HomeMy WebLinkAbout1986-07-01 - Regular City CouncilMINUTES OF THE CITY COUNCIL
OF THE
CITY OF STEPHENVILLE, HELD ON
TUESDAY, JULY 1, 1986 - 7:00 P.M.
ITEM I: CALL TO ORDER.
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
Members: Bob Self G. A. "Pinkie" Swindle
Larry Hammett Jim McSwain
Bill Brede
Allen Horne
and with the following members absent: Ray Reynolds and
Larry Tatum.
Others attending the meeting were City Administrator Kurt
Ackermann, City Secretary Joyce Pemberton, City Attorney
Joseph Chandler, Chief of Police Doug Conner, Fire Chief
Jimmy Mooney, Director of Finance Charlene Young, Director
of Public Works Danny Johnson, members of the press and
others.
ITEM II: CITIZEN REQUESTS AND OTHER COMMUNICATIONS:
A. Communications and Personal Appearances by Citizens.
1. Consider request by Mrs. Betty Heath regarding an
ordinance specifying types of garbage containers
and placement for collection.
Mrs. Betty Heath addressed the Council stating she
would like to see the Council (by ordinance) define
specific rules (for the downtown area only) as to
what kind of garbage containers are appropriate and
how long garbage material may be left out before
pickup. Mrs. Heath said she personally would like
to see a rule that all trash awaiting hand pickup
must be confined to plastic bags, with all card-
board boxes to be broken down and placed in
dumpsters, but would be content to leave the matter
to the Council's judgement, if only there would be
a rule that trash can be left outside the dumpster
only "X" number of hours prior to pickup. Mrs. Heath
also asked the Council to consider delineating spe-
cifically how long "merchandise" may be left on
space that is public walkway. If there were some
specific rules about this, there would some eyesores
in the downtown area eliminated or at least discouraged.
Mayor David Clayton assigned this to the Public
Health & Safety Committee for study and to report
back as soon as possible.
2. Consider request by Mr. Carroll Martin regarding
amendment to the City Taxicab Ordinance.
Mr. Carroll Martin, owner of Metro Cab, addressed
the Council stating he is in favor of amending and
updating the City's present Taxicab Ordinance
(adopted in 1958). Mr. Martin said that the fact
that the City of Stephenville's present ordinance
covering taxicabs is inadequate to insure the
health, safety, and general welfare of its citi-
zens, he asked the Council to consider amending the
330
ordinance to include: taximeters, investigation of
the applicant, requiring liability insurance,
requiring an annual fee to be paid to the City for
the privilege of operating on city streets, and set
a price to be charged by all taxicab operators.
Mayor David Clayton assigned this to Franchise
Utilities Committee for study and recommendations.
3. Consider request by Optimist Club for permission to
exhibit fireworks at the July 4th Family Fun Fair.
Councilman Pinkie Swindle moved to grant the
request from the Optimist Club to exhibit fireworks
at the July 4th Family Fun Fair. Councilman Allen
Horne seconded the motion. The motion carried
unanimously.
4. Consider request by Mrs. Jean Stone to install
light posts on city sidewalk at 241 N. Belknap St.
In the absence of Mrs. Jean Stone, City Admini-
strator Kurt Ackermann explained to the Council
that Mrs. Stone wanted to install the old timey
looking lamp post with 3 or 4 globes on them. She
believes they will enhance the looks of the store
and street. Also that part of the street is not
well lighted at night. She would also like to
install some planter type boxes (maybe brick or
stone).
Mayor David Clayton assigned this item to the
Damage Claims Committee for study and recommendations.
Councilman Bob Self asked that the Committee consider
looking at a project that might involve the entire
downtown area with this type of lighting rather just
one store.
B. Hear discussion from Councilmember Bob Self regarding
updating of Code of Ordinances, Chapter 11, Article 2
(11 -22 thru 11 -46), Solicitors' Permits.
Councilman Bob Self stated he felt it was time to take
another look at this particular ordinance that governs
permitting of peddlers, solicitors, and venders in the
residential areas of town. The proposal is not aimed
at individuals on fund raising events, i.e. boyscouts
and similar organizations or individuals who call and
make appointments ahead of time. Sample ordinances
from other cities of similar size have been obtained
and they are much more strict than ours. He would like
for some committee to look into this and compare some
of the ordinances from other cities with ours and maybe
make some amendments to ours.
Mayor David Clayton assigned this to the Public Health
& Safety Committee for study and recommendations.
ITEM III: CONSENT AGENDA:
A. Consider For Approval Minutes of June 3rd, 19th and
20th, 1986, As Attached.
B. Report from Planning & Zoning Commission.
1. Plats:
a. Approval of Christy Plaza Subdivision Final Plat.
b. Approval of Greenbriar Subdivision Preliminary
Plat
331
3
2. Requests For Zoning Changes:
a. Set Tuesday, August 5, 1986 at 7:00 p.m. in
City Council Chambers at City Hall as the date,
time, and place for a public hearing to con -
sider rezoning, from B -1 to B -2, Lot 14J, Block
14, River North Addition.
b. Set Tuesday, August 5, 1986 at 7:00 p.m. in
City Council Chambers at City Hall as the date,
time, and place for a public hearing date to
consider rezoning, from B -2 to R -2, 4.61 acres
of Park View Subdivision.
3. Consider request by Mr. J. O. Bachus to purchase
"city right -of- way ". (Removed from Consent Agenda at the
request of Councilman Pinkie Swindle).
C. Bid Considerations:
1. Breathing Air - Compressor & System -Bid #2345
2. Water & Sewer Improvements
D. Committee Reports:
1. Public Health & Safety Committee:
a. Emergency ambulance policy amendment.
2. Water Planning Committee:
a. Sale of wastewater discharge. (Removed from
Consent Agenda at the request of Councilman
Allen Horne).
Councilman Pinkie Swindle moved approval of the Consent Agenda
items "A" through "D" with the exceptions of "B 3" and "D 2a ".
Councilman Allen Horne seconded the motion. The motion carried
by the following roll call vote:
Bob Self,
Yes
Pinkie Swindle,
Yes
Larry Hammett,
Yes
Jim McSwain,
Yes
Bill Brede,
Yes
Ray Reynolds,
Absent
Allen Horne,
Yes
Larry Tatum,
Absent
David Clayton,
Yes
B. Report from Planning & Zoning Commission: (Removed
from Consent Agenda)
3. Consider request by Mr. J. O. Bachus to purchase "city
right -of- way ".
Councilman Swindle asked if the Planning & Zoning
Commission had a recommendation on this request to
purchase "city right -of- way ", .37 acres of the John
Blair Survey, Abst. 32, adjacent to Block 3,
Shapard & Collins Addition.
City Administrator Kurt Ackermann advised that the
Planning & Zoning Commission's recommendation is to
take whatever appropriate action is necessary to
Quit Claim the property in question to the
appropriate parties and property owners involved up
there. There was a condemnation of this property
involved, but the City never exercised its condem-
nation, but for some reason the City seems to be
involved and what the City is trying to do is Quit
Claim it to alleviate any claims the City may have
to this property.-
City Attorney Joseph Chandler advised that it must
be determined who the adjoining property owners are
332
and each adjoining property owner is entitled to a
parcel of the property and, if each one that gets a
parcel of the property, it will have to be surveyed.
It will involve some study and looking at on the
ground.
Mayor David Clayton assigned this item to the
Planning & Development Committee to study this,
contact the property owners and, with Mr. Chandler's
help, decide what the City's interest is and how to
dispose of it, if the City has any interest.
D. Committee Reports:
2. Water Planning Committee: (Removed from Consent
Agenda).
a. Sale of Wastewater Dischage:
Councilman Allen Horne reported the Water
Planning Committee, in their meeting of June 12,
1986, had made some recommendations with regard
to the sale of wastewater discharge to Mr.
Lawrence Hancock. Since that time he has had
time to think about it some and would like for
the Council to look at the charges recommended
by the Committee to see if the Council thought
they were too high. He said he liked the way
it was outlined, but was not sure the charges
were appropriate.
Mr. Lawrence Hancock came before the Council to
discuss the renewal of his contract to purchase
wastewater discharge.
During the discussion with Mr. Hancock, the
subject of metering the discharge came up.
Mayor David Clayton asked Willis Engineering
(the city's consulting engineers) if they would
give the city some guidance on how to meter the
wastewater discharge. Willis Engineering said
they would work up a proposal.
After a very lengthy discussion with Mr. Hancock,
Councilman Pinkie Swindle moved to grant Mr.
Lawrence Hancock and anyone else wishing to
purchase wastewater discharge from the City:
A three (3) year contract, with right of first
refusal on a new three (3) year contract at the
end of three years with the price to be renego-
tiated by the then Council.
15 Acre feet minimum
100 Acre feet maximum
$25.00 per acre foot to maximum
Water meter (type to be determined by Willis
Environmental Engineering, Inc.) to be fur-
nished by user.
Councilman Larry Hammett seconded the motion.
The motion carried by the following vote;
AYES: All members present voted aye.
NOES: None
Mayor David Clayton stated it is the recommen-
dation of the Water Planning Committee that the
City not attempt to sell over 600 acre feet of
wastewater discharge per year in any one year.
333
ITEM IV: PUBLIC HEARINGS: NONE
ITEM V: CITY ADMINISTRATOR'S REPORT REGARDING FINAL PLAT FOR
HARBIN DRIVE.
ITEM VI:
City Administrator Kurt Ackermann advised that this Final
Plat was approved by the Planning & Zoning Commission on
June 30, 1986. All changes to the Preliminary Plat are
included on this Final Plat drawn by Willis Engineering.
This includes only the northern lots as Phase 1. Phase 2
will be those lots on the south side and will be platted
and brought to the Council at a later date.
Councilman Pinkie Swindle moved approval of this final plat
of the Harbin Drive Extension property as presented with
the deed restriction that the property owners will install
and maintain a six (6) foot privacy fence behind these pro-
perties. Councilman Bill Brede seconded the motion. The
motion carried by the following vote:
AYES: All members present voted aye.
NOES: None
EXECUTIVE SESSION.
Mayor David Clayton recessed the open portion of this
meeting for the purpose of an executive session as provided
in the Open Meetings Law, Vernon's Texas Civil Statutes,
Article 6252 -17, Section 2(f), to consider the purchase of
real property.
Mayor David Clayton reconvened the Council into open
session.
No action was taken on matters discussed in the executive
session.
There being no other business to come before the Council, Mayor
Clayton adjourned the meeting at 9:30 p. AT ST; ayton ayor
t ecre t ary
334
ORDINANCE NO. 1986-17
ORDINANCE DECLARING PORTION OF NORTH CLEVELAND AVENUE AND BEING
1.064 ACRE OF LAND TO HAVE BEEN ABANDONED FOR STREET PURPOSES AND
ORDERING THE SAME VACATED AND CLOSED.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE:
That portion of North Cleveland Avenue described as follows:
FIELD NOTES
THE STATE OF TEXAS:
COUNTY OF ERATH:
ALL that certain 1.064 acre tract of land out of the John Blair Survey, Abstract
No. 32, in Erath County, Texas, being all of that certain 0.85 acre tract of
land described in deed from Wayne Barham to the City of Stephenville and
recorded in Volume 483,_Page 48 of the Deed Records of Erath County, Texas and
part of the original North Cleveland Ave. and described as follows:
BEGINNING at an iron rod found in place in the west line of North Cleveland
Ave., being the SE corner of a 2.91 acre tract described in deed from Loving
Care, Inc. to Andre Company of R. I., Inc., dated May 24, 1982 and recorded in
Volume 604, Page 537 of the Deed Records of Erath County, Texas, for the SW
corner of this tract, from which the NE corner of Lot 1 of Block M of the
Chamberlin Addition to the City of Stephenville bears S 300 00' E, 25.01;
THENCE N 30° 02' W for a distance of 100.0' along the west line of north
Cleveland Ave. to an iron rod set at the beginning of a curve, for a corner of
this tract;
THENCE along a curve to the left having a radius of 166.0' and an arc length of
100.01, being subtended by a chord of N 470 17' 30" W for a distance of 98.50,
to an iron rod set at the end of said curve and the beginning of a second curve
for a corner of this tract;
THENCE along a curve to the right having a radius of 166.0' and an arc length of
100.01, being subtended by a chord of N 470 17' 30" W for a distance of 98.50'
to an iron rod set at the end of said curve for a corner of this tract;
THENCE N 300 02' W for a distance of 650.17' to an iron rod set at the NE corner
of said 2.91 acre tract, being in the southwest line of Farm Road No. 8, for the
NW corner of this tract;
THENCE S 770 41' 23" E for a distance of 67.65' along the southwest line of Farm
Road No. 8 to an iron rod set at the NW corner of 2.38 acre tract described in
deed from Wayne Barham to R. W. McDonnell. Construction Company, Inc., dated
December 8, 1972 and recorded in Volume 483, Page 51 of the Deed Records of
Erath County, Texas, for the NE corner of this tract;
THENCE S 300 02' E for a distance of 604.60' to an iron rod set at the beginning
of a curve for a corner of this tract;
THENCE along a curve to the left having a radius of 116.0' and an arc length of
69.881, being subtended by a chord of S 470 17' 30" E for a distance of 68.83'
to an iron rod set at the end of said curve and the beginning of a second curve
for a corner of this tract;
THENCE along a curve to the right having a radius of 216.0' and an arc length of
130.121, being subtended by a.chord of S 470 17' 30" E for a distance of 128.17'
to an iron rod set at the end of said curve for corner of this tract;
THENCE S 300 02' E for a distance of 99.95' to an iron rod set at the SW corner
of a 8.96 acre tract described in from the City of Stephenville to Wayne
Barham, dated December 90 1965 and recorded in Volume 404, Page 519 of the Deed
Records of Erath County, Texas for the SE corner of this tract;
THENCE S 590 54' 39" W for a distance of 50.0' to the place of beginning and
containing 1.064 acres of land.
a Registered Public Surveyor of the State of
Texas do hereby certyify that these field notes are true and correct to the best
of my knowledge and peleif, May 14, 1986.
OF F+
k
ITAYNE GRAHAM Jd)
C SURV
is hereby declared to have been abandoned for street purposes and
said land described in the field notes and plat is hereby ordered
vacated and closed as a portion of North Cleveland Avenue.
PASSED AND APPROVED this 1st day of July, 1986.
David Clayton, Mayor
ATTEST:
Qa--4_ r .
Joyce Pemberton,
City Secretary
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IN
ORDINANCE NO
1986 -16
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
ATTEST:
ty Secretary
day of June , 198 6.
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