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HomeMy WebLinkAbout1998-09-01 - Regular City CouncilMINUTES OF GENERAL BUSINESS MEETING City of Stephenville - City Council TUESDAY, SEPTEMBER 1, 1998 - 7:00 P.M. The City Council of the City of Stephenville, Texas, convened on September 1, 1998, at 7:00 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 Councilmembers Others Attending I. CALL TO ORDER. John Moser Jerry B. Madkins Barbara Terrell Joel Hillin Marshall Shelton K. H. Conatser Rusty Jergins Bea Marin Bill Stanley Don Davis, City Administrator Cindy L. Stafford, City Secretary Randy Thomas, City Attorney Mayor Moser called the meeting to order at 7:00 p.m. and declared a quorum present. H. CITIZENS' GENERAL DISCUSSION No one addressed the council. III. DISCUSS OPEN MEETINGS ACT - -BILL OXFORD, COUNTY ATTORNEY This item was removed from the agenda. September 1, 1998 Agenda Page 1 IV. PLANNING AND ZONING COMMISSION Mayor Moser announced the opening of a public hearing to consider rezoning Lot 27A, Block 13, Sims Addition, known as 1617 East Washington Street, from B -2 "Secondary and Highway Business District" to B -4 "Private Club District'. Betty Chew gave the following staff report on the subject property: Bruce Holden is the owner of the property, which meeting the Parking Space Regulations requiring one parking space for each fifty square feet of floor area. The building contains 7,800 square feet. The property is served from a sixteen inch water main located in the East Washington Street right of way and from a six inch sanitary sewer main located adjacent to the property on the eastern side property line. The property has frontage on East Washington Street, and fire protection is provided by fire hydrants located on the southeast corner of East Washington Street and Byron Street. The subject property is bound to the north, east, and west by B -2 "Secondary and Highway Business District' zoning and to the south by I "Industrial District zoning and R -1 "Single- Family Dwelling district' zoning. Chew advised that the Planning and Zoning Commission is recommending that this zoning change request be denied. Speaking in Favor of the Rezoning: Bruce Holden, owner of the property, spoke first. He said many people have expressed an interest in reopening this property as a private club. He reminded the council that this property operated as a private club for about 12 years. He said it would be operated as a "strictly 21 and over" private club without any minors allowed on the premises. He said he currently operates a small private club (The Waterhole) adjacent to Tejas Golf Course, which is a 21 and over club. He said restricting admittance to over 21 is not a legal requirement, but is his choice in operating this business. He offered information which he had received from the State Comptroller as follows: For calendar years 1996 and 1997, the tax paid on alcoholic beverage sales were $327,000 (annual average), which represents annual sales in excess of $2.3 million. He introduced for the council letters of support from area residents an d business owners. Jeff Fergason also spoke in favor of the rezoning request. He said that the numb( of police calls represented by the opposition to this issue are exaggerated, and tl most of the problems which existed in the past at the Dodge House were caused persons under 21 being allowed in the club. He said that the residents of Spri Branch Addition (situated across the highway from subject property) have no leg basis to oppose this request. September 1, 1998 Agenda Page 2 Speaking in Opposition of the Rezoning: Marty Wrinkle presented a petition which he said most of the Spring Branch residents had signed. He said all residents on Byron Street are impacted by what happens with the old "Dodge House" property. Wrinkle has lived on Byron Street since 1973, and he said he does not look forward to living near a private club again and having to deal with the traffic, noise, public drunkenness, and litter which have been the result of the patrons of the private club. He said there are plenty of other places to go in Stephenville if someone wants to have alcoholic beverages. Pat Wrinkle said the Dodge House was operating as a Dodge automobile dealership when she and her husband bought their property on Byron Street. She questioned the cost of opening another private club in Stephenville, and said that it is a "quality of life" issue versus economic gain. She said the community shouldn't "sell out" for tax recovered from the sale of alcoholic beverages. She listed some of the problems dealt with during the time the Dodge House operated as a private club: people parking their vehicles in residents' yards, urinating in residents' yards, and littering. Audrey Keck said that many of the reasons sheds opposed to this rezoning have already been presented. She said it is upsetting to her to think of having to deal with the problems now that they have dealt with in the past when the Dodge House was open as a private club. She said the lifestyle exhibited by patrons of private clubs is in direct contradiction to the type of lifestyle they are trying to teach their children. Steve Keck gave some facts and figures about the Dodge House private club as follows: 1) from 1986 to 1993 there were 32 violations of law, five were open saloon, three involved minors, and one was sale of alcohol to an intoxicated person. 2) from 1983 to 1986, he personally made 268 phone calls to the Stephenville Police Department about problems in that location; 3) from 1988 to 1993, there were 32 accidents in the 1600 block of East Washington, one resulting in the death of the person crossing Washington from the Dodge House. He said there are many other problems besides inconvenience to the residents of Byron Street. He reminded the council that the Planning and Zoning Commission have recommended against this zoning change and that the council should do the same. Mayor Moser closed the public hearing, and discussion was had among the council members. Councilmember Madkins moved to deny Bruce Holden's request for a zoning change. Councilmember Hillin seconded the motion which passed by a unanimous roll call vote. September 1, 1998 Agenda Page 3 V. REQUEST OF CECIL FORD Ford stated that his property had been mowed on July 5, 1997 by a contractor of the City of Stephenville. He claimed that during the mowing of the property, trees and shrubs were also mowed down by this contractor. Ford submitted a request for replacement of the trees and shrubs in the total amount of $812.00. He said this covers two liveoak trees @ $120.00 each, eight flameleaf sumac trees @ $37.50 each, and 17 Japonica shrubs @ $16 each. Mayor Moser instructed the council to dispense with discussion of this item in open session until the council meets in executive session. VI. LIBRARY ADVISORY BOARD REPORT A. Appointment of Representative Member from the Twentieth Century Club Councilmember Marin moved to appoint Eloise Horak to the Library Advisory board in accordance with the recommendation by the Twentieth Century Club. Councilmember Shelton seconded the motion, which passed by unanimous vote. B. Appointment to the North Texas Regional Library System Councilmember Conatser moved to appoint Dr. Mary Jo Clendenin and Eloise Horak as representative members to the North Texas Regional Library System. Councilmember Hillin seconded the motion, which passed by unanimous vote. VII. SOLID WASTE MANAGEMENT COMMITTEE REPORT -- Household Hazardous Waste Councilmember Jergins moved to amend the existing interlocal agreement with the City of Fort Worth to allow for additional households to participate in the household hazardous waste program and authorize the Mayor to execute Contract No. 23457 (attached). Councilmember Mann seconded the motion, which passed by unanimous vote. VIII. PUBLIC HEALTH AND SAFETY COMMITTEE REPORT A. Harbin Drive Speed Limit Councilmember Marin reported that the committee wanted to notify all residents of Harbin Drive of the possible change in speed limit and give them the opportunity to September 1, 1998 Agenda Page 4 Speak at a subsequent Public Health and Safety Committee meeting. Also, the committee recommends that the council request that TxDOT conduct a traffic study of certain areas in town. Councilmember Marin moved to authorize the Mayor to request from Texas Department of Transportation a speed study of Washington Street (Graham to the South Loop), FM 988 (FM 8 to US 377/67), and FM 8 (Graham to FM 988). Councilmember Madkins seconded the motion, which passed by unanimous vote. B. High School Parking Councilmember Marin moved to establish no parking zones Monday through Friday, 8am to 4pm on the south side of Overbill Drive from its intersection with FM 988 to its intersection with Dale Street and on the west side of Dale Street from Overbill Drive to the fire lane south of the high school, and establish a two -hour parking zone on the north side of Overbill Drive from its intersection with FM 988 to its intersection with Dale Street. Councilmember Jergins seconded the motion, which passed by unanimous vote. C. Frey Street Parking Chief Bob Hooper, Tarleton Police Department, requested that there be no parking in the 1700, 1800, and 1900 blocks of Frey Street. The committee had determined that this would have a great impact on the residents along this portion of Frey Street as parking is presently prohibited on the north side of Frey Street. Councilmember Marin moved to deny Chief Hooper's request. Councilmember Madkins seconded the motion, which passed by unanimous vote. D. Key Policy Councilmember Marin reported that the city staff has been instructed to draft a policy regarding the issue of keys to all city property. This will be brought to the committee at a future date. IX. PERSONNEL COMMITTEE -- Consider Amending Article H, Section 2 -40 of the Code of Ordinances Councilmember Madkins moved to adopt Ordinance No. 1998 -1(A mending the ordinance providing for appointment and removal of city employees; restriction on City Council, by adding "The appointment of all employees under the direct supervision of the City Administrator shall require approval by the City Council. The removal of the same employees shall be after consultation with the City Council. Councilmember Conatser seconded the motion, which passed by unanimous vote. September 1, 1998 Agenda Page 5 X. PLANNING AND DEVELOPMENT COMMITTEE REPORT - A. Municipal Service Center Master Plan Councilmember Jergins introduced David Duman who reviewed the Master Plan for the Municipal Service Center. Duman said that his company, together with input from city staff, have tried to determine the needs for the MSC now and in the future (20+ years). Consideration was given to the need for land, material and equipment storage, possible functions that may be added to the MSC in the future, such as fuel, wash, fleet maintenance. An all- encompassing look was taken with the service center facility. When compiling the summary, the total of all areas needed came to approximately 9.8 acres. Using that figure for land space, a cost projection was determined for various alternate sites and building locations. Four different cost projections were drawn up, varying from $4.6 million to $5.3 million. After looking at what the city presently needed, the project was broken down into phases. Estimated cost of what is determined to be the very basic current needs for the city in a service center facility, is $1.6 million. Discussion of the site for the service center will be conducted in the executive session. B. Request from Tarleton State University for participation in drainage improvements in Tarleton Street Councilmember Jergins reported that the city's participation has been requested by Tarleton State University for improvements along Tarleton Street. Councilmember Marin moved for the city to construct a six foot sidewalk on the south side of Tarleton Street between the new parking lot and St. Peter Street, including a handicap ramp, for a cost not to exceed $6,000.00. Councilmember Conatser seconded the motion. Councilmember Jergins abstained from voting, having filed a conflict of interest affidavit with the City Secretary. The motion passed as follows: Ayes: Councilmembers Madkins, Terrell, Shelton, Hillin, Stanley, Conatser, Marin, and Mayor Moser. Noes: None Abstentions: Councilmember Jergins C. Byron Street Specifications Councilmember Jergins moved to approve the plans and specifications for the Byron Street reconstruction project. Councilmember Terrell seconded the motion, which passed by unanimous vote. September 1, 1998 Agenda Page 6 Councilmember Madkins moved to approve the Consent Agenda as follows: XI. CONSENT AGENDA A. Approval of Minutes 1. Special Meeting on July 27,1998 2. Regular Business Meeting on August 4, 1998 3. Special Meeting on August 18, 1998 4. Special Meeting on August 25,1998 B. Bid Awards - -Truck Mounted Hoist C. Second Reading of the Northland Cable Television Proposed Ordinance Councilmember Jergins seconded the motion, which passed by unanimous roll call vote. XII. CITY ADMINISTRATOR'S REPORT City Administrator Don Davis stated that he had nothing to report. XIIL EXECUTIVE SESSION At 8:47 p.m., Mayor Moser recessed the open portion of this meeting and called the council into executive session in compliance with the in compliance with the provisions of the Texas Open Meetings Law, Subchapter D, Local Government Code, Vernon's Texas Codes, Annotated, in accordance with §551.072 Deliberate the purchase, exchange, lease or value of real property and §551.071(1)(A) Private consultation between the City Council and its attorney to discuss pending or contemplated litigation, and §551.074(a)(1) Deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee. A. Acquisition of Real Property 1. Municipal Service Center (P &D Committee Report) 2. West Side Development Project (P &D Committee Report) 3. College Farm Road Bridge (P &D Committee Report) B. Cecil Ford At 10:33 p.m., Mayor Moser called the council back into regular session. September 1, 1998 Agenda Page 7 XIV. ACTION TAKEN ON MATTERS DISCUSSED IN EXECUTIVE SESSION (if necessary) Councilmember Madkins moved to prorate the costs of the West Side Development among all participants in the development. Councilmember Shelton seconded the motion, which passed by unanimous vote. Councilmember Jergins moved to acquire the appropriate rights of way for the West Side Development project and realign the Frey Street extension to allow for the electrical transmission standards. Councilmember Madkins seconded the motion, which passed by unanimous vote. Councilmember Jergins moved to acquire additional right of way for the College Farm Road Bridge and to realign the bridge and to fund 10% of the additional costs associated with that project. Councilmember Madkins seconded the motion, which passed by unanimous vote. Councilmember Stanley moved to postpone for one month the consideration of the purchase of property for the service center site until further study is made. Councilmember Shelton seconded the motion, which passed with the following vote: Ayes: Councilmembers Jergins, Conatser, Stanley, Hillin, Shelton, and Madkins. Noes: Councilmembers Marin and Terrell. XV. ADJOURN There being no further business, the meeting was adjourned at 10:48 p.m. QWv-vl J00 Moser, Mayor ATTEST: Km PRO, .,vl MYRA � ry, I General Business Meeting -- August 4, 1998 Stephenville City Council ORDINANCE NO. 1998-16A AN ORDINANCE AMENDING TFIE ORDINANCE PROVIDING FOR APPOINTMENT AND REMOVAL OF CITY EMPLOYEES; RESTRICTION ON CITY COUNCIL, BY ADDING "THE APPOINTMENT OF ALL EMPLOYEES UNDER THE DIRECT SUPERVISION OF THE CITY ADMINISTRATOR SHALL REQUIRE APPROVAL BY THE CITY COUNCIL. THE REMOVAL OF THE SAME EMPLOYEES SHALL BE AFTER CONSULTATION WITH THE CITY COUNCIL." BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: Section 2 -40 of the Code of Ordinances of the City of Stephenville is hereby amended as follows: "The City Administrator shall have the authority to appoint and remove all city employees. The appointment of all employees under the direct supervision of the City Administrator shall require approval by the City Council. The removal of the same employees shall be after consultation with the City Council. "The City Administrator may authorize the head of a department to appoint and remove subordinates in their respective department. "Except as herein provided, it shall be unlawful for the City Council or any of its members to attempt to dictate the appointment or removal of any person to office or employment by the City Administrator." PASSED AND APPROVED this 1 at day of September, 1998. Mayor ATTEST: Cindy I.'. city secow Reviewed and Approved: Donald B. Davis City Administrator Approved as to Form and Legality: Randy Thomas, City Attorney City Administrator September 2, 1998 CITY CT NO Y CONTR 27A 7D —; THE STATE OF TEXAS § § KNOW ALL PERSONS § BY THESE PRESENTS COUNTIES OF TARRANT AND DENTON § Amendment I to City Secretary Contract No. 23457 The Interlocal Agreement Between the City of Fort Worth and the City of Stephenville THIS AGREEMENT is entered into by and between the City of Fort Worth, a home -rule municipality located in Tarrant and Denton Counties, Texas, ( "Fort Worth "), acting by and through Charles Boswell, its duly authorized Assistant City Manager, and the City of Stephenville, a home -rule municipality located in Erath County, Texas ( "Stephenville "), acting by and through John Moser its duly authorized Mayor WITNESSETH: WHEREAS, Fort Worth and Stephenville have previously entered into an Interlocal Agreement, known as City Secretary Contract No. 23457, concerning the household hazardous waste program operated by Fort Worth; and WHEREAS, the initial tefm of that agreement will expire on September 30, 1998, and both cities agree that it is necessary to extend the term of the agreement to accommodate the citizens of Stephenville while the terms of next year's agreement are determined; NOW THEREFORE, it is agreed as follows: Section 1. The contract is hereby amended to change the expiration date of the term of the agreement to December 31, 1998. Section 2. That paragraph 7, section A. of the agreement is hereby amended to add 50 households to the total number of Stephenville's households whose waste may be collected, and the total amount of the contract, so that hereafter, said section shall read as follows: "A. Participating City agrees to pay Fort Worth the sum of $75.00 per household for 60 households, for a total not to exceed amount of $4,500, as compensation for its participation in the program. This is an amount that fairly compensates Fort Worth for its services under this Agreement. The total not to exceed amount shall be paid to Fort Worth from funds currently available to Participating City. Payment shall be due no later than ten (10) days following receipt by Participating City of an invoice from Fort Worth. Fort Worth will bill Participating City on October 1, 1998, for all amounts remaining due under this agreement." Section 3. Unless amended herein, all other provisions of the original interlocal agreement remain in full force and effect. IN WITNESS THEREOF, the parties have executed this agreement in triplicate in Fort Worth, Tarrant County, Texas. ACCEPTED: I " -- City of Stephenville BY: NAME: John Moser TITLE: Mayor DATE: September 3, 1998 `.. 01 .,,,,, F ATTEST: ity Sec ary 0••........ -2- ACCEPTED: City of Fort Worth BY:Awg 'tKOJx Charles Boswell, Asst. City Manager DATE: / zS—A w Reference M &C C -16 Z.3 9-i 98 APPROVED AS TO FORM AND LEGALITY: <� City Attorney -3- APPROVED AS TO FORM AND LEGALITY: Marcia Wise, Assistant City Attorney