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HomeMy WebLinkAbout1986-08-05 - Regular City Council9 MINUTES OF THE CITY COUNCIL OF THE CITY OF STEPHENVLE, HELD ON TUESDAY, AUGUST 5, 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 Members: Bob Self Larry Hammett Bill Brede G.A. "Pinkie" Swindle Jim McSwain Ray Reynolds Larry Tatum and with the following member absent: Allen Horne. Others attending the meeting were 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, members of the press and others. ITEM II: CITIZENS REQUESTS AND OTHER COMMUNICATIONS: A. Om nunications and Personal Appearances by Citizens. 1. Request for variance from the City Subdivision Ordinance by Mr. Norman Christy for Christy Plaza. City Administrator Kurt Ackerman read a letter from Mr. Norman Christy requesting a variance on the issuing of building permits for the Christy Plaza property to allow building to begin prior to the road and improvements being completed. Mr. Christy said if the permits are issued after all improvements are completed, it would cause a hardship on the orderly development of the land. Mr. Greg. Christy addressed the Council asking if the variance could be granted after the curb, gutter, and base was in place? It was the consensus of the Council that this request was not a hardship situation, but a convenience for the developer. Also they would have to review the request again after the curb, gutter, and base was in place before granting a variance. Councilman Larry Hammett moved to deny the request for a variance on the issuing of building permits for the Christy Plaza property to allow building to being prior to the road and improvements being completed. Councilman Larry Tatum seconded the motion. The motion carried unanimously. 2. Consider Request For Rate Changes By Lone Star Gas Co. Mr. J. W. Beck, local manager for Lone Star Gas Co., presented a request for a 3.76% rate increase which will result in estimated annual revenue increase for Lone Star Gas's Stephenville distribution system of $71,960. Mr. Beck requested the Council to consider granting a temporary rate increase if they wanted more time to study this request and should the increase be denied the money would be refunded. After discussion, Councilman Pinkie Swindle moved to deny the request from Lone Star Gas for a 3.76% rate increase and deny the request for a temporary_ rate increase. Councilman Bill Brede seconded the motion. The motion carried unanimously. B. Matters By Councilmenbers: None 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 - 335 -- discussion of items unless a councilmenber or citizen so requests, in which event the item will be removed from the Consent Agenda and con- sidered in its normal sequence. Councilman Bob Self moved approval of the consent items listed below. The motion was seconded by Councilman . Tarry. Hammett. The motion carried as follows: AYES: Councilmen Bob Self, Tarry Hammett, Bill Brede, Mayor David Clayton, Pinkie Swindle, Jim McSwain, Ray Reynolds, and Larry Tatum. NOES: None. A. Consider for Approval - Minutes of July 1, 1986 as written. B. Report From Planning & Zoning Commission: 1. Plats: a. Approval - Replat of Lot 2, Block 1, North Hillcrest Sub- division. b. Removed from the Agenda at the request of Mr. Brad Allen, owner of Ridge Crest Subdivision - Preliminary Plat of a replat of Lot 1, Block 4, Green Acres Subdivision. 2. Request for Zoning Change: a. Approval - Recommendation to deny a change of zoning, from R -1 "Single - Family Dwelling District" to B-2 "Secondary & Highway Business District" on .659 acres of the John Blair Survey, Abst. 32, Erath County, Texas, bound to the north by W. Frey Street; to the south by W. Shirley Street; and to the west by N. Race Street. C. Bid Considerations: 1. Bid #2350: Street Department - Pavement tape for crosswalks and one -way street legends for left and right hand turn lanes. (Roadrunner Traffic Supply @ $8,089.41 as recommended by Danny Johnson) 2. Bid #2351: Fire Department - Roof Gutter for Station #1. (Only bid from Lydick Roofing Co. @ $3,235). 3. Bid #2352: Fire Department - Reroof Station #L. (Low bid from Lydick Roofing @ $4,788 as recommended by Jimmy Mooney). 4. Bid #2353: Street Department - Concrete drainage structure on Second Street (Taw bid from V. J. Butler @ $5,750 as recommended by Danny Johnson). D. Committee Reports: None E. Approval - Ordinance closing Cleveland Street between Overbill Dr. and Lingleville Highway. 0'0 1 1 M •7M 1 '•' • • •' M 01 • T • 1 1.- • • • :DIV •• • • z W"I DQW11 Q I RAW V 13 Di V 0 i�i • • «•. • IV: PMIC A. Public hearing to consider request to rezone, from B-1 "Neighborhood Business District" to B-2 "Secondary & Highway Business District ", Lot 14J, Block 14, River North Addition. Mayor livid Clayton opened the floor for a public hearing to consider the request from Mr. Earl Marrs to rezone, from B-1 "Neighborhood Business District" to B-2 "Secondary & Highway Business District ", Lot 14J, Block 14, River North Addition. THOSE IN FAVOR OF REZONING: - 336- RICHARD MARKS, owner /operator with his father, Earl Marrs, of the Stephenville Laundry, addressed the Council stating that they have outgrown their present facilities which are not cost efficient. Also they would like to expand their services. THOSE OPPOSED TO REZONING: None There being no one else present wishing to comment on this request, Mayor Clayton closed the public hearing. Councilman Pinkie Swindle moved that Lot 14J, Block 14, River North Addition, be rezoned from B-1 "Neighborhood Business District" to B-2 "Secondary & Highway Business District" as requested by Mr. Earl Marrs. Councilman Ray Reynolds < seconded the motion. The motion carried as follows: AYES: Councilmen - Larry Hammett, Bill Brede, Pinkie Swindle, Ray Reynolds, Larry Tatum, and Mayor David Clayton. NOES: Councilmen Bob Self and Jim McSwain. B. Public Hearing to consider request to rezone, from B-2 "Secondary & Highway Business District" to R -2 "One -Four Family Dwelling District ", 4.61 acres of the Park View Subdivision. Mayor David Clayton opened the floor for a public hearing to consider the request from Mr. W. L. Tidwell to rezone, from B-2 "Secondary & Highway Business District" to R -2 "One -Four Family Dwelling District ", 4.61 acres of the Park View Subdivision. THOSE IN FAVOR OF REZONING: MR. W. L. TIDWELL, developer, addressed the Council stating that this property had been caught in the transition to the new Zoning Ordinance. The Park View Subdivision was approved for development with four -plex structures on each lot. A four -plex structure was a primary use in a B -2 zoning district in the 1969 Zoning Ordinance, which was in effect at the time the subdivision plat was approved. A four -plex structure is not a primary use in a B-2 zoning district under the current (1985) Zoning Ordinance. Mr. Tidwell said he was requesting the change of zoning to bring the property into compliance with the current ordinance because should the structures burn they could not be rebuilt. Also financing on two structures is being held up because they are not in compliance with the ordinance. THOSE OPPOSED TO REZONING: None There being no one else present wishing to comment on this item, Mayor David Clayton closed the= public hearing. , After discussion, Councilman Ray Reynolds moved that the 4.61 acres of the Park View Subdivision be rezoned from B-2 "Secondary & Highway Business District" to R -2 "One -Four Family Dwelling District" as requested by Mr. W. L. Tidwell. Councilman Larry Tatum seconded the motion. The motion carried as follows: AYES: All members present voted aye. NOES: None V. CITY ALMINISTRATOR''S REPORT: A. Consider, status of .one -way_ designation of Baxter Street between McNeill and Washington Streets. City Administrator Kurt Ackermann reminded the Council this was post- poned from the June meeting pending comments from the Central School P.T.O. Mr. Ackermann read a letter from Janice Thompson, president of Central P.T.O., recommending this one -way status be made permanent as they feel the traffic flow is smoother and the children safer. Also a letter fron Mr. Wayne Ford, principal of Central Ward School, stating he felt the one -way northbound on Baxter Street had proved to be a good solution to the traffic problems in that area.. After discussion, Councilman Pinkie Swindle moved that City Attorney Joseph Chandler be instructed to draft an ordinance making Baxter Street one -way northbound between McNeill and Washington Streets per- manently. Councilman Larry Hammett seconded the motion. The motion carried unanimously. B. Consider Improvement Plans for Christy Plaza. Danny Johnson, - Director of Public Works, presented the.. improvement plans for Christy Plaza and recommended approval. After discussion, Councilman Bob Self moved approval of the improvement plans for Christy Plaza as reconmended_by Mr_ Johnson. Councilman Ray Reynolds seconded the motion. The motion carried unanimously. C. Consider wastewater discharge contract with Mr. Wayne Bees. City Administrator Kurt Ackermann explained that this contract was essentially the same as the one for Lawrence Hancock with the exception that Mr. Beus had requested a minimum of 30 acre feet annually instead of 15 acre feet annually. . After some discussion, Councilman Jim MCSwain moved approval of the wastewater discharge contract with Mr. Wayne Beus as written. Councilman Larry Tatum seconded the motion. The motion carried unani- mously. D. Hear report and consider status of two -way stop intersection at Mason and Belknap Streets and Mason and Graham Streets. After discussion, Mayor David Clayton assigned this item to the Traffic Study Committee. E. Consider proposal., by Director of Public Works to excavate a new land- fill waste trench Director of Public Works Danny Johnson addressed the Council stating that, due to the earlier rains, more of the current trench had been lost that anticipated. Mr. Johnson advised that after a new trench is opened the Texas State Department of Health must inspect and approve it. He had hoped to postpone this work until next budget year, however considering the time to excavate, inspect, and get approval from the TDH, and the fact that the current trench will exceed capacity by October, it was his recaimendation to begin work this budget year rather than waiting until after October. Mr. Johnson also advised that approval of this request will require a budget amendment of $45,000 which would cane from Landfill Cash Balance. The caning budget proposal will be reduced by $45,000 in Landfill Budget # 261 "Other Contractual Services Bid #2348 tabulations were included in the packets. Should the Council wish to do this ,excavation this year then the bid can be awarded to one of the vendors on the bid tabulation. After discussion, Councilman Pinkie Swindle moved to excavate a new landfill waste trench now and take $45,000 fran Landfill Cash Balance. Councilman Larry Hammett seconded the motion. The motion carried una- nimously. Councilman Pinkie Swindle moved acceptance of the low bid of $0.79 per cubic yard from Jay Mills Construction Co. for excavation of a trench approximately 150 feet wide, 400 feet long, and 25 feet in depth at the City Landfill site. Councilman Bill Brede seconded the motion. The motion carried unanimously. F. Hear report regarding removal of private property and the repair of Morningside Drive right -of -way. - 338 City AcIninistrator. Kurt Ackermann explained this is also connected indirectly with our effort of securing an easement across the property from Mr. Ira Decker. There is some equipment in the right- of-way which, through personal contact and letters from the City Attorney, the City has been unable to get Mr. John Pack to remove. Mr. Pack has also done sane excavation in the right - of-way which the City has been unable to get him to correct and repair. City Attorney Chandler has suggested to go ahead and try to get Mr. Pack to sign a promissory note for the expenses in order for the City to recover its costs there. Council authorization is needed before work is actually started. Councilman Pinkie Swindle moved that the City Council authorize Mr. Chandler to draw up the promissory note and for the city crew to start clearing the right- of-way as soon as Mr. Decker signs the easement. Councilman Larry Hammett seconded the motion. Councilman Bob Self asked for more discussion. Councilman Self noted that he understood what they were saying and he agreed except we are tying those two together and he did not feel it could be cone legitimately and would have no defense for doing it that way because keeping the right- of-way is the City's responsibility and he did not feel it should be tied to getting the easement. After more discussion, question was called on the motion on the floor. The motion carried as follows: AYES: Councilmen Larry Hammett, Bill Brede, Pinkie Swindle, Jim McSwain, Ray Reynolds, and Larry Tatum. NOES: Councilman Bob Self. VI': EXBCDTIVE'SESSION: Mayor David Clayton recessed the open portion of this meeting and called the Council into executive session as provided in the Open Meetings Law, V.T.C.S., Article 6252 -17, Section 2(f)(g). to consider the following: A. To discuss the exchange or value of real property - Harbin Drive. B. Pending litigation - Gladys L. Stanford vs. James 0. Bachus and the City of Stephenville. Mayor David Clayton reconvened the Council into open session and the following action was taken on matters discussed in executive session. Councilman Larry Hammett moved that the City Council authorize the taking of bids for the sale of the Harbin Drive property. Councilman Pinkie Swindle seconded the motion. The motion carried unanimously. There being no other business to come before the Council at this meeting, Mayor David Clayton adjourned the meeting at 9:20 p.m. ATTEST: C' etary - 319 ;- r . yto ,� yor ORDINANCE NO. 1986 -19 AN ORDINANCE REZONING THE LAND DESCRIBED FROM THE ZONING CLASSIFICATION OF B -1 "NEIGHBORHOOD BUSINESS DISTRICT" TO B -2 "SECONDARY & HIGHWAY BUSINESS DISTRICT ". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: That certain land in the City of Stephenville, Texas, and being: Lot 14J, Block 14, River North Addition and it is hereby rezoned and the zoning classification thereof is hereby changed from the classification of B -1 "Neighborhood Business District" to B -2 "Secondary & Highway Business District ". Said land is from this date zoned as B -2 "Secondary & Highway Business District ", in accordance with the zoning ordi- nance of the City of Stephenville. PASSED AND APPROVED this 5th day of August , 1986 . f Mayor ATTEST: (a_ - , , . __ Z_e_a�� ecretary NO. 1986 -18 AN ORDINANCE REZONING THE LAND DESCRIBED FROM THE ZONING CLASSIFICATION OF B -2 "SECONDARY & HIGHWAY BUSINESS DISTRICT" TO R -2 "ONE -FOUR FAMILY DWELLING DISTRICT ". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: That certain land in the City of Stephenville and being The 4.61 acres of the Park View Subdivision (the entire subdivision). and it is hereby rezoned and the zoning classification thereof is hereby changed from the classification of B -2 "Secondary & Highway 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 ATTEST: __. �°"� e., ems►✓ ty ecretary 5 day of August , 198 6. Mayor e