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HomeMy WebLinkAbout1997-06-17 - Special City CouncilMINUTES OF SPECIAL MEETING City of Stephenville - City Council TUESDAY, JUNE 179 1997 - 5:30 P.M. The City Council of the City of Stephenville, Texas, convened in special session on Tuesday, June 17, 1997, at 5:30 p.m., in the Council Chambers at City Hall, 354 N. Belknap Street, 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: Mayor Pro-Tem: Councilmen ers: John Pollan Bill Corbin Jerry B. Madkins Barbara Terrell Marshall Shelton Joel Hillin K. H. Conatser Bea Marin Absent: Billy Bob Hodges Others Attending: Don Davis, City Administrator Cindy L. Stafford, City Secretary Randy Thomas, City Attorney I. CALL TO ORDER. Mayor Pollan called the meeting to order at 5:30 p.m. and declared a quorum present. II. CONSIDER AN ORDINANCE ANNEXING 1,097.80 ACRES Jim Young, 1330 N. Lillian, Stephenville, requested the names and addresses of the residents of the proposed annexed area. He stated that there may be some legal problems in the manner in which the Council is pursuing this annexation. Young also stated that he had some petitions which he had planned to hand out to the council but will, instead, mail these petitions to the residents of the proposed annexed area. C. H. Ford, Route 5, Stephenville. He told the council that he did not know the City could annex property without the property owner's permission. He has lived at this location for more than 20 years, and is opposed to the annexation. He expressed concern that the water line is across the highway from his residence, and it would be difficult and expensive to extend that line under the highway. He informed the June 17, 1997 - Minutes of Special Meeting,,, uuu;31U Council that he does not need any services from the City. He said he bought his land because at that time it was in the country, and he intended to remain in the country. He asked the Council to consider land other than that in his vicinity for annexation. Donnie Bramlett, Route 5. Box 40, Stephenville: He said that he did not think the action that the Council was considering is right and was not well planned. He asked the Council to send this matter back to the Planning and Zoning Commission for further deliberation. Don Conn. Route 6, Box 340, Stephenville: He stated that he owns land in the area to be annexed. He addressed three specific areas. First, he stated was a matter of principle. He said that this action was of no advantage to the City and no advantage to him; therefore, he did not understand why the City is pursuing it. Second, he stated, was a legal issue. He said that there exist several legal questions that will have to be resolved before annexing. For example, he takes the position that his property is not contiguous with the City, therefore not eligible for annexation. He also stated that there is a question of ingress and egress. Third, was a political issue. He said that the procedure that the Council was taking left the property owners with no voice. Brad Allen, Route 1. Box 164, Stephenville stated that he agrees with most of the issues that had been raised in opposition of this annexation. He asked the Council to send this matter back to the Planning and Zoning Commission for further consideration. Following discussion by the Council, Mayor Pollan then made the following statement: "There have been some misunderstandings and confusion about the effect of the proposed annexation on the properties proposed to be annexed. I would like to address some of those misunderstandings. First, the agricultural exemptions will remain on those properties that presently have agricultural exemptions as long as they continue to qualify for that agricultural exemption. In other words, being inside the city will not effect that exemption. Next, being annexed into the city will not change the current use of the property unless that change is initiated by the owner. If a change is proposed, then that use would fall under the guidance of the Zoning Ordinance. Likewise, any existing building will remain as is. In other words, there will not be any required modifications or changes when the property is annexed. Again, if a change (addition/deletion/remodel) is initiated by the owner, then the building would have to comply with the city's building codes. June 17, 1997 - Minutes of Special Meeting There have been some questions regarding the zoning that will be applied to this property if it is annexed. I would recommend to the City Council that we instruct the Planning and Zoning Commission to initiate and work with the property owners to consider the appropriate zoning for the entire 1,100 acres. In this regard, I would recommend that the application fee be waived for this zone change. I know the Planning and Zoning Commission is presently working on an agricultural district. However, I doubt that the Planning and Zoning Commission's recommendations will be forthcoming in time to immediately affect this property. However, those proposed changes in the Zoning Ordinance could be considered during the time that the City is reviewing and recommending changes to the zoning classifications for this property. Councilmember Terrell moved to adopt Ordinance No. 1997-7 annexing 1, 087.80 acres of land. Councilmember Marin seconded the motion, which passed by the following vote: AYE Councilmember Madkins, Terrell, Marin, Corbin, and Mayor Pollan. NOES: Councilmembers Shelton, Hillin, Conatser. III. CONSIDER BID AWARD FOR NETWORK PRINTERS Councilmember Marin moved to award the bid for network printers to SureMicro, Inc. in the total amount of $10183 5.45. Councilmember Hillin seconded the motion which passed by unanimous vote. IV. EXECUTIVE SESSION At 6:18 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 Law, Subchapter D, Closed Meeting, §551.071(l)(A), Government Code, Vernon's Texas Codes, Annotated, in accordance with the authority contained therein concerning Consultation with Attorney regarding pending or contemplated litigation. A. Texas Parks & Wildlife Department, et al v. Texas Water Commission, et al; Cause No. 432,066; In the 98th Judicial District Court, Travis County, Texas B. City of Stephenville v. Cecil Ford (condemnation) C. Status of Delinquent Hotel/Motel Tax from Texan Inn At 7:08 p.m., Mayor Pollan called the council back into open session. June 17, 1997 -Minutes of Special Meeting 12,01 V. ACTION TAKEN ON ITEMS DISCUSSED IN EXECUTIVE SESSION Councilmember Terrell made a motion to 1) reapply for the appeal to the Texas Supreme Court, 2) contact the TNRCC to consider applying for a new permit, 3) contact the Brazos River Authority to subrogate its position as far as the application for the new permit, 4) go forward in hiring an engineering firm to consider alternatives to the City's water supply (both present and future), 5) contact the Somervell County Water District for consideration to jointly work through and with them on the Paluxry Reservoir, and 6) review our conservation program. Councilmember Corbin seconded the motion which passed by unanimous vote. V. ADJOURN There being no further business, Mayor Pollan adjourned the meeting at 7:10 p.m. Joy o Pollan, Mayor ATTEST: 'Cindy L. rd, eity Se ry June 17, 1997 - Minutes of Special Meeting h