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Home My WebLink About1986-06-03 - Regular City CouncilMINUTES OF THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, HELD ON TUESDAY, JUNE 3, 1986 - 7:00 P.M. The regular meeting of the City Council of the City of Stephenville, Texas, was called to order by the Mayor with the following members present: Mayor: David Clayton Councilmembers: Bob Self G.A. "Pinkie" Swindle Larry Hammett James L. McSwain Wm. G. Brede Larry Tatum Allen Horne and with the following members absent: Ray Reynolds. Others attending were City Administrator Kurt Ackermann, City Secretary Joyce Pemberton, City Attorney Joseph Chandler, Director of Public Works Danny Johnson, Chief of Police Doug Conner, Fire Chief Jimmy Mooney, Fire Marshal Gary Nabors, Building Inspector Steve Brown, Planning & Inspections Coordinator Betty Chew, Purchasing Clerk Melissa Crim, members ° of the press and many others. ITEM I: CONSIDER FOR APPROVAL MINUTES OF MAY 6, 1986 AND MAY 16, 1986. 14llwuii Councilman Allen Horne moved approval of the minutes of the May 6, 1986 and Mayl6, 1986 City Council meetings as written with the addition of Larry Tatum's name to those members present at the May 6, 1986 meeting. Councilman Swindle seconded the motion. The motion carried unanimously. PUBLIC HEARING TC MAP ALLOWING MANU PRIMARY USE IN DE AND ESTABLISH USE HOUSING DISTRICT. CITY ZONING 1041 C:1 ZONING Mayor David Clayton opened the floor for a public hearing to consider amending the City Zoning Ordinance and Zoning Map allowing manufactured homes and mobile homes as a pri- mary use in designated areas of the City of Stephenville and establish use and area regulations for the manufactured housing district. THOSE IN FAVOR OF AMENDMENT: Richard Chapman, Shady Oaks Mobile Home Park. THOSE OPPOSED TO AMENDMENT: None There being no one else wishing to comment on this request, Mayor David Clayton closed the public hearing. Councilman Bill Brede expressed concern regarding installa- tion requirements for these manufactured /mobile homes and whether or not these would be rent properties or not. Planning & Inspections Coordinator Betty Chew read the pro- posed requirements /regulations. Councilman Bob Self commented that those concerns were not revelant to the Zoning Ordinance and should be covered in the Building Code. After more discussion, Councilman Bob Self moved passage of an ordinance designating four (4) areas as MH "Manufactured Housing Districts" to allow manufactured and mobile homes on individual lots. Councilman Allen Horne seconded the motion. The motion carried by the following vote: 314 AYES: Councilmembers Bob Self, Larry Hammett, Allen Horne, David Clayton, Pinkie Swindle, Jim McSwain, and Larry Tatum. NOES: Councilman Bill Brede. ITEM III: PUBLIC HEARING TO AMEND T FAMILY DWELLINGS IN THE R -3 "MULTIPLE- FAMILY RESIDENTIAL Mayor David Clayton opened the floor for a public hearing to consider amending the City Zoning Ordinance paving requirements to read as follows: "Parking spaces and dri- veways must be paved with a sealed surface pavement and maintained in such a manner that no dust will be produced." THOSE IN FAVOR OF AMENDMENT: None THOSE OPPOSED TO AMENDMENT: None There being no one present wishing to comment on this item, Mayor Clayton closed the public hearing. Councilman Jim McSwain moved passage of an ordinance amending the City Zoning Ordinance paving requirements to read as follows: "Parking spaces and driveways must be paved with a sealed surface pavement and maintained in such a manner that no dust will be produced." Councilman Pinkie Swindle seconded the motion. The motion carried unanimously. ITEM IV: PUBLIC HEARING TO AMEND THE CITY ZONING ORDINANCE TO INCLUDE DEFINITIONS AND AREA REGULATIONS FOR TOWNHOU AND CONDOMINIUMS. Mayor David Clayton opened the floor for a public hearing to consider amending the City Zoning Ordinance to include definitions and area regulations for townhouses and condo- miniums. THOSE IN FAVOR OF AMENDMENT: None THOSE OPPOSED TO AMENDMENT: None There being no one present wishing to comment on this item Mayor Clayton closed the public hearing. Councilman Larry Hammett moved passage of an ordinance amending the City Zoning Ordinance to include definitions and area regulations for townhouses and condominiums. Councilman Bill Brede seconded the motion. The motion carried unanimously. ITEM V: CONSIDER RECOMMENDATIONS FROM PLANNING & ZONING COMMISSION. a. Consider request to rezone from R -1 "Single- Family Dwelling District" to R -3 "Multiple- Family Residential District ", 2.91 acres of the John Blair Survey, Abst. 32, Erath County, Texas, located adjacent to the Jaycee Park in the 1600 Block of the Lingleville Road. b. Consider request to rezone from R -1 "Single- Family Dwelling District" to B -1 "Neighborhood Business District" and R -2 "One -Four Family Dwelling District ", on Lots 11, 12, 12A, 12B, 13, 14A, 14B, 14C, Block 140, City Addition, and part of Blocks 1 and 3, South Side Addition, located along Harbin Drive Extension. Mayor David Clayton set Friday, June 20, 1986 at 10:00 a.m. in Council Chambers at City Hall, 354 N. Belknap as the 315 date, time, and place for a public hearing to consider the above listed items. Charles Castleberry, Chairman of the Planning & Zoning Commission, addressed the Council presenting the Commission's recommendations on the above listed zoning requests. Item V (a) received a negative recommendation from the Commission because of the 12 property owners present (within 200 feet of said property) 7 were opposed to zoning change. Item V (b) received a favorable recommendation with the following modifications: B -1 "Neighborhood Business District ": the northern 317.24 feet of Lots 11, 12, 12A, 12B, 13, 14A, 14B, 14C, Block 140, City Addition; R -2 "One -Four Family Dwelling District ": the southern 406.03 feet of Lots 11, 12, 12,A, 12B, 13, 14A, 14B, 14C, Block 140, City Addition, and part of Blocks 1 and 3, South Side Addition, located along Harbin Drive Extension. Mr. Castleberry said the property owners were for and against the zoning. DER CLOSING OF N. CLEVELAND AVE. RIGHT ACRES OF THE JOHN BLAIR SURVEY. ABST_ Betty Chew, Planning & Inspections Coordinator, addressed the Council stating appraised value of the 1.064 Acre tract of land out of the John Blair Survey, Abstract No. 32, Stephenville, Erath County, Texas, was $23,175.00. Mrs. Chew said the Andre Company of Rhode Island had requested to purchase this right -of -way. We now have the appraisal back and she had talked with The National Living Center, Inc. of Houston (adjoining property owner to the east). She has sent them a plat and they are to notify her if they desire to purchase their portion of the right -of -way. At this point, we are just waiting for their answer to see if they choose to purchase their portion or waive that right. City Administrator Kurt Ackermann advised the Council that this is the portion of Cleveland Street that runs adjacent to the Jaycee Park and Mr. Bill Oxford, on behalf of The Andre Company, had made a request to the City to purchase Cleveland Street. At that time the Council's instructions were to take whatever steps needed to complete a sale. Now, if the Council is open to offering the property for sale and it is appraised out at over a $1,000.00, our next step is to put it up for public bid. Councilman Bob Self asked if the property to the south owned by The National Living Center, Inc. actually had access to a street if Cleveland is closed. Mrs. Chew said no. Since they own the front piece of property, they would have access to Lingleville Rd, but it is a separate lot. He asked if it would be advisable to table this item until the next meeting to get some of the questions settled? Mayor Clayton said it would seem feasible to him to go ahead and direct Mr. Chandler to get an ordinance, aban- doning and closing the street, ready for the next meeting which would have to be done sooner or later. Councilman Self said the company may not want to close the street and buy the dedication if they can't get the zoning requested. The justification for denying the R -3 zoning 316 came from property owners of R -1 property along Overhill and likely will not be any more pleased with another com- pany asking for R -3 zoning. Councilman Pinkie Swindle moved to instruct Mr. Chandler to draft an ordinance closing the portion of Cleveland Street that has been discussed and outlined in Item 6. Councilman Larry Tatum seconded the motion. The motion carried by the following vote: AYES: Councilmen Larry Hammett, Bill Brede, Allen Horne, David Clayton, Pinkie Swindle, Jim McSwain, and Larry Tatum. NOES: None ABSTAIN: Councilman Bob Self. TEM VII: CONSIDER ZAL FORGING, INC. TO Mr. Bob Posey, Controller at Caporal Forging, Inc., addressed the Council asking the Council to waive the 7% penalty assessed to their 1985 ad valorem taxes. Mr. Posey stated the bills were sent to Houston instead of their office here in town. The taxes were due May 1, 1986 and were paid May 16, 1986 when they were received from Houston. City Attorney Joseph Chandler advised the City does not send the tax statements, therefore, the Council does not have the power to waive the penalty. The tax statements are mailed by the County Tax Office. Mayor David Clayton assigned this item to the Damage Claims Committee and asked them to report at the June 20th meeting. ITEM VIII: DISCUSSION OF ONE -WAY TRAFFIC ON BAXTER STREET. City Administrator Kurt Ackermann advised that the 60 -day evaluation period for Baxter one -way from McNeill to Washington St. has expired. The Council needs to make a final decision to either remove or leave this block of Baxter as one -way. He said he had asked for comments from Central School PTO and school administration which he has not received. After discussion, Councilman Pinkie Swindle moved to extend the temporary one -way on Baxter Street for another 60 days. Councilman Allen Horne seconded the motion. The motion carried unanimously. ITEM IX: CONSIDER NO PARKING ORDINANCE FOR BYRON STREET. Councilman Larry Hammett moved passage on AN ORDINANCE PROHIBITING PARKING ON THE ENTIRE LENGTH OF BYRON STREET WHICH RUNS FROM ITS INTERSECTION FROM THE SOUTH LINE OF EAST WASHINGTON STREET TO THE NORTH LINE OF SOUTH LOOP FROM 8:00 P.M. TO 4:00 A.M. AND PROVIDING PENALTY OF FINE NOT TO EXCEED $200.00 FOR VIOLATION HEREOF. Councilman Allen Horne seconded the motion. The motion carried unanimously. TEM X: HEAR REPORT FROM DIRECTOR OF PUBLIC WORKS DANNY REGARDING PRO RATA UTILITY CHARGES ALONG OLD GR AND HIGHWAY 205. Director of Public Works Danny Johnson addressed the Council stating that last year a 6" water line was installed along Highway 281 (East Road) from Hook Street to intersection of FM 205 and Highway 377 -67 By -Pass. He said 317 he has determined the pro rata cost to customers wishing to tie onto the line in the future as follows: 1. Construction Cost .. .....................$18,351.50 2. Material Cost. ... ..............$17,560.03 3. Total Footage of Line Laid ............. 3,250 ft. 4. Total Cost per Foot .....................$ 11.31 5. 508 Pro Rata Charge to Customers ........ $ 5.66 ft. plus tapping charges, street restoration charges and connect fee. 6. MATERIALS: 3,250 ft of 6" D.I. Pipe @ $ 4.35/ft 4 Fire Hydrants @ $526.85/ea 5 Gate Valves @ $218.50/ea 5 Valve Boxes @ $ 36.00 /ea 1 900 Bend 6" @ $ 66.95/ea 2 221/20 Bend 6" @ $132.20/ea 1 450 Bend 6" @ $ 66.10 /ea 4 6" Tees @ $101.41 /ea Councilman Pinkie Swindle moved to establish $5.66 per foot as the pro rata charge to customers on FM 205 and along Old Granbury Road. Councilman Larry Hammett seconded the motion. The motion carried unanimously. REGARDING RECOMMENDATIONS FOR UNRESTRICTED OWNTOWN PARKING AND DISPOSITION OF PARKTNG City Administrator Kurt Ackermann explained that the Down- town Merchants have asked the City Council to consider making certain areas downtown as unrestricted on- street parking where previously metered parking existed. Also the Council is asked to instruct the Staff with regard to the disposing of the parking meters downtown. Director of Public Works Danny Johnson presented a map of the downtown area where previously metered parking existed. Mr. Johnson advised that the downtown merchants had pre- sented this map outlining in orange the areas for 2 -hour restricted parking and the area outlined in green to be the unrestricted on- street parking. He said basically this is the inside portion of the square and approximately a block away from the square in each direction will have a 2 -hour limit; then in the second blocks from the square in each direction will be unlimited parking areas. The areas with 2 -hour limited parking will be so designated by signs. Councilman Bob Self stated he would be abstaining from voting on this portion of this item, but would take part in the discussion and voting on the disposition of the parking meters. Councilman Pinkie Swindle moved to accept the map outlining in orange the 2 -hour restricted parking areas and the green being the unrestricted on- street parking areas with 2 -hour parking in front of the library and that the ordinance be amended as needed. Councilman Allen Horne seconded the motion. The motion carried by the following vote: AYES: Larry Hammett, Bill Brede, Allen Horne, David Clayton, Pinkie Swindle, Jim McSwain, and Larry Tatum. NOES: None ABSTAIN: Bob Self After discussion, Councilman Pinkie Swindle moved to sell the parking meters @ $20.00 per meter on a first come first 318 served basis. Councilman Bob Self seconded the motion. The motion carried unanimously. I XII: HEAR REPORT FROM DIRECTOR OF Director of Public Works Danny Johnson addressed the Council stating that while the street crews were working downtown removing the meters etc. he noticed that many of the present parking spaces along Graham Street from Green to Long Street and along the westside are in potentially hazardous situations due to narrowness of the street in certain areas. Mr. Johnson said the block Store and the block by the the block from Washington the worst areas. He would Council as he has not done areas yet. on Graham beside Higginbotham's lumber yard was a problem and to Green by InterFirst Bank were like some direction from the any striping or work in these Mayor David Clayton assigned this to the Traffic Study Committee and asked them to report as soon as possible. ITEM XIII: DISCUSSION OF POLICY REGARDING SEWER Mayor David Clayton reminded the Council that several months ago the Council adopted a policy of no water sales to property outside the city limits, excepting those already on the service. Now, we have received a request for sewer service to a residential lot (no house yet) out- side the city limits, but abutting the line in Tanglewood Estates. Staff has been unable to find a City Council policy which approves or prohibits the city providing sewer service outside the corporate limits. The Staff is asking for a Council policy regarding this matter. City Administrator Kurt Ackermann said the wastewater ser- vice is part of an enterprise fund from which we derive our revenue with the additional services we provide. Also, if we were to extend this service, we would need a rate struc- ture. There are a few people outside the city limits on city sewer but they got on many years ago and they are charged a double minimum rate. Councilman Pinkie Swindle commented that he did not feel the City can afford to increase the rates and tax the people inside the city limits to build new wastewater treatment plants to take care of their needs and then turn around and give it away for a double minimum. Councilman Bob Self pointed out that this is an enterprise fund, not something supported by taxpayers' dollars. This is a business that runs itself and expands its customer base. Dr. Al Lilly, property owner making the request, addressed the Council stating that his property adjoins the city pro- perty where the city sewer line stub -up is located. Also he does not have enough property to be annexed. Dr. Lilly said he would be wilding to pay for extending the line to the furtherest side of his property, if that is what is required, the same as developers of subdivisions. He said he was getting ready to build his home and needs to know if he will have to build a septic tank or not. After more discussion, Mayor Clayton assigned this item to the Franchise Utilities Committee for study. ' ITEM XIV: CONSIDER DAMAGE CLAIM BY FIBERGRATE CORPORATION. Mayor David Clayton advised the Council that on or about May 6, 1986, a main sewer line backed up along the South Loop. According to J. D. Chapman, Water & Sewer Superintendant, this backup was caused by debris left in a manhole along the South Loop by the contractor working on the highway expansion of U.S. 377 for the State Highway Department. Mr. Chapman indicated that the contractor failed to clear the manhole which eventualy led to the mainline backing up and causing a back flood into Fibergrate's offices. Mr. Corbin has submitted a claim to recoup his company's damages as stated in his attached notice. There being no one present wishing to address the Council in regard to this item, Mayor Clayton assigned this to the Damage Claims Committee for study and report at next meeting. ITEM XV: REPORT ON AIRPORT LEASES. a. C -Bar Ranch Lease: Councilman Jim McSwain moved to renew the C -Bar Ranch airport hangar lease @ 7¢ per square foot for 5 years. Councilman Larry Tatum seconded the motion. The motion carried by the following vote: AYES: Bob Self, Larry Hammett, Allen Horne, David Clayton, Jim McSwain, and Larry Tatum. NOES: Pinkie Swindle. b. Len Hobbs: Councilman Allen Horne moved to deny the the request of Len Hobbs based on the liability risk to the city. Councilman Larry Hammett seconded the motion. The motion carried unanimously. ITEM XVI: CONSIDER RESOLUTION FOR ADOPTION OF RULES AND PROCEDURES. ITEM XVII City Administrator Kurt Ackermann advised the Council that the changes discussed in the workshop had been made in the exhibits sent to the Council with the exception of the "abstention vote with regard to the conflict of interest ". Page 5, Section 6.7, we would add "Councilmembers filing Conflict of Interest affidavits with the City Secretary shall be considered as not casting any vote on the issue at hand." Councilman Bob Self pointed out that in paragraph 6.11, page 7, makes reference to the time schedule set forth in Section 6.4 which should be Section 6.5. Councilman Bob Self moved passage of the resoluton adopting the rules and regulations as presented with noted changes. Councilman Bill Brede seconded the motion. The motion carried unanimously. FROM TOWN TH & SAFETY C( NG Councilman Larry Tatum reported the Committee had not met, but will try to do so and have a recommendation by the June 20th meeting. ITEM XVIII CONSIDER FOR ACTION BIDS RECEIVED AS FOLLOWS: a. Bid #2340: Fire Department - Reroofing Fire Station #1. Councilman Allen Horne moved acceptance of bid of $4,788.00 from Lydick Roofing Company as recommended 320 by Fire Chief Jimmy Mooney. Councilman Bob Self seconded -the motion. The motion carried unanimously. b. Bid #2341: Police Department - Radio Communication System. $36,000 Budgeted. Doug Conner, Chief of Police, advised that Motorola's bid of $41,129.00 was the only bid received. He said this consisted of: a complete console with complete stand -alone base station at the police station; a repeater station at the new water tower; 6 mobile units; 10 walkie talkies; 1 remote unit off the base (probably in his office); and will include chargers and whole works to go with the system. Mr. Conner said with the amount saved on the installation of the new air conditioner and by cutting the new radar he could handle the amount over budget. Councilman Allen Horne moved acceptance of the bid of $41,129.00 from Motorola Co. for the new radio com- munications system recommended by Chief Conner. Councilman Larry Hammett seconded the motion. The - motion carried unanimously. C. Bid #2342: Fire Department - Replace Roof Guttering on Fire Station #1. Fire Chief Jimmy Mooney addressed the Council stating that the one bid received was from A -1 Gutter Co., Stephenville, Texas, and did not include a Performance Bond and was approximately $2,000 more than he had anticipated and was more than budgeted. Chief Mooney recommended rejecting this bid and reinvite bids. Councilman Pinkie Swindle moved to retract letting of Bid #2340 for reroofing Fire Station #1 due to the fact that the gutter bid came in higher than had been budgeted and come up with alternate proposals, such as a foam type roof for the Fire Station and let Kurt work with our engineers and Allen and see about a foam type roof. Councilman Allen Horne seconded the motion. The motion carried unanimously. Councilman Pinkie Swindle moved to reject Bid #2342 to replace the guttering around Station #1 and rebid it. Councilman Larry Tatum seconded the motion. The motion carried unanimously. d. Bid #2343: Water Department - Supplies for setting new meters. Councilman Larry Tatum moved acceptance of the bid of $3,188.16 from Industrial International for supplies for setting new meters as recommended by Director of Public Works Danny Johnson. Councilman Allen Horne seconded the motion. The motion carried unanimously. e. Bid #2344: City Hall Copier /Budgeted $5,000. Councilman Bob Self moved acceptance of the bid of $4,785.00 from Bennett's Office Supply for a Mita copier as recommended by Melissa Crim. Councilman Allen Horne seconded the motion. The motion carried unanimously. ITEM XIX: HEAR REPORT FROM NOMINATIONS COMMITTEE Councilman Bob Self, chairman of the Nominations Committee submitted the name of Bill Oxford to serve as a Planning & Zoning Commission member. 321 Councilman Bob Self moved that Bill Oxford be appointed as a member of the Planning & Zoning Commission. Councilman Pinkie Swindle seconded the motion. The motion carried unanimously. ITEM XX: EXECUTIVE SESSION. Mayor David Clayton recessed the open meeting of the Council and called the Council into executive session as provided in the Open Meetings Law, Vernon's Texas Civil Statutes, Article 6252 -17, for the purpose of discussing matters of pending or contemplated litigation: a. Easements b. Flood Plain Management The Council reconvened in open session There was no action taken on matters discussed in executive session. There being no other business to come before the Council, Mayor Clayton adjourned the meeting at 10:05 p.m. ATTEST: t ecretary 322 David Clayton, Mayor i ORDINANCE .NO. 15.86 -11 AN ORDINANCE PROVIDING THAT ARTICLE 6687 -9a, VEHICLE STORAGE FACILITY ACT, OF THE REVISED CIVIL STATUTES OF TEXAS, AND THE RULES ADOPTED UNDER THIS ARTICLE DO NOT APPLY INSIDE THE LIMITS OF THE CITY OF STEPHENVILLE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: Section One Article 6687 -9a, the Vehicle Storage Facility Act, Revised Civil Statutes of Texas, and the rules adopted under this article, do not apply inside the limits of the City of Stephenville. Section Two This ordinance shall become effective on the first day of July, 1986. PASSED AND APPROVED this 3rd day of June, 1986. ATTEST: Joyce emberton, City Secretary Q � a; � David Clayton, Mayor ORDINANCE NO 1986 -12- AN ORDINANCE PROHIBITING PARKING ON THE ENTIRE LENGTH OF BYRON STREET WHICH RUNS FROM ITS INTERSECTION FROM THE SOUTH LINE OF EAST WASHINGTON STREET TO THE NORTH LINE OF SOUTH LOOP FROM 8:00 P.M. TO 4:00 A.M. AND PROVIDING PENALTY OF FINE NOT TO EXCEED $200.00 FOR VIOLATION HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: Section One It shall be unlawful for any person to park any vehicle on either side of Byron Street through its entire length, such street running from the south line of East Washington Street to the north line of South Loop between the hours of 8:00 p.m. and 4:00 a.m. Section Two Any person who is guilty of violating this ordinance shall be fined in any sum not to exceed $200.00. Section Three This ordinance shall go into effect immediately from and after its passage and publication as provided by law. PASSED AND APPROVED this 3rd day of June, 1986. ATTEST: City Secretary Mayor ORDINANCE NO. 1986 -13 AN ORDINANCE ADDING THE ZONING CLASSIFICATION OF MH "MANUFACTURED HOUSING DISTRICT" AND ZONING THE LAND DESCRIBED. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: That certain land in the City of Stephenville and being HURBERT TO PECAN / BELKNAP TO RACE All of Block 12, Frey First Addition 17, It 18 " 19" r It 22 " " 23, " " 24, " " 27 it " 28, it It 29, " " 32, " " 33, " " 34, " Lots 1, 2, 7, 8, Block 13, Frey First Addition. ESTES TO BATES / ELM TO ONE (1) LOT SOUTH OF EAST HIGHWAY 8. All of Block 4, Cage Addition. 7 if Lots 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, Block 1, Cage Addition. Lots 8, 9, 10, Lots 1, 2, 3, 8, Lots 9, 10, 11, Lots 2, 3, 4, 5, 12, 13, 14, Lots 1, 2, 3, 8, CLARK LANE 9, 10, 12, 13, 14, 15, 6, 7, 8, 9, 10, 11, 15, 9, 10, Lots 2, 3, Block 85, City Addition RETA STREET: Block 2, Cage Addition Block 3, Cage Addition Block 5, Cage Addition Block 6, Cage Addition Block 8, Cage Addition Lots 4, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20, 21, of Subdivision 8, Block 148, City Addition. Tract 6, Block 148, City Addition. North 875 feet of Tract 4A, 5, 6, 7, Block 148, City Addition. and it is hereby zoned and the zoning classification thereof hereby includes the classification of Manufactured Housing District, in accordance with the Zoning Ordinance of the City of Stephenville. PASSED AND ADOPTED this 3rd day of June, 1986. ATTEST: I I�A-. --4� ty cretary t David Clayton, ,-Mayor RESOLUTION 1986 -3 BE IT RESOLVED on June 3, 1986 that the City Council of the City of Stephenville, Texas, pass and adopt the following Rules and Procedures for the purpose of clarifying unwritten policies and to expedite matters needing Council action. PASSED AND ADOPTED this 3rd day of June, 1986. RULES OF PROCEDURE PROLOGUE: These rules and procedures represent an effort to clarify unwrit- ten policies; to expedite matters needing council attention; and to streamline agendas. They are intended to supplement the existing Code of Ordinances and City Charter by addressing areas either left unclear or not addressed at all. Unlike the Charter and Code of Ordinances, these rules and procedures can be modified to fit the personality of the mayor and councilmembers. No conflict with the Charter or the Code of Ordinances should exist. It is the purpose of this document to present guidelines for the maintenance of decorum and presentation of a favorable impression to the public and press in attendance at the meetings of the City Council. 1. AUTHORITY 1.1 Charter: The City Council establish its own rules of by City Charter, The foll, effect upon their adoption as they are amended or new vided by these rules. 2. GENERAL RULES of the City of Stephenville shall procedure for meetings as provided swing set of rules shall be in by the Council and until such time rules adopted in the manner pro- 2.1 Meetings to be Public: All official meetings of the Council shall be open to the public (except where State or local law allows Executive Sessions for certain limited topics). The journal of proceedings shall be open to public inspection. 2.2 Quorum: The presence of at least five (5) members of the Council shall constitute a quorum and be necessary for the transaction of business. If a quorum is not present, those in attendance will be named and may hear business before them taking no official action, or may adjourn to a later time. 2.3 Compelling Attendance: The Council may adjourn from day to day to compel the attendance of absent members. The names of Councilmembers arriving late shall be noted upon the minute pages of the City Council. Each March and September the City Secretary shall prepare an updated attendance roster of the City Council and its Boards and Commissions. Such roster shall be included with the City Council agenda packets. 2.4 Journal of Proceedings: An account of all proceedings of the Council shall be kept by the City Secretary and shall be entered in a book constituting the official record of the Council. 2.5 Right of Floor: Any member desiring to speak shall be recognized by the Chair, and shall confine his or her remarks to one subject under consideration or to be considered. - 1 - 2.6 City Administrator: The City Administrator shall attend all meetings of the Council unless excused. The City Administrator may make recommendations to the Council and shall have the right to take part in all discussions of the Council, but shall have no vote. 2.7 City Attorney: The City Attorney shall attend all meetings of the Council unless excused and shall, upon request give an opinion, either written or oral, on questions of the law. The City Attorney shall act as the Council's parliamentarian. 2.8 City Secretary: The City Secretary shall attend all meetings of the Council unless excused and shall keep the official minutes and perform such other duties as may be requested by the Council. 2.9 Officers and Employees: ,Department Heads of the City, when there is pertinent business from their departments on the Council agenda, shall attend such Council meetings. Department Heads are encouraged to attend all meetings of the City Council as information or their expertise may be required. 2.10 Rules of Order: "Roberts Rules of Order Revised" shall govern the proceedings of the Council in all cases, unless they are in conflict with these rules. 3. TYPES OF MEETINGS 3.1 Regular Meeting: The Council shall meet in the Council Chambers for Regular, Adjourned, and Special Meetings. The Regular Council Meetings are to commence at 7:00 p.m., on the first Tuesday of each month, unless otherwise specified in accordance with state law. 3.2 Special Meetings: Special meetings may be called by the Mayor or by a majority of the members of the Council. Any individual member may call a special meeting upon securing concurrence of four other members whom he must personally contact and upon confirmation, each of the four concurring members must personally contact the City Secretary. The call for a special meeting shall be filed with the City Secretary except that an announcement of a special meeting during any regular meeting at which all members are present shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day, the hour, and the location of the special meeting and shall list the sub - ject or subjects to be considered. No special meeting shall be held until at least seventy -two hours (72) after the call is issued. No item will placed on the agenda unless sub - mitted to the City Administrator at least twenty -four (24) hours prior to the posting of the called meeting agenda. 3.3 Adjourned Meetings: Any meeting of the Council may be adjourned to a later date and time, provided that no adjourn- ment shall be for a longer period than until the next Regular Meeting. 3.4 Emergency Meetings: The City Council may hold meetings dealing with emergency conditions as provided by state law. 3.5 Study Sessions: The Council may meet informally in Study Sessions (open to the public), at the call of the Mayor or of a majority of the Council, to review forthcoming programs of the City, receive progress reports on current programs or projects, or receive other similar information from the City Administrator, provided that all discussions and conclusions thereon shall be informal. On -site inspections of project sites and facilities by individual Councilmembers are strongly encouraged. Department Heads will schedule times to accompany any councilmember who wishes to tour city facilities. 3.6 Executive Sessions: Executive Sessions or closed meetings may be held in accordance with the provisions of the State - 2 - Open Meetings Act. Topics that may be discussed would include: (1) Personnel Matters, (2) Consideration of acquisi- tion of property for public purposes, (3) Potential or pending litigations in which the City has an interest. 3.7. Committee Meetings and Reports: Working committees may be appointed from time to time by the Mayor. He shall name mem- bers to serve and appoint the committee chairman. It is the duty of the committee chairman to call meetings and see that the committee's assignment is completed. Each committee shall be required to give a status report to the City Council at each monthly meeting. All final committee recommendations shall be filed in written form with the City Secretary and included with the Council's agenda packet. 3.8 Attendance of Media at Council Meetings: All official meetings of the City Council and its committees shall be open to the media, freely subject to recording by radio, televi- sion and photographic services at any time, provided that such arrangements do not interfere with the orderly conduct of the meetings. Exceptions to this rule will apply to meetings or parts of meetings which are held in accordance with Vernon's Texas Civil Statutes regarding executive sessions. 4. CHAIRMAN AND DUTIES 4.1 Chairman: The Mayor, if present, shall preside as Chairman at all meetings of the Council. In the absence of the Mayor, the Mayor Pro Tem shall preside. In the absence of both the Mayor and the -Mayor - Pro Tem, the Council shall elect a Chairman. 4.2 Call to Order: The meetings of the Council shall be called to order by the Mayor, or in his absence, by the Mayor Pro Tem. In the absence of both the Mayor and the Mayor Pro Tem, the meeting shall be called to order by the City Secretary for the election of a temporary Chairman. 4.3 Preservation of Order: The Chairman shall preserve order and decorum, prevent attacks on personalities or the impugning of members' motives, and confine members in debate to the question under discussion. 4.4 Points of Order: The Chairman shall determine all points of order, subject to the right of any member to appeal to the Council. If any appeal is taken, the question shall be, "Shall the decision of the Chairman be sustained ?" 4.5 Questions to be Stated: questions submitted for roll call vote shall be in the manner provided taking a final vote the motion. 5. ORDER OF BUSINESS AND AGENDA The Chairman shall state all a vote and announce the result. A taken upon the request of any member, in Section 6.7 of these rules. Before Mayor shall ask for discussion on the 5.1 Order of Business: The general rule as to the order of busi- ness in regular meetings shall be as follows: AGENDA OF THE CITY COUNCIL I. Call to order II. Citizen Requests and Other Communications. A. Communications and Personal Appearances by Citizens. B. Matters by Councilmembers. III. Consent Agenda All items listed below are considered routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Councilmember or citizen so requests, in which event the item will be - 3 - removed from.th:e Consent Agenda and considered in its normal sequence. A. Approval of minutes B. .Reports from Boards and Commissions C. Bid considerations D. Committee reports E. Ordinances and Resolutions IV. Public Hearings V. City Adimistrator's Report VI, Executive Session VII. Adjournment 5.2 Agenda: The order of business of each council meeting shall be as contained in the agenda prepared by the City Administrator. The order of business of the City Council shall include a Consent Agenda. The Consent Agenda is used as a tool to help shorten council meetings. It contains routine items which are not controversial in nature and do not need further discussion. The Consent Agenda can be handled with one motion from the City Council, " I move that the Consent Agenda, Item III (or Items "A" through "E") be approved as indicated, "followed by a roll call vote." If an item needs to be removed from the Consent Agenda and discussed separately (immediately after the Consent Agenda is approved) a typical motion to effect this might be, "I move that we approve -the- Consent Agenda Items "A" through "E" with the exception of Item "C". The Agenda shall be delivered to members of the Council at least twenty -four (24) hours preceding the meeting to which it pertains. The order of the agenda may be adjusted by the City Council as situations warrant. The Mayor shall announce at the opening of the meeting any items which have been removed'. 5.3 Presentation by Members of Council: The Agenda shall provide a time when the Mayor or any Councilmember_ may bring before the Council any business that he /she feels should be deli- berated upon by the Council. These matters need not be spe- cifically listed on the Agenda, however discussion and formal action on such matters shall be deferred until a subsequent Council meeting. 5.4 Placing Items On The Agenda: Any member of the City Council or general public may request items be placed on the agenda by submitting such items to the City Administrator in writing at least one week prior to the council meeting at which such item would be considered. 5.5 Reading of Minutes: Unless a reading of the minutes of a Council meeting is requested by a member of the Council, such minutes may be approved without reading if the City Secretary previously furnished each member with a copy thereof, and has previously posted same on the City Secretary's bulletin board. 6. ORDINANCES, RESOLUTIONS, AND MOTIONS 6.1 Form: Ordinances and resolutions shall be presented to the Council only in printed or typewritten form. 6.2 Funding: All ordinances authorizing an expenditure of money shall include the exact source of the funds to be expended. 6.3 City Attorney to Approver All ordinances and resolutions shall be "Approved as to Form and Legality" by the City Attorney. Such approval shall be so indicated by signature on the last page of the ordinance before presentation to the Council. 6.4 City Administrator to Review: All ordinances and resolutions shall be "Reviewed By" the City Administrator. Such review shall be so indicated by signature on the last page of the ordinance before presentation to the Council. - 4 - 6.5 Distribution of Ordinances: The City Secretary shall prepare copies of all proposed ordinances for distribution to all members of the Council at least twenty - four (24) hours before the Council meeting at which the ordinance is to be intro- duced. If the ordinance carries an emergency clause, copies of the ordinance must be distributed at least twelve (12) hours prior to the meeting of the Council at which said ordi- nance is to be considered. 6.6 Recording of Votes: The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the official record of the Council. 7 Majority Vote Required: Where a quorum of the City Council is present, a proposition is carried by a majority of the votes cast, although some of the members present refuse to vote. Where a member of the City Council is present but has not voted on °a matter, his or her silence shall be construed as concurring with the majority, at least where such con- currence is needed for adoption of the matter before the deliberative body. Abstaining votes shall therefore be construed as concurring with the majority favoring adoption of the matter. Councilmembers filing Conflict of Interest affidavits with the City Secretary shall be considered as not casting any vote on the issue at hand. Exceptions to the majority vote rule shall apply where ordinance requires otherwise such as in the Zoning Ordinance where by seven (7) favorable votes of the entire City Council is required to reverse a zoning recommendation of the Planning &- Zoning Commission. When any vote is called each Councilmember shall respond "yes (aye)," "no ", "abstain ", or "pass ". Any Councilmember who responds "pass" shall be given an opportunity at the end of the roll call to change his or her vote to "yes (aye) ", "no", or "abstain ". Any "pass" response not so changed shall be recorded as an .abstention. 6.8 Tie Vote: In the event of a tie in votes on any motion, the motion shall be considered lost. 6.9 Numbering Ordinances and Resolutions: Upon passage, a number shall be assigned to each ordinance or resolution by the City Secretary. 6.10 Ordinance Passage Procedure: When passed by the Council, an ordinance shall be signed by the presiding officer and be attested by the City Secretary; and it shall be immediately filed and thereafter preserved in the office of the City Secretary. Ordinances shall be published and read in accor- dance with City Charter Art. III, §19. 6.11 Requests for Ordinances or Legal Opinions: Any member of the City Council may request the City Administrator to have pre- pared proposed ordinances with such ordinances to be placed on the agenda of the next scheduled Council meeting, provided the ordinance can be drafted and distributed to members of the Council in accordance with time schedules set forth in Section 6.5 of these rules. Any member of the City Council may request written legal opinions, relating to City busi- ness, -from the City Administrator. Upon receiving requests for a proposed ordinance or a written legal opinion, the City Administrator shall forthwith request same from the City Attorney; and upon return receipt thereof, the City Administrator shall forthwith cause to have distributed the subject ordinance or written legal opinion to all members of the Council so that all members of the Council may be fully informed of the status of City affairs. Any member of the Council may, for purposes of inquiry, request verbal opinion .or advice on City legal matters directly from the Attorney. 7. CREATION OF COMMITTEES, BOARDS AND COMMISSIONS - 5 - 7.1 Citizen Committees, Boards and Commissions: The Council may create committees, boards, and commissions to assist in the conduct of the operation of the City government with such duties as the Council may specify not inconsistent with the City Charter or City Code. 7.2 Membership and Selections: Membership and selection of mem- bers shall be as provided by the Council if not specified by the City Charter or City Code. Any committee, board, or com- mission so created shall cease to exist upon the accomplish- ment of the special purpose for which it was created, or when abolished by a majority vote of the Council. No committee so appointed shall have powers other than advisory to the Council or to the City Administrator, except as otherwise specified by the City Charter or City Code. 7.3 Removal of Members of Boards and Commissions: The Council may remove any member of any board or commission which it has created or as created by the City Charter or by a vote of at least a majority of the Council. 8. CITIZENS' RIGHTS 8.1 Addressing the Council: Any person desiring to address the Council by oral communication shall first secure the per - mission of the presiding officer, provided, however, that preference will be given to those persons who have notified the City Secretary by noon of the Wednesday immediately pre- ceding the Tuesday Council Meeting of their desire to speak in order that their name may be placed on the agenda and they will be recognized by the presiding officer without further action. Persons addressing the Council shall complete a Registration Card upon arrival at the meeting and present it to the City Secretary. 8.2 Manner of Addressing the Council - -- Time Limit: Each person addressing the Council shall step -up to the microphone, shall give his /her name and address in an audible tone of voice for the record. Individual citizen presentations shall be limited to three (3) minutes, and group presentations shall be limited to ten (10) minutes. The Mayor, at his discretion, may reasonably extend these limits. All remarks shall be addressed to the Council as a body, and not to any member thereof. No person, other than members of the Council and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the Council. No questions shall be asked the Councilmembers, except through the presiding officer. 8.3 Personal and Slanderous Remarks: Any person making personal, impertinent or slanderous remarks, or who shall become boisterous, while addressing the Council may be requested to leave the meeting and may be forthwith, by the presiding officer, barred from further audience before the Council. 8.4 Reading of Protests: Interested persons, or their authorized representatives, may address the Council for the reading of protests, petitions, or communications relating to any matter over which the Council has control when the item is under consideration by the Council, if a majority of the Council present agrees to let them be heard. 8.5 Mayor May Appoint Committee or Refer Citizen's Complaints: The Mayor may appoint a committee of three members of the City Council to hear Citizens' complaints, or may refer Citizens' complaints to an Executive Session of the City Council, whenever the subject would be appropriate. 8.6 Written Communications: Interested parties, or their authorized representatives, may address the Council by writ - ten communication in regard to any matter concerning the City's business or over which the Council has control at any- time by direct mail or by addressing the City Secretary and copies will be distributed to the Councilmembers. 9. SUSPENSION AND AMENDMENT OF THESE RULES 9.1 Suspension of These Rules: Any provision of these rules not governed by the City Charter or City Code may be temporarily suspended by a vote of a majority of the Council. The vote on any such suspension shall be taken by ayes and noes and entered upon the record. 9.2 Amendment of These Rules: These rules may be amended, or new rules adopted, by a majority vote of all members of the Council, provided that the proposed amendments or new rules shall have been introduced into the record at a prior Council meeting. ATTEST: y S cretary - 7 - David ayto , Mayor ORDINANCE NO. 1986 -14 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF STEPHENVILLE, TEXAS, TO INCLUDE SECTION XII.1 "MANUFACTURED HOUSING DISTRICT". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: Section XII.1 of the Zoning Ordinance of the City of Stephenville, Texas, is hereby included as follows: I. DESCRIPTION: The Manufactured Housing District is intended to serve as a residential district for persons living in manufactured homes outside a mobile home park. The primary use of land is for single- family dwellings, along with related uses to provide the basic elements of an attractive living area. II. USE REGULATIONS: A. Primary Uses: 1. Accessory Building to main use. 2. Manufactured Homes 3. Mobile Homes 4. Home Occupation B. Conditional Uses: (Special Use Permit Required) None. III. AREA REGULATIONS: A. Front Yard: All buildings must be set back from the street right -of- way lines to comply with the following front yard requirements: a. The minimum depth of the front yard must be twenty- five (25) feet. b. Whe a lot has double frontage the front yard requirements must be provided on both streets. B. Side Yard: All lots must have side yard setbacks of not less than ten (10) percent of width of the lot, but such side yard need not exceed five (5) feet and shall not be less than four (4) feet. However, for buildings located on corner lots there must be a side yard setback from the inter- secting street of not less than twenty -five (25) feet. C. Rear Yard: A lot with a primary use building located on it must have a rear yard of at least ten (10) percent of the depth of the lot, but such rear yard need not be more than twenty -five (25) feet and shall not be less than ten (10) feet. IV. INTENSITY OF USE: Every lot or tract of land shall have an area of not less than five thousand (5,000) square feet and an average width of not less than fifty (50) feet, except that if a lot or tract should have less area or width than is herein required and its boundary lines along their entire length should touch lands under other ownership on the effective date of this ordinance and shall not have changed since said date, such parcel of land may be used for a single- family dwelling. V. SIZE REGULATION: The minimum area of the main building shall be seven hundred (700) square feet, exclusive of garage, breezeways, porches, and servant quarters. VI. HEIGHT REGULATION: No building shall exceed thirty -five (35) feet in height. VII. ACCESSORY BUILDINGS: A. No accessorybuilding shall be constructed upon a lot until the main use building has been placed on the lot. No accessory building shall be used unless the main use building on the lot is also being used. B. Accessory buildings may be constucted, not exceeding four hundred (400) square feet in floor area, when located on the same lot as the main use building. This does not include private garages, bonafide servants' quarters not for rent or used for commercial purposes. Such buildings may be used for customary home occupations as defined in this ordinance. C. In the MH District accessory buildings shall not occupy more than thirty (30) percent of the required minimum rear yard area. Accessory buildings shall be mainimum of twelve (12) feet from the main use building. In the MH District no accessory building shall be more than one (1) story in height. D. An accessory building cannot be located closer than five (5) feet from any easement or property line. VIII.PARKING REGULATIONS: In the MH District there shall be provided, in connection with appropriate allowable uses, off - street vehicle parking spaces in accordance with the following requirements: 1. A single - family dwelling, in the MH District shall pro- vide on each lot, two (2) vehicle parking spaces. Each space shall be enclosed, or unenclosed, sufficient in size to store one automobile together with a driveway connecting the parking space with a street or alley and permitting ingress or egress of an automobile. Said driveway may be a single driveway for both parking spaces. For purposes of this ordinance, the size of a parking space for one (1) vehicle consists of a rectangular area having dimensions of not less than ten (10) feet by six- teen (16) feet plus adequate area for ingress or egress. Such parking spaces and driveways must be paved with a sealed surface pavement and maintained in such a manner that no dust will be produced. 2. ALL OTHER USES PERMITTED IN THE MH DISTRICT: See Section XIV for additional primary and conditional use parking regulations. IX. SIGN REGULATIONS: See Section XV for sign regulations X. EXCEPTIONS TO USE, HEIGHT, AND AREA REGULATIONS: See Section XIII XI. MOTOR VEHICLE REGULATIONS; The regular or non- delivery parking of motor vehicles in the MH District shall be limited to passenger automobiles and commercial or hauling vehicles not exceeding twenty -five (25) feet in length. Tractors for tractor - trailer trucks shall not be allowed to park in residentail areas. PASSED AND APPROVED this 3rd day of June, 1986. David Clayftn, Mayor ATTEST; C y ecretary ORDINANCE NO. 1986 -15 AN ORDINANCE AMENDING SECTION III, VI, AND VII OF THE ZONING ORDINANCE OF THE CITY OF STEPHENVILLE, TEXAS, TO INCLUDE DEFINITIONS AND AREA REGULATIONS FOR TOWNHOUSES AND CONDOMINIUMS IN THE FOLLOWING DISTRICTS OF THE CITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: Sections III, VI, AND VII of the Zoning Ordinance of the City of Stephenville, Texas, is hereby amended as follows: DEFINITION: TOWNHOUSE: A single - family dwelling which is attached to one or more similar dwellings by a common fire wall or fire walls, interior to both, and which in combination with said attached dwellings constitues an architectural whole, on a separate lot, having it principal frontage on a street, and sharing one common property line, without a setback requirement, also referred to as a zero lot line. Such dwelling units when so constructed may be under separate ownership. CONDOMINIUMS: The use of a site for two or more dwelling units constructed with common or abutting fire walls and located on a commonly owned site together with common areas serving all dwelling units within the condominium group. Such dwelling units when so constructed may be under separate ownership. AREA REGULATIONS: NOTE: The area regulations for condominiums will be the same as for multi - family units in R -2 or R -3 zoning districts. Please refer to the City Zoning Ordinance, Section VI and VII. TOWNHOUSE: A. Front Yard: 25 foot minimum B. Side Yard: C. Rear Yard: INTENSITY OF USE 108 of lot width less than 4 feet. corner lots. 258 of lot depth. need not exceed 5 feet and not be A 25 foot setback required on Need not be more than 25 feet. A lot on which there is erected a townhouse dwelling unit shall contain an area of not less than three thousand (3,000) square feet and an average width of not less than twenty -five (25) feet. SIZE REGULATIONS: The minimum area of the main building shall be eight hundred (800) square feet exclusive of garage, breezeways, and porches. HEIGHT REGULATIONS: No building shall exceed thirty -five (35) feet in height. ACCESSORY BUILDING: An accessory building on a townhouse lot, not exceeding two hundred (200) square feet in floor area, will be allowed. The building shall not exceed one (1) story in height and shall be a minimum of twelve (12) feet from the main use building. An accessory building cannot be located closer than five (5) feet from any easement or property line. PARKING SPACES- A minimum of two (2) parking spaces shall be provided for each townhouse dwelling unit. SIGN REGULATIONS: Sign regulations shall be the same as for other single - family dwellings. PASSED AND ADOPTED this 3rd day of June, 1986. ST: t ecretary David Clayton, ayor