the amount of $8,274. V. PUBLIC HEARINGS: A. Mayor Lohrmann opened the floor for a public hearing to consider rezoning the 2400 block of Northwest Loop from R-1 "Single Family Residential District" to B-1 "Neighborhood Business District". THOSE IN FAVOR: Dr. H. L. Raley (owner of the property) THOSE OPPOSED: None. There being no one else wishing to address this issue, Mayor Lohrmann closed the public hearing. B. Mayor Lohrmann opened the floor for a public hearing to consider rezoning the 2700 block of Northwest Loop, from R-1 "Single Family Residential District" to B-2 "Secondary and Highway Business District". THOSE IN FAVOR: James O. Bachus (owner of the property). THOSE OPPOSED: Martin Petersen and Phillip AW;er ,q/f<;_J. There being no one else present wishing to address this issue, Mayor Lohrmann closed the public hearing. C. Mayor Lohrmann opened the floor for a public hearing to consider a petition from Stephenville Land, Inc. to annex 0.993 acres of the Wm. Motley Survey. THOSE IN FAVOR: None. 94 THOSE OPPOSED: None. There being no one present wishing to address this issue, Mayor Lohrmann closed the public hearing. Councilman Taylor moved to accept the petition, as submitted, to annex 0.993 acre of the Wm. Motley Survey, located in the 400 Block of Tanglewood Trail. Councilman Bailey seconded the motion. The motion carried UNANIMOUSLY. VI. ORDINANCES AND RESOLUTIONS: A. Councilman Evans moved approval of ORDINANCE NO. 1992-34 REZONING 1.34 ACRES IN THE WM. MOTLEY SURVEY, LOCATED IN THE 2400 BLOCK OF THE NORTHWEST LOOP, FROM R-1 "SINGLE FAMILY RESIDENTIAL DISTRICT" TO B-1 "NEIGHBORHOOD BUSINESS DISTRICT". Councilman Johnson seconded the motion. Motion carried UNANIMOUSLY. B. ORDINANCE NO. 1993-35, Rezoning 2700 Block of Northwest Loop, from R-l "Single Family Residential District" to B-2 "Secondary and Highway Business District". It was the consensus of the Council to table this item until the December 21st special meeting. C. Councilman Evans moved approval of ORDINANCE NO. 1993-36 ANNEXING 0.993 ACRE OF THE WM. MOTLEY SURVEY, LOCATED IN LOCATED IN THE 400 BLOCK OF TANGLEWOOD TRAIL, INTO THE CITY OF STEPHENVILLE. Councilman Bailey seconded the motion. The motion carried UNANIMOUSLY. VII. CITY ADMINISTRATOR'S REPORT. City Administrator, Don Davis, reported that the engineers for Wal-Mart, Dunaway and Associates, opened the bids for the extension of Wolfe Nursery Road on Wednesday, December lsst. We asked our engineers, Schrickel, Rollins, & Associates, to attend that bid opening. Although, I have not seen the bid tabulations, it is my understanding that the low bids will be within the amount that can be abated. A representative from Dunaway & Associates is meeting with corporate representatives of Wal-Mart this week. We should know Wal-Mart's intentions by Tuesday night. We would request you have a special council meeting on Tuesday, December 21st. This would enable us to act on the Wal-Mart application (if requested). Also, it would allow us to act on any changes the county might suggest to service contracts. We will have the specifications for the new fire truck for your consideration at that time. 95 VIII. CITY COUNCIL/CITIZEN GENERAL DISCUSSION. IX. EXECUTIVE SESSION: in compliance with the provisions of the Texas Open Meetings Act, Article 6252-17, Vernon's Texas Civil Statutes, in accordance with the authority contained in LEGAL: Section 2(e), consultation between the City Council and its atorney; PERSONNEL: Section 2 (g), discussion of personnel matters. A. Status Update on the Don Blackwell vs. City of Stephenville Lawsuit. X. ACTION TAKEN (if anv) ON MATTERS DISCUSSED IN EXECUTIVE SESSION. A. Don Blackwell vs. City of Stephenville - Status Report - No action taken. There being no other business to come before the Council at this time, Mayor Lohrmann adjourned the meeting at 8:00 p.m. (!l'Jr~ST: /1 . / / ~y~ -' i:ni)A~: ~Jo e Pemberton, City Secretary // ~ ,~:/ .~ \-~~A...t ~_tA.. .~ Lavinia Lo rmann, Mayor 96 ORDINANCE NO. 1993-34 AN ORDINANCE REZONING THE LAND DESCRIBED FROM THE CLASSIFICATION OF R-l "SINGLE-FAMILY DWELLING DISTRICT" "NEIGHBORHOOD BUSINESS DISTRICT." ZONING TO B-1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: That certain land in the City of Stephenville being 1.34 acres of the Wm. Motley Survey, Abstract 515, Erath County, Texas, located in the 2400 Block of the Northwest Loop (F.M. 988.) and it is hereby rezoned and the zoning classification changed from the classification of R-l "Sinole-Familv Dwellino District" to B-1 "Neiohborhood Business District," in accordance with the Zoning Ordinance of the City of Stephenville. PASSED AND APPROVED this the seventh day of December, 1993. r, /1 . ~~ (~L~vinia ~rmann, Mayor ATTEST: ~~ Reviewed by Donald B. Davis, City Administrator ~~ Randy Thomas, City Attorney Approved as to form and legality ORDINANCE 1993-36 AN ORDINANCE MAKING A PART OF THE CITY OF STEPHENVILLE LAND ADJACENT THERETO AND BEING A 0.993 ACRE TRACT OF LAND OUT OF THE WILLIAM MOTLEY SURVEY, ABSTRACT, NO. 515, IN ERATH COUNTY, TEXAS WHICH IS DESCRIBED BELOW AND WHICH JOINS THE PRESENT CITY LIMITS OF THE CITY OF STEPHENVILLE AND WHICH ORDINANCE FULLY DESCRIBES SAID LAND: BE IT ORDAINED BY THE CITY COUNCIL OF STEPHENVILLE, TEXAS: That certain land adjacent to the City of Stephenville and adjoining same and specifically described as follows: ALL that certain 0.993 acre tract of land, being part of the Wm. Motley Survey, Abstract No. 515, in Erath County, Texas, being part of that certain 405.51 acre tract of land described in deed from Lemuel A. Brock et ux to Stephenville Land, Inc. and recorded in Volume 423, Page 451 of the Deed Records of Erath County, Texas and described as follows: BEGINNING at an iron rod set at the most southerly corner of Lot 15 of Block 1 of the Tanglewood Estates Addition to the City of Stephenville as shown by a plat thereof recorded in Volume 1, Page 107 of the Plat Records of Erath County, Texas, for the most easterly corner of this tract; THENSE S 38 deg. 00' 20" W along the centerline of a Brazos Electric Coop easement as recorded in Volume 280, page 354 of the Deed Records of Erath County, Texas, 146.94' to an iron rod set for the most southerly corner of this tract; THENSE N 51 deg. 59' 40" W, at 240.0' pass an iron rod set in the southeast line of a 50 foot wide road right of way, continuing in all 290.0' to an iron rod set in the northwest right of way of said road, for the most westerly corner of this tract; THENSE N 38 deg. 00' 20" E along the northwest line of said road, 169.59' to an iron rod set the most southerly corner of Lot 1 of Block 4 of the Tanglewood Estates Addition for the most northerly corner of this tract; THENSE S 30 deg. 35' 48" E, crossing the west end of Tanglewood Trail, at 53.70' pass the most westerly corner of Lot 15 of said Block 1, in all 62.09' to an iron rod at an external corner of said Lot 15, for a corner of this tract; THENCE S 51 deg. 59' 40" E, 232.19' to the place of beginning and containing 0.993 acres of land. is hereby received into the City Limits of the City of Stephenville and made a part of the City of Stephenville and the City Limits of the City of Stephenville are hereby extended in accordance with the lines and the description of the parcel of land herinabove described. The above described land is hereby annexed and made a part of the City of Stephenville by virtue of petition presented to the City Council of the City of Stephenville which petition was signed by Seth Moore, Jr. President Stephenville Land, Inc. who is the owner of the property, and duly sworn to by him; and there being no inhabitants or qualified voters presently residing within the boundaries of said 0.993 acre tract of land; and all action having been taken by the City Council of the City of Stephenville as required by the statutes of the State of Texas and by the charter of the City of Stephenville and hearing having been held as required by said statutes and by the charter. The City Council, having a quorum present at this meeting of December 7, 1993, motion was duly made and duly seconded that this ordinance pass, and upon vote, said motion carried unanimously. This ordinance shall go into effect immediately and the above described land is hereby declared to be annexed and the same is declared to be a part of the City of Stephenville. PASSED AND APPROVED this seventh day of December, 1993. ') , \ / )./ (/1[~i;~~~:'~or ATTEST: City Secretary ~lJm~ Review by Donald B. Davis, City Administrator <:::::;2-~0L Approved as to form and legality, Randy Thomas, City Attorney