08/05/2002-CC-Minutes-RegularMINUTES: City Council
August 5, 2002
PRESENT: Mayor Tommy Kincaid, Councilman Glenn Ervin, Councilman Joe Higgs,
Councilman Jimmy Evans, Councilman Mike James, Councilman Andy Garza
OTHERS
PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez,
Assistant City Secretary/Administrative Assistant Samantha Renz, City
Engineer Mark Owens, Streets/Parks Superintendent John Henderson,
Water/Wastewater Superintendent Eddie Branham, Police Chief Curtis Amyx,
Electric Superintendent Mike Prater, Ralph Cain, Jan Looper, Johnny Looper,
Terri Voss, John Voss, Earl Schafer, Virginia Schafer, Shelley Ruland, Polly
Dwyer
1. Mayor called meeting to order,
CONSENT AGENDA
2. a) Approve Minutes: July 15, 2002
b) Disbursements
Councilman Evans moved to approve, Councilman Ervin seconded. Motion Carried
unanimously.
3. Citizen's Input.
None.
4. EXECUTIVE SESSION: In Accordance with Texas Government Code, Subchapter D,
Section 551.071(LEGAL), to Consult with City Attorney.
Mayor convened into Executive Session at '7:30 P.M.
5. RECONVENE into Regular Session and Consider Action, if Any, on Items Discussed
in Executive Session.
Mayor Reconvened into Regular Session at 7:50 P.M.
Councilman James moved to authorize the compromised settlement in release of all
claims and authorize the mayor to sign on behalf of the city. Councilman Evans
seconded. Motion carried unanimously.
6. Consider and Possible Action on Proposal from DTN Speednet to Place an Antenna on
one of the City Towers in Exchange for Internet Service.
Discussed and Item Tabled.
7. Conduct Public Hearing to Consider a Zoning Request Change from B2 (Business) to
I4 (Industrial) on Property Legally described as Abstract 1241, Tract 227, Being
10.1024 Acres. The Property is located on Keaton Rd. & I-35.
Public Hearing opened.
Earl Schafer, owner of the property, indicated he would like to build nice looking mini
storage buildings at the back of the property.
He indicated he planned to surround it with a nice fence and gate with a combination
or card lock.
Councilman James asked Mr. Schafer if he owned the land all the way up to the service
road.
Councilman Higgs asked what Planning and Zoning had recommended.
Staff indicated they approved it 4 to 2.
Councilman James asked if there were long range plans to develop the front of the
property.
Mr. Schafer indicated he did not intend to develop it right now.
Councilman Higgs asked what type of fence he would put up.
Mr. Schafer indicated he understood regulations required a six foot wooden fence or
better. He wasn't sure if the residents would prefer to look at a wood fence or the nice
buildings.
Public Hearing closed.
8. Consider and Possible Action Regarding a Zoning Request Change from B2 (Business)
to I-1 (Industrial) on Property Legally described as Abstract 12419 Tract 227, Being
10.1024 Acres. The Property is located on Keaton Rd. & I -35.
Councilman James indicated he felt this was spot zoning. He felt mini storage
buildings were needed, but if it is changed to Industrial they could do what they wanted
with the property.
Discussion regarding the property and the zoning.
Councilman Higgs indicated he did not want to lower property values by changing the
surrounding property to Industrial.
Councilman Higgs indicated there were two residents that disapproved of the zoning
change. He felt they should take care of the people that are there.
Councilman Evans moved to approve it, Councilman Ervin seconded. Motion carried
3 to 2. Councilman Higgs and James voted no.
9. Consider and Possible Action on Ordinance #0&21-02 - Annexing the Front portion
of Rising Star Lane (Street), Being 0.646 acres situated in the Henry Tierwester
Survey.
Councilman Evans moved to approve Ordinance #8-21-02.
Councilman Ervin asked about street lighting, streets, drainage and garbage.
Councilman James seconded. Motion carried unanimously.
Mayor excused himself from the meeting, Mayor Pro-tem Garza took over.
10. Consider and Possible Action on Requiring Form Board Surveys on New Construction.
City Engineer, Mark Owens, indicated this was a wise thing to do. It will keep the city
out of trouble. This will show existing easements as well as setbacks.
City Manager explained this was for the slab.
Mark explained this is taking the liability off of the city.
Councilman James indicated he felt this is something builders should be doing anyway.
} City Manager indicated some of them are.
I
Discussion.
Discussed that it will be new construction only.
Councilman Ervin indicated he would like to see something in writing before they voted
on it.
Councilman James asked if they could consider lowering the cost of the building permit
to offset the cost of this survey.
Discussion.
Councilman Garza asked if the city could require the builder to sign a liability
agreement.
Discussion.
Item tabled.
11. Consider and Possible Action on Exempting Travel Trailers and Recreational Vehicles
from Ad -Valorem Taxes.
City Secretary indicated that recently, legislation was passed, that allowed entities to
tax recreational vehicles. Staff is recommending not to tax them, because it is possible
they will go back and change the legislation, and the entities will have to repay the
money if they over turn it.
Councilman Evans moved to opt out, Councilman James seconded. Motion carried
unanimously.
12. Consider and Possible Action on Ditch at Rising Star Lane.
Councilman Ervin indicated he had requested that this be on the agenda. He indicated
with all the mosquito problems that this really needed to be cleaned up.
Councilman Ervin asked if it needed to be sent out for bids or what needed to be done.
John Henderson indicated he could ask Tipton and Bartel to Bid on it.
City Secretary indicated Tipton had bid $80,000 to clean the entire ditch, and he
wanted to do more than just the city's portion.
Mark Owens, City Engineer, indicated this was a designated FEMA flood plain. He
indicated FEMA needed to be involved in whatever is done to the ditch. Any
modifications need to be approved. He felt mowing and removing dead limbs would be
okay, but not moving dirt or cutting down trees.
Councilman Garza asked about getting a tractor and if they get it cleaned out, could
they keep it cleaned out.
John Henderson indicated he could get it cleaned, but he would not be able to do
anything until winter because of the snakes.
Discussion regarding the ditch and Duck Creek Road.
Councilman James asked if they could have John and Mark work together and contact
FEMA to find out what can be done.
Councilman Ervin asked if it will be started on this week.
City Manager indicated they would.
13. Consider and Possible Action on Holt Road Repairs.
Councilman Ervin indicated at the end of the school year, they were told this road
would be repaired. School is about to start and nothing has been done.
Councilman Evans indicated he felt that they should go ahead and lay some tar and
asphalt down to smooth it out.
Discussion regarding repair of the street.
Discussion regarding the easements.
Councilman Ervin moved to make the necessary repairs on Holt Rd. to get it back to the
way it was before the City tore it up and not fix anything else until easements are
granted. Councilman Evans seconded.
a
Brief Discussion.
Motion carried 3 to 2. Councilman Higgs and Garza voted no.
Councilman James indicated he would like John and Mark to get a cost on what Mark
had suggested.
Discussion continued regarding the road repairs and getting bids to reconstruct the
road.
14. Consider and Possible Action on Replacing Two Alternates on the Board of
Adjustments.
Councilman James moved to appoint Johnny Looper and Mary Ann Pyron to the
Board of Adjustments as Alternates. Councilman Higgs seconded. Motion carried
unanimously.
15. Consider and Possible Action on Resolution #08-10-02 -Setting Date, Time and Place
for Public Hearing on Proposed Annexation. (Albert Keith)
Councilman Evans moved to approve Resolution
Mayor Pro-Tem read the caption as follows:
A RESOLUTION SETTING THE DATE, TIME AND PLACE ON PROPOSED
ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF SANGERI AND
AUTHORIZING AND DIRECTING THE PUBLICATION OF NOTICE OF SUCH
PUBLIC HEARINGS
Councilman Evans seconded. Motion carried unanimously.
16. Consider and Possible Action on Ordinance #08-20-02 -Amending the Parking
Regulations in the Zoning Ordinance.
City Manager indicated the City Attorney indicated the Board of Adjustments could
not give variances on enclosing garages. The City Attorney did not understand why we
required enclosed parking, he indicated we should definitely require off street parking.
Councilman Ervin moved to approve ordinance #08-20.02, Councilman James
seconded.
City Secretary asked if this will apply to new homes as well.
City Manager indicated it would.
City Secretary indicated she lived in a subdivision where cars were parked in the street
and she felt the garage requirement should be left as is.
City Secretary indicated the Board of Adjustments wanted it left as is.
Motion failed unanimously.
17a Adjourn.
Mayor ToOifiy Kincaid