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HomeMy WebLinkAbout1984-06-05 - Regular City Council.37/ MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF STEPHENVILLE, TEXAS, HELD ON TUESDAY, JUNE 5, 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: David Councilmembers: Floyd W. G. G. A. Larry and with the following mem Clayton Gordon Larry Hammett Brede Charles Riggins Swindle James L. McSwain Tatum Der absent: Ray Reynolds. City Administrator Kurt J. 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, Director of Parks & Recreation Ronnie Isham, Building Inspector Gary Nabors, P & I Clerk Betty Chew, Mr. Jack Gray, Mr. J. W. Beck, Mrs. Helen Martin, Mrs. Virginia Dorris, members of the press, and others were present. ITEM I: CONSIDER APPROVAL OF MINUTES. Councilman McSwain moved approval of the minutes of the City Council meetings held on the 1st day of May, 1984 and on the 10th day of May, 1984, as written. Councilman Tatum seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM II: HEAR REPORT FROM PLANNING & ZONING COMMISSION. Mrs. Helen Martin, Vice Chairperson of the P &,Z Commission, Advised the Council that the Commission gave a favorable recom- mendation to rezone, from R -2 to B -2, 6.03 acres of Lot 7, Block 156, City Addition, as requested by Don Morris of Granbury. Councilman Riggins moved that the City Council accept the favorable recommendation from the P & Z Commission to rezone, from Residential -2 to Business -2, 6.03 acres of Lot 7, Block 156, City Addition, located in the northeasterly corner of Highway 377 -67 and F.M. 988. Councilman Brede seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None Mrs. Martin advised the Council that the P & Z Commission recommended that the westerly 80.1 feet and the northerly 156.2 feet of Lot 3, Block 40, Park Place Addition, located at 1940 W. Sloan St., not be rezoned, from R -2 to B -1, as requested by Mike Ballow. Mrs. Martin also said the Commission did advise Mr. Ballow that he might appeal the decision to the City Council. Mayor Clayton asked for comments from the floor. There was no one present wishing to address this issue. Councilman Hammett moved that the City Council approve the negative recommendation of the Planning & Zoning Commission and that the westerly 80.1 feet and the northerly 156.2 feet of Lot 3, Block 40, Park Place Addition, located at 1940 W. Sloan Street, not be rezoned from R -2 to B -1. Councilman Gordon seconded the motion. The motion carried by the following vote: 1 AYES: All members present voted aye. NOES: None Mayor Clayton set Tuesday, July 3, 1984 at 7:00 p.m. in Council Chambers at City Hall, 354 N. Belknap St., as the date, time, and place for a public hearing to hear comments on the request from Don Morris to rezone, from Residential -2 (Apartment and Duplexes District) to Business -2 (Secondary and Highway Business District) the 6.03 acres of Lot 7, Block 156, City Addition, located in the northeasterly corner of Highway 377 -67 and F.M. 988. ITEM III: PUBLIC HEARI 1W9 ,?-7)_ LOT 2, BLOCK 86, CITY ADDITION, A.K.A. TEJAS CLUB. Mayor Clayton opened the floor for comments on the request from Randy Mosely to rezone, from B -1 to B -4, 1.14 acres of land being part of Lots 15 and 16, Block 89, City Addition, and part of Lot 2, Block 86, City Addition, also known as the Tejas Club, 1071 Tejas Lane. No one addressed the Council, either for or against, the above proposed zoning change. Mayor Clayton closed the public hearing at this time. Councilman Swindle commented that if they were not interested enough to attend the meeting, he moved that the City Council reject the above proposed rezoning. Councilman Gordon seconded the motion. Mrs. Helen Martin advised the Council that the above pro - posed zoning change was due to fire damage in the Club. The Club had been "grandfathered" in when the B -4 Zoning Ordinance was enacted. The Ordinance is very specific about the private clubs that are not located in a B -4 District and are closed for 48 hours having to apply for rezoning to B -4 before they may reopen. Councilman Swindle said he did not think this was a "Country Club" any more. That it is just another private club. Councilman Riggins commented that he could not see pena- lizing them because they had a fire and had to be closed for the 48 hours. Mrs. Martin said it looked like the Commission might need to check a little more on this request. Councilman Swindle and Councilman Gordon withdrew their motion and second respectively. City Attorney Chandler advised that it could be operated as a commercial Country Club and, before the fire, it was operated similar to the old Country Club partially on a membership basis. Councilman Brede moved that this item be tabled for more information. The motion died for lack of a second. After more discussion, Councilman Swindle moved that this request for rezoning be sent back to the Planning & Zoning Commission for more research and information. Councilman Gordon seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None. ITEM IV: CONSIDER RESOLUTION APPROVING ELECTRIC CO. AND RELATED MATTERS. E Mr. Jack Gray, Financial Advisor for the City, presented the resolution approving refunding of Industrial Development Bonds for Emerson Electric Co. Mr. Gray assured the Council there would be no liability on the city should they approve this resolution. After discussion, Councilman Swindle moved approval of A RESOLUTION APPROVING BONDS AND APPROVING A RESOLUTION BY STEPHENVILLE INDUSTRIAL DEVELOPMENT CORPORATION PROVIDING FOR THE ISSUANCE OF $5,000,000 STEPHENVILLE INDUSTRIAL DEVELOPMENT CORPORATION INDUSTRIAL DEVELOPMENT REFUNDING REVENUE BONDS (EMERSON ELECTRIC CO. PROJECT) SERIES 1984. (Resolution in full is attached to and becomes a part of these minutes.) The motion was seconded by Councilman Riggins. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM V: CONSIDER REQUEST FROM LARRY AND CINDY BICKET REGARDING A PROPERTY TAX EXEMPTION FOR 194 E Councilman McSwain advised that he would abstain from discussion and voting on this item and ITEM VII. Mr. Larry Bicket, 194 E. Long Street, addressed the Council requesting a property tax exemption for his residence (194 E. Long St.) under provisions of the Texas Property Tax Code, Section 11.24 relating to Historical Sites. Mr. Bicket gave the history of this property and assured the Council this would remain as his home and they do not intend to turn it into a busi- ness. Councilman Hammett commented that, since this is something new that the Council has not dealt with before and the Council does not know what impact this would have on the city's tax base, he would like to see a committee appointed to research this before making a decision. Councilman Riggins agreed with Councilman Hammett because they do not know how many other buildings in the city have this status and they have no way of knowing how many more in the future would be in this same catagory. The Council needs to think about the tax base and look at this a little closer. Mayor Clayton appointed the following councilmembers to look into this to see how it will affect the city in the future and report back to the Council: * Charles Riggins Larry Hammett Pinkie Swindle ITEM VI: CONSIDER NOTICE FROM LONE STAR GAS CO. TO CHANGE GAS MAIN EXTENSION RATE. Mr. J. W. Beck, local manager of Lone Star Gas Co., addressed the Council to explain that Lone Star Gas Co. had filed a Statement of Intent with the City to change the gas main exten- sion rates from $4.50 /ft. to $5.40 /ft. and these rates are to be updated each year per the Randy Whitman Index. Mr. Beck said these rates would not affect the regular consumer's rates. It would just be the developers and investors that use this service. After some discussion, Councilman Swindle moved that the City Council take no action and $5.40 /ft gas main extension rate go into effect by law June 6, 1984. Councilman Riggins seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None. r7 J7 STREET AND PORTION OF NEBLETT STREET. Chief of Police Doug Conner addressed the Council stating that he and the City Administrator had been approached by Chief of Security Don Weiler of TSU regarding some areas, either adjacent to the campus or within one block of the campus, that he felt were traffic problems. These problems occur during the fall and winter semesters when there are more students parking on the streets. The areas in question are as follows: 1. McIlhaney Street: Between Tarleton and Washington St. on the east side, directly across from the women's dorm. 2. Neblett Street: North of Vanderbilt, between Jones and Vanderbilt, west side of street. 3. Vanderbilt Street: From 011ie Street west. After discussion, Mayor Clayton asked the Traffic Study Committee (Councilmen Swindle *, Brede, Hammett, City Admin. Ackermann, and Chief Conner) to look at this, check the residen- ces to see what affect this will have on their parking, dri- veways, etc. and report back to the Council with a recommendation. ITEM VIII: APPOINT REPLACEMENT FOR MR. LARRY HAMMETT TO CITY PLUMBING BOARD. Mayor Clayton appointed Mr. Sam Smith to serve on the City Plumbing Board replacing Mr. Hammett. ITEM IX: DISCUSSION REGADING PURCHASE OF FUEL TANKS AND SINGLE T- HANGAR BUILDING FROM MR. CECIL DAVIS. Mayor Clayton explained that he felt the City should take some kind of official action on Mr. Davis's offer to sell the fuel tanks and hangar. He said Mr. Davis had offered the fuel tanks for $1,500.00 and the hangar building for $2,000.00. After some discussion, Councilman McSwain moved that the City purchase the fuel tanks and T- hangar building from Mr. Cecil Davis for the total price of $3,500.00. Councilman Brede seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM X: CONSIDER PETITION FOR ANNEXATION OF OAK TREE SUBDIVISION. Mayor Clayton explained that a petition had been presented for the annexation of the Oak Tree Subdivision, a tract of land being 39.40 acres of the Jarret Menefee Survey, Erath County, Texas, and property being approximately located on FM 8 between River North II Subdivision and Golf Country Estates Subdivision. Mayor Clayton, with the consent of the Council, set Tuesday, July 3, 1984 at 7:00 p.m. in Council Chambers at City Hall, 354 N. Belknap St., as the date, time, and place for a public hearing to hear any comments regarding the annexation of the above described property. XI: HEAR REPORT FROM DIRECTOR OF PARKS & RECREATION A NEIGHBORHOOD PARK. Director of Parks & Recreation Ronnie Isham addressed the Council stating that Mr. Pat Wilson had contacted Mr. Ackermann 4 des with regard to some property they have designated for a playground in the Quail Run Subdivision. He said he had met with Mr. Wilson and what they were proposing was to designate property, approximately 500' x 370' x 200' located at the entrance to the subdivision, for a neighborhood playground. The Homeowners Association to develop and maintain the park for 2 or 3 years then donate it to the City. He said Mr. Wilson agreed that any equipment purchased and any site work would be to city specifications. Mr. Isham said he felt this would be ideal for a park. This area was going to need a neighborhood park. It appears everything is going in that direction and the city does not have anything in that area. He said the city does not have enough area to handle the people we have now in our park system. He said for the number of people they plan to have in the sub- division he felt this would be a better draw for them than the present city park for a daily playground. Councilman Riggins said they are going to develop it and maintain it for 2 or 3 years and they want the assurance now that the City will take it over in a few years. City Administrator Ackermann commented that, once they get it developed, they eventually want to turn it over to the city. He said that, if the Council feels that they want to take on that piece of property for the neighborhood park system, we've got to insure that they don't develop it and then over that 3 year period let the maintenance fall down on it so that when we inherit it its all old and run down. Councilman Brede commented that the City would not want to take it over until the 2 -3 year period is up. Mr. Isham said the city would be in on the planning and development of this and have a right to say what could be done and what could not. He said he would not care whether they ever put any playground equipment there or not, if they would just establish a site, then at the end of the 3 year period, if the population of that area dictated that we needed to build a neigh- borhood park there, we could do it in our regular parks develop- ment program. I hate to see us get in on the back end of it. Councilman Riggins commented that he thought the City needed the right, in 2 or 3 years to have the right to say "no, we don't want to maintain it, you do it." Councilman Brede said he could not see the city taking it and not knowing a thing about what they are going to do with it and when we get it its just a pile of junk. Mr. Isham said if they develop it to the city's specifica- tions he could not see where there would be a problem. He said they were going to deed the property to the City. Councilman Swindle said, if they are going to develop it and maintain it and then deed it to the city, he could not see how the city could be hurt very bad. The City could sell it if they don't want to keep it. Mayor Clayton said he felt that the city is lucky that they want to bring it in as they have proposed. Mr. Isham advised Councilman Brede that he felt he could have as much control as he wanted in setting up the park and in its development. Councilman Brede commented that he did not think the Council should pass a resolution that the city would accept the park in 3 years no matter what condition it was in. They are going to run it for 3 years. Specifications are only good for right now. Three years from now they might be worn out and the whole program changed. 5 376 Mr. Isham said he felt that if they just prepared the site, the city would be ahead. Councilman Brede commented that he felt more should be found out about who the city would be dealing with in 3 years. The Homeowners or Mr. Wilson before a decision is made. The homeowners are the ones that will vote on whether to give it to the city or not. After more discussion, Councilman Swindle moved that this item be sent to committee to meet with Mr. Wilson and find out what is going on. Councilman Brede seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None Mayor Clayton appointed the following members as a committee to meet with Mr. Wilson for more information and report back to the Council with a recommendation: ITEM XII: C * Larry Hammett Larry Tatum Pinkie Swindle IDER BIDS RECEIVED ON COPY MACHINE Director of Parks & Recreation Ronnie Isham presented the following bids received for the purchase of one (1) Minolta EP 300 copy machine: 1. Stephenville Office Supply (Sub. Xerox 1035) $3,795.00 Stephenville, Texas 2. Bennett's Office Supply $1,970.00 Mineral Wells, Texas 3. Patterson Office Supply $1,946.10 Stephenville, Texas 4. Stephens Print & Photo Copy $1,895.00 Eastland, Texas Mr. Isham recommended the second lowest bid from Patterson Office Supply, Stephenville, Texas, because of the service contract. Councilman Swindle moved acceptance of the second lowest bid of $1,946.10 from Patterson Office Supply of Stephenville, Texas, for the purchase of one (1) Minolta EP 300 copy machine. Councilman Tatum seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None . CONSIDER VED FOR STREET 7 Director of Public Works Danny Johnson presented the following bids received for various street paving materials: 1. Texoline Co. Weatherford, Texas 2. White's Mines San Antonio, Texas $21,705.00 delivered $19,440.00 delivered Mr. Johnson recommended the low bid from White's Mines of San Antonio, Texas. Councilman Swindle moved acceptance of the low bid of $19,440.00 from White's Mines of San Antonio, Texas, for the 2 A purchase of various street paving materials per bid specifica- tions. Councilman Hammett seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None Mr. Johnson presented the following bids for purchase of asphalt emulsion MS -2: 1. Texas Emulsions $23,118.00 Mount Pleasant, TX 2. Riffe Petroleum $22,929.00 Arlington, TX 3. American Petrofina $21,063.00 Big Spring, TX Mr. Johnson recommended the low bid from American Petrofina of Big Spring, TX. Councilman Swindle moved acceptance of the low bid of $21,063.00 from American Petrofina of Big Spring, TX. for the purchase of 30,000 gal. of asphalt emulsion MS -2. Councilman Gordon seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM XIV: CONSIDER BIDS RECEIVED FOR WATERWORKS MAINTENANCE MATERIALS. Director of Public Works Danny Johnson presented the following bids received for the purchase of various materials for the Water Department: 1. Southwest Meter & Supply $2,955.56 Marshall, TX. 2. Rohan Co. $2,838.58 Waco, TX 3. AGSCO, Inc. $2,553.40 Milford, TX 4. Trans -Tex $2,525.20 Arlington, TX. Mr. Johnson recommended the low bid of $2,525.20 from Trans -Tex of Waco, Texas. Councilman McSwain moved acceptance of the low bid of $2,525.20 from Trans -Tex of Waco, TX. for the purchase of miscellaneous materials for waterworks maintenance. Councilman Swindle seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None HEAR REPORT FROM NG REGARDING Mr. Tony Plumlee representing Willis Engineering addressed the Council regarding the proposed water storage facilities project. Mr. Plumlee explained to the Council and discussed the dif- ferent sites they had considered for the 750,000 gallon elevated storage tank and the 1,000,000 gallon ground storage tank. 7 J77 After much discussion, Councilman Swindle moved that the city negotiate with Mrs. Lucille Watson to buy one acre of the property as shown on "Site B" plat presented by Mr. Plumlee for the 750,000 gallon elevated storage tank. Councilman Hammett seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None Councilman Swindle moved that the city negotiate with Mr. Pat Wilson for the purchase of 11/2 acres of property as shown on "Site B" plat presented by Mr. Plumlee for the 1,000,000 ground storage tank. Councilman Riggins seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None EXECUTIVE SESSION TO DISCUSS PENDING LITIGATION REGARDING THE E. L. COBB LAWSUIT AS PROVIDED IN V.T.C.S., ARTICLE 6252 -17. Mayor Clayton recessed the open meeting at this time for the purpose of discussing pending litigation with the city's attorney regarding the lawsuit filed by Mr. E. L. Cobb as provided in the Open Meetings Law, V.T.C.S., Article 6252 -17. Mayor Clayton reconvened the Council in open session. The following action was taken as a result of the discussion in exe- cutive session. Councilman Gordon moved that the City Council authorize Mr. Joseph Chandler, City Attorney, to file an answer to the lawsuit filed by Mr. E. L. Cobb vs. Cecil Ford d /b /a Ford Century 21 Realty et al in which a Cause of Action As To City of Stephenville is included. Councilman Tatum 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 Clayton adjourned the meeting at 9:53 p.m. ATTEST: t tary Ca Jr 4 David Clayton, Mayor ,3 7-F