Loading...
HomeMy WebLinkAbout1985-10-01 - Regular City CouncilMINUTES OF THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, HELD ON TUESDAY, OCTOBER 1, 1985 - 7:00 P.M. The regular meeting of the City Council of the City of Stephenville, Texas, was called to order by the Mayor Pro Tem with the following members present: Mayor: Mayor Pro Tem: Ray Reynolds Councilmembers: Bob Self Allen Horne Larry Hammett James L. McSwain Wm. G. Brede Larry Tatum and with the following members absent: Mayor David Clayton and G. A. Swindle. City Administrator Kurt Ackermann, City Secretary Joyce Pemberton, City Attorney Joseph Chandler, Director of Finance Charlene Young, Director of Public Works Danny Johnson, Chief of Police Doug Conner, Fire Chief Jimmy Mooney, Planning & Inspections Coordinator Betty Chew, Members of the Press, and many others were also present. to CONSIDER f4I1 ST Councilman Self moved approval of the minutes of the City Council meetings held on August 30, 1985, September 3, 1985, and September 16, 1985, with the correction to Item III of the September 3, 1985 minutes, that the motion to lease property along the west bank of the Bosque River to Jack Murphy include a 30 day cancellation clause in it. Councilman Hammett seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None II: HEAR RECOMMENDATIONS FROM PLANNING & ZONING COMMISSION FOR CONSIDERATION OF SETTING A DATE FOR PUBLIC HEARINGS. Mayor Pro Tem Reynolds ask for questions from the Council regarding the favorable recommendations from the Planning & Zoning Commission, there being none, Mayor Pro Tem Reynolds set Tuesday, November 5, 1985 at 7:00 pm in City Council Chambers at City Hall, 354 N. Belknap St., as the date, time, and place for a public hearing to consider the following recommendations from the Planning & Zoning Commission: a. Favorable recommendation to rezone, from R -1 "Single- Family Dwelling District" to B -2 "Secondary & Highway Business District ", Lot 21, Block 145, City Addition, also known as 2202 South Loop. b. Favorable recommendation to rezone, from R -1 "Single- Family Dwelling District" to B -2 "Secondary & Highway Business District ", Lot 17, Block 145, City Addition, also known as 2290 South Loop. C. Favorable recommendation to rezone, from R -1 "Single- Family Dwelling District" to B -2 "Secondary & Highway Business District ", the north 60 feet of Lot 3 and the north 85 feet of Lot 4, Block 1, Fireside 'Addition, located in the 1100 Block of South Lillian Street. 187 d. Favorable recommendation to amend the City Zoning Ordinance to include "Newspaper Printing" as a Conditional Use in the B -1 "Neighborhood Business District" ITEM III: CONSIDER PRELIMINARY PLAT OF OAK TREE SUBDIVISION, BEING 39.4 ACRES OF THE JARRETT MENEFEE SURVEY. ARSTRArT sqn_ NORTH.II SUBDIVISION AND GOLF COUNTRY ESTATES- AURDTVTRTnm_ Mrs. Helen Martin, Vice Chairperson of the Planning & Zoning Commission, presented the preliminary plat of the Oak Tree Subdivision, a proposed 97 lot subdivision located on F.M. Highway 8 (Lingleville Road). Mrs. Martin said the proposed subdivision will consist of 95 residential lots and two commercial tracts: 35 - R -1 "Single- Family Dwelling District" 57 - R -2 "One -Four Family Dwelling District" 3 - R -3 "Multiple- Family Dwelling District" 1 - B -1 "Neighborhood Business District" 1 - B -2 "Secondary & Highway Business District" Mrs. Martin reminded the Council that this is the third plat to be presented. Mrs. Martin said that after discussion, the Planning & Zoning Commission recommended approval of the preliminary plat of the Oak Tree Subdivision with the following changes: 1. Written permission from the Brazos River Electric Coop to use their aerial easement. 2. Provide street access for Lots 2 and 3, Block 7. 3. Lots 5, 6, and 7, Block 4, be dedicated as park area. 4. Entrance street into subidivision be named. Director of Public Works Danny Johnson addressed the Council stating that he thought this was a good overall plan and he recommended approval with the changes recom- mended by the P & Z Commission. Mr. Kenneth Howell, one of the owners of said subdivision, addressed the Council stating that some time ago he had talked with the Brazos Electric Coop and there would be no problems there. He said they agreed to all the changes the Planning & Zoning Commission recommended. After discussion, Councilman Self moved approval of the preliminary plat of the Oak Tree Subdivision with the following changes: 1. Written permission from the Brazos River Electric Coop to use their aerial easement. 2. Provide street access for Lots 2 and 3, Block 7. 3. Lots 5, 6, and 7, Block 4, be dedicated as park area. 4. Entrance street into subdivision be named. Councilman Brede seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None 188 ITEM IV• SION PLAT OF LOT 14, BLOCK Mrs. Helen Martin, Vice Chairperson of the Planning & Zoning Commission, addressed the Council presenting the P & Z Commission's recommendations. Mrs. Martin stated that the P & Z Commission had studied this plat and talked with Mr. Pat Patterson and did recommend approval with the following changes: 1. Remove the lot lines between Lot 14A and Lot 14I which would make it all Lot 14A. 2. Remove the lot line between Lot 14G and Lot 14H which would make it all Lot 14G. 3. Lot 14K to be a dedicated easement. 4. Provision for area behind Piggly Wiggly be made for a 25' service alley to comply with the Subdivision Ordinance. Director of Public Works Danny Johnson addressed the Council stating that originally this was platted as Lot 14, Block 14. State statutes require that when a lot is sub- divided /resubdivided a replat must be made and submitted to P & Z Commission and City Council for approval. There are three buildings on this lot which did not adhere to this procedure. Mr. Johnson said that with the pre- existing conditions it is difficult to plan for the future. He said that Lot 14L is isolated, but when it is developed provi- sions will have to be made to service it. Mr. Johnson said that, as it now stands, Lots 14B, 14C, and 14D can be served. Street frontage on River North Blvd. and with uti- lities as they now exist with the exception of an extension on the sewer line to serve those lots. There is fire pro- tection in the area to serve these lots. Councilman Brede asked if the P & Z Commission considered bringing Lot 14K into a street and running it out to River North Blvd. which would give those other areas an access street? Otherwise Lots 14L and 14A are going to be blocked in. It was his opinion that now is the time to be about what to do with those before going any further with this other plat. Director of Public Works Danny Johnson advised that when Lot 14L is developed it will need to be served by a 60 foot street dedication. The required right -of -way could be pro- vided by street dedication from River North Blvd. through Lot 14A. This would provide street access to Lot 14L; allow service vehicles to Piggly Wiggly and Stephenville Bowl; possibly enhance development of Lot 14A by providing additional street access to the tract. Pat Patterson, co -owner of property in question, addressed the Council stating that at the present time they owned Lot 14L all the way back to a video tower. Moonlight Trail was planned to come in, turn, go into Lot 14L, make a cul -de -sac and back out so that will "free up" Lot 14L. Mr. Patterson said the only reason they owned Lot 14L was because they had to buy it to get Lots 14B, 14C, and 14D. Mr. Patterson stated he had no intention of developing Lot 14L and would like to sell it as soon as possible. After much more discussion, Councilman Self moved approval of the resubdivision plat of Lot 14, Block 14, River North Subdivision, with the following provisions: 1. Remove the lot lines between Lot 14A and Lot 14I making this all Lot 14A. 2. Remove the lot lines between Lot 14G and Lot 14H making this all Lot 14H. M:9 ITEM 3. Lot 14K to be a dedicated easement. 4. Provision for area behind Piggly Wiggly be made for a 25' service alley to comply with the Subdivision Ordinance. Councilman Hammett seconded the motion. The motion carried by the following vote: AYES: Councilmen Self, Hammett, Horne, and Reynolds. NOES: Councilmen Brede, McSwain, and Tatum. XV. "SIGN REGULATIONS" AVID] Councilman Larry Tatum addressed the Council regarding the Sign Regulations of the Zoning Ordinance. Mr. Tatum asked the Council to look page 73 (3) of the Sign Regulations provided in their agenda packets. Mr. Tatum said he had no problem with the size, height, or spacing of signs, but he did question the front property setbacks. The ordinance states: "Sign setbacks shall be a minimum of ten (10) feet from property line or fifty one - hundredth (0.50) foot for each foot of sign height, whichever is greater." Mr. Tatum asked "do the signs need to be that far back from the front property line ?" He said he would like for the Council to consider this. Mayor Pro Tem Reynolds advised that any amendments to the Zoning Ordinance would have to go to the Planning & Zoning Commission for recommendations to the Council. Therefore, he was referring this item to the Planning & Development Committee for study and to make specific recommendations to the Planning & Zoning Commission at the next meeting. VI: CONSIDER RENEWAL OF b MANAGEMENT AGREEMENT WITH City Administrator Kurt Ackermann advised the Council that copies of the present Airport Management Agreement had been mailed to the chairman of the Airport Advisory Board, Butch Harbin, and to Edwin Fitzgerald of C & F Aviation for their comments /input. He said he had not heard from Mr. Harbin, but Mr. Fitzgerald had asked that the Council consider the following changes: 1. Omit from Section II: "...with option to renegotiate for longer term providing...." 2. Add to Section III that hangar rent shall be paid directly to City. Also change tie -down fees to be paid beginning on "second" consecutive day instead of "third" day. 3. Section VIII be changed to grant C & F Aviation a ten year agreement. 4. Also asked the Council to include a provision or writ- ten policy that persons desiring a hangar space will be placed on a waiting list and taken in order. Presently hangar spaces are being included with the sale of an individual's airplance to another party. Mr. Ackermann also advised the Council that the City's insurance company had advised that C & F Aviation should have a $1,000,000 airport liability coverage and name the City as a "named additional insured ". Mr. Jubel Caldwell, co -owner of C & F Aviation, addressed the Council stating that the reason the present agreement had been limited to a one year term was because there had " been some problems with the previous owner and C & F Aviation had wanted to prove they could satisfactorily operate airport. Also they had no problems with the insurance coverage. After discussion, it was the consensus of the Mayor and Council to refer this item to the Franchise Committee, along with the Airport Advisory Board and Mr. Chandler for study. Councilman Brede moved that the City Council grant C & F Aviation a 30 day extension to their existing agreement. Councilman Horne seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None. CONSIDER ORDINANCE AUTHORIZING ISSUANCE OF IMPROVEMENT REVENUE BONDR. RF.RTF.G IaRS_ Am Mr. Jack Gray of Schneider, Bernet, and Hickman, financial consultant for the City, addressed the Council explaining the sources and uses of The Utility System Refunding and improvement Revenue Bonds, Series 1985. Mr. Paul D. Budd, financial attorney, addressed the Council to discuss and answer questions regarding the ordinance authorizing the issuance of "City of Stephenville Utility System Refunding and Improvement Revenue Bonds, Series 1985 ". After discussion, Councilman Brede moved approval of an AN ORDIANCE AUTHORIZING THE ISSUANCE OF "CITY OF STEPHENVILLE, TEXAS, UTILITY SYSTEM REFUNDING AND IMPROVEMENT REVENUE BONDS, SERIES 1985 "; PLEDGING THE NET REVENUES OF THE CITY'S WATERWORKS AND SEWER SYSTEM TO THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS; ENACTING PROVISIONS INCIDENT AND RELATED TO THE ISSUANCE, PAYMENT, SECURITY AND DELIVERY OF SAID BONDS; AUTHORIZING THE EXECUTION OF CERTAIN AGREEMENTS IN CONNECTION WITH THE PAYMENT OF THE REFUNDED BONDS AND THE BONDS NOW BEING ISSUED; AND DECLARING AN EMERGENCY. Councilman Horne seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None : HEAR REPORT FROM TRAFFIC STUDY COMMITTEE REGARDING Mayor Pro Tem. Reynolds reported the Police Department is in the process of conducting a survey of residents in the area in question regarding additional "No Parking" areas adjacent to the TSU campus under the direction of the Traffic Study Committee. This survey has not been completed, therefore, this item will be postponed until next meeting. ITEM IX: CONSIDER RESOLUTION PROVIDING FOR IMPOSITION OF PEI City Administrator Kurt Ackermann explained that this reso- lution will enable the City of Stephenville to add an addi- tional 15% penalty on all delinquent tax years. Councilman Self moved passage of a Resolution providing for the imposition of an additional penalty of 15% on delinquent taxes. Councilman Hammett seconded the motion. The motion carried by the following vote: 191 44WWi AYES: All members present voted aye. NOES: None Entire Resolution included in Minute Book L. FUNDING PARTICIPATI City Administrator Kurt Ackermann advised the Council that he had been contacted by the State Department of Highways and Public Transportation regarding state funding of a railroad crossing on Mary Street. They indicated that this crossing now meets priority criteria for funding con- sideration by the SDHPT. If the City wishes to participate in this project it will need to make available no more than $10,000 for the City's participation. Should the federal government rank the project the City's part would be no more than $5,000. Mr. Ackermann said he believed that if the City does not participate at this time, the project will go back to the bottom of the list. After discussion, Councilman Hammett moved that the City participate with the State Department of Highways and Public Transportation for the construction of railroad crossing on Mary Street not to exceed $10,000. Councilman Brede seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None Mayor Pro Tem Reynolds recessed the open meeting and called the Council into: XI: EXECUTIVE SESSION as provided in the Texas Open Meetings Law, Vernon's Texas Civil Statutes, Article 6252 -17, for the purpose of discussing the purchase, exchange, lease, or value of real property. Mayor Pro Tem Reynolds called the Council back into open meeting and advised no action had been taken on items discussed in executive session. XII: HEAR REPORT FROM CHIEF OF POLICE REGARDING RESERVE OFFICERS. Chief of Police Doug Conner addressed the Council stating that he would like to find out if the Council would be interested in having a reserve police force in Stephenville. Chief Conner said the first step in organizing a reserve force is approval from the City Council as the Council would be the authority establishing a reserve force or deciding not to have one. In answer to various questions, Chief Conner said the reserve officers would need 145 hours of training before certification; the officers would receive no pay; he would like to limit the force to a maximum of 6 officers; they would be appointed by the Chief of Police; training cost to be paid by applicant; it would be up to the City Council as to what, if any, equipment would be furnished; they would act only in a supplementary capacity. Chief Conner said that, from a money standpoint and the money the city would have to pay for additional help, any help he can get that he doesn't have to pay for is always beneficial to his department. Chief Conner said he had not talked to his personnel about a reserve force. He said he wanted to find out the Council's feelings before he men- tioned it to the department. 192 Councilman Hammett said there are three councilmembers eligible to be on the reserve force. He said, in his opi- nion, it was not a good idea for members of the council to get in the program. He stated that if Chief Conner wants the program, he would certainly support it, but he would want it to be a program the Chief wants. Chief Conner said that would be a regulation the Council would need to set and, if the Council wants a reserve force, he wants one, if the Council does not want one, he doesn't want it and who they want on it would be up to the Council. Mayor Pro Tem Reynolds placed this item in the Public Health and Safety Committee for study and recommendations at the next meeting. There being no other business to come before the Council at this time, Mayor Pro Tem Reynolds adjourned the meeting at 9:30 p.m. ATTEST: Q� � 0 . . ?,J, t , . Ip- ecretary 193 David Clay n, Mayor RESOLUTION NO. 1985 -8 A RESOLUTION PROVIDING FOR THE IMPOSITION OF AN ADDITIONAL PENALTY ON DELINQUENT TAXES. WHEREAS, the City of Stephenville, Texas has contracted with an attorney to collect its delinquent taxes pursuant to the authority granted in Section 6.30 of the Property Tax Code; and WHEREAS, said contract provides that said attorney is to be paid a fee of 15% of all delinquent taxes, penalty and interest that are collected; and WHEREAS, Section 33.07 of the Property Tax Code provides that an additional penalty secured by a tax lien may be imposed to defray the cost of collection, not to exceed 15% of the taxes, penalty and interest due; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS, pursuant to the provisions of Section 33.07 of the Property Tax Code, that: 1. The tax collector of this to cause to be mailed, as notices to all delinquent available, of the additio hereinafter set forth, on date; jurisdiction is hereby directed expeditiously as possible, taxpayers, where addresses are aal penalty to be imposed, as all taxes delinquent as of this 2. The tax collector is directed to annually mail notices during the month of May to all current year delinquent taxpayers advising them of the additional penalty, as hereinafter set forth, to be imposed as of July 1 on all unpaid current year delinquent taxes; 3. Effective 31 days after the tax collector has mailed the hereinabove referenced notices, with respect to taxes delinquent for 1984 and prior years, an additional penalty of 158 of the taxes, penalty and interest shall be incurred; furthermore, taxes becoming delinquent during 1985 and thereafter shall not incur this additional penalty until July 1 of the year in which they become delinquent. PASSED AND APPROVED this the 1st day of October, 1985. ATTEST: Rflr RbYNO/.AC MAYQQ PRO 7-4" q,fty ecretary 194