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HomeMy WebLinkAbout1998-12-01 - Regular City CouncilMINUTES OF GENERAL BUSINESS MEETING City of Stephenville - City Council TUESDAY, DECEMBER 1, 1998 — 5:30 P.M. The City Council of the City of Stephenville, Texas, convened on December 1, 1998, at 5:30 p.m., in the Council Chambers at City Hall, 298 West Washington 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 John Moser Councilmembers Jerry B. Madkins Barbara Terrell Joel Hillin Marshall Shelton K. H. Conatser Rusty Jergins Bea Marin Bill Stanley Others Attending Don Davis, City Administrator Cindy L. Stafford, City Secretary Randy Thomas, City Attorney I. CALL TO ORDER. Mayor Moser called the meeting to order at 5:35 p.m. and declared a quorum present. City Administrator Don Davis expressed appreciation to Elwood Hoherz for his service to the city as Interim Police Chief. Mayor Moser then read and presented the attached resolution to Chief Hoherz. Hoherz told the council that he was gratified that Don Davis had asked him to fill this position. He said that he has enjoyed his term in Stephenville, especially working with the Stephenville Police Department. He complimented the city staff and said he had enjoyed working with Davis and his directors. General Business Meeting— December 1, 1998 Page 1 H. CITIZENS' GENERAL DISCUSSION No one spoke to the council. III. PLANNING AND ZONING COMMISSION Mayor Moser announced the opening of a public hearing to consider rezoning from I "Industrial District/Manufactured Housing District ", 1.0 acre, Wm. Sims Survey, Abstract 683, Erath County, Texas, known as 615 Lower Granbury Road. Betty Chew, Director of Community Development, gave the following staff report: The Planning and Zoning Commission has considered this request and is recommending this rezoning. The Comprehensive Plan's projected land use for the property is industrial. The proposed MH zoning will allow the property owner to place a mobile home on this tract of land. Property will be served from a six -inch water main located in the Old Granbury Road right of way, and there is an existing water tap serving the property. Property will be served from extension of an eight - inch sanitary sewer main located north of the site. Owner will be required to extend the sewer main to service the property. Property has frontage on Old Granbury Road, and fire protection is provided by fire hydrants spaced along the Old Granbury Road right of way. Property is bound on all sides by I "Industrial District" zoning. Speaking in Support of the Rezoning: Frank Garcia, 360 East Road, Stephenville, Texas, who is the owner of subject property. He asked the council to grant this rezoning so that he could place a manufactured house on the property to replace his house which was lost to a fire in 1994. Jean Riggs, 525 East Road, Stephenville, Texas, made an emotional plea to the council to grant this request, recounting the event which claimed Mr. Garcia's house. Roy Chitty, 107 Beach Drive, Stephenville, Texas, also asked the council to vote in favor of the rezoning. Bob Kimball, urged the council to rezone this property. He also suggested to the council that another study be made of property inside the city and consideration given to rezoning some of the properties. Speaking in Opposition of the Rezoning: No one. Mayor Moser closed the public hearing and asked for council discussion. General Business Meeting— December 1, 1998 Page 2 Council member Conatser stated for the record, "I hope I have many friends in Stephenville, but I have no friends that I'm any more proud of than Frank and Esther Garcia. They're the best neighbors anybody could have." Council member Jergins moved to adopt ordinance No. 1998 -25 rezoning from I "Industrial District/Manufactured Housing District ", 1.0 acre, Wm. Sims Survey, Abstract 683, Erath County, Texas, known as 615 Lower Granbury Road and waiving the filing fees. Council member Shelton seconded the motion. The motion passed by unanimous vote. Mayor Moser announced the opening of a public hearing to consider rezoning from B -2 "Secondary and Highway Business District' ' to R -3 "Multiple Family Residential District ", south part of Lot 2A, part of Lot 3, Block 1; and Lots 1, 2, and 3, Block 2, Crow Styles Addition, known as 1424, 1457, 1465, and 1485 North McCart. Betty Chew gave the staff report. The Comprehensive Plan projected land use is residential. If granted, the R -3 zoning would bring the existing single - family dwellings into compliance as primary uses; and, in some cases, would allow for enlargement, upgrading, and rehabilitation of these dwellings. The properties: 1) are served from a six-inch water main located in the McCart Street right of way; 2) are served from a six -inch sanitary sewer main located in McCart Street right of way; 3) have frontage on McCart Street and are adjacent to Lingleville Road. Fire protection is provided by fire hydrants located on the southwest comer of Lingleville Road and McCart Street and on the northeast corner of Park and McCart Streets. Subject properties are bound to the north by B -2 and R -1; to the south by R -3; and to the east and west by B -2. The Planning and Zoning Commission recommends this rezoning. Speaking in Favor of the Rezoning: No one Speaking in Opposition of the Rezonine: No one Council member Marin moved to adopt ordinance No. 1998 -26 rezoning from B -2 "Secondary and Highway Business District" to R -3 "Multiple Family Residential District ", south part of Lot 2A, part of Lot 3, Block 1; and Lots 1, 2, and 3, Block 2, Crow Styles Addition, known as 1424, 1457, 1465, and 1485 North McCart and waiving the filing fee. Council member Stanley seconded the motion which passed by unanimous vote. Mayor Moser announced the opening of a public hearing to consider amending the City of Stephenville Zoning Ordinance Section XV Sign Regulations pertaining to billboards. General Business Meeting— December 1, 1998 Page 3 Betty Chew gave the report, stating that the Planning and Zoning Commission recommends this amendment, which provides for prohibiting billboards in the city. The commission further recommends that when the current leases between billboard owners and property owners expire that the existing billboards within the city be removed by the billboard owners. Harvey Haynes, Chairman of the Planning and Zoning Commission, was present and answered specific questions from the audience. SpeakinR in Favor of the Issue: No one Speaking in ODDosition to the Issue: No one. Mayor Moser closed the public hearing. Council member Terrell moved to adopt ordinance No. 1998 -27 amending Section XV "Sign Regulations" of the Zoning Ordinance of the City of Stephenville, Texas, which sets out regulations for the size, height, and location of advertising signs within the City of Stephenville, Texas. Council member Hillin seconded the motion, which passed by the following vote: Ayes: Council members Madkins, Terrell, Hillin, Stanley, and Mayor Moser. Noes: Council members Shelton, Conatser, Jergins, and Marin. Mayor Moser announced the opening of a public hearing to consider amending the City of Stephenville Zoning Ordinance to provide landscape regulations. Harvey Haynes, Chairman of the Planning and Zoning Commission, made this report. Haynes stated that the P &Z Commission has been working on this project for over two years. Landscape ordinances from comparable -size cities were studied, and numerous public hearings were held during this time. Speaking in Favor of this Issue: No one. Betty Heath, 468 North Paddock, Stephenville, Texas, said she is concerned about the effect the proposed ordinance has on smaller lots. Lavinia Lohrmann, 898 North Neblett, Stephenville, Texas, said that she is concerned about the impact this ordinance will have on enforcement of this and other ordinances. Speaking in Opposition of this Issue: James O. Bachus, Lot 24, North Side Subdivision, Stephenville. He furnished the council with a handout, "Protest of Landscape Ordinance" (attached). Bachus' General Business Meeting — December 1, 1998 Page 4 concerns are in the business section of the ordinance. He said the proposed ordinance will drive up the cost of planning and fin ther creates a hardship because there is no landscape architect in this area. He said the closest landscape architect is in Granbury, and her minimum fee is $1,000. Frances Nix, 1040 Counts, Stephenville, said that she is not a builder or developer — "just a homeowner ". She said this is another example of government taking away rights from a private citizen. She said that this sort of thing "starts in Washington DC and comes right on down through the state" and to the city. Loy Jones, 2430 Mimosa, Stephenville, said that he was not willing to give up his right to landscape his property as he chose to. Don Peacock, 600 Diana Lane, Stephenville, said that the proposed ordinance is excessive and is hard on small businesses. Carl Holland, 1025 North Paddock, Stephenville, said there are more urgent problems in the city that need attention, i.e., potholes, installing curb and gutter, and proper drainage. Mayor Moser closed the public hearing. Council member Madkins moved to not approve the Landscape Ordinance and leave the current ordinance in existence. Council member Shelton seconded the motion. Council member Stanley moved to table the above motion. Council member Hillin seconded the motion which carried by the following vote: Ayes: Council members Terrell, Hillin, Stanley, Jergins, and Marin. Noes: Council members Madkins, Shelton, and Conatser. Council member Terrell moved that the Planning and Zoning Commission meet with the City Council to work on the Landscape Ordinance. Council member Stanley seconded the motion, which passed by the following vote: Ayes: Council members Terrell, Shelton, Hillin, Stanley, Jergins, and Marin. Noes: Council members Madkins and Shelton. IV. CONSIDER PROPOSAL FOR GEOGRAPHIC INFORMATION SYSTEMS GRANT City Administrator Don Davis explained that there is a possibility of receiving a grant through the Environmental Systems Research Institute to acquire and set up a GIS software program to complement and upgrade the city's existing AutoCAD General Business Meeting— December 1, 1998 Page 5 computer system. Davis said that this will take our existing system to another level and enable us to further integrate with the Central Appraisal District and ultimately develop a database. This fits with our long -range plan for computer upgrade. Council member Madkins moved to approve the grant application and authorize staff to submit this grant application for GIS software and training. Council member Terrell seconded the motion, which passed by unanimous vote. Council member Jergins moved to approve up to $3,000.00 for the minor upgrade of the computer if necessary. Council member Conatser seconded the motion, which passed by unanimous vote. V. REPORT FROM NOMINATIONS COMMITTEE — Appointments to Boards and Commissions Council member Conatser gave this report. He pointed out that one commissioner's place on Planning and Zoning Commission will need to be determined by the full council as the vote of the Nominations Committee resulted in a tie. Council member Madkins moved to approve all board and commission appointments (listed below) except for Planning and Zoning Commission. Council member Jergins seconded the motion, which passed by unanimous vote. Plumbing Board Place 1 Larry Hammett Place 3 J. D. Walker Place 5 Bobby Mangrum Place 7 Dan Rivers Board of Adjustment Airport Advisory Board Robert Fain Place 1 Robert McBride Vernon Sweeney Place 3 Charles Roe Jo Ann Phillips Place 5 Alvin Hoag Ed Schulze (alternate) Place 7 Dwayne Snider Building Board Dangerous Buildings Abatement Board Place 1 David Jaquess Place I Brad Chilton Place 3 Danny Phillips Place 3 Bob Kimball Place 5 Steve Bowman Place 5 Alvin Essenburg General Business Meeting — December 1, 1998 Page 6 Mechanical Board Place 1 Bobby Mangrum Place 3 Roger Easter Place 5 George Frazor Electrical Board Place 1 Johnny Davis Place 3 Richard McDonald Place 5 Jon Bragg Library Advisory Board Dr. Mary Jo Clendenin Parks and Recreation Advisory Board Steve Gunn Annette Bradberry Harold Campbell Senior Citizens Advisory Board Ron Dorris Discussion was had by the council on the procedure for electing commissioners to the Planning and Zoning Commission. Council member Mann moved to elect Glen Moody to Place 9 of the Planning and Zoning Commission. Council member Conatser seconded the motion, which passed by unanimous vote. Council member Conatser moved to vote on all other candidates for Planning and Zoning Commission individually. City Attorney Randy Thomas advised that a motion was not necessary and that individual nominations could be considered. Council member Marin moved to approve the entire remaining slate to the Planning and Zoning Commission as recommended by the Nominations Committee as follows: Place 1, Beth Leschper; Place 3, Dr. Hussain Ali Jafri; Place 4, John Pollan; and Place 5, Metta Collier. Council member Terrell seconded the motion, which failed by the following vote: Ayes: Council members Mann, Hillin, and Terrell, and Madkins (abstaining). Noes: Council members Jergins, Conatser, Stanley, Shelton, and Mayor Moser. Mayor Moser suggested that the council consider all applications that were submitted for selection to the Planning and Zoning Commission. Council member Terrell moved to eliminate the Nominations Committee if the council was not going to take the recommendation which came from this committee. Council member Jergins seconded the motion. City Attorney Thomas advised that no action could be taken on this matter since it was not on the agenda for this meeting. Council member Jergins rescinded his second, and Council member Terrell rescinded her motion. General Business Meeting— December 1, 1998 Page 7 Council member Conatser moved to vote on each place individually for the Planning and Zoning Commission. Council member Madkins seconded the motion, which passed by unanimous roll call vote. Council member Terrell moved to elect Beth Leschper to Place 1, Planning and Zoning Commission. Council member Madkins seconded the motion, which passed by the following vote: Ayes: Council members Madkins, Terrell, Hillin, Stanley, and Conatser. Noes: Council members Shelton, Jergins, and Marin. Council member Terrell moved to elect Dr. Hussain Ali Jafri to Place 3, Planning and Zoning Commission. Council member Madkins seconded the motion, which passed by unanimous roll call vote. Council member Terrell moved to elect John Pollan to Place 4, Planning and Zoning Commission. Council member Marin seconded the motion, which failed by the following vote: Ayes: Council members Marin, Hillin, Terrell, Madkins. Noes: Council members Jergins, Conatser, Stanley, Shelton, and Mayor Moser. Council member Terrell moved to elect Metta Collier to Place 5, Planning and Zoning Commission. Council member Madkins seconded the motion, which passed by unanimous roll call vote. Council member Terrell moved to elect Harvey Haynes to Place 7, Planning and Zoning Commission. Council member Shelton seconded the motion, which passed as follows: Ayes: Council members Madkins, Terrell, Shelton, Hillin, Stanley, and Conatser. Noes: Council members Jergins and Marin. Council member Madkins moved that the election of a Planning and Zoning Commissioner to Place 4 be deferred until the special council meeting on December 15, and that the council be furnished with all applications that were filed for a position on the Planning and Zoning Commission. Council member Conatser seconded the motion which passed by unanimous vote. General Business Meeting— December 1, 1998 Page 8 VI. REPORT FROM THE WATER PLANNING COMMITTEE — Consider Sending Letter to TNRCC Concerning the Upper North Bosque River Segment 1255 being Designated as Impaired Council member Terrell reported that she is a member of the Brazos River Authority Clean Rivers Steering Committee. Stephenville is on the 303D list, which means that our river water is considered to be impaired. The Texas Natural Resource Conservation Commission is meeting on the December 15 to hear comments on this situation. Council member Madkins moved to have staff send the attached draft a letter to the TNRCC and include a request that the city be evaluated based on point source. Council member Shelton seconded the motion, which passed by unanimous vote. Council member Jergins moved to approve the consent agenda as follows: VII. CONSENT AGENDA A. Approval of Minutes 1. Regular Business Meeting on November 3, 1998 2. Special Council Meeting on November 17, 1998 B. Bid Specifications —Street Repair Materials Council member Madkins seconded the motion which passed by unanimous roll call vote. II. CITY ADMINISTRATOR'S REPORT Davis had nothing to report, but asked council members to be sure to take their December calendars and note all scheduled meetings. III. EXECUTIVE SESSION. At 8:05 p.m., Mayor Moser recessed the open portion of the meeting and called the council into executive session in compliance with the provisions of the Texas Open Meetings Law, Subchapter D, Local Government Code, Vernon's Texas Codes, Annotated, in accordance with Sec. 551.072 Deliberate the purchase, exchange, lease, or value of real property and Sec. 551.071(1)(A) Private consultation between the City Council and its attorney to discuss pending or contemplated litigation. A. Cause No. 4722 -97CV, Erath County Court at Law, City of Stephenville v. Cecil Ford General Business Meeting— December 1, 1998 Page 9 B. Cecil G. Ford v. City of Stephenville; Wrongful Mowing Claim C. Municipal Service Center Site i At 8:30 p.m., Mayor Moser called the council back into regular session. IV. ACTION TAKEN ON MATTERS DISCUSSED IN EXECUTIVE SESSION (if necessary) Council member Conatser moved to accept the offer received from Glynn Stewart through Mike Craft Realty to exchange certain properties owned by him on Highway 67 for certain properties owned by the city at Swan and Harbin Streets. Council member Stanley seconded the motion which passed by the following vote: Ayes: Council members Madkins, Shelton, Stanley, Conatser, and Jergins. Noes: Council members Terrell, Hillin, and Madkins. V. ADJOURN There being no further business, the meeting adjourned at 8:35. Jo oser, Mayor ATTEST: ILI Cindy L. S ford, City SeHary General Business Meeting— December 1, 1998 Page 10 AN ORDINANCE CLASSIFICATION Housing District ". ORDINANCE NO. 1998 - 25 REZONING THE LAND DESCRIBED FROM THE ZONING OF I "Industrial District" to I /MH "Industrial Distria/Manufactured BE IT ORDAINED BY THE.CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: That certain land in the City of Stephenville being 1 acre, William Sims Survey, Abstract 683, Erath County, Texas, known as 615 Lower Granbury Road. and it is hereby rezoned and the zoning classification changed from the classification of I "Industrial Distri ct" to I "Industrial District/Manufactured Housing District", in accordance with the Zoning Ordinance of the City of Stephenville. PASSED AND APPROVED this the first day of December, 1998. John oser, Mayor ATTEST: Cindy .i . f! d by Donald B. D. City Administrator Randy Thomas, City Attorney Approved as to form and legality uw¢owe.00c -- ORDINANCE NO. 1998 - 26 AN ORDINANCE REZONING THE LAND DESCRIBED FROM THE ZONING CLASSIFICATION OF B_2 "Secondary and Highway Business District' to 3-3 "Multiple - Family Residential District." BE IT ORDAINED BY THE•CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: That certain land in the City of Stephenville being S. Pt. Lot 2A, Pt. 3, Block 1; and Lots 1, 2, 3; Block 2; Crow Styles Addition, Erath County, Texas. and it is hereby rezoned and the zoning classification changed from the classification of BB =2 "Secondary and Highway Business District" to R-3 "Multiple - Family Residential District', in accordance with the Zoning Ordinance of the City of Stephenville. PASSED AND APPROVED this the first day of December, 1998. John ser, Mayor ATTEST: I�r i Reviewed by Donald B. Davis, City Administrator Randy Thomas, City Attorney Approved as to form and legality ORDINANCE NO. 1998 -27 AN ORDINANCE AMENDING SECTION XV "SIGN REGULATIONS" OF THE ZONING ORDINANCE OF THE CITY OF STEPHENVILLE, TEXAS, WHICH SETS OUT REGULATIONS FOR THE SIZE, HEIGHT, AND LOCATION OF ADVERTISING SIGNS WITHIN THE CITY OF STEPHENVILLE, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: SECTION XV, "SIGN REGULATIONS" OF THE ZONING ORDINANCE OF THE CITY OF STEPHENVILLE IS HEREBY AMENDED BY ADDING SUBSECTION III G. AND DELETING SUBSECTION XIII B. AND SHALL READ AS FOLLOWS: III. PROHIBITED SIGNS G. Billboards. All billboards located in the City of Stephenville on the effective date of this ordinance will be allowed to remain, until expiration of the current lease between the billboard owner and the property owner. The billboard owner shall be responsible for removal of the billboard at the end of the current lease period. Effective December 1, 1998. XIII. SIGN REGULATIONS - I DISTRICT The following regulations shall apply "I" District: DELETE `B ". Effective December 1, 1998. PASSED AND APPROVED this the first day of December, 1998. lohtser, Mayor ATTEST: Cindy Stafford, Vkr Secretary Reviewed by Donald B. Davis, City Administrator Randy Thomas, City Attorney Approved as to form and legality SIGNUG WC