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HomeMy WebLinkAbout1984-01-03 - Regular City CouncilMINUTES OF THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS, HELD ON TUESDAY, JANUARY 3, 1984 - 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 Joe F. Cummings Councilmen: G. A. Swindle Councilmen: Floyd Gordon James McSwain John E. Pollan Ray Reynolds William G. Brede David Clayton Charles Riggins and with the following members absent: None City Administrator Kurt J. Ackermann, City Secretary Joyce Pemberton, Director of Finance Charlene Young, Chief of Police Doug Cgnnei', Acting Fire Chief Jimmy Mooney, Director of Parks 4 Recreation Ronnie Isham, Director of Utilities Danny Johnson and many others were present. L15t;ZD f ZX LU, 19Uj Councilman Clayton moved that the minutes of the council meetings held on the 6th day of December, 1983 and the 20th day of December, 1983, be approved as written. Councilman Brede seconded the motion, The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM II: PUBLIC HEARING FOR COMMENTS ON REQUESTS FOR FOLLOWING ZONING CHANGE REEQUESTSs A`. Tp rezone from R -1 to B -1, Lot la, Block 140 and part of Lot a, Block 145, City Addition; being the vacant property located between 2220 W. Washington on the north side and 2223 South Loop on the south side. Mayor Cummings opened the floor for a public hearing to consider the above zoning request. There being no one present wishing to address the Council either for or against the rezoning of the above listed property, Mayor Cummings closed the public hearing. Councilman Swindle moved that Lot la, Block 140 and Lot la, Block 145, City Addition; being the vacant property located between 2220 W. Washington on the north side and 2223 South Loop on the south side, be rezoned from R -1 (Single Family Dwelling) to B -1 (Neighborhood ' Business District) as requested by Mr. Harlan Huey. Councilman Riggins seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None B. the To rezone from R -1 to B -1, Lots 11 and 12, Block 155, City Additio; located on FM 988 approximately between Dale Ave. and 2301 Northwest Loop. Cummings opened the floor for a public hearing to consider request. 1 Councilman G. A. Swindle disqualified himself from discussion or voting on this issue as his brother, G. L. Swindle, has property adja- cent to the property in question. Mr. Scott Allen, an attorney representing the persons wanting this property rezoned, addressed the Council stating several reasons why the property should be rezoned. Mr. Allen made a slide presentation showing the surrounding area, including the businesses already in this area. He listed the following as some of the reasons this should be rezoned: a. Mr. Cobb paid a premium price for commercial property (}n cash). b. The property deserves to rezoned for the best and highest use. c. The property is located on a major thoroughfare. d. There is no high residential use in the area. e. Mr. Chumney's hog farm is a much higher use than the shopping center Mr. Cobb is planning. f. There is approximately 900 feet by 210 feet northeast from .Brentwood St. along FM 988 that is presently zoned B -1. There is not a natural barrier or a street or anything that would make it logical to stop the B -1 zoning at this property line. Mr. Elmo Cobb, purchaser of the property in question, addressed the Council stating that he planned a small community shopping center which would be well maintained. There would be no lounges or video game rooms. Mr. Richard Lampe, 1225 Mockingbird Lane, addressed the Council opposing said rezoning. Mr. Lampe stated that his view is not Swindle's Pharmacy (now convenience store) it is the vacant property in question. He felt the P & Z Commission gave this issue fairly careful consideration. He said he would rather have Mr. Chumney's hog farm than the shopping center as he cannot see nor hear the hog farm. He feels there would be a traffic problem. There is no guarantee that Mr. Cobb will always be the person in charge of the shopping center nor that the businesses he puts in there will stay as things do change just as Swindle's Pharmacy was facing FM 988, but it has moved around to the side and a convenience store is now on the front of the building. He said he was in deed sorry for the series of mistakes that have occurred during the sale of the property in question, but it seems that the residents of the neighborhood are the only ones directly involved with the confusion and the only ones who did not make a mistake unless the Council's decision here) tonight makes'it a mistake to buy a home next to undeveloped residential property. The homeowners of the neighborhood are the ones who will pay in the loss of a neighborhood with a residential atmosphere. If careless mistakes are allowed to cause careless zoning, more people than I, more neigh - borhoods than mine are going to be hurt and that is definitely a citywide problem. Ms. Kathleen Kidd, 1360 N. Dale Ave., addressed the Council opposing said rezoning. Ms. Kidd stated that the increase in traffic would create a real problem for all who lived in that area whether it was within 200 feet of the property in question or not. She said she had no complaints about the hog farm as it is. Mrs. Virginia Dorris, a member of the Planning & Zoning Commission, addressed the Council opposing said rezoning. Mrs. Dorris said she would like to give the Council some background information. She explained that when the Northwest Loop was developed for the city the property on the north side was taken into the city limits for the control of that property. Mr. Seth Moore, a developer in our city, had been quite involved with Tanglewood I and Tanglewood II developement and those were presented to the P & Z Commission as a "planned development area• as was the area that is now B -1 on the Northwest Loop. That was all taken in at one particular time. The P & Z Commission had made a commitment, with the approval of the City 2 �a 7 Council, that it would be appropriate to have that small section of B -1 zoning in that "planned developement area ". Mr. Carl Chumney came before the P & Z Commission and opposed the B -1 zoning going x there. He did not want his property to be any part of it. The P & Z Commission gave him (Mr. Chumney) the opportunity to take in B -1 zoning up to the street. The night it was presented to the City Council Mr. Chumney came before the City Council,and said he postively did not want his property rezoned to B -1 and that is exactly why that one piece of property was not zoned B -1 at that time. The P & Z Commission took the package deal that Mr. Seth Moore presented in his development for B -1, R -2, and R -1 zoning and felt that it was very appropriate for that area. At the same time the City Planning & Zoning took the position that due to the location of the Northwest Loop and the fact that we already had the South Loop as a major thoroughfare going through the city to carry traffic from one side to the other and it was already developed as commercial property as was W. Washington St. to keep the Northwest Loop from becoming just another integrated curb -cut pieces of property being developed and putting that high traffic on there and to keep it residential. in closing her presentation, Mrs. Dorris said that Mr. Chumney knew that the property was not zoned B -1 because he had declined the opportunity, to have it rezoned at the time Mr. Seth Moore's subdivision was accepted by the City Council and that, in her opinion, the property should remain an R -1 district. Mrs. Susan Lampe, 1225 Mockingbird Ln., addressed the Council opposing said rezoning. Mrs. Lampe stated that the living area of their home faces the property in question and they would very much like to see it remain residential property. She said she,had signa- tures of 34 or 35 persons opposing the zoning change who live in the area. Mr. Rusty McDanel, owner and broker of Western Hills Real Estate and the selling realtor, addressed the Council stating that when the property in question was sold and had reached the closing stage, Mr. Chumney's attorney said his client was making no representation as to the zoning of the property. He and Charlotte Alston decided they had better make sure it was zoned B -1. This was before any papers were signed or any money was exchanged. Charlotte Alston, at that time, called City Hall and talked to Joyce (Pemberton) and told her that she needed to know definitely what the zoning on the property was. They accepted the information given as factual and sold the property as B -1 for commercial use for a 6 -digit figure which is reasonable fpr com- mercial property. Mr. McDanel said there are several reasons why this property is not desirable as residential property: (a) front yard facing highway, (b) difficult to back out of driveway (c) no place for children to ride bicyles. He presented an archetect's drawing of the proposed shopping center. He said they were making the moral com- mitment that the shopping center would be very similar to the drawing. Mr. McDanel also stated that should this property not be rezoned to B -1 that Mr. Cobb, in order to come out financially, would have to cut the property into small lots and construct small frame homes, in the $30,000 range, which would not be as attractive as the proposed shopping center, Mr. McDanel presented his rebuttal to the opposition to the rezoning and, in summing up his presentation, asked the Council to look at the facts presented and to rezone the property in question from R -1 to B -1 at this meeting. Mrs. Charlotte Alston addressed the Council in favor of the rezoning. Mrs. Alston stated that in January, 1983 the Council rezoned a lot in the Golf Country Estates subdivision, a "planned development ", from R -1 to B -2, therefore, she does not see a reason not to rezone this property. Mayor Cummings said that City Attorney Joseph Chandler has advised that in a contested issue of this type where the recommendation of the Planning & Zoning Commission is to:be overturned it is necessary to have a. three - fourth (3/6) vote of the Council which means it would take the "approval" of seven (7) members of the Council tonight. Councilman Reynolds moved that the City Council uphold the recom- mendation of the Planning & Zoning Commission and that Lots 11 & 12r 3 ,3,;L"9 Block 155, City Addition, remain as R -1 (Single - Family Dwelling) District. Councilman McSwain seconded the motion. The Mayor called for the vote by a show of hands. Mayor Cummings declared the motion defeated by 3 for and 4 against. Councilman Riggins moved that Lots 11 & 12, Block 155, City Addition, be rezoned from R -1 to B -1. The motion died for lack of a second. Mayor Cummings stated that no action being taken was the same as support of the Planning & Zoning Commission recommendation which means this property will remain R -1 (Single - Family Dwelling), then both motions failing, the property will remain Residence 1. PRESENTATI WITH Barbara Wainger addressed the Council with a proposal for the City to participate in a housing assistance program for the low- income (elderly, disabled, handicapped) persons in the city. Ms. Wainger asked for the passage and adoption of a resolution giving the city's intent to participate in said program. , After considerable discussion,'Councilman Pollan moved passage of a resolution endorsing participation in the statewide housing assistance payments program and authorizing execution of contract with the Texas Department of Community Affairs. Councilman Clayton seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None Entire, Resolution included in minutes. Mayor Cummings opened the floor for a public hearing to hear com- ments regarding grant appropriation of $145,000 from Texas Aeronautics Commission for.airport-improvements to Clark Field. There being no one present wishing to comment on this issue, Mayor Cummings closed the public hearing. There was no further discussion or action taken. ITEM V: CONSIDER APPOINTMENTS TO THE FOLLOWING BOARDS: Electrical Board Building Board Planning & zoning Commission Mayor Cummings asked the Council to refer to their copy of nomina- tions to the respective boards in the agenda packets. There being no other nominations, Councilman Riggins moved that the persons listed for the respective boards be appointed. Councilman Swindle seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None 4 Jim Bostic David Bragg D. A. Bills` Richard Alderfer Ken Harris R. C. Bills Vernon Gunn David Jaquess James Young Fred Parker ELECTRICAL BOARD One Year Term x: BUILDING BOARD One Year Term Jag Master Electrician Master Electrician Building Contractor Bonded Hear & Air Cond. Rep. T P & L Co. Building Contractor Building Contractor Building Contractor Registered Engineer Licensed Architect PLANNING & ZONING COMMISSION Two Year Term Virginia Dorris Place 2 John Burleson Place 4 Charles Castleberry Place 6 Helen Martin Place 8 , James Magill Place 10 ITEM VI: CONSIDER ORDINANCE DESIGNATING NO PARKING ZONES A.uumu rnr z ow. raum nAKDlm un wu 1JALG AY11. After some discussion, Councilman McSwain moved passage of AN ORDINANCE PROHIBITING AND MAKING IT UNLAWFUL TO STOP, STAND OR PARK A VEHICLE ON ANY PART OF THE NORTH SIDE OF PREY ST. FROM THE INTERSECTION OF SAID STREET WITH HARBIN DRIVE ON THE EAST AND RUNNING WESTERLY ALONG THE NORTH LINE OF SAID STREET A DISTANCE OF 1,975 FEET TO ITS INTER- SECTION WITH DALE AVE AND F ROM THE INTERSECTION SA ID STREET WITH HARBIN DRIVE ON THE EAST AND RUNNING WESTERLY ALONG THE SOUTH LINE OF SAID STREET FOR A DISTANCE OF 1,200 FEET AND PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE AND WHICH ORDINANCE SHALL BE SECTION 13 - OF THE CODE OF ORDINANCES OF THE CITY OF STEPHENVILLE. Councilman Riggins seconded the motion. The motion carried by the following vote: AYES: Councilmen McSwain, Riggins, Gordon, Pollan, Swindle, Reynolds, Clayton NOES: None ABSTAINED: Councilman Brede. VII: CONSIDER GRANTING Director of Parks & Recreation Ronnie Isham addressed the Council regarding construction of a building 50' x 18' to be used as a tractor shed at the city park. Mr. Isham advised the Council this is a budgeted item ($2,000) and he was requesting authority to invite bids or to construct the shed themselves. He said he would be the general contractor and "sub" some of the things out. He said he felt the best thing to do would be to build it themselves. After some discussion, it was the consensus of the Council to direct Mr. Isham to construct the shed as quickly and cheaply as possible. 5 330 ITEM VIII: EXECUTIVE SESSION. Mayor Cummings adjourned the public meeting and called the Council into executive session for the discussion of personnel as provided in the Open Meetings Law, Article 6252 -17, Section 2(g), V.T.C.S. Mayor Cummings adjourned executive session and called the Council back into open meeting. Councilman Swindle moved that the resignation of Fire Chief Larry May be accepted; that Jimmy Mooney be appointed as Acting Fire Chief for a period of six (6) months; that Danny Johnson be appointed as interim Director of Public Works for a period of thirty (30) days. Councilman Gordon seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None There being no other business to come before the Council, Mayor Cummings adjourned the meeting at 10:50 p.m. Cummin , Mayor , ATTEST: Ci Secretary 0 R RESOLUTION ENDORSING PARTICIPATION IN THE STATEWIDE HOUSING ASSISTANCE PAYMENTS PROGRAM AND AUTHORIZING EXECUTION OF CONTRACT WITH THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS STATE OF TEXAS COUNTY OF ERATH On the 3rd day of January, 1984, at a duly called meeting of the City Council of the City of Stephenville, Texas with a quorum for transaction of business in attendance, and upon motion made, seconded and duly passed the following Resolution was adotped: WHEREAS, Section 8 of Title II of the Housing and Community Development Act of 1974 provides for housing assistance payments funded by the U. S. Department of Housing and Urban Development (HUD) to be paid to owners leasing rental units to eligible lower- income families to the end that such families are able to live in privately owned, existing, decent, safe, and sanitary rental housing of modest nature; WHEREAS, the proposed program offered by the Texas Department of Community Affairs for our jurisdictional area is responsive to the condition of the housing assistance needs of lower- income persons and families residing in or expected to reside in the community, including the elderly, handicapped, disabled, large families and those displaced or to be displaced; WHEREAS, the City of Stephenville, Texas supports the Texas Department of Community Affairs to apply for, implement and jointly administer with our city the Housing Assistance Payments Program in our jurisdictional area; WHEREAS, the City Council of the City of Stephenville, Texas contemplates the execution of and /or amendment to a contract with the Texas Department of Community Affairs that provides for local administration of contract responsibilities associated with the Statewide Housing Assistance Payments Program during the period stated in the contract that does not exceed the HUD -TDCA approved Annual Contributions Contract term and for a maximum amount of TDCA liability not to exceed $7,500 per year for the period stated in the contract; and WHEREAS, it has been duly determined that the City of Stephenville has the legal authority to render the afore - described contractual performance; NOW THEREFORE, BE IT RESOLVED BY THE City Council of the City of Stephenville, Texas, that our jurisdictional area hereby requests and authorizes the Texas Department of Community Affairs to act on behalf of our jurisdictional area as the applicant and joint- administrator of the Section 8 Housing Assistance Payments Program for existing Housing; and FURTHER BE IT RESOLVED: THAT THE City Council of the City of Stephenville does hereby approve and authorize the jurisdictional body's execution of the afore - described contract, any subsequent contractual amendments to the afore - described contract, and does hereby authorize Joe F. Cummings, Mayor, to sign and execute the afore - described contract on behalf of the City of Stepheville so as to legally obligate and bind the City of Stephenville to all the performances, obligations, terms, and provisions set forth therein. Jq� — Cuinmi&gs,- N7apor STATE OF TEXAS COUNTY OF ERATH I, Joyce Pemberton, City Secretary of the City of Stephenville, Texas, hereby certify that the above and foregoing is a true and correct copy -of `a resolution duly passed by the City Council of the City of Stephenville, Texas, as reflected in the minutes of said governing body. WITNESS MY HAND AND SEAL OF OFFICE this 3rd day 'o'f January, 1984. 2L J oyc Pemberton City Secretary i CITY OF STEPHENVILLE, TEXAS. t I i 330e, AN ORDINANCE AN ORDINANCE PROHIBITING AND MAKING IT UNLAWFUL TO STOP, STAND OR PARK A VEHICLE ON ANY PART OF THE NORTH SIDE OF FREY STREET FROM THE INTERSECTION OF SAID STREET WITH HARBIN DRIVE ON THE EAST AND RUNNING WESTERLY ALONG THE NORTH LINE OF SAID STREET A DISTANCE OF 1,975 FEET TO ITS INTERSECTION WITH DALE AVENUE AND FROM THE INTERSECTION OF SAID STREET WITH HARBIN DRIVE ON THE EAST AND RUNNING WESTERLY ALONG THE SOUTH LINE OF SAID STREET FOR A DISTANCE OF 1,200 FEET AND PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE AND WHICH ORDINANCE SHALL BE SECTION 13 - OF THE CODE OF ORDINANCES OF THE CITY OF STEPHENVILLE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: SECTION ONE The stopping, standing or parking of a vehicle by any person on any part of the north and part of the south side of Frey Street from the intersection of said street with Harbin Drive on the east and running westerly along the north line of said street a distance of 1,975 feet to its intersection with Dale Avenue and from the intersection of said street with Harbin Drive on the east and running westerly along the south line of said street for a distance of 1,200 feet is hereby prohibited and declared to be unlawful. SECTION TWO This ordinance shall be incorporated into the Code of Ordinances of the City of Stephenville as Section 13 - thereof. SECTION THREE Any person convicted of violating this ordinance shall be guilty of a misdemeanor and shall be subject to a fine of not to exceed $200.00. SECTION FOUR 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 January, 1984. Jo F. Cummings, May ATTEST: it Secretary - A true and correct copy of the above and foregoing ordinance was published in the Stephenville Empire Tribune, a newspaper of general circulation on the day of January, 1984. WITNESS my hand this day of January, 1984.