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HomeMy WebLinkAbout2018-08-07 - Regular City Council4le"T*AS' TF*AS City of Stephenville Regular City Council Meeting Tuesday, August 7, 2018 at 5:30 PM The City Council of the City of Stephenville, Texas, convened on Tuesday, August 7, 2018, 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 Mayor Pro Tem Brady Pendleton Council Member Alan Nix Council Member Sherry Zachery Council Member Brandon Huckabee COUNCIL ABSENT: Council Member Carla Trussell Council Member Rhett Harrison OTHERS ATTENDING: Allen L. Barnes, City Administrator Staci L. King, City Secretary Randy Thomas, City Attorney I. Call to Order II. Pledge of Allegiance Council member Sherry Zachery led the Pledges of Allegiance to the United States and Texas flags. III. Invocation by Curt Plaxco, Stephenville Church of the Nazarene IV. Regular Agenda 1. Citizens' General Discussion Belinda Starnes and Kaitlyn Ruderer, on behalf of P.A.W.S (Pets Are Worth Saving), addressed the council regarding their special event, Woofstock, being held on November 3, 2018 in order to raise funds for the organization. P.A.W.S. is a non-profit that places pets in foster and long-term placement homes. Mayor Svien and Council member Pendleton agreed to share a $250 sponsorship for the event and challenged the remainder of the council to do so as well. 2. Set the Time, Date, and Location of Public Hearing on the Proposed Tax Rate MOTION by Alan Nix, second by Mark McClinton, to approve the following dates, times, and locations for two public hearings on the proposed tax rate: iii 1. Thursday, August 23, 2018 at 5:30 p.m. in the City Hall Council Chambers 2. Tuesday, August 28, 2018 at 5:30 p.m. in the City Hall Council Chambers CARRIED by unanimous vote. by the fallowing votes: Ayes: Mark McClinton, Brady Pendleton, Alan Nix, Sherry Zachery, and Brandon Huckabee 3. Set the Maximum Tax Rate for 2018 Monica Harris, Director of Finance, explained to the council that this vote did not set the tax rate for 2018, it only outlined the maximum that the council would consider for adoption. MOTION by Alan Nix, second by Brady Pendleton, to set the maximum 2018 tax rate to be considered as $0.5091 per $100 valuation. CARRIED. by the following votes: Ayes: Mark McClinton, Brady Pendleton, Alan Nix, and Brandon Huckabee Noes: Sherry Zachery 4. Consider Approval of Memorandum of Understanding with Stephenville Independent School District for School Resource Officer and K-9 Officer MOTION by Mark McClinton, second by Alan Nix, to approve the memorandum of understanding with Stephenville ISO for two school resource officers and one K-9 officer. CARRIED by unanimous vote. by the following votes: Ayes: Mark McClinton, Brady Pendleton, Alan Nix, Sherry Zachery, and Brandon Huckabee 5. Consider Approval of a Developer Agreement with Drini Real Estate for the Christy Plaza Traffic Signal MOTION by Mark McClinton, second by Sherry Zachery, to approve a developer agreement with Drini Real Estate for the installation of a traffic signal to be located at the intersection of West Washington and Christy Plaza. CARRIED by unanimous vote. by the fallowing votes: Ayes: Mark McClinton, Brady Pendleton, Alan Nix, Sherry Zachery, and Brandon Huckabee 6. Consider Approval of an Advance Funding Agreement with TxDOT for the Christy Plaza Traffic Signal MOTION by Mark McClinton, second by Sherry Zachery, to approve an advance funding agreement with TxDOT for the installation of a traffic signal to be located at the intersection of West Washington and Christy Plaza. CARRIED by unanimous vote. by the following votes: Ayes: Mark McClinton, Brady Pendleton, Alan Nix, Sherry Zachery, and Brandon Huckabee City Of Stephenville City Council - 07 Aug 2018 Page 2 of 9 V. Tourism and Visitors Bureau 1. Consider Approval of Hotel Occupancy Tax Fund Application for Lions Club Spooktacular SK,10K, and Half Marathon MOTION by Mark McClinton, second by Brandon Huckabee, to approve the HOT fund application for the Lions Club Spooktacular in the amount of $500. CARRIED by unanimous vote. by the following votes: Ayes: Mark McClinton, Brady Pendleton, Alan Nix, Sherry Zachery, and Brandon Huckabee 2. Consider Approval of Hotel Occupancy Tax Fund Application from Texas Association of Nippon Kenpo Robi Kunkel addressed the council regarding his event, the Cowboy Capital Karate Championship. Staff reported that while Mr. Kunkel's event met the criteria of a sporting event, he did not have any supporting documentation for his estimates of hotel stays or expenses. Concern was expressed over the fact that the event was only four days after the meeting and the Stephenville TVB branding would not be used in the advertising. MOTION by Brady Pendleton, second by Mark McClinton, to approve the HOT fund application from the Texas Association of Nippon Kenpo in the amount of $1500. DENIED by the following votes: Ayes: Mark McClinton and Brady Pendleton Noes: Alan Nix, Sherry Zachery, and Brandon Huckabee VI. Planning and Zoning Commission Jeremy Allen, Planning and Building Services Director 1. Case No.: SV2018-005: Applicant Rhyne Galley is requesting a subdivision waiver from Section 6.12 Utility Policy to be constructed at 2250 Tarleton, Stephenville, TX. This item was removed from the agenda at the property owner's request. 2. Consider Approval of Waiver from Section 6.12 Utility Policy of the City of Stephenville Subdivision Ordinance This item was removed from the agenda at the property owner's request. 3. Case No. ZA2018-002: Consider a recommendation to the City Council to amend the Zoning Ordinance by adding "Citizen Collection Station" as a Conditional Use (Special Use Permit) in the Permitted Uses within the Industrial District (I). This item was removed from the agenda to be heard at a later date. 4. Consider Approval of Ordinance No. 2018-0-_ Creating a Conditional Use for "Citizen Collection Station" in the Industrial (I) District This item was removed from the agenda to be heard at a later date. City Of Stephenville City Council - 07 Aug 2018 Page 3 of 9 5. Case No.: SUP2018-001: — Applicant Nix Manufacturing, LLC, is requesting a Conditional Use (Special Use Permit) for a "Citizen Collection Station" on a portion of 1.18 acre track located on Lot 1 & 2, Block 12 of the Shapard and Collins addition located at 750 Paddock, Stephenville, TX. [Citizen Collection Station— Specific Use Permit] This item was removed from the agenda to be heard at a later date. 6. Consider Approval of Ordinance No. 2018-0-_ Granting a Conditional Use Permit at 750 North Paddock This item was removed from the agenda to be heard at a later date. 7. Public Hearing Case No. ZA2018-003: Amend the City of Stephenville Zoning Ordinance, amending section 6.1, Zoning Districts at Section 6.1B permitted uses to allow "Restaurant with alcoholic beverage service" in the (B-1) Neighborhood Business District as a permitted use. 8. Public Hearing Case No. ZA2018-004:Amend the City of Stephenville Zoning Ordinance, amending section 6.2, Zoning Districts at Section 6.213 permitted uses to allow "Restaurant with alcoholic beverage service" in the (B-2) Retail and Commercial Zoning District as a permitted use. 9. Public Hearing Case No. ZA2018-005:Amend the City of Stephenville Zoning Ordinance, amending section 6.3, Zoning Districts at Section 6.38 permitted uses to allow "Restaurant with alcoholic beverage service" in the (B-3) Central Business District as a permitted use 10. Public Hearing Case No. ZA2018-006:Amend the City of Stephenville Zoning Ordinance, amending section 6.6, Zoning Districts at Section 6.68 permitted uses to allow "Restaurant with alcoholic beverage service" in the (1) Industrial District as a permitted use. 11. Public Hearing Case No. ZA2018-007:Amend the City of Stephenville Zoning Ordinance, amending section 6.7, Zoning Districts at Section 6.76 permitted uses to allow "Restaurant with alcoholic beverage service" in the (DT) Downtown District as a permitted use 12. Public Hearing Case No. ZA2018-008:Repeal section 6.7C (4) "Restaurant with alcoholic beverage service" as a Conditional (Special Use Permit) in the Stephenville Zoning Ordinance. 13. Public Hearing Case No. ZA2018-009: Repeal section 6.5 RESTAURANT -ALCOHOLIC BEVERAGE SERVICE (B-5) in the Stephenville Zoning Ordinance. Items 7-13 are all related to "Restaurant with Alcoholic Beverage" and therefore the public hearings were combined. Mayor Svien opened the public hearing at 6:12 p.m. Jeremy Allen, Director of Planning and Building Services, explained to council that the current zoning ordinance, which listed "Restaurant with Alcoholic Beverage" as a "special use", was in conflict with state law. By removing "Restaurant with Alcoholic Beverage" as City Of Stephenville City Council - 07 Aug 2018 Page 4 of 9 a special use, and repealing Restaurant - Alcoholic Beverage Service B-5 zoning, the city would be in alignment with state statute. Mayor Svien closed the public hearing at 6:14 p.m. Council member Alan Nix expressed his concern with the state's overreach in this area. He feels that just because a business can obtain a permit from the Texas Alcoholic Beverage Commission, they shouldn't be allowed to operate wherever they choose - cities should still be able to determine where restaurants with alcohol can or can't open. Council member Mark McClinton stated that he had heard concerns from residents regarding a restaurant with alcohol being allowed in areas backing up to residential areas. He suggested that the Planning and Zoning Commission look at whether restaurants are a good fit in any of the areas that border residential zoning. Mr. Allen explained that when a business applies for a permit from TABC, there is a waiting period in which protests can be made before a permit is issued. 14. Consider Approval of Ordinance No. 2018-0-_ Amending the Zoning Ordinance by Allowing "Restaurant with Alcoholic Beverage Service" and Repealing Restaurant - Alcoholic Beverage Service (8-5) District MOTION by Brady Pendleton, second by Sherry Zachery, to approve Ordinance No. 2018- 0-25 amending the zoning ordinance by allowing "Restaurant with Alcoholic Beverage Service" and repealing Restaurant - Alcoholic Beverage Service (B-5) District. MOTION CARRIED. by the following votes: Ayes: Brady Pendleton, Sherry Zachery, and Brandon Huckabee Noes: Mark McClinton and Alan Nix VII. Planning and Development Committee Report Brandon Huckabee, Chair 1. Committee Report Brandon Huckabee gave the committee report. 2. Consider Approval of Ordinance No. 2018-0-26 Amending the Section 156.12.37 of the Sign Ordinance MOTION by Mark McClinton, second by Brandon Huckabee, to approve Ordinance No. 2018-0-26 amending Section 154.12.37 of the sign ordinance. CARRIED by unanimous vote. by the following votes: Ayes: Mark McClinton, Brandon Huckabee, Brady Pendleton, Alan Nix, and Sherry Zachery 3. Consider Approval of Ordinance No. 2018-0-27 Amending Section 154.74 of the lR�t� Wireless Communication Facility Ordinance CI MOTION by Brady Pendleton, second by Mark McClinton, to approve Ordinance No. III City Of Stephenville City Council - 07 Aug 2018 Page 5 of 9 2018-0-27 amending section 154.74 of the wireless communication facility ordinance. CARRIED by unanimous vote. by the following votes: Ayes: Mark McClinton, Brady Pendleton, Alan Nix, Sherry Zachery, and Brandon Huckabee 4. Consider Approval of Ordinance No. 2018-0-28 Amending the Zoning Ordinance by Adding Section 154.20.3 Conditional Use Permits MOTION by Brandon Huckabee, second by Sherry Zachery, to approve Ordinance No. 2018-0-28 amending the Zoning Ordinance by adding Section 154.20.3 Conditional Use Permits. CARRIED by unanimous vote. by the following votes: Ayes: Sherry Zachery, Brandon Huckabee, Mark McClinton, Brady Pendleton, and Alan Nix 5. Consider Approval of Ordinance No. 2018-0-29 Amending the Zoning Ordinance by Adding Section 154.21.3 Variances MOTION by Brandon Huckabee, second by Brady Pendleton, to approve Ordinance No. 2018-0-29 amending the Zoning Ordinance by adding Section 154.21.3 Variances. CARRIED by unanimous vote. by the following votes: Ayes: Mark McClinton, Brady Pendleton, Alan Nix, Sherry Zachery, and Brandon Huckabee Vill. Public Works Committee Alan Nix, Chair 1. Committee Report Alan Nix gave the committee report. 2. Consider Approval of Contact Amendment with CH2MHILL/OMI for Wastewater Treatment Plant MOTION by Alan Nix, second by Mark McClinton, to approve the contract amendment with CH2MHILL/OMI for the Wastewater Treatment Plant. CARRIED by unanimous vote. by the following votes: Ayes: Mark McClinton, Brady Pendleton, Alan Nix, Sherry Zachery, and Brandon Huckabee 3. Consider Approval of Contract with Public Management, Inc. for grant administration services for the 2016 Community Development Block Grant GLO - Disaster Recovery Program. MOTION by Alan Nix, second by Mark McClinton, to approve the contract with Public Management, Inc. for grant administration services for the 2016 Community Development Block Grant GLO - Disaster Recovery Program. CARRIED by unanimous vote. by the following votes: City Of Stephenville City Council - 07 Aug 2018 Page 6 of 9 Ayes: Mark McClinton, Brady Pendleton, Alan Nix, Sherry Zachery, and Brandon Huckabee 4. Consider Approval of Contract with KSA for engineering services for the 2016 Community Development Block Grant GLO - Disaster Recovery Program. MOTION by Alan Nix, second by Mark McClinton, to approve the contract with KSA for engineering services for the 2016 Community Development Block Grant GLO - Disaster Recovery Program. CARRIED by unanimous vote. by the following votes: Ayes: Mark McClinton, Alan Nix, Brandon Huckabee, Brady Pendleton, and Sherry Zachery IX. Finance Committee Mark McClinton, Chair 1. Committee Report Mark McClinton gave the committee report. 2. Consider Approval of Ordinance No. 2018-0-30Approving the Fourth Quarter Budget Adjustments MOTION by Mark McClinton, second by Alan Nix, to approve Ordinance No. 2018-0-30 approving the fourth quarter budget adjustments for 2017-2018. CARRIED by unanimous vote. by the following votes: Ayes: Mark McClinton, Brady Pendleton, Alan Nix, Sherry Zachery, and Brandon Huckabee X. MONTHLY BUDGET REPORT Monica Harris, Director of Finance 1. Budget Report for the Period Ending June 30, 2018 MOTION by Mark McClinton, second by Brandon Huckabee, to approve the financial report as presented. CARRIED by unanimous vote. by the following votes: Ayes: Mark McClinton, Brady Pendleton, Alan Nix, Sherry Zachery, and Brandon Huckabee XI. Stephenville Type B Economic Development Authority Update Jeff Sandford, Executive Director, began by stating that he and his family are in Stephenville and are glad to finally be moved and settled in. So far, he has been going around and listening to what different people and different industries are looking for. Mr. Sandford also explained that, at the moment, SEDA was in discussion with various developers with projects totaling approximately $100 million dollars in valuation. He added that these processes can take time, and not all will come to fruition. SEDA has also been working with Tarleton State University to come up with ways to help Tarleton students and graduates enter the Stephenville work force. Mr. Sandford City Of Stephenville City Council - 07 Aug 2018 Page 7 of 9 was pleased to announce that Barefoot Market, a local business, was the first to sign a contract in Phase I of the Tarleton Crossing Project. XII. CONSENT 1. Consider Approval of Minutes • 03 July 2018 - Regular City Council Meeting 2. Consider Approval of Ordinance 2018-0-31 Ordering a Special Election for the Purpose of Amending the City of Stephenville Charter 3. Consider Approval of Resolution No. 2018-R-30 Approving the Chip Seal Project MOTION by Mark McClinton, second by Brady Pendleton, to approve the consent agenda as presented. CARRIED by unanimous vote. by the following votes: Ayes: Mark McClinton, Brady Pendleton, Alan Nix, Sherry Zachery, and Brandon Huckabee XIII. Comments by City Administrator • Council/SEDA workshop - Thursday, August 9, 5:30 p.m. - City Hall Training Room • Budget Work Session - Monday, August 13, 5:30 p.m. - City Hall Training Room - These may continue through Thursday, August 16 as needed • Texas Music City Work Session - Tuesday, August 21, 5:30 p.m. - Melody Mountain Ranch • Public Hearing on the 2018 Tax Rate and FY18-19 Budget - Thursday, August 23, 5:30 p.m. - City Hall Council Chambers • Public Hearing on the Tax Rate - Tuesday, August 28, 5:30 p.m. - City Hall Council Chambers • Regular City Council Meeting - Tuesday, September 4, 5:30 p.m. - City Hall Council Chambers • Bosque River Trail Phase II Celebration - Thursday, September 6, 7:00 p.m. Community Events • Household Hazardous Waste - Saturday, August 18 - RESIDENTS ONLY - Voucher Required • First Day of School - SISD - Wednesday, August 22 • Erath County United Way Fish Fry - Wednesday, August 22 - Newman Hall • First Day of Classes - TSU - Monday, August 27 • Downtown Farmers Market - Saturday, September 1 XIV. Comments by Council members Mark McClinton wanted to give thanks to everyone who contributed to the 4th of July celebration and recognize the man hours that go into planning and executing an event of that size. He also wanted to recognize Julie Smith for the celebration that she arranged in recognition of the downtown historical district designation. Mr. McClinton also recognized the 12U Royals baseball team; they were the underdogs at the state tournament and were able to rally and come together as a team to be the second best team in the state. He said not only did the young men play baseball well, but their sportsmanship was excellent as well. City Of Stephenville City Council - 07 Aug 2018 Page 8 of 9 Brady Pendleton wanted to remind everyone that Handsome Hunks of Erath County would be taking place on Friday, August 16, to benefit Meals On Wheels Erath County. Brandon Huckabee stated that Tarleton Crossing, as well as other new developments, were a victory for Stephenville and should be celebrated. XV. Adjourn The meeting was adjourned at 7:09 p.m. ATTEST: Staci L. Ing, City Secre ry City Of Stephenville City Council - 07 Aug 2018 Doug Svien, ayor Page 9 of 9