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HomeMy WebLinkAbout1981-05-05 - Regular City CouncilREGULAR SESSION-TUESDAY MAY 5, 1981 - 7:00 P.M. CHAMBER OF THE CITY COUNCIL CITY HALL, STEPHENVILLE, TEXAS 1. The City Council of the City of Stephenville, Texas, met in Regular Session Tuesday, May 5, 1981 at 7:00 pm with Mayor Joe F. Cummings present and presiding. MEMBERS PRESENT: G. A. Swindle W. M. Irwin William G. Brede MEMBERS ABSENT: Raymond Anderson David Clayton OTHERS ATTENDING: City Administrator Kurt Ackermann City Secretary Joyce Pemberton City Attorneys -Joseph & Randy Chandler Director of Finance Charlene Young Director of Public Works R. Y. Gann Director of Utilities Danny Johnson Director of Parks & Recreation Ronnie Chief of Police Mike Watkins Fire Marshall Kenneth Haley Mr. Vince Daddio Members of the press and many others. Charles Riggins E. W. Ferguson Larry Hammett Mr. J. W. Beck Dr. Theresa Mulloy Mr. Roy Alexander Mrs. Nita Perryman Mrs. Betty Heath Isham Mayor Cummings called the meeting to order and declared a quorum present. TEM I: APPROVAL OF MINUTES Councilman Hammett moved, seconded by Councilman Brede, that the minutes of the meetings of April 7th and April 20th, 1981, be approved as written. Motion carried unanimously. ITEM II_: REQUEST FROM SELL PROPERTY AT Mr. Vince Daddio addressed the Council making a formal request that the city owned property which was the site of an abandoned sewer lift station, located at the intersection of the Lingleville Highway and FM 988, be put up for bids. Mr. Daddio advised that he would like to purchase the said property for the purpose of constructing a small office building for himself. He said that, should the city decide to sell said property, it should be pointed out to bidders that only a very small amount of the property would be avail- able as a building site because of water and sewer easements across the property. (a live sewer line, 2 abandoned sewer lines, a fire sprinkler line serving a nursing home and a sewer tap serving a nursing home). Mayor Cummings advised Mr. Daddio,that the Council would consider his request. The Mayor appointed Councilmen Swindle, Clayton and Irwin as a committee to consider whether said property should be put up for bids or if the City should retain it. 4i S ITEM III: ORDINANCE CHANGING SPEED LIMITS AL City Administrator Kurt Ackermann explained that, in an effort to reduce the number of accidents at the intersection of Lir7kgleville Hwy. and River North Blvd., the city had requested help from the State Dept. of Highways and Public Transportation. They did some traffic and speed counts. Their recommendation was that, at this time, there is not sufficient traffic traveling that intersection to justify any kind of controlled intersection, but they did recommend that the city lower the existing speed limit from 50 m.p.h. to 45 m.p.h. Before the State can lower the speed limit on the highway, the Council must pass an ordinance allowing that change. Mayor Cummings read the ordinance as follows: riPIK__H 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, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVEST- GATION 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 VIOLATION OF THIS ORDINANCE. After discussion, Councilman Irwin moved, seconded by Councilman Riggins, that the City Council pass and adopt the ordinance reducing the speed zone from 50 m.p.h. to 45 mf'p.h. along Lingleville Highway from River North Blvd. to Davis Ave. The motion carried unanimously. ITEM IV: COMMITTEE REPORT ON MHMR FACILITY AT 1100 N. MCCART ST. Councilman Riggins, chairman of the appointed committee, reported that the committee had met -with the City Attorney and had prepared a statement. He asked the City Secretary to read the statement as follows: Mayor and City Council City of Stephenville The undersigned were appointed as a committee to study inquiry of Zoning and Planning Commission as to use of rooms in McIntosh Manor by persons receiving treatment from Pecan Valley Mental Health and Mental Retardation. McIntosh Manor is located in "R-2", Duplex and Apartment District. Use regulations of this district are set out under Subsection A of Section 6 of the City Zoning Ordinance. It appears that what is in question is whether the use of this facility is within the specified uses of "R-2" or whether it violates the uses set out. The procedure for the decision of this question is for MH&MR to apply for an administrative interpretation of the meaning and intent of this section of the Zoning Ordinance as applied to the use by MH&MR. If the administrative ruling is adverse to MH&MR, then Section 401 (1) of the Zoning Ordinance provides for an appeal to the Board of Adjustment of the City for an interpretation of the applicability of the ordinance to the existing facts. The procedure then to be followed consists of a public hearing after notice as prescribed by the Zoning Ordinance. Any appeal from the action of the Board of Adjustment would, under R.C.S. Art. 1011g be to the district court. The City Council has no jurisdicition in this matter. Respectfully submitted, s/Chas. Riggins s/W. G. Brede s/W. M. Irwin Councilman Riggins commented that, in his opinion, the Council did not need to take any action on this matter. Mayor Cummings commented that, from the above statement, the line of appeal is fairly clear. Mrs. Betty Heath read a prepared statement addressing the MHMR situation. 118A m SPEED ZONE ORDINANCE 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, 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 VIOLATION OF THIS ORDINANCE. WHEREAS, Section 167 and 169 Article XIX, R.C.S. 6701d, Uniform Act Regulating Traffic on Highways, provides that whenever the governing body of the City shall determine upon the basis of an engineering and traffic investigation that any prima facie speed there- in set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a street or highway, with the City taking into considera- tion the width and condition of the pavement and other circumstances thereon, said govern body may determine and declare a reasonable and safe prima facie speed limit thereat or thereon by the passage of an ordinance, which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street or highway, now therefore, BE IT ORDAINED by the City Council of the City of Stephenville, Texas: Section 1: Upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of Section 167 and 169 of Article XIX, R.C.S. 6701d, Uniform Act Regulating Traffic on Highways, the following prima facie speed limits hereafter indicated for vehicles are hereby determined and declared to be reasonable and safe; and such speed limits are hereby fixed at the rate of speed indicated for vehicles and traveling upon the named streets and high- ways, or parts thereof, described as follows: A. From Station 442+10 to Station 471+10 at 45 miles per hour. Section 2. Any person violating any of the provisions of this ord- inance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not more than two hundred ($200) dollars. PASSED AND APPROVED THIS 5th DAY OF MAY, 1981. ATTEST: APPROVED: 0'e "Z !� tj ecretary J Cummings, Mayor ►i 119 Dr. Theresa Mulloy, Executive Director of Pecan Valley MHMR, advised the Council that, in this program, it is not considered a "health" facility. It is considered a residential facility. It is not a hospital, as such. All treatment is still administered at the facility on the Lingleville Hwy. There is an educational program, but not a medical program. Dr. Mulloy advised that MHMR used LVNs on their staff because they had set that as a level of education, not because it was required by the State or anyone else. She said that, in her opinion, the city's Zoning Ordinance should be revised/amended to prevent discrimination against the rights of handi- capped. Councilman Riggins advised Dr. Mulloy that the committee had discovered that, according to ordinance, this is not a Council decision. MHMR should apply for an administrative interpretation. If they say yes, there is no, problem. If they say no, you appeal to the Board of Adjustment. If the Board of Adjustment says yes, there is no problem. If they say no, then your appeal will be to the District Court. Dr. Mulloy advised Councilman Riggins that she had no problem with that. She said she would very much like to work with some type of task force to amend the Zoning Ordinance so it would not discriminate against any handicapped person. Mrs. Nita Perryman, manager of McIntosh Manor, 1100 N. McCart St., came before the Council with a prepared statement (copy on file) regarding her "right of free enterprise" in the housing of the clients of MHMR. Also in her statement she discussed the safety requirements of the Building and Fire Codes"'forced on her by the Building Inspector and the Fire Marshall, none of which had been given to her in writing. When she met one require- ment, they told her of another some of which were contradictory. She said she would like for this to be settled once and for all. Mayor Cummings advised that according to the results of the committee's work, in conference with the City Attorney, the proper steps would be for MHMR to make a request to the City Administrator for an administrative decision, then follow through the steps as outlined in the committee's report. Mayor Cummings instructed Fire Marshall Kenneth Haley to inspect McIntosh Manor and put in writing any violations of the codes, fire code, safety code or whatever, make a copy and give to Mrs. Perryman. Fire Marshall Haley advised the Mayor and Council that, since the fire at McIntosh Manor, they have done all they could to bring the electrical installations up to the electrical code. He said he believed they will have accomplished this within the next 2 or 3 days. Mayor Cummings said all he was interested in was that McIntosh Manor meet the codes and for Mr. Haley to tell Mrs. Perryman in writing what it takes to meet the codes and when that is done, that's it. ITEM V: ELECT MAYOR PRO TEM Councilman Riggins moved to nominate W. M. Irwin as Mayor Pro Tem, seconded by Councilman Hammett. Councilman Ferguson moved that nominations cease. The motion carried unanimously and Councilman W. M. Irwin was elected Mayor Pro Tem. ITEM VI: PERRY ELLIOTT APPOINTED TO BOARD OF ADJUSTMENT Mayor Cummings advised that, due to Cecil Ballow's resignation from the Board of Adjustment, a replacement was needed. He said he had talked with Perry.Elliott who had agreed to serve in this capacity. Mayor Cummings appointed Perry Elliott as a member of the Board of Adjustment replacing Cecil Ballow. VII: PUBLIC HEARING TO CONSIDER REZONING OF LOTS 12.13.14.15.16 Mayor Cummings opened the floor for a Public Hearing to discuss the rezoning of Lots 12, 13, 14, 15, 16 and 17, Block 147, City Addition, from R-1 to B-2, as recommended by the Planning and Zoning Commission. 120 No one addressed the Council either for or against said rezoning of the above property. Mayor Cummings then closed the Public Hearing. Councilman Riggins moved, seconded by Councilman Irwin, that the City Council accept the recommendations of the Planning & Zoning Com- mission and that the aforementioned lots be rezoned from R-1 to B-2. Motion carried unanimously. ITEM VIII: SECOND READING OF LONE STAR GAS FRANCHISE AMENDMENT Mayor Cummings read, for the second time, the heading of the Lone Star Gas Franchise Amendment regarding the definition of "Service Lines and "Yard Lines". Councilman Swindle moved, seconded by Councilman Ferguson, that the second reading of the Lone Star Gas Franchise Amendment be approved as read. Motion carried unanimously. ,- ITEM IX: COMMITTEE REPORT ON COMPLIMENTARY WATER SERVICE. Mayor Cummings advised that this item would be tabled as the committee was not ready to make a recommendation at this time. ITEM X: RESOLUTION DESIGNATING JUNE AS PARKS & RECREATION MONTH. Mayor Cummings read the following Resolution designating June as Parks & Recreation month in the City of Stephenville. RESOLUTION A RESOLUTION DESIGNATING JUNE AS PARK AND RECREATION MONTH IN STEPHENVILLE, TEXAS. WHEREAS, the City Council of the City of Stephenville, Texas, does recogpize the execution of a proclamation from Governor Clements designating June as Parks and Recreation Month in the State of Texas, and WHEREAS, the City of Stephenville is -involved in the business of Parks and Recreation, and WHEREAS, it is the opinion of the City Council that the best interest of the citizens of the City of Stephenville will be served by participation in said proclamation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS, THAT The City of Stephenville does hereby designate June as Parks and Recreation Month. PASSED AND APPROVED this the 5th day of May, 1981. s/Joe F. Cummings, Mayor Attest: s/Joyce Pemberton, City Secretary. Councilman Irwin moved, seconded by Councilman Brede, that the City Council pass and approve the above resolution as read. Motion carried unanimously. EXECUTIVE SESSION - Consideration of Wayne Barham Tax Suit Mayor Cummings advised the Council would convene in Executive Session to discuss pending litigation as provided in Article 6252-17, Vernon's Texas Civil Statutes, Section 2 (e). 121 The Mayor and Council reconvened in Open Session at 8:25 pm. Councilman Swindle moved, seconded by Councilman Irwin, that the City Council delegate the authority to the Mayor and City Attorney to negotiate with Wayne Barham and/or his delegated representative the value of the specified property as was discussed in the executive session. Motion carried unanimously. There being no other business to come before the Council, the meeting adjourned at 8:30 pm. av Jo gs, Mayor ^ ATTEST: ;'el2eg --� ty ecretary