HomeMy WebLinkAbout1984-11-06 - Regular City CouncilMINUTES OF THE CITY COUNCIL
OF THE
CITY OF STEPHENVILLE, TEXAS, HELD ON
TUESDAY, NOVEMBER 6, 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 Clayton Floyd Gordon
Councilmembers: Charles Riggins William G. Brede
G. A. Swindle James L. McSwain
Ray Reynolds Larry Tatum
and with the following members absent: Larry Hammett
City Administrator Kurt J. Ackermann, City Secretary Joyce
Pemberton, City Attorney Joseph Chandler, Director of Public
Works Danny Johnson, Director of Finance Charlene Young, Chief of
Police Doug Conner, Fire Chief Jimmy Mooney, Director of Parks &
Recreation Ronnie Isham, P & I Clerk Betty Chew and many others
were present.
ITEM I
Councilman McSwain advised that in the minutes of October 2,
1984, the last paragraph of ITEM II should be corrected to read
"Mayor Clayton appointed the following councilmen as a committee
to investigate this issue and report back by the November 6th
council meeting ".
Councilman Swindle moved approval of the minutes of October
2nd and October 23rd, 1984 as corrected. Councilman McSwain
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:
A. Negative recommendation to rezone, from B -1
"Neighborhood Business District" to I "Industrial ", part
of Lots 1, 2, and 3, Block 1, King Addition, also known
as 1015 and 1029 W. Washington Street.
P & I Clerk Betty Chew presented the Planning & Zoning
Commission's recommendation.
Councilman Swindle moved acceptance of the negative
recommendation from the Planning & Zoning Commission.
Larry Tatum seconded the motion. The motion carried by
the following vote:
AYES: All members present voted aye.
NOES: None
B. Hear recommendation regarding amending Zoning Ordinance
to include "Mini- Warehouses" as a primary use included
under B -1 "Neighborhood Business District" with addi-
tional requirements.
The Mayor, with consent of the City Council, set
Tuesday, December 4, 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 consider the
above recommendation.
City Council Minutes
11/06/84
Page 2 of 8
ITEM III: PUBLIC HEARINGS FOR PROPOSED ZONING CHANGES:
A. Mayor Clayton opened the floor for a PUBLIC HEARING
to consider rezoning, from R -2 "Duplex and Apartment
District) to B -2 "Secondary and Highway Business
District ", Lot 5, Block 26, South Side Addition,
also known as 1685 W. Hyman Street.
THOSE IN FAVOR:
MRS. SHERRY HADDICK HALL, owner of the property,
addressed the Council stating that the existing
house on this property was not in condition to live
in, therefore she wanted to place a mobile home on
lot to live in until she could either remodel the
existing house or tear it down. Ms. Hall said the
lot was 200' x 104' and the mobile home was 14' x
66' and would face onto S. Sixth Street.
THOSE OPPOSED:
None
In their discussion, the Council expressed concern
about changing this property to B -2 property because
it is in a residential neighborhood and, should it
sell or should the owner decide to put in a busi-
ness, a B -2 zoning would allow a "heavy traffic
business" to go into a residential neighborhood.
Councilman Tatum moved that the City Council
override the recommendation of the Planning & Zoning
Commission and deny the request for a change of
zoning on Lot 5, Block 26, South Side Addition, also
known as 1685 W. Hyman Street. Councilman Gordon
seconded the motion. The motion carried by the
following vote:
AYES: All members present voted aye.
NOES: None
Mayor Clayton advised Ms. Hall that she could apply
to the Board of Adjustment for a special use permit
that would allow her to place a mobile home on this
lot for as long as she lived in it, but should the
property sell or should she move the mobile home off
the property, it would still be "R -2" property.
B. A PUBLIC HEARING to consider rezoning, from R -1 to
B -1, Lot 2A, Block 96, City Addition, also known as
562 N. Graham Street.
Mayor Clayton advised that this item would be
delayed until later in the meeting because the
applicant was unable to get to the meeting until
later.
ITEM IV: HEAR REPORT FROM MR. BILL MOBLEY WITH THE
STEPHENVILLE CHAMBER OF COMMERCE REGARDING
TOURISM ACTIVITIES.
Mr. Bill Mobley, executive director of the Stephenville
Chamber of Commerce, presented the Tourism Committee's annual
report.
V: HEAR
. MARLA CRAFT
City Council Minutes
11/06/84
Page 3 of 8
Ms. Marla Craft addressed the Council stating that she had
compiled a list of downtown property owners and interested per-
sons to form what she would like to call "The Stephenville
Antiquities Committee ". She said this would be a group to work
with the city government to designate historic sites and struc-
tures within the city. Ms. Craft said the following persons had
consented to serve on this committee:
Mr. Norman Fisher
Mr. Charles Riggins
Mr. Bob Scott
Mrs. Metta Collier
Mrs. Nicki Beth Jones
Dr. Richard King
Mrs. Frances Gideion
Ms. Marla Craft
Mr. Bob Glasgow
Ms. Craft said the committee's purpose would be to promote
and bring back a lot of the business and interest to the downtown
area. Also there are a lot of buildings that are not around the
square that deserve recognition as historical structures.
Councilman Reynolds moved that the City Council recognize
the Stephenville Antiquities Committee. Councilman Swindle
seconded the motion. The motion carried by the following vote:
AYES: All members present voted aye.
NOES: None
ITEM VI: CONSIDER PROVISIONS OF AIRPORT MANAGEMENT AGREEMENT.
City Administrator Kurt Ackermann explained that this
agreement has been in the works for several months. He advised
the Council of the work and review procedures taken in the
writing of this agreement.
After discussion, Councilman Swindle moved approval of the
Airport Management Agreement between the City of Stephenville and
C & F Aviation as discussed and authorize execution of same by
the Mayor. (Copy of said agreement attached to and becoming a
part of these minutes). Councilman Riggins seconded the motion.
The motion carried by the following vote:
AYES: All members present voted aye.
NOES: None
CONSIDER PROVISIONS FOR AGREEMENTS
City Administrator Kurt Ackermann explained that the Airport
Advisory Board had recommended some type of agreements for hangar
space and tie -down space. He said these agreements were pat-
terned after some standardized forms. They were reviewed by the
City Attorney and customized to fit the City's needs.
After discussion, Councilman Reynolds moved approval of the
Hangar Lease Agreements and the Tie -Down Space Agreement with the
deletion of Item 7 (Termination of agreement) as discussed and
the City Administrator Kurt Ackermann be authorized to sign said
agreements on behalf of the City of Stephenville. Councilman
Brede seconded the motion. The motion carried by the following
vote:
AYES: All members present voted aye.
NOES: None
City Council Minutes
11/06/84
Page 4 of 8
ITEM VIII: CONSIDER BIDS RECEIVED FOR AIRPORT IMPROVEMENT
PROJECT.
Mayor Clayton explained that the bids received for the
Airport Improvement Project were more than the city had budgeted
for this project. (Low bid of $214,485 from West Texas
Construction of Abilene, Texas). There is an alternate way to
bid this project to put the city in a position to get a lower bid
and still have just as good an improvement.
After discussion, Councilman McSwain moved that the City
Council reject all bids received for the Airport Improvement
Project, modify the specifications, and readvertise for bids.
Councilman Tatum seconded the motion. The motion carried by the
following vote:
AYES: All members present voted aye.
NOES: None
CONSIDER RECOMMENDAT
HIGHWAYS AND PUBLIC
OF
PEE
City Administrator Kurt Ackermann explained that this would
lower the speed limit on the Lingleville Road, from Highway 8
westward past the Oak Tree Apartments, to 40 mph.
Councilman Swindle moved passage of:
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS
ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF SECTION 167
AND 169 OF ARTICLE XIX, R.C.S. 6701d, UNIFORM ACT REGULATING
TRAFFIC ON HIGHWAYS, (LINGLEVILLE ROAD FROM HIGHWAY 8 WEST-
WARD PAST OAK TREE APARTMENTS) UPON THE BASIS OF AN
ENGINEERING AND TRAFFIC INVESTIGATION UPON CERTAIN STREETS
AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS
OF THE CITY OF STEPHENVILLE AS SET OUT IN THE ORDINANCE:
AND PROVIDING A PENALTY OF A FINE NOT TO EXCEED $200.00 FOR
VIOLATIONS OF THIS ORDINANCE.
Councilman Gordon seconded the motion. The motion carried by the
following vote:
AYES: All members present voted aye.
NOES: None
ITEM X
RY.
FROM RONNIE
OF PARKS
Director of Parks & Recreation Ronnie Isham addressed the
Council stating that the West End Cemetery has received a
$12,777.75 donation from the estate of Lola Buff. This money is
for the improvement of the West End Cemetery. Mr. Isham said
there had been several projects discussed in the past that needed
to be done, but always seemed above and beyond the budget. For
example, the property line between the cemetery and TSU property.
It seems that for the past several years TSU has used this area
as a junk ground. One way to remedy this would be to put up a
solid fence (700 feet). There are several types of fences and
they are all expensive. He said there is a possibility of TSU
participating in the cost of the fence.
Councilman Riggins said he felt this money should be spent
for some type of permanent improvement with a plaque attached.
City Council Minutes
11/06/84
Page 5 of 8
Mayor Clayton appointed the following committee to consider
different projects, decide what would be best, and bring back to
the Council:
* Charles Riggins
Bill Brede
Ronnie Isham
Kurt Ackermann
ITEM XI: CONSIDER AUTHORITY TO INVITE BIDS FOR THE
FOLLOWING ITEMS:
Mayor Clayton read the following list of items to invite
bids:
A. Copier - Library
B. Two (2) Patrol Units - Police
C. Leaf Control Equipment - Cemetery
D. Mower - Parks & Recreation
E. Ballfield Lights for Norton Field
F. Two (2) Radar Units - Police
G. Office Supplies
Councilman Swindle moved to grant authority to the respec-
tive Department Heads to invite bids for above listed items.
Councilman Riggins seconded the motion. The motion carried by
the following vote:
AYES: All members present voted aye.
NOES: None
ITEM XII: CONSIDER FOR AWARD BIDS RECEIVED FOR FOLLOWING
ITEMS:
Director of Public Works Danny Johnson presented the bids
and recommended acceptance of the low bids as follows:
A. Water & Wastewater Maintenance Materials:
Bid #2269: Flexicrome Premium Rod:
Barco Municipal Products-
Bid #2270: Various Clamps, Valves, Etc.:
,072.50
Industrial International---- - - - - -- $4,971.33
Bid #2273: Fencing and Posts for Landfill:
Barnes & McCullough--------- - - - - -- $3,258.00
Bid #2275: 1 Pick- Up -W /WW Dept. and 1 Pick -up /Street Dept.
Bruner Chevrolet Co.------- - - - - -- $16,842.00
Bid #2276: Traffic Regulatory Signs:
Hall Signs, Inc .------------ - - - - -- $2,901.45
Bid #2277: Street Name Signs:
National Sign Co. 4 -way assembly -$ 29.15
2 -way assembly -$ 15.02
Bid #2278: Galvanized Steel Round Sign Posts:
City Council Minutes Page 6 of 8
11/06/84
Hall Signs, Inc ------------------- $1,035.00
Mayor Clayton advised that Councilman Larry Tatum has abstain-
ed from discussion and will abstain from voting on either Item
11 or Item 12 due to the fact that he is employed by Bruner
Chevrolet Co. and both items contain motor vehicles.
Councilman Riggins moved acceptance of the low bids on the
various items listed above for the various departments.
Councilman Brede seconded the motion. The motion carried by the
following vote:
AYES: Councilmen Riggins, Brede, Gordon, Swindle, McSwain,
and Reynolds.
NOES: None
ABSTAIN: Councilman Larry Tatum.
Chief of Police Doug Conner presented the following bid
for a 1985 Pick -up for the Animal Control Officer:
Bid #2271: 1 1985 Pick -up for Animal Control Officer:
Low Bidder: Bruner Chevrolet Co --------------- $8,075.00
*Alternate Bid-Dodge -------------- $7,904.00
Chief Conner advised he would prefer the Chevrolet Pick-
up.
Councilman Reynolds moved acceptance of the bid of $8,075.00
from Bruner Chevrolet Co. Councilman Gordon seconded the motion.
The motion carried by the following vote:
AYES: Councilmen Riggins, Brede, Gordon, Swindle, McSwain,
and Reynolds.
NOES: None
ABSTAINED: Councilman Larry Tatum.
ITEM III: PUBLIC HEARINGS FOR PROPOSED ZONING CHANGES:
B. A PUBLIC HEARING to consider rezoning, from R -1 "One
Family Dwelling District" to B -1 "Neighborhood
Business District ", known as 562 N. Graham Street.
Mayor Clayton opened the floor for a public hearing
to consider for a change of zoning, from R -1 to
B -1, on Lot 2a, Block 96, City Addition, also known
as 562 N. Graham Street.
THOSE OPPOSED TO REZONING:
MRS. MARY HESTER, 589 N. Belknap Street: Mrs.
Hester addressed the Council opposing this change
of zoning. Mrs. Hester said the residents of this
neighborhood were mainly elderly people and they
felt it would disturb the neighborhood. All of the
area residents are very opposed to this rezoning.
She said she had been unable to contact all of them
to get them to come to this meeting, but they all
came with her to the P & Z Commission meeting and
the Council meeting before. Mrs. Hester said when
one business comes in others will follow.
Mayor Clayton said, for the record, that Bill Oxford
had called him to advise that he was not opposed to
this rezoning.
Mayor Clayton asked for a "show of hands" from the
audience of those opposed to the proposed change of
City Council Minutes Page 7 of 8
11/06/84
zoning. There were three (3) in the audience
opposed to the rezoning.
THOSE IN FAVOR OF REZONING:
MS. BARBARA WHITIS, on behalf of Joyce Whitis,
addressed the Council. Ms. Whitis read a letter
to the Council from Joyce Whitis requesting this
change of zoning so that she could establish a "Pet
Grooming and Pet Supply" business in this location
(562 N. Graham St.).
KATIE BILLS said she felt the business of pet
grooming would be much more accessible for the
clients and she did not feel there would be any
disruption to the neighborhood.
PAULA OXFORD said she and Bill were in support of the
B -1 zoning.
SUE CLAXTON said it would be a service to the community
and Mrs. Whitis would take good care of the property.
MRS. OPAL SMITH said she would like to see the pet
grooming business in this location and that she did
not believe Mrs. Whitis would take advantage of the
neighbors.
Councilman Reynolds asked if any of these persons
speaking in favor of the rezoning lived next to or
in that residential area? None of them did.
Councilman McSwain pointed out that what Mrs. Whitis
wants to use this property for is of no particular
consequence. The only question is whether we want
it to be B -1 or not.
Mayor Clayton said the Council needs to consider the
property around it, what it is zoned, look at the
street it is on, the traffic that is there, whether
it would be good business property or not, and how
detrimental it would be to those around it.
Councilman Riggins said his concern was that once it
was rezoned to B -1 that anything else that fits in a
B -1 District could be put there.
Councilman Swindle said the P & Z Commission has
advised that anything on a major thoroughfare should
be zoned for business. There are only two north and
south streets in the whole town (Graham Street and
Lillian). If FM 988 should be business he does not
understand why Graham Street should not be business.
There is probably more business on Graham Street
than there is residential property.
After more discussion, Councilman Swindle moved that
the City Council override the recommendation of the
Planning and Zoning Commission and rezone Lot 2A,
Block 96, City Addition, known as 562 N. Graham
Street to B -1 "Neighborhood Business District ".
The motion died for lack of a second.
City Council Minutes
11/06/84
Page 8 of 8
There being no other business to come before the Council,
Mayor Clayton adjourned the meeting at 8:35 p.m.
ATTEST:
it Secretary
r
David Cl yton, ayor
EMPLOYMENT AGREEMENT
THE CITY OF STEPHENVILLE, a municipal corporation, acting
by and through its Mayor, DAVID CLAYTON, in accordance with
action of the City Council of the City of Stephenville, and C & F
Aviation of Erath County, Texas, have this day entered into the
following Airport Manager employment agreement:
I.
CITY OF STEPHENVILLE is owner of the Stephenville Municipal
Airport situated in and adjacent to the City of Stephenville,
Texas, which airport has been in use for a number of years as a
municipal airport and same is equipped and laid out with main
hangars and smaller hangars and airplane runways. The City of
Stephenville as owner of aforementioned airport hereby enters
into this Airport Manager Employment Agreement with J. Edwin
Fitzgerald and Jubel Caldwell, d /b /a C & F Aviation on the terms
and conditions hereinafter set out.
II.
The terms of this agreement shall be for twelve (12) months
beginning November 1, 1984 and ending October 31, 1985 ,
with option to renegotiate for longer term providing C & F Aviation's
performance merits such renegotiation.
III.
It shall be the duty of C & F Aviation to negotiate for the
City of Stephenville the rental of hangars on said airport to indi-
viduals at a charge of $60.00 per month. C & F Aviation shall also
collect a rental fee to individuals for tie -down space for airplanes
which rate shall be a charge of $15.00 per month and tie -down spaces
may not be rented for periods extending beyond the end of a 30 -day
period. Charge for spaces to individuals not leasing by the month
shall be $2.50 per day beginning on the third consecutive day which
aircraft occupies such space. Forty percent (40 %) of fees paid as
tie -down charges shall be paid to C & F Aviation as compensation for
administration of said tie -down spaces. All other sums collected as
rental charges and fees shall be paid by C & F Aviation on or before
the 10th day of each month following the month in which rents
accrued and shall be paid to the City Administrator. Rental charges
may be changed at the sole discretion of the City Council.
Collection of these fees shall be made by C & F Aviation.
C & F Aviation acting as Airport Manager shall have the right
to sell airplane fuel and oil at said airport and shall pay to the
City of Stephenville two cents (2¢) per gallon for all airplane fuel
sold by him at said airport.
IV.
The City of Stephenville will furnish to C & F Aviation at
said airport city water and sewer as partial compensation in con-
sideration of C & F Aviation discharging duties as Airport
Manager. Furthermore the City of Stephenville will permit C & F
Aviation the use of the main hangar and terminal building as com-
pensation for discharging the duties set out hereafter as Airport
Manager. Other utilities which service the terminal building and
main hangar building will be paid by C & F Aviation.
V.
As a part of the consideration for compensation to be paid;
C & F Aviation agrees to assume and discharge the responsibility
and the duty to generally manage and supervise the airport faci-
lity acting in the capacity of Airport Manager for the City of
Stephenville at its municipal airport. These duties and respon-
sibilities shall include but not be limited to the following:
1
The keeping of all records required by federal, state, and
local agencies and by any associations of which said air-
port shall be a member or affiliate.
Conducting of all operations of said airport in accordance
with any and all government regulatons; said airport to be
in operation during the hours of 8:00 a.m, to 5:30 p.m.
Monday thru Saturday and 1:00 p.m. to 5:30.p.m. Sunday.
Acting as liason with Federal Aviation Administration,
Texas Aeronautics Commission, and Airport Advisory Board.
Advising the City Administrator in overall management of
operations to insure adequate income and proper assessment
of users.
Performing minor maintenance activities at airport facili-
ties on buildings, grounds, equipment, apron areas, run-
ways, and taxiways to assure proper and safe operating
levels and respectable appearance.
Reporting to the City Administrator and advising as to
needs for improvements or major maintenance at the
facility.
Responsible for effective public relations with airport
users and visitors.
Coordinating with other city departments which may be
assigned to perform certain maintenance activities at the
airport.
Coordinating the activities of the municipal airport with
other airports in the area.
Serving as ex- officio member of the Airport Advisory Board.
Performing related duties as required.
VI.
Failure on the part of C & F Aviation, acting as Airport
Manager, to perform the duties stated herein may result in the
termination of this agreement by the City Council of the City of
Stephenville upon a ninety (90) day written notice. If C & F
Aviation is in breach of duty then the City Council will give
C & F Aviation written notice of such breach with written request
cure same within 30 days. Failure by C & F Aviation to cure
such breach would give the City Council the right to discharge C &
Aviation within 30 days from failure to comply.
VII.
C & F Aviation, acting as Airport Manager, is required to
furnish to the City Council of the City of Stephenville a minimum
ninety (90) day written notice, should during the term of this
agreement C & F Aviation desire to terminate its participation.
VIII.
C & F Aviation is given right to renew this agreement for an
additional term of twelve (12) months upon ninety (90) day written
notice to the City prior to the end of agreement term herein pro-
vided, upon terms to be agreed upon between C & F Aviation and the
City of Stephenville at that time.
PASSED AND APPROVED this the 6 day of November , 1984,
by the City Council of the City of Stephenville, Texas.
2
to
F
C & F AVIATION
By G�e�c.�
J. Edwin Fitzg
By
p1bel Caldwell
9
CITY OF STEPHENVILLE
B r G�
David Clayton Mayor