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HomeMy WebLinkAbout1996-07-02 - Regular City CouncilMINUTES OF GENERAL BUSINESS MEETING City of Stephenville - City Council TUESDAY, JULY 29 1996 - 7:00 P.M. The City Council of the City of Stephenville. Texas, convened on July 2, 1996, at 7:00 p.m., in the Council Chambers at City Hall, 3 54 N. Belknap Street, for the purpose of a General 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: Mayor C ouncilmemb ers : Others Attending: I. CALL TO ORDER. John Pollan Barbara Terrell Marshall Shelton Joel Hillin Scott Evans Billy Bob Hodges Bill Corbin Don Davis, City Administrator Cindy L. Stafford, City Secretary Randy Thomas, City Attorney Mayor Lohrmann called the meeting to order at 7:00 p.m. and declared a quorum present. He PUBLIC HEARING ON ANNEXATION Mayor Pollan announced the opening of a public hearing for the purpose of annexing 0.311 acre tract of land out of the Wm. Motley Survey, Abstract No. 515, Erath County, Texas. Speaking in Favor of the Annexation: No one. Speaking in n Opposition of the Annexation: No one. Mayor Pollan closed the public hearing. Regular Business Meeting -- July 2, 1996 Councilmember Evans made a motion to approve Ordinance No. 1996-18. Councilmember Shelton seconded the motion, and the motion passed by unanimous vote. III. PUBLIC HEARINGS ON REZONING Mayor Pollan then opened a public hearing to consider a request to rezone from R-1 "Single -Family Dwelling District" to B-2 "Secondary and Highway Business District", 0.311 acres, Wm. Motley Survey, Abstract No. 515, Erath County, Texas, located in the 3000 block of Northwest Loop (FM 988). Mayor Pollan reminded the Council that the Planning and Zoning Commission has recommended approval of this rezoning. Speaking in Favor of the Rezoning: No one. Speaking in Opposition to the Rezoning: No one. Mayor Pollan closed the public hearing. Councilmember Corbin made a motion to approve Ordinance No. 1996-19. Councilmember Terrell seconded the motion, and the motion passed by unanimous vote. Mayor Pollan then opened a public hearing to consider a request to rezone from I "Industrial District 'to R-3 "Multiple Family Residential District", Blocks 17, 18, 19, 22, and 29; Frey First Addition. Mayor Pollan reminded the Council that the Planning and Zoning Commission has recommended approval of this rezoning. Speaking in Favor of the Rezoning: No one. -- v Speaking in Opposition to the Rezoning: No one. v Mayor Pollan closed the public hearing. Councilmember Hillin made a motion to approve Ordinance No. 1996-20. Councilmember Hodges moved to amend the motion by including waiving the filing fee for this zone change. Councilmember Shelton seconded the amended motion, and the motion passed by unanimous vote. Regular Business Meeting -- July 2, 1996 City Administrator Don Davis explained that several years ago the Planning and Zoning Commission began a program of initiating some zone changes where neighborhoods that were primarily resident but carried a different zoning classification as a result of rezoning a few years ago. The subject property is the last of those areas to be rezoned which had a basic conflict with the zoning. Mayor Pollan then opened a public hearing to consider a request to rezone from B-2 "Secondary and Highway Business District" to B-4 "Private Club District", Lot 27A, Block 13, Sims Addition, known as 1617 East Washington. Speaking in Favor of the Rezoning: No one. Speaking in Opposition of the Rezoning: Audrey Keck, 1620 East Washington, Stephenville, Texas. Their residence is directly across the street from the subject property and the Hooch! Apache private club. Keck recalled that when she and her husband purchased their property 20 years ago, the business at the subject location was Burgess Motor Co. The area was much quieter at that time. Five years later, a private club began operating on the subject property, which brought problems of excessive traffic; customers of the club parking their cars in neighboring yards; and litter, including beer cans, bottles, etc. The Keck Family has endured patrons of this business driving through their yard, colliding with their own vehicles, blocking their driveway, and urinating in their yard. Steve Keck, 1620 East Washington, Stephenville, Texas, furnished the Council with some statistics concerning the subject property and businesses which have been operated thereon. From 1986 to 1993, there were 32 violations against Hooch! Apache or Dodge House. Five of those were "open saloon" which means they were selling liquor to non-members. Three of the violations involved minors. Further statistics that Keck gave from 1983 to 1986 shed that there were 286 police calls to the subject business location which involved 54 police man hours. He further stated that the residential neighborhood across the street has been rendered unsafe for children, pedestrians, and vehicles because of the condition of drivers leaving the Hooch! Apache. He reminded the Council that Erath is a dry county, and he thinks the citizens of Stephenville want to keep it that way. Pam Carpenter, 1601 East Washington, Stephenville, Texas. She and her husband own and operate a business at this location. She gave examples of problems arising as a result of the intoxicated driving conditions of the customers of Hooch! Apache (and the former establishment, Dodge House). She mentioned traffic problems, parking violations, and litter. She reminded the Council that in 1995 a friend of hers, Jana Walker, was killed in a traffic accident at this location. It was when Walker was walking to her car when she was struck by two vehicles. Regular Business Meeting -- July 2, 1996 Glen Levisay, 131 Byron, Stephenville, Texas, is a 12-year resident of the neighborhood across the street from the subject property. He stated that there has always been a problem with parking, traffic, speeding, and litter. He also stated that if the Council approved this rezoning that it would indicate that the Council is contributing to the atmosphere of drinking and driving. Pat Wrinkle, 121 Byron, Stephenville, Texas. She and her husband purchased this residence 23 years ago. They bought their home in this location because of the quiet neighborhood. She and neighbors fought against the Dodge House coming into the neighborhood as a private club. They thought it would negatively impact their lives and property values, and she is now convinced that they were right. She stated that she and her neighbors have endured litter problems, traffice problems, parking problems, loud noise, and public urination. She submitted to the City Secretary letters from neighbors who were unable to attend this meeting. These letters express their opposition to the rezoning of the subject property. Marty Wrinkle, 121 Byron, Stephenville, Texas. He told the Council that at the Planning and Zoning Commission meeting of June 20, 1996, the attorney for the owners of the subject property stated that a diligent effort was being made to maintain better control and manage their business properly. He called attention to the headline story of the July 2, 1996 edition of the Stephenville Empire -Tribune. This story was the report of an incident which took place at the City Limits (a private club within 1/2 mile of the subject property). Several patrons of the City Limits were involved in a knife fight in which one person was injured. Wrinkle praised V. W. Stephens, the owner of the City Limits, for his fine security efforts; however, he did point out that incidents such as this still arise even when a business has the best security force available. He also filed with the City Secretary a letter from Jesse and Mary Martinez, who reside at 113 Byron Street. They also protest the rezoning of the subject property. Larry Mills, 253 Davis Avenue, Stephenville, Texas, stated that, as a candidate running for one of the two vacant places on the Council at this time, he would like for this matter to be tabled until after the City Special Election when there would be a full council to vote on the matter. Mills stated that his is a moral concern, and that experience has taught him that places such as Hooch! Apache eat at the moral fiber of a city. Mayor Pollan closed the public hearing. He then reported that the Planning and Commission is recommending the denial of the request to rezone this property from B-2 to B-4. He explained that since the recommendation is to deny the request, it requires a super -majority (3/4) vote to overturn the P&Z's recommendation. Regular Business Meeting -- July 2, 1996 Councilmember Evans moved to deny the request to rezone Lot 27A, Block 13, Sims Addition from B-2 "Secondary and Highway Business District" to B-4 "Private Club District". Councilmember Hillin seconded the motion, and the motion passed by unanimous roll call. IV. FINAL PLAT OF A REPLAT OF LOT 3, BLOCK 161, CITY ADDITION Mayor Pollan reported that the Planning and Zoning Commission recommends approval of this plat. It consists of 4.710 acres located in the 3 000 block of the Northwest Loop owned by McCoy Investments. Councilmember Evans moved for the approval of the final plat of a replat of Lot 3, Block 161, City Addition. Councilmember Hodges seconded the motion, and it passed by unanimous vote. V. WATER PLANNING COMMITTEE REPORT Councilmember Evans reported first that this Committee has been reviewing the draft of the contract for management services at the Wastewater Treatment Plant. The Committee has interviewed companies and has narrowed the field down to one company--OMI. At this time, no action is required by the Council. The second item was a discussion of water production and the steps that would be used if the Water Department was unable to keep up with the water demand and provide adequate fire protection. Also discussed was the need to proceed with implementing the recommendation of the LBG-Guyton test hole report. Locations will be explored for drilling wells in the area identified in the report. The Committee heard a report regarding the possibility of purchasing water from a surface water source and recharging the underground aquifer during off-peak months. This process is known as aquifer storage and recovery. This could be a viable alternative for long-range water supply for the future. Because of the current drought conditions, Danny Johnson, Director of Utilities, reported to the Council that the City is running 3 to 3.5 million gallons of water a day, and there have been no problems to date. VI. PLANNING AND DEVELOPMENT COMMITTEE REPORT--1996 Street Renovation Project Councilmember Hodges reported that this Committee discussed three matters at its meeting on June 17. The first item for discussion was the 1996 Street Renovation Program. This program addresses eight streets to be overlaid and/or reconstructed. These streets are located in the northeast part of the City, bounded to the north by the Lingleville Road (FM 8), to the south by Frey Street, the east by North Graham, and Regular Business Meeting -- July 2, 1996 the west by Paddock Street. Don Davis pointed out that a formula is used to evaluate the streets, including the condition of the street and the volume and type of traffic. Councilmember Hodges moved to approve the 1996 Street Renovation Project. Councilmember Terrell seconded the motion, which passed by unanimous vote. The Committee also discussed the 1998 Capital Improvements Program for Clark Field Municipal Airport. This involves property acquisition to expand the object free areas and runway protection zones at both ends of the north -south runways. The first phase of this project would require surveying and appraising the proposed acquisitions and developing a relocation plan. The cost to develop this estimate would be eligible for grant participation with 90% state funding and 10% local funding. The Committee also reviewed a proposed floor plan and elevation drawing submitted by Parker & Associates, to renovate the old Stephenville Bank and Trust building for City Hall. VII. AIRPORT ADVISORY BOARD --Capital Improvement Program for Clark Field Municipal Airport Councilmember Hodges moved that the Council approve Resolution 1996-6. Councilmember Shelton seconded the motion, which passed by unanimous vote. VIII0 APPROVAL OF COPS GRANT Councilmember Evans moved approval of the COPS Grant application. Councilmember Hillin seconded the motion, and it passed by unanimous vote. IX. CONSIDER CONTRACT AMENDMENT WITH SCHRICKEL, ROLLINS AND ASSOCIATES, INC. This contract amendment was brought about as a result of an administrative order from the Environmental Protection Agency. Councilmember Evans moved to amend the contract which will authorize Schrickel, Rollins, Inc. to provide plans and specifications of new sewer lines in the Clifton Heights watershed area for an additional amount not to exceed $10,600.00. Councilmember Hodges seconded the motion which passed by unanimous vote. Councilmember Evans moved to approve the Consent Agenda as follows: Regular Business Meeting -- July 2, 1996 X. CONSENT AGENDA A. Approval of Minutes 1. Business Meeting on June 4, 1996 2. Citizen's Discussion on June 4, 1996 3., Regular Business Meeting on June 4, 1996 4, Special Council Meeting on June 13, 1996 B. Appoint an Election Judge and an Alternation Election Judge for the City Special Election on August 10,1996 C. Bid Recommendation Water Meters Councilmember Corbin seconded the motion, and it passed by unanimous roll call vote. XI. CITY ADMINISTRATOR'S REPORT City Administrator Davis informed the Council that the Annexation Committee will meet on July 16. The Committee is gathering facts about the areas contained in the city's extraterritorial jurisdiction. Davis also reminded the Council of the dates set for the Budget Workshops. These dates are August 13, 14, and 15 at 5:30 p.m. XII. EXECUTIVE SESSION At 8:00 p.m., Mayor Pollan recessed the open portion of this meeting, and the Council went into executive session in compliance with the provisions of the Texas Open Meetings Act, Subchapter D., §551.072, Local Government Code, Vernon's Annotated Civil Statutes, in accordance with the authority contained in Deliberation Regarding Real Property. Block 6; and Lots H-2 and I; Block 7, City Addition, Stephenville, Erath County, Texas. Councilmembers Terrell and Corbin, each having filed an affidavit of conflict of interest, excused themselves from the executive session. Mayor Pollan recessed the Executive Session at 8:31 p.m. and called the Council back into open session. XM0 ACTION TAKEN ON ITEMS DISCUSSED IN EXECUTIVE SESSION No action was taken on matters discussed in Executive Session. xTv. ADJOURN There being no further business, Mayor Pollan adjourned the meeting at 8:32 p.m. I oral • '.5an, Mayor ATTEST: