HomeMy WebLinkAbout1986-11-11 - Regular City CouncilMINUTES OF THE CITY COUNCIL
OF THE
CITY OF STEPHENVILLE, HELD ON
TUESDAY, NOVEMBER 11, 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 Allen Horne
Larry Hammett James L. "Jim" McSwain
Bill Brede Ray Reynolds
Larry Tatum
and with the following member absent: G. A. "Pinkie" Swindle.
Others attending were City Administrator Kurt Ackermann, City Secretary
Joyce Pemberton, City Attorney Joseph Chandler, Director of Finance
Charlene Young, Director of Public Works Danny Johnson, Fire Chief Jimmy
Mooney, Planning & Inspections Coordinator Betty Chew, Street Supt.
Clinton Hicks, members of the press, and others.
ITEM II. CITIZENS REQUESTS AND OTHER COMMUNICATIONS:
A. Carmunications & Personal Appearances:
1. Consider complaint by Mr. David Gay regarding City's handling of
animal cruelty case.
Mr. David Gay addressed the Council regarding the Police Department's
handling of the investigation of the shooting of his two dogs by
Reserve Deputy Michael Dees on October 1, 1986. Mr. Gay said he
questioned the investigation resulting from the shooting of his dogs.
He said he questioned the ethics of the Police Department in the
investigation and the manner in which Officer James Kennerly handled
the investigation and some of the statements made by Officer Kennerly.
Also it was his understanding that Officer Kennerly was a close
and personal friend of Mr. Dees.
Ms. Daryl Travalini, 2251 Lingleville Hwy., addressed the Council
stating she worked at Sharp's Laundry, 160 East Highway 8, and on
October 4, 1986 at 5:30 p.m. a pit bull dog came in and attacked
her dog which she had with her for protection because she worked
late at night at the laundry. She and two other people beat the
pit bull dog off her dog and got it outside where it was just
roaming around. She called the police as her dog had been slashed
and was bleeding and she could not leave the laundry unattended.
The police refused to cane see her, they refused to come get the
dog and they said the dog catcher was away for the week -end.
Joyce Whitis called the Police Department and found out the dog
catcher was not away for the week -end but was just at hone and did
not have a phone and no one at the Police Department wanted to go
get him. They said they were not authorized to drive the truck to
cane get the dog. She did not know if the dog had rabies and her
dog had been slashed and was bleeding. She asked if they could
just get a truck out there and pick the dog up and they said no
they could not do that. She asked then to get a chain and cone
chain the dog up because all she had was a rope in her pickup
which she did not think would hold the pit bull dog and they would
not do that either. She had to go out by herself and get the pit
bull dog and tie it up. She had to stay at the laundry until
11:30 p.m. then take her dog hone and cane to police station at
midnight to file a complaint. No one came to the laundry to see
if she was O.K. They would not bring a chain to chain the dog
outside. The dog was gone the next morning therefore could not be
checked for rabies. Her complaint is that she got no help what-
soever from the Police Department.
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Mayor David Clayton advised Mr. Gay and Ms. Travalini that these
complaints would be investigated and they would be notified of the
results of the investigation.
2. Consider Preliminary Plat of Bluebonnet Subdivision and Variance
Request by Mr. Robert Fain.
Mayor David Clayton informed the Council that Mr. Fain is
requesting a variance from the City of Stephenville Subdivision
Ordinance and utility Extension Policy which requires the develo-
pers of corner lots to install utility lines on both sides of
corner lots. A sewer main extension will be needed on the Dale
Avenue side of Lot 1, Block 1. Mr. Fain would like to install the
sewer main when he sells the lot rather than installing the sewer
main at this time.
Planning & Inspections Coordinator Betty Chew explained this was a
5 lot single family residential subdivision located in the 400
block of Bluebonnet Street. A sewer main will need to be extended
by Mr. Fain along the western 150 feet of Lot 1 as required by the
City's Utility Extension Policy for corner lots. Mrs. Chew said
the Planning & Zoning Cmmission recommended approval of the
Preliminary Plat of Bluebonnet Subdivision with the utility ease-
ment to be changed on the Final Plat with Mr. Fain dedicating 8
feet and Mr. Chmmmney dedicating 8 feet.
Mr. Robert Fain addressed the Council stating he was asking for
the variance on the sewer because he was not aware until very
recently that an extension would be needed. He said he would like
to sell the lots before the tax change. He said he had already
talked with one contractor and would talk to another shortly. Mr.
Fain said he would certainly install the sewer extension but just
needed more time.
After discussion, Councilman Ray Reynolds moved approval of the
Preliminary Plat with the requirement that the sewer extension be
a part of the Final Plat when it cones to the Council. Councilman
Larry Hammett seconded the motion. The nation carried by the
following vote:
AYES: Councilmen Bob Self, Larry Hammett, Bill Brede, Allen Horne,
Mayor David Clayton, Ray Reynolds, and Larry Tatum.
NOES: None
ABSTAINED: Councilman Jim McSwain - Conflict of Interest.
3. Hear Tourism Report From Chamber of Commerce.
Mr. Billy Mobley presented the 1986 Tourism Financial Report.
(Copy in City Secretary's Office)
B. Matters by Councilmembers:
1. Discussion by Councilmember Jim McSwain regarding amending the
ordinance "Regulating Sale Of Merchandise In Residential Districts"
Councilman McSwain stated said his reason for concern with this
ordinance was that he has had several people contact him with
problem areas in the present ordinance; i.e., people running
garage sales over and over again. Theoretically, our ordinance
allows a maximum of two garage sales per year and no two within
six months of each other in a calendar year. He said last weekend
there were 24 garage sales listed in the newspaper and had 10
permits issued. He went to 5 different garage sales. One had a
permit; one did not have a permit; and 3 did not know what a
garage sale permit was. He said a lot of the residents do not
know a permit is required. In his opinion, the ordinance should
be amended to make it more clear, two garage sales per year maxi-
mum, give it a little publicity, let the public know it will be
enforced, and do it or rescind the ordinance altogether.
Mayor David Clayton assigned this to the Public Health & Safety
Committee for study and recommendations.
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ITEM III• CONSENT AGENDA:
Councilman Tarry Tatum requested Item D 2(a) be removed from the Consent
Agenda for discussion. ( Recommendation from the Planning & Development
Committee on the site development plan and street variance request by Mr.
Earl Marrs.)
Councilman Allen Horne moved approval of all items listed on the Consent
Agenda except D 2(a) as presented. Councilman Jim McSwain seconded the
motion. The motion carried by the following roll call vote:
AYES: Councilmen Bob Self, Tarry Hammett, Bill Brede, Allen Horne, Mayor
David Clayton, Jim McSwain, Ray Reynolds, and Tarry Tatum.
NOES: None
ABSTAINED: None
A. Approval of minutes of October 7th, October 23rd, and October 27th, 1986.
B. Reports from Planning & Zoning Commission:
1. Consider Site Development Plan for the East 161.37' of Lot F,
McAlister Second Addition.
Recommend approval of the construction of a 840 square foot office
building on the east 161.37' of Lot F, McAlister Second Addition,
as proposed by owners William and Betty Chandler. The Chandlers
will be required to extend a sewer main to serve the property from
an existing manhole located on the Stewarts' Car Wash property
approximately 230 feet to the northeast.
C. Bid Considerations: Bid #2361 - Material for Water Department to set meters
Trans -Tex, 350 T &P Lane, Abilene, Texas: Items #1, 6, 7
50 Ford Ball Valve Curb Stop @ $9.73 ea........... .....$ 486.50
100 Ford Cor Sto
P• A @ $6.16 ea . ..............................$ 616.00
50 Ford Corp.Stop @ $9.38 ea . ..............................$ 469.00
Industrial International, P.O. Box 14987, Richland Hills, Texas:
150 Ford Ball Meter Valves @ $7.77 ea . ......................$1,165.50
2 Style 202N Saddle Ford @ $40.68 ea ......................$ 81.36
2 Style 202N Saddle Ford @ $40.68 ea ......................$ 81.36
4 Ronac Style 516 Bell Joint @ $54.51 ea ..................$ 218.04
Bowles & Edens, P.O. Box 7799, Fort Worth, Texas: Items #9, 10:
2040' of 3/4" Type K soft copper water tubing ...............$1,244.40
1020' of 1" Type K soft copper water tubing .................$ 785.40
Texas Independent Pipe, P.O. Box 847, Brownwood, Texas: Item #8•
4 Rockwell 441 Cast Couplings @ $41.70 ea .................$ 166.80
D. Committee Reports:
1. Public Health & Safety Committee's status reports:
a. Solicitors' Ordinance: The Committee is still working on this
and has no recommendation at this time.
b. Food & Sanitation Inspection Program: The Committee is to meet
with Marty DeHaven with the Texas Department of Health for further
discussion. No recommendation at this time.
c. T. S. U. Police Jurisdiction: The Committee reviewed Chief Don
Weiler's proposal regarding T.S.U.'s jurisdiction of campus expan-
sion properties. The Committee's recommendation was to not give
Tarleton Police concurrent jurisdiction on these properties until
Tarleton has acquired all of the land and houses in the area. The
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next day (10/24/86) the Attorney General issued an opinion declarii
the university police do not have jurisdiction in these areas.
The Committee's reco:mendation is to uphold the Attorney General's
opinion of October 24, 1986.
2. Planning & Development Carmittee: Removed from Consent Agenda.
3. Traffic Safety Committee:
a. Truck Routes: No Report
b. Parking on Graham Street: No Report
c. Two -way stop intersection on Mason /Belknap Streets and
Mason /Graham Streets: No Report
d. "No Parking" zone in 300 block of N. 011ie St.: No Report.
4. Franchise Utility Committee:
a. Recannended that the additional fee of five dollars ($5.00) be
assessed to all uncovered loads entering the landfill, that
this fee begin on January 1, 1987, advanced public notice to
be given, and that our Police Department increase enforcement
of the requirement for covering loads by stopping vehicles and
issuing tickets when appropriate.
E. Ordinances and Resolutions:
1. AN ORDINANCE REPEALING ARTICLE II OF THE CODE OF ORDINANCES OF THE
CITY OF STEPHENVILLE AND ENACTING A NEW AND DIFFERENT TAXICAB
ORDINANCE AND MAKING DEFINITION OF WORDS AND TERMS TEED IN THE
ORDINANCE; REQUIRING PERMITS AND CERTIFICATES OF THOSE OPERATING
TAXICABS IN THE CITY; REQUIRING APPLICATIONS; MAKING
QLALIFICATIONS FOR THOSE RECEIVING PERMITS; PROVIDING FOR ISSUANCE
OF PERMITS BY THE CITY COUNCIL; SETTING UP FEES TO BE PAID;
FIXING SCBEDULE OF FARES TO BE CHARGED; REQUIRING TAXICABS TO BE
WASHED AND CLEANED WEEKLY: REQUIRING MARKINGS ON TAXICABS;
REQUIRING TAXIMETERS TO BE EQUIPPED IN TAXICABS; REQUIRING
DRIVER'S LICENSE OF DRIVER OF TAXICAB; PROVIDING FOR SUSPENSION,
CANCELLATION AND REVOCATION BY CHIEF OF POLICE OF TAXICAB DRIVER'S
PERMIT; PROHIBITING TRANSPORTATION OF PERSONS FOR THE PURPOSE OF
LE DRESS, ASSIGNATION OF PROSTITUTION OR ANY OTHER UIQLAWFUL OR
IMMORAL PURPOSE; PROVIDING ENFORCEMENT, COMPLAINT PROCEDURE AND
FINANCIAL RESPONSIBILITY; PROVIDING FOR PENALTY FOR VIOLATION AND
FINE OF NOT MORE THAN $200.00 FOR EACH SEPARATE OFFENSE; WITH
EFFECTIVE DATE BEING JANUARY 1, 1987.
ITEM III: D. Carmittee Reports:
2. Planning & Development Carmittee:
a. Recommendation on site development plan and street
variance request by Mr. Earl Marrs. (Removed from Consent
Agenda at the request of Councilman Larry Tatum).
Councilman Tatum stated he felt some discussion in public
meeting for the record was needed. It was his opinion that
when the Cheatham & Lansford property and the State Farm Ins.
property was developed all of that was to paved as part of the
deed restrictions.
Councilman Allen Horne commented that it was his understanding
when the Council visited the site that there was an agreement
between most of the Council that if the developers paved a 27'
strip through there the Council would go along with it.
Councilman Ray Reynolds, Chairman of the Planning & Development
Camnittee, said his committee has spent a lot of time on this
and had a problem coning with a real solid recommendation.
The Committee tried to determine if it was appropriate to hold
the developers strictly to the ordinance or grant sane variances.
We have done such a poor job with the way that whole plot of
land has been developed that perhaps we have a block of land
in there that which actually could be developed with very few
industries because of so many restrictions on it. The Ommittee
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felt that, with the changing economy, with the fact that there
was a large tract of undeveloped land, it would be to the best
interest of the comiunity, fran a tax base, to go ahead and
grant a variance on and allow the development of the property.
The Committee recognizes they are granting sane variances which
they might not have done if we had done a better job of seeing
that the other property had cane a little bit differently or
if the econony was a little different now. They were trying
to be a little more accamnodating in terms of a better tax
base.
Councilman Bob Self camnented that the Council has dealt with
all kinds of problems in this area and, like it or not, this
is one solution and nave on, hence canes the Camnittee's
recommendation of 27' of paving and naming it a street.
Mayor David Clayton catmented that he felt the Council has
learned a great deal from this particular subdivision; the
way we accepted it when it came in. The Council has tried to
became more informed about haw we do these things as we
became more aware of the problems caused when they are not
done right. This property is as good an example as will be
found. There will be other things that the Council will have
to do that really won't fit what we would like to uphold in
our subdivisions just because of the way the first property
was dealt with. Maybe this was the thinking of a lot of the
Council when they visited the site of this property in
question now. It is not a good situation and not something
we want to call a precedent.
Councilmamber Larry Hammett that we have a bad situation in
regard to this subdivision and we all realize we had to
conprcmise but we were accepting sane of the blame for that
being in that situation anyway.
Mayor Clayton said we were trying to work out of a bad
situation is the only way to put it.
Councilman Larry Tatum said his concern was are we setting a
precedent for the future? Every time we get into a variance
we look back at other variances and ask do we owe these people
something because we did so and so before?
Councilman Allen Horne moved approval of the Cc mittee's
recommendation to grant the variance waiving the Subdivision
Ordinance provision which requires that each lot front on a
public street with the provision that Mr. Earl Marrs agrees to
pave the portion of R.O.W. which would provide a 27' wide
paved street from Lingleville Hwy. to Mr. Marrs property line
and the City Council agrees to not require curb and gutter.
Councilman Bill Brede seconded the motion. The motion carried
by the following vote:
AYES: Councilmen Bob Self, Larry Hammett, Bill Brede, Allen
Horne, Mayor David Clayton, Jim McSwain, and Ray Reynolds.
NOES: Councilman Larry Tatum
ABSTAINED: None
ITEM IV: PUBLIC HEARINGS:
A. Rezoning from B-1 "Neighborhood Business District" to R -1 "Single
Family ]welling District ", Lots 1 and 2, Block 4, Golf Country Estates
Addition, known as 1428 and 1430 Prairie Wind Blvd.
Mayor David Clayton opened the floor for a public hearing to consider
rezoning, fran B-1 "Neighborhood Business District" to R -1 "Single
Family Dwelling District ", Lots 1 and 2, Block 4, Golf Country Estates
Addition, known as 1428 and 1430 Prairie Wind Blvd.
THOSE IN FAVOR OF REZONING: None
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THOSE OPPOSED TO REZONING: None
There being no one present wishing to address this item, Mayor Clayton
closed the public hearing.
Councilman Larry Hammett moved that Lots 1 and 2, Block 4, Golf
Country Addition, known as 1428 and 1430 Prairie Wind Blvd. be rezoned
from B-1 "Neighborhood Business District" to R - -1 "Single Family
Dwelling District ". Councilman Allen Horne seconded the motion. The
motion carried by the following vote:
AYES: Councilmen Bob Self, Larry Hammett, Bill Brede, Allen Horne,
Mayor David Clayton, Ray Reynolds, and Larry Tatum.
NOES: Councilman Jim McSwain.
ABSTAINED: None
ITEM V: CITY ADMINISTRATOR'S REPORT:
A. Consider "No Parking" zones on the Lingleville Highway.
City Administrator Kurt Ackermann advised the Council that Mr. Kenneth
Currier has asked the City to implement "NO Parking" zones on the
Lingleville Highway in the area of the old sale barn. Mr. Currier has
purchased this property and is having difficulty getting to his pro-
perty due to the hay trucks parked in front on state right -of -way.
Mr. Ackermann said he talked with the State Highway Department and
they said the city would need to enact an ordinance to this effect.
Mayor David Clayton assigned this to the Traffic Study Committee to
study and check to see if no parking zones are needed in other places
in this area and /or take surveys to determine the area property owners
desires in this regard.
ITEM VI: EXECUTIVE SESSION:
Mayor David Clayton closed this portion of the open meeting and called
the Council into executive session as provided in the Open Meetings Law,
V.T.C.S., Article 6252 -17, Section 2(e), for the purpose of discussing
pending or contemplated litigation.
Mayor David Clayton reconvened the Council into open meeting with the
following action being taken:
Councilman Jim McSwain moved that IT BE RESOLVED that the City Attorney is
authorized to notify Mike Craft and M Craft Realty Group to bring into
comliance his electrical wiring at office located at 2217 W. Washington
Street, Stephenville, Texas, with the Electrical Ordinance of the City of
Stephenville within 30 days and if this not cone to file suit in the
District Court for Mandatory Injunction and for penalty of Two Hundred
Dollars ($200.00) per day for violation of the Electrical Ordinance of
the City of Stephenville. Councilman Larry Tatum seconded the motion.
The motion carried by the following vote:
AYES: Councilmen Bob Self, Larry Hammett, Bill Brede, Allen Horne, Jim
McSwain, Ray Reynolds, and Larry Tatum.
NOES: None
ABSTAINED: Mayor David Clayton due to conflict of interest.
There being no other business to cane before the Council at this time,
Mayor David Clayton adjourned the meeting at 9:15 p.m.
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David Clayton, Maf6r