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HomeMy WebLinkAbout1983-11-01 - Regular City Council309 MINUTES OF THE CITY COUNCIL OF THE CITY OF STEPHENV.ILLE, TEXAS, HELD ON TUESDAY, NOVEMBER 1, 1983 - 7:00 P. M. ;The regular meeting of the City of Stephenville was called to order by the Mayor Pro Tem with the following members present: Mayor Pro Tem John E. Pollan Councilman Floyd Gordon Councilman G. A. Swindle Councilman Ray Reynolds Councilman James L. McSwain and with the following members absent: Mayor Joe F. Cummings, Councilmen Charles Riggins, William G. Brede, and David Clayton. City Administrator Kurt J. Ackermann, City Pemberton, Director of Finance Charlene Young, Doug Conner, Fire Chief Larry May, Director of Johnson, Director of Parks & Recreation Ronnie Supt.,Clinton Hicks, Betty Chew, members of th others were present. ITEM I: CONSIDER APPROVAL OF MI Secretary Joyce Chief of Police Utilities Danny Isham, Street press and many Councilman Swindle moved that the minutes of the meetings held on September 15, 1983, October 4, 1983, 13, 1983 be approved as written. Councilman McSwain motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None PUBLIC HEARING TO CONSIDER RE Q -1 Tn R.9 _ T.nT IA _ AMOK 1 City Council and October seconded the ION Mayor Pro Tem Pollan opened the floor for a public hearing by asking those in favor of the rezoning to come forward to address the Council. Mr. Jim Parker, one of the co- owners of the property in question, addressed the Council stating that the location of the property which is the triangle shaped tract of vacant land adja- cent to the River North Phase II Subdivision and immediately to the west of the Stephenville Medical and Surgical Clinic, and being a part of the Paul Howell property, was a prime location for housing and development. He said they planned a development that would be an asset to the City of Stephenville. Mr. .Roger Beam, 2220 Lingleville Road, addressed the Council opposing said rezoning. Mr. Beam said he agreed this property needs to be developed, but that would put apartments on one side and the Rock House on the other side of his property which he felt would decrease the value of his property. He said the pro- perty values in that area are declining rapidly. Mrs. Helen Martin, Vice Chairperson of the Planning & Zoning Commission, addressed the Council reporting that the Commission had voted 3 to 2 in favor of the rezoning. Mr. P. O. DeWall, developer of the propety, addressed the Council stating that they have engaged Mr. James Young to engineer the development and it will be built to city standards. The development will fit into the condominimum concept, but he does not know how many units until they get further into the 3J0 planning stages. He said the property is under contract at this time. There being no one else wishing to address the Council on this,matter, Mayor Pro Tem Pollan closed the public hearing. Councilman McSwain expressed his concern about the increase of traffic on the Lingleville Road Mayor Pro Tem Pollan explained that the Council could not take any action at this time as the ordinance requires a three fourths (3/4) vote of the Council for a zoning change. He said a special meeting would be set for this item. ITEM III: CONSIDER RECOMMENDATIONS FROM P & Z COMMISSION AS FOLLOWS: A. Councilman McSwain moved that Dr. W. 0. "Bill" Trogdon be appointed as a member of the Planning & Zoning Commission, to fill Place 3 vacated by the resignation of Gene Daley as recommended by the Planning & Zoning Commission. Councilman Reynolds seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None B. Negative recommendation on request by Dorothy Watkins to rezone, from R -2 to B -1, Lot 3D, Block 40, Park Place Addition, being located at 1940 W. Sloan Street. Mayor Pro Tem Pollan tabled this item until the special meeting as this also needs a three - fourths (3/4) vote of the Council. C. Hear report regarding public hearing for proposed R -3 zoning district. Mrs. Helen Martin, Vice Chairperson of the P & Z Commission, addressed the Council reporting that the Commission had held a public hearing on the proposed R -3 zoning district and had only one person, Vince Daddio, to comment on it. Mrs. Martin said the Commission felt that the R -3 district was needed because apartments are just "popping" up in residential areas and encroaching on the residential areas. She said they realized apartments were needed in college area, but the home owners also need to be protected. Mayor Pro Tem Pollan appointed the following Councilmen as a committee to work with the P & Z Commission to work out the areas where the R -3 zoning could be: G. A. "Pinkie" Swindle, chairman Floyd Gordon James McSwaia �., This item was tabled until the special meeting due to the absence of Mr. Patterson. COMMUNICATIONS, INC. Mr. Rick Thompson advised the Council that Warner Amex has agreed in principal and in fact has signed a purchase contract to sell its smaller systems in Texas. Ten of these systems, including Stephenville, will be going to Northland Communications, Inc. They will, hopefully, be acquiring possession of the system the first part of 1984 and when that transaction happens, Northland has already agreed to accept all of the franchise requirements that Warner Amex had agreed to in the new franchise. At that point, about the first of the year, Northland will be proceeding with the rebuild. Mayor Pro Tem Pollan explained that all that is being asked for at this meeting is presentation from the individuals who are proposing to purchase the Warner Amex franchise as far as this area is concerned as required by the franchise. This will go back to committee and there will not be a vote at this time. Mr. David Kinley, Executive Vice - President of Northland Communications, Inc., addressed the Council advising them that Northland Communications, Inc. has agreed to fu.11fill all obliga- tions that are imposed by the ordinance itself including the rebuild within 18 months as Warner;Amex had agreed, effective October 6, 1983. Mayor Pro Tem Pollan asked the committee that had worked with Warner Amex on the new franchise to work with Northland Communications on this matter. The committee is as follows: William G. Brede, Chairman G. A. Swindle John Pollan Mayor Pro Tem Pollan asked Mr. Kinley to send an overview of the company's financial stability. VI: HEAR Councilman McSwain reported that the proposed rate gave Lone Star Gas Co. the opportunity to make about 6% on their invest- ment. The Railroad Commission allows them to make 8% on their investments, therefore, the committee felt the 6% was reasonable. He said the only thing the committee found that they were not in agreement with was the $4.00 summer and the $6.00 winter rates. Mr. Beck drew up a straight $5.00 per month user rate which the committee felt would be advantageous to the consumers on a limited income. It was the committee's considered opinion that Lone Star Gas Co. should be allowed to increase their rates as per schedule, a 2.5% increase. After discussion, Councilman McSwain moved that Lone Star Gas Co. be granted the increase of the alternate rates allowing the $5.00 per month user fee and a 2.5% rate increase. Councilman Reynolds seconded the motion. The motion carried by the following vote: AYES: Councilmen Pollan, Swindle, Reynolds, and McSwain. NOES: Councilman Gordon. ITEM VII: CONSIDER COMMITTEE REPORT REGARDING LEASING OF Councilman McSwain reported that in a previous meeting the committee had recommended leasing two lots to the C.A.D. at a rate of $325.00 per month. The Council had requested an appraisal on the property. Mr. Dee White did an appraisal. The appraisal was $37,850.00 and assuming that the removal of this 311 3] 2 property from the city's clean -up and maintenance saved the city money and the Appraisal District put a building on said property, which eventually the city would take possession of, the com- mittee feels that the original proposal of #325.00 per month is reasonable and would, therefore, recommend that the city lease this property to the Central Appraisal. District of Erath County for $325.00 per month for one (1) year. The contract to be rene- gotiated each year. Councilman McSwain moved that the City lease Lots 1 and 4, Block 13, City Addition, to the Central Appraisal District of Erath County for the sum of $325.00 per month for one (1) year with the City Attorney to draw up the necessary legal documents. Councilman Reynolds seconded the motion. The motion carried by the following vote: AYES: Councilmen McSwain, Reynolds, Gordon, and Pollan. NOES: Councilman Swindle. Councilman Swindle asked that the records show that no one from the Central Appraisal District was present at this meeting. ITEM VIII: CONSIDER PROPOSAL BY JOHN SKIPPER T( Mayor Pro Tem Pollan advised that as per council's direction earlier this year a committee of David Clayton, Dee White, Bill Oxford, and Kurt Ackermann met to discuss the city's situation regarding the update of the city's platbook. it was the consen- sus of the committee to contact John skipper and request a propo- sal to correct work that had been done on the platbook earlier. The work would primarily involve restoring legal descriptions which have been changed. City Administrator Kurt Ackermann advised that $20,000.00 was included in the present budget for this work. After some discussion, Councilman Swindle moved that the proposal from John Skipper to update the city's platbook be accepted and approved. Councilman Gordon seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM IX: CONSIDER PROPERTY APPRAISAL OF FOLLOWING TRACTS LOCATED ON CAREY STREET. A. All that certain tract of land being 50' x 104' out of N. Carey Avenue between the southern 104 / of Lot 2, Block 10, and Lot 1 -c, Block 11, of the Crow Styles Addtion. B. All that certain tract of land, being 30' x 150' between Lots 2 -D and 3 -D, Block 6, Butler Addition. Mayor Pro Tem Pollan advised that the appraisal had deter- mined that the value of these properties are in excess of $1,000.00 each, therefore, will need to be put out for bids. Mayor Pro Tem Pollan said the policy has been for the city to order and pay for surveys. The future policy, if and when a survey is needed, will be as follows: The individual that becomes the top bidder on the property surveyed will be required to reimburse the city for the cost of the survey, in as much, as it becomes a service to that indivi- dual and not to the city. Providing it meets the legal guideli- nes, a minimum bid will be $1,200.00 which includes the survey costs and the property. Councilman Swindle moved that the above listed properties be put up for bids with the minimum bid being #1,200.00 each which will cover the survey and the appraisal. Councilman Reynolds seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM X: HEAR DISCUSSION FROM DIRECTOR OF PARKS & RECREATION REGARDING VANDALISM AT CITY PARK. Director of Parks & Recreation Ronnie Isham addressed the Council regarding the vandalism at the city park. Mr. Isham said he figured it was costing the city approximately $1,200 to $2,000 per year in repairs to park property destroyed by vandals. Mr. Isham said he had two ideas he thought might be of some help. They are as follows: 1. Close the gate going to the south section of the park at 5:00.p.m. until March 1, 1984. (The tennis courts are accessible by the bridge). 2. Offer a reward for the arrest and conviction of persons vandalizing the park property - minimum of $250.00. After discussion, Councilman McSwain moved that the gate at the city park going into the south area of the park be closed at 5:00 p.m. until March 1, 1984 and that a reward, minimum of $250.00, be offered for information leading to the arrest and conviction of persons vandalizing property at the city park, sub- ject to the approval of the City Attorney. Councilman Reynolds seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None Mayor Pro 'rem Pollan advised that Mayor Cummings had requested this item be discussed. He said he felt everyone was aware of the fact that traffic was becoming so congested in the downtown area, especially at certain times of the day, that something was going to have to be done to alleviate some of the problems. Mayor Pro Tem-Pollen -- appointed the following councilmen as a committee to work with City Attorney Chandler to draft an ordi- nance for council consideration at the next regular meeting: William G. Brede, chairman Charles Riggins David Clayton 3l 3 j. Councilman McSwain said he had noticed a problem with the traffic flow when there was any "on street" parking on either side of the narrow portion of Frey Street. He said he felt the traffic in said area would at least double when the new school is completed. Councilman McSwain proposed that,the City Attorney draft an ordinance prohibiting parking on Frey Street between Harbin Drive and Dale Avenue except where one block of houses face Frey Street which is the southside of Frey Street between Dale Avenue and Mockingbird Lane. Mayor Pro Tem Pollan directed Mr. Chandler to draft an ordi- nance prohibiting "on street" parking as outlined by Mr. McSwain.. Councilman Swindle moved that the City Council authorize bid invitations for the construction of waterworks improvements on Highways 281, 377, and Byron Street. Councilman Gordon seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM XIV: CONSIDER FOR APPROVAL LOGIN SERVICE. After some discussion, Councilman McSwain moved approval of the LOGIN service. Councilman Swindle seconded the motion.. The motion carried by the following vote: AYES: All members present voted aye. NOES: None OF City Administrator Kurt Ackermann explained that what this policy amounts to is that anyone wishing to file a complaint against a city employee would do so in the form of writtn affida- vit and submit that to the employee's immediate supervisor whether it be his department head, the City Administrator, or be referred to the City Council for investigation. It amounts to asking for written statement from that individual and that state- ment to be signed and notarized. It will be incumbent upon the city to fully investigate the allegations and come to some type of resolution of the issue. After some discussion, Councilman Swindle moved adoption of said policy for the handling of complaints against city personnel as presented, Councilman Gordon seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None. ITEM XVI: CONSIDER AMENDMENT TO 1982-83 BUDGET. Director of Finance Charlene Young presented the final amendment to the 1982 -83 budget as follows: TO: Planning & Inspections Dept ,----- - - - - -- $2,300.00 FROM: Airport Dept --------------------------- $2,300.00 Mrs. Young explained that the Planning & Inspections Department went over budget due to hiring of a new building inspector before end of year. Also that this is the only department to go over budget this year. Councilman Swindle moved approval of the budget amendment as presented above. Councilman McSwain seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None Chief of Police Doug Conner explained to the Council that fines for parking violations were only $1.00 (this is not including parking meters). Chief Conner said a lot of the viola- tions are happening around the college. He feels that a lot of students would rather pay $1.00 per day to park near the campus than park on the football field parking lot and walk to the cam- pus. Chief Conner said he would recommend raising the fine to a minimum of $5.00. The Council discussed and it was the geneeral consensus that if the fines were not paid within the (10) days the fine increases to $25.00. After more discussion, Councilman McSwain moved that the fines for parking violations be increased from $1.00 to $5.00. Councilman Reynolds 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 Pro Tem Pollan adjourned the meeting at 9:30 p.m.> M r- Fro Tem John E. Pollan ATTEST: Ci y Secretary 315 x .5- fP)eA& .LDS FAQ -POPT mI 0 h 'RE5SpEA]C-F y5a a. FYEP,ET-7- Cava_ POJ?C N I ,` 0, EXHIBIT na. e — of oT 17 79L I0i -'AK K PLACE An ®N,