11/17/2008-CC-Minutes-Regular
MINUTES: CITY COUNCIL MEETING
NOVEMBER 17, 2008
MEMBERS
PRESENT: Mayor Joe Higgs, Councilman Andy Garza, Councilman Robert Patton,
Councilman Mike Walker, Councilman Thomas Muir.
MEMBERS
ABSENT: Councilman Glenn Ervin
OTHERS
PRESENT: City Manager Mike Brice, City Secretary/Asst. City Manager Rose Chavez,
Director of Development Services Joseph Iliff, Bob Koger, C.J. Smith,
Bill Wright, and Shannon Graves-Sanger Courier
1. Call Meeting to Order, Invocation, Pledge of Allegiance.
Mayor called meeting to order, Councilman Muir led the invocation, followed by
Councilman Garza leading the Pledge of Allegiance.
2. Citizens Input:
Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any
issues that are brought up during this section.
None
CONSENT AGENDA
3. a) Approve Minutes: November 3, 2008 - City Council
b) Disbursements
c) Approve Interlocal Cooperation Agreements for Fire and Ambulance
Services Between the Sanger Volunteer Fire Department and Denton County
d) Approve Resolution #R11-16-08 Adopting the 2008 Parks and Recreation
Master Plan
Councilman Garza had a question concerning the TML conference and inquired
where it was held.
City Manager advised it was held in San Antonio. The expenses to the TML
conference were clarified, which included hotel accommodations, meals, and
mileage reimbursement.
City Manager advised that the staff is in the process of applying for a grant through
the Texas Department of Parks and Wildlife. In order to meet the criteria for
funding sometime in the Spring, this master plan has to be in place by January 1,
2009.
Motion was made by Councilman Patton to approve the consent agenda. Seconded
by Councilman Walker . Motion carried unanimously.
4. Consider any Items Removed from Consent Agenda.
None
5. Consider and Possible Action on Ordinance #11-35-08 - Amending the Code of
Ordinances, Repealing Section 11.205, Setting Homestead Exemptions for Persons
Over 65 Years of Age and for Disabled Persons.
City Manager advised that when the Council adopted these exemptions it was done
by Council action, and as advised by the City Attorney this is to be done by City
ordinance.
Councilman Walker asked if the numbers had changed.
City Manager advised that they did not.
Councilman Garza asked if the exemptions could be stated for the record.
City Secretary indicated that the “Over 65 Exemption” is $30,000 and the “Disable
Exemption” is $20,000.
Motion made by Councilman Walker to adopt Ordinance #11-35-08-Amending the
Code of Ordinances, Repealing Section 11.205, Setting Homestead Exemptions for
Persons Over 65 Years of Age and Disabled Persons. Seconded by Councilman
Garza. Motion carried unanimously.
Caption As Follows:
ORDINANCE # 11-35-08
AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS,
AMENDING THE CODE OF ORDINANCES, CITY OF SANGER, AS
HERETOFORE AMENDED, BY REPEALING SECTION 11.205; SETTING
HOMESTEAD EXEMPTIONS FOR PERSONS OVER 65 YEARS OF AGE AND
FOR DISABLED PERSONS; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
6. Conduct Public Hearing on Ordinance #11-36-08 - Zoning Change From SF-7
Single Family Residential District - 7 to PD (SF-7) Planned Development Single
Family Residential District on 101 Lots in the Sable Creek Addition, Phase II
Owned by Sable Creek Partners, Ltd.
Mayor declared public hearing open.
There was not anyone who spoke for or against.
Mayor declared public hearing closed.
7. Consider and Possible Action on Ordinance #11-36-08 - Zoning Change From SF-7
Single Family Residential District - 7 to PD (SF-7) Planned Development Single
Family Residential District on 101 Lots in the Sable Creek Addition, Phase II
Owned by Sable Creek Partners, Ltd.
City Manager advised that there was one change in the zoning change which was the
number of lots from 101 to 100.
Joe Smith representing Sable Creek Partners, LTD., addressed the Council
concerning his request. He advised the change would permit the construction of
larger, single-story homes than what is permitted under the current zoning
regulations. In the past they have submitted variance requests before the Board of
Adjustments. Mr. Iliff, Director of Development Services, advised him that in
order for the Board of Adjustment to grant a variance it had to be a hardship and
building a larger home was not a hardship.
The current zoning under SF-7 requires a minimum rear set back of 25 feet and a
minimum side yard of 20 feet. In the Planned Development District it allows for a
20 feet rear yard setback and a 17 feet side yard adjacent to a side street to
accommodate a larger home.
Mr. Smith continued to discuss that as President of the HOA he has to approve all
the house plans for the subdivision. He emphasized that he does not know what the
housing market will do for next year but expects it to be a lot better.
Discussion followed concerning the set back requirements.
Councilman Garza indicated that this has been brought up before and Council
knows how he feels concerning these type of changes. He emphasized that we
certainly need homebuilders and more homes to be built. His concern with this
request is that we keep changing the requirements. He asked if it would not be
easier to change the requirements in SF-7.
Mr. Smith indicated the main purpose is to set the minimum square footage for the
house and establishing the setbacks. He continued to explain the purpose for his
request. He discussed the refinancing and the debt on this development. He
explained that the collateral on this debt is Phase II. He also wanted the park land
released from the bank for future park improvements.
Councilman Patton indicated he understood Councilman Garza’s concern, and
possibly the Council needs to review the code of ordinances in the future. He does
not have a problem with putting larger homes on those lots. This is similar to what
Council did for Ranger Creek. The benefit for the City is the tax base this would
generate.
Councilman Garza indicated he does not have a problem with the larger homes; his
concern is minimizing the lot setbacks to accommodate a larger house in a
subdivision that already had the required zoning at the time of platting.
Councilman Muir made the motion to approve Ordinance #11-36-08 zoning change
from SF-7 Single Family Residential District-7 to PD (SF-7) Planned Development
Single Family Residential District on the corrected 100 lots in the Sable Creek
Addition, Phase II. Seconded by Councilman Patton. Motion carried 3 Ayes and 1
Nay vote by Councilman Garza.
Councilman Garza explained that the only reason he opposed is that he feels we are
compromising the zoning requirements.
Mayor Higgs and the City Manager asked for clarification of the vote.
Councilman Walker indicated he hesitated in voting yes, and the only reason he
voted for the request, is because staff had already approved this, and if it was up to
him, he would have voted no. He explained that he agrees with Councilman Garza.
If we have the zoning requirements, then we must abide by them. He is trusting
staff’s recommendation in making the right decision.
Councilman Muir indicated that bigger developments are done in Planned
Development District, and the zoning requirement is a guide that is used to dictate
the area requirements for that type district. In a planned development it allows
flexibility to fit larger developments. It makes more sense to allow Planned
Development Districts than just platting lots and meeting zoning requirements.
This is the reason he voted for this request. We have to rely on staff to oversee those
Planned Developments Districts.
City Manager advised that the Planning and Zoning Commission passed this
request unanimously.
8. Information Items:
a) City of Sanger Investment Report
b) Monthly Library Report
c) Letter from the Regional Transportation Council
9. Adjournment.
Mayor Higgs adjourned the meeting.