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HomeMy WebLinkAbout1984-12-04 - Regular City CouncilMINUTES OF THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS, HELD ON TUESDAY, DECEMBER 4, 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 Pro Tem with the following members present: Mayor: David Clayton (late) Floyd Gordon Councilmembers: Larry Hammett William G. Brede G. A. Swindle James L. McSwain Ray Reynolds Larry Tatum and with the following members absent: Charles Riggins. 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, Building Inspector Gary Nabors, P & I Clerk Betty Chew and many others were present. ITEM I: CONSIDER APPROVAL OF MINUTES OF NOVEMBER 6, 1984. Councilman McSwain moved approval of the minutes of the City Council meeting held on the 6th day of November, 1984 as written. Councilman Reynolds seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM II PLANNING & ZONING Mr. Charles Castleberry, Chairman of the Planning & Zoning Commission, addressed the Council. Mr. Castleberry read a letter to the Council from the Commission in which the work, hours, and effort involved in compiling this proposed ordinance were outlined. The Commission (in the letter) recommended the pro- posed Zoning Ordinance "be passed and affirmed by way of public hearing. This action is urgent and should be acted on at the December 4, 1984 meeting ". Councilman McSwain moved that this item not be put into com- mittee. That the Council take this opportunity tonight to adopt the new Zoning Ordinance and not only adopt the new Zoning Ordinance, but that the Council commend the Planning & Zoning Commission members, past and present, as well as the city staff members that have participated in the preparation and planning of this proposed ordinance. I think we should do it. They have worked on it for 31/2 Years and I think that is long enough. Councilman Brede seconded the motion. COUNCIL DISCUSSION: Councilman Larry Hammett: He felt he would certainly sup- port this new ordinance, but would like to see the Council have a public hearing or something on it. He certainly had not had time to research the entire document. Mayor Pro Tem Swindle: Now that we have the proposed Zoning Ordinance in our possession, now would be the most opportune time to set another committee to go over this and meet with the builders, the realtors, and the people that are going to be the most widely effected by it. Let them tell us their grievances regarding this proposed ordinance. Charles Castleberry: The Commission has had a lot of input on this. There are some parts of it that are not going to City Council Minutes 12/04/84 Page 2 of 8 satisfy everyone, but the Council has an obligation to the public to make sure that what is enacted is for the safety and welfare of people that may not be able to vocally express their opinion. The only thing the Commission is asking is for the Council to set this for a public hearing and let the public hearing determine what direction it takes. Mayor Pro Tem Swindle commented that the last time the R -3 zoning classification was discussed there were several pro- perty owners and builders that were deeply concerned with what was going to happen to their R -2 property now. Mayor Pro Tem Swindle called for question on the above motion. The motion did not carry by the following vote: AYES: Councilman McSwain NOES: Councilmen Gordon, Hammett, Brede, Reynolds, and Tatum. ABSTAINED: None Mayor Pro Tem Swindle appointed the following councilmen as a committee to study this proposed new Zoning Ordinance: Larry Hammett Larry Tatum Ray Reynolds Mayor Pro Tem Swindle directed the committee to send notices to the builders and put a notice in the paper that you are going to have a meeting. You might want to have one meeting before you have a public committee meeting and go over this ordinance and see the areas that you think might cause con- cern and report back to the Council. Charles Castleberry: The Commission does not take into con- sideration any special interest groups. The Commission is working for all the citizens of the city not any special interest group. He said the R -3 zoning classification is in the ordinance for a purpose and the Commission is prepared to "blanket zone" R -3 to any criteria for that classification. Helen Martin, Vice Chairperson of the P & Z Commission, addressed the Council asking the Council to consider having a special meeting for this public hearing only with no other agenda items where they could hear everyone. Everybody in Stephenville should be involved. Not only is the R -3 classification important, but the sign ordinance is quite important and the Commission feels this is a real move for- ward for the City of Stephenville and, of course, it affects everybody. The Commission feels that everybody should have input and not people picked for a special committee hearing. Mayor Pro Tem Swindle turns the Chair over to Mayor Clayton. Mayor Clayton with the consent of the Council set Tuesday, January 22, 1985 at 6:30 p.m. in Council Chambers at City Hall, 354 N. Belknap Street, as the date, time, and place for a public hearing to consider adoption of the proposed zoning ordinance with copies of the proposed ordinance available upon request. ITEM III: PUBLIC HEARING TO CONSIDER AMENDMENT TO CITY Dr. Jim Magill presented the P & Z Commission Committee's recommendations for the classification of mini - warehouses as follows: City Council Minutes 12/04/84 Page 3 of 8 1. Classifications for mini - warehouses be in B -1, B -2, and Industrial. 2. The number of units to be determined by the size of the lot. 3. The setbacks: a. Twenty feet (201) from the front. b. Five feet (51), if the buildings face inward from the side boundaries. c. Twenty -five feet (251), if the buildings face the perimeter. 4. All driving and loading areas must be a sealed surface paving. Mayor Clayton opened the floor for a public hearing to con- sider the above classification of mini - warehouses. THOSE IN FAVOR: None THOSE OPPOSED: None Vince Daddio addressed the Council stating that he was neither for or against the proposed zoning classification for mini - warehouses. He said he did have a question regarding the "sealed surface" paving. The paving could be a problem for the builder because of the cost of paving such a large area. A good compactable gravel base might be more feasible than a "sealed surface paving" in some instances. There being no one else present wishing to comment on this issue, Mayor Clayton closed the public hearing. Councilman Reynolds moved that mini - warehouses be classified in B -1, B -2, and Industrial zoning districts with the following provisions: 1. The number of units to be determined by the size of the lot. 2. The setbacks be: a. Twenty feet (201) from the front. b. Five feet (51) if the buildings face inward from the side boundaries. c. Twenty -five feet (251) if the buildings face the perimeter. 3. All driving and loading areas must be a sealed surface paving. Councilman Gordon seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM IV VER OF UTILITY ] _Marty Wrinkle, representing the Byron Street property owners, passed out packets containing information and questions he and his neighbors had compiled regarding the pro rata charge ($6.91 per front foot plus tap fees and street restoration) each resident on Byron Street is required to pay if they want use of city water. City Council Minutes 12/04/84 Page 4 of 8 Mr. Wrinkle, on behalf of the property owners on Byron Street, said (in part) that it is their belief that since they have been paying taxes for the past nine years as they feel their taxes have included construction of the water line in this area. Jerry Caldwell, Bobby Arrington , and J. O. Bachus addressed the Council objecting to this utility pro rata charge on Byron Street. After a very lengthy discussion, Mayor Clayton appointed the following councilmembers as a committee to answer the questions included in the packet from Mr. Wrinkle: Larry Tatum Ray Reynolds Bill Brede REPORT FROM Marla Craft, representing the Stephenville Antiquities Committee, addressed the Council and passed out a "sample ordi- nance" designating the original 20 block survey of Stephenville as a district of historical significance and that any future alteration thereto be governed by this ordinance. Ms. Craft said they were asking that the Council appoint a committee of three members to meet with them to further study this ordinance and further promote this project. Mayor Clayton appointed the following councilmembers to study this sample ordinance presented by Ms. Craft and, if they think it feasible, to contact her and set up a time to meet with the Committee: Jim McSwain Floyd Gordon Charles Riggins Ms. Craft said she would also like to offer a suggestion con- cerning the downtown parking meters which had worked very well in Granbury. This was that the employers actually purchased a parking space from the city on a city lot for each employee. It was her understanding that this worked very well as the employees had designated parking spaces. This would also return some reve- nue to the city because the city has some very nice parking lots. This would get the parking meters off the streets. Mayor Clayton asked the Traffic Study Committee to look into the parking meter problem and see what recommendations they think would be feasible. ITEM VI: HEAR REQUEST FOR VARIANCE FROM THE SUBDIVISION ORDINANCE FOR RIDGEVIEW ESTATES SUBDIVISION BY MR. VINCE DADDIO. Councilman Reynolds advised he would abstain from discussion or voting on this issue due to a conflict of interest. Councilman Hammett commented that he had been on the Committee that met on this before. Mr. Daddio was not far enough along with the subdivision for the Committee to feel they could grant the variances when requested. This has been done before with Kenneth Currier and it was not a problem for the City, but he would like to hear what Danny Johnson has to say about it. City Council Minutes 12/04/84 Page 5 of 8 Danny Johnson, Director of Public Works, addressed the Council stating that he had no objections to the variance as long as all the other subdivision requirements are met with the excep- tion of the surface paving. That is curb and gutter, all utili- ties in place, everything with the exception of the surface paving. Councilman McSwain moved to grant the variance requested by Vince Daddio for building permits to be issued in the Ridgeview Estates Subdivision before the paving of the streets is complete. Councilman Hammett seconded the motion. The motion carried by the following vote: AYES: Councilmen Gordon, Hammett, Brede,- Swindle, McSwain, and Tatum. NOES: None ABSTAINED: Councilman Reynolds. ITEM VII: CONSIDER RESOLUTION CREATING AN AIRPORT FUND AS PART OF THE CITY BUDGET TO FULFILL GRANT REQUIREMENT TO TEXAS AERONAUTICS COMMISSION. City Administrator Kurt Ackermann explained this is part of the grant agreement with the Texas Aeronautics Commission. They are asking the City to agree not to transfer any funds from the Airport Fund to the General Fund. Councilman Swindle moved passage of a Resolution establishing an Airport Fund as required by the Texas Aeronautics Commission. Councilman Tatum seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM VIII: CONSIDER BIDS FOR AIRPORT IMPROVEMENTS. City Administrator Kurt Ackermanm presented the following bids for the Airport Improvement Project: 1. Cox Paving Co. Blanco, Texas - -- $232,015.00 2. West Texas Construction--------- - - - - -- $175,760.00 Abilene, Texas 3. Downing Bros -------------------------- $183,196.00 Waco, Texas 4. Don McCoy ----------------------------- $187,425.00 Stephenville, Texas Councilman Reynolds moved acceptance of the low bid of $175,760.00 from West Texas Construction Co. from Abilene, Texas. Councilman Hammett seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None IX: CONSIDER TIONS FROM TRAFFI L441 Councilman Swindle, chairman of the Traffic Study Committee, reported the committee had the following recommendations for parking restrictions around Tarleton State University and FM 988: City Council Minutes 12/04/84 Page 6 of 8 1. No parking on McIlhaney to Tarleton on the west side of the street between the hours of 8:00 a.m. and 3:00 p.m. Monday thru Friday. 2. "No Parking Here to Corner" signs be installed at various intersections around TSU as permitted by statute. 3. Current "No Parking" zones to be vigorously enforced. 4. Council consider placing some "NO Parking" zones on NW Loop around Rangler's store. Helen Martin addressed the Council regarding the apartments on the corner of Jones and Neblett. The parking spaces come right out to the curb which creates sight restrictions when driving south on Neblett and try to cross into Jones Street. Part of the problem is they have not left any sidewalk area. The parking lot comes right out to the curb. After lengthy discussion, Councilman Swindle moved that the City Attorney draft an ordinance designating "NO Parking Here To Corner" on Vanderbilt and Lillian. An ordinance for "No Parking" on McIlhaney from Vanderbilt to Tarleton on west side of street between the hours of 8:00 a.m. to 3:00 p.m. Monday thru Friday. An ordinance for "No Parking" on the NW Loop on the south side of the road from Dale Avenue to Charlotte St. Councilman Gordon seconded the motion. Councilman Swindle amended the above motion designating "No Parking Here to Corner" to include Neblett and Vanderbilt, Cain and Vanderbilt, McIlhaney and Vanderbilt, and 011ie and Vanderbilt. Councilman Gordon seconded the amendment to the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM X: CONSIDER APPOINTMENTS TO THE FOLLOWING BOARDS: 1. Planning & Zoning Commission - Appointment deferred until the January 8, 1985 Council meeting. 2. Building Board 3. Electrical Board 4. Plumbing Board - Appointment deferred until the January 8, 1985 Council meeting. BUILDING BOARD - ONE -YEAR TERM Mayor Clayton, with the consent of the Council, appointed the following persons as the Building Board of the City of Stephenville for one year: David Jaquess Seth Moore Eddie Caudle James Young Fred Parker ELECTRICAL BOARD - ONE YEAR TERM City Council Minutes Page 7 of 8 12/04/84 Mayor Clayton, with the consent of the Council, appointed the following persons as the Electrical Board of the City of Stephenville for one year: Ken Harris David Bragg Johnnie Davis Richard Alderfer Kenneth Howell ITEM XI: CONSIDER FOR AWARD THE FOLLOWING BID ITEMS: 1. Bid #2268A: Replacement carpet, drapes, blinds, in city offices: a. The Brass Door ---------------------- $7,328.17 b. Interior Trends --------------------- $6,681.74 It was the consensus of the Council that by asking for all items in one bid some local people were excluded from bidding on the carpet and might get better bids to put the items out for bids individually. Councilman Swindle moved to reject all bids and invite bids on individual items (carpet, drapes, and blinds). Councilman Brede- seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None 2. Bid #2269A: Exception Item Decoder - Customer Service: a. Burroughs Corp .--------------- - - - - -- $2,750.00 Less Trade- In--- - - - - -$ 200.00 $2,550.00 Councilman Reynolds moved acceptance of only bid of $2,550.00 from Burroughs Corp. Councilman Swindle seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None 3. Bid #2279: Office Supplies: a. Patterson Office Supply ------------- $2,041.89 b. Bennett Office Supply --------------- $2,157.53 Councilman Swindle moved acceptance of the low bid of $2,041.89 from Patterson Office Supply. Councilman Hammett seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None 4. Bid #2280: Two Patrol Cars - Police Department: a. Bruner Chevrolet Co ----------------- $22,698.00 Alternate bid -- Plymouth------- - - - - -- $22,742.10 b. Wayne Blue Ford Co.----------- - - - - -- $23,229.24 Councilman Gordon moved acceptance of the low bid of $22,742.10 for two Plymouth patrol cars from Bruner City Council Minutes 12/04/84 Page 8 of 8 Chevrolet Co. Councilman Hammett seconded the motion. The motion carried by the following vote: AYES: Councilmen Gordon, Hammett, Brede, Swindle, McSwain, and Reynolds. NOES: None ABSTAINED: Councilman Larry Tatum due to conflict of interest. 5. Bid #2281: Two Speed Radar Systems - Police Department: a. Decatur Radar Co.------------- - - - - -- $5,990.00 Councilman Gordon moved acceptance of the only bid received of $5,990.00 from Decatur Radar Co. Councilman Brede seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None 6. Bid #2270A: Copier - Library a. Patterson Office Supply ------------- $2,129.00 Less Trade-In ---------- $ 100.00 $2,029.00 b. Stevens Office Supply --------------- $2,190.00 Less Trade-In ---------- $ 50.00 $2,140.00 Councilman Swindle moved acceptance of the low bid of $2,029.00 from Patterson Office Supply Co. Councilman Tatum seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM XII: EXECUTIVE SESSION: Mayor Clayton recessed the open meeting and called the Council into Executive Session as provided in the Open Meetings Law, Article 6252 -17, V.T.C.S., Section 2(e), for the purpose of discussing contemplated litigation. The Council discussed the lack of compliance on behalf of the University Apartments (Fred Placke) with city building and zoning ordinances. Mayor Clayton reconvened the Council in open meeting. No action was taken on the matter discussed in executive session. There being no other business to come before the Council, Mayor Clayton adjourned the meeting at 9:55 p.m. ATTEST: D�G� David Clayton, or May B�b�d ty CA Zecretary RESOLUTION A RESOLUTION ESTABLISHING AN AIRPORT FUND AS REQUIRED BY TEXAS AERONAUTICS COMMISSION: WHEREAS, the City Council of the City of Stephenville, Texas has entered into a grant agreement with the Texas Aeronautics Commission for improvements at Stephenville Municipal Airport, and WHEREAS, said grant agreement requires the City Council of the City of Stephenville, Texas to establish an Airport Fund; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: SECTION 1: That an Airport Fund is hereby created; such fund shall be separate and apart from the General Fund. SECTION 2: That all fees, charges, rents, and money from any source derived from airport operations must be deposited in the Airport Fund, and shall not be diverted to the General Revenue Fund or any other fund of the City of Stephenville. SECTION 3: This resolution shall take effect immediately from and after its passage. APPROVED AND ADOPTED this 4th day of December, 1984. Mayor, David C ayton AT-TEST: Pt ecretary APPROVED: Joseph A. Chandler City Attorney