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HomeMy WebLinkAbout1986-06-20 - Special City CouncilMINUTES OF THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, HELD ON FRIDAY, JUNE 20, 1986 - 10:00 A.M. A called 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 -late Larry Hammett Jim McSwain Bill Brede Ray Reynolds Allen Horne Larry Tatum and with the following members absent: None. Also attending were City Administrator Kurt Ackermann, City Secretary Joyce Pemberton, City Attorney Joseph Chandler, Director of Public Works Danny Johnson, Planning & Inspections Coordinator Betty Chew, Chairman of Planning & Zoning Commission Charles Castleberry and others. ITEM I: HEAR REPORT FROM FRANCHISE UTILITY COMMITTEE REGARDING: A. House Moving Permits: Councilman Allen Horne, Chairman of the Committee, reported the committee recommends that the City Council, by minute action, adopt the following policy instructing the City Building Inspector to follow the guidelines stated below in the issuing of permits for the transporting of structures in the City of Stephenville: 1. All structures in excess of 13.5 feet tall, when measured from the street grade, and including the vehicle or trailer on which the structure is loaded, to the highest point of the structure, shall be required to be permitted by the City Building Inspector in conformance with the Uniform Building Code (latest edition) and this policy. 2. Applicant pay a permit fee as prescribed in the building permit fee schedule. 3. All local utility managers or their designated representative review and sign each application prior to permit issuance. 4. The Chief of Police also review and sign each application. 5. All permit applications be accompanied by a route map. 6. Applications are to be filed at least two (2) weeks prior to actual transporting of a structure. 7. The property owner from which a structure is to be moved is responsible for securing these permits. Councilman Larry Hammett moved that the City Council adopt the Franchise Utility Committee's recommendations (listed above) as an addition to the City's policies regarding house moving permits, etc. Councilman Larry Tatum seconded the motion. The motion carried unanimously. B. Sewer Service Outside City Limits: 325 Councilman Allen Horne, Chairman of the Committee, reported that the Committee, after reviewing Dr. Lilly's request for sewer service outside the city limits, the Committee recommends the City not extend any sewer service outside the city limits. Councilman Horne said they checked with the City's bond advisor and there would be no violation of the city's bond covenants by extending service outside the city limits. A drawback to such extension is that all rates outside the city limits are subject to approval by the Public Utility Commission which is a complicated and lengthy procedure which is often very expensive. Councilman Horne said that, in his opinion, the Council should not even consider issues of this type. City sewer is for city residents and he doesn't think it should be sold outside the city limits. Councilman Bill Brede moved to accept the recommendation of the Committee that the City not extend any sewer service outside the city limits. Councilman Larry Hammett seconded the motion. Councilman Bob Self asked for discussion before taking a vote on above motion. Councilman Self said in the previous meeting regarding this issue he brought up the fact that the sewer is an enterprise fund. It is not supported by the tax base and citizens of the city. If the Council is going to adopt a blanket policy of not even considering in the future extension of sewer ser- vice outside the city limits when the only problem is the setting of rates, it seems a little too nearsighted. Councilman Ray Reynolds commented that the Committee discussed this being an enterprise fund, but they could not reach a decision as to where the "cut -off" would be. There are a lot of things to consider and they could not make a determination as to what would be fair to everyone. Councilman Larry Tatum commented that when everyone within the city limits is connected to sewer then start thinking of those outside the city limits. City Administrator Kurt Ackermann commented that the cost of getting the tariff approved by the PUC is pretty extensive; the hiring of rate consultants and putting on a case in Austin. Mr. Jack Gray, the City's bond consultant, said it could take as long as a year to get rate approved by the PUC. Councilman Horne pointed out that it was his personal recommendation, not the Committee's, that the Council not consider any other requests for sewer outside the city limits. Director of Public Works Danny Johnson addressed the Council stating that the south outfall line being planned now, he is working on "easements now, will be going across the property out of the city limits. Two property owners have already asked if they could hook up to this line. It will be going through the middle of some developable property. Mr. Johnson said he just wanted to bring this out at this time because it will be coming up in the near future. Councilman Horne commented that maybe the Council should look at the cost involved in going to the PUC; getting a tariff and rate charge for this city and split it, some way recoup those funds, from those people wanting to hook -up to city sewer. 326 After much more discussion, Councilman Bill Brede withdrew his motion and Councilman Hammett withdrew his second. Councilman Allen Horne moved that the City not extend any sewer service, in this particular case, to Dr. Albert Lilly. Councilman Larry Hammett seconded the - motion. The motion carried by the following vote: AYES: Larry Hammett, Bill Brede, Allen Horne, David Clayton, Pinkie Swindle, Jim McSwain, Ray Reynolds, and Larry Tatum. NOES: Bob Self. ITEM II: HEAR REPORT FROM DAMAGE CLAIMS COMMITTEE. A. Damage Claim by Mr. Tom Kemp: Councilman Bill Brede reported the Committee, after reviewing details of Mr. Kemp's claim with Mr. Danny Johnson, recommended the City reimburse Mr. Kemp for damages to his vehicle in the amount of the low repair estimate of $146.23. Councilman Bill Brede moved the Council accept the recommendations of the Committee that the City reim- burse Mr. Tom Kemp for damages to his vehicle in the amount of the low repair estimate of $146.23. Councilman Larry Tatum seconded the motion. The motion carried unanimously. B. Damage Claim by Bill Corbin: Councilman Bill Brede reported the Committee, after reviewing details of Mr. Corbin's claim for damages to his building at 700 South Loop resulting from a sewer back -up, recommended the City not pay damages because the Committee was informed that the back -up was due to road building materials left in a manhole by a contrac- tor working for the State Department of Highways & Public Transportation and the City's sewer system is a governmental function and therefore enjoyed immunity from liability. Councilman Brede moved the City not pay damages as sub- mitted by Mr. Corbin for the reasons stated above. Councilman Larry TatumS�e�nded t6­ .AAD -1—, -veJ Lc)1_L"/r i i`x After discussion, Councilman Ray Reynolds moved that the City not pay damages submitted by Mr. Bill Corbin because it was not the City Sewer Department that caused damage. Councilman Allen Horne seconded the motion. The motion carried unanimously. C. Waiver of Penalty On Ad Valorem Taxf Councilman Bill Brede reported that the Committee had reviewed the request from Caporal Forging, Inc. and had determined the tax statements were mailed to the only address the tax office had. They felt it was Caporal's responsibility to report a change of address to the tax office. Therefore the Committee recommended the penalty on Caporal's ad valorem taxes for the current year not be waiver. Councilman Bill Brede moved that the penalty on Caporal Forging, Inc.'s ad valorem taxes for the current year not be waived. Councilman Allen Horne seconded the motion. The motion carried unanimously. 327 ITEM III: PUBLIC HEARINGS: A. Consider negative recommendation from Planning & Zoning Commission regarding rezoning 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. Charles Castleberry, Chairman of the Planning & Zoning Commission, addressed the Council stating the Commission felt R -3 was not conducive to the area for what the statutes set up for the zoning restrictions that have been established. There was one negative vote when the Commission voted to deny the rezoning. Councilman Bob Self expressed concern of whether the property could be developed at all as there is no street access in there as the P & Z Commission at the previous meeting had recommended that the unused portion of Cleveland Street be closed. Mrs. Barbara Terrell, Vice Chairperson of the Planning & Zoning Commission, addressed the Council stating there were a.number of people objecting to the R -3, "Multiple- Family Residential District ", because of the traffic, noise, etc. but were agreeable to R -2, "One -Four Family Dwelling District ". Mr. Bill Oxford, representing the Andre Company of Rhode Island, addressed the Council stating (in part) that he might have mislead the P & Z Commission because he had indicated one -four family type dwellings would be used, therefore, they had thought R -2 zoning would be suf- ficient. The primary use will be a "residence home for the aged" which is listed in "Primary Uses" in R -3, not in R -2. Mayor David Clayton assigned this issue to the Planning and Development Committee for study and report back to the Council as soon as possible. B. Consider recommendation from the Planning & Zoning Commission regarding the rezoning from R -1, "Single - Family Dwelling District" to B -1, "Neighborhood Business District" the northern 317.24 feet of Lots 11, 12, 12A, 12B, 13, 14A, 14B, 14C, Block 140, City Addition; and to R -2, "One -Four Family Dwelling District" the southern 406.03 feet of 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. Charles Castleberry, Chairman of the Planning & Zoning Commission, addressed the Council stating the Commission did have a public hearing on this issue and there was significant citizen opposition and he felt the Commission had met their opposition with the above recommended zoning. Janice Chandler, 103 Greenview, addressed the Council stating her objections to the B -1 zoning because of the increase in traffic, noise, etc. Arlon Weems, 111 Greenview, addressed the Council stating he felt it would be better as B -1 property than R -2. After a very lengthy discussion, Councilman Pinkie Swindle moved that the City Council override the recom- mendation of the Planning & Zoning Commission and rezone Lots 11, 12, 12A, 12B, 13, 14A, 14B, 14C, Block 140, City Addition, from R -1 to B -1 (that property along Harbin Dr. from Washington to Blakeney); and part of 328 Blocks 1 and 3, South Side Addition, from R -1 to R -2. Councilman Allen Horne seconded the motion. The motion carried unanimously. IDER PRELIMINARY PLAT OF A SUBDIVISION OF PART OF K 140. CITY ADDITION. AND PART OF BLOCKS 1 AND 3. Charles Castleberry, Chairman of the Planning & Zoning Commission, addressed the Council stating Commission recom- mended approval of the proposed preliminary plat with the following amendments: 1. A utility easement cutback Lots 2 and 3, Block 1. 2. Utlity easments be extended on the southwest corner of between Lots 3 and 4, Block 1. Councilman Ray Reynolds moved acceptance of the preliminary plat of the subdivision of part of Block 140, City Addition, and part of Blocks 1 and 3, South Side Addition, with the amendments as recommended by the Planning & Zoning Commission. Councilman Larry Tatum seconded the motion. The motion carried unanimously. There being no other business to come before the Council at this time, Mayor David Clayton adjourned the meeting at 11:50 a.m. ATTEST: i ty ecretary 329 David Clayt , Mayor ORDINANCE NO. 1986 -15 AN ORDINANCE REZONING THE LAND DESCRIBED FROM THE ZONING CLASSIFICATION OF R -1 "SINGLE - FAMILY DWELLING DISTRICT" TO R -2 "ONE -FOUR FAMILY DWELLING DISTRICT ". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: The southern 406.03 feet of 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. and it is hereby rezoned and the zoning classification thereof is hereby changed from the classification of R -1 "Single- Family Dwelling District" to R -2 "One -Four Family Dwelling District ". Said land is from this date zoned as R -2 "One -Four Family Dwelling District, in accordance with the zoning ordinance of the City of Stephenville. PASSED AND APPROVED this 20th day of June , 198 6. Mayor ATTEST: a«J y Secre ary _