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01/05/2004-CC-Minutes-RegularMINUTES: C11Y COIINCIL JANUARY 5, 2004 PRESENT: Mayor Tommy Kincaid, Councilman Andy Garza, Councilman Mike James, Councilman Jimmy Evans, Councilman Joe Higgs, Councilman Glenn Ervin OTHERS PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez, Administrative Assistant/Assistant City Secretary Samantha Renz, Electric Superintendent Mike Prater, Streets/Parks Superintendent John Henderson, Water/Wastewater Superintendent Eddie Branham, Police Chief Curtis Amyx, City Engineer Mark Owens, Shelley Ruland, Polly Dwyer, Kim Hall, Charles Freeman, Dorothy Nubine, Rhonda Eakman, Erroll Perdue, Kathy Perdue, Margaret Ware, Ruby Davis, Peggy Haskins, Bonnie Logan, Reginald Logan, Chanse Slater, Rachel Green, Arlene Thomas, Taisey Jones, Sam Jones Sr., Donald Jones, Mae Jones, Georgia Royal, Shannon Haskins, Franklin Haskins, Ashley Haskins, Faye Roberson, Stephanie Roberson, J.P. Haskins, Bea Chambers, Angela McDade, Gail Goodner, Lurline Freeman 1. Mayor Called Meeting to Order, Pastor Reginald Logan led the Invocation, and Councilman Evans led the Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes: December 15, 2003 b) Disbursements Councilman Ervin moved to approve the Consent Agenda. Councilman James seconded. Motion carried unanimously. 3. Citizen's Input+ None. 4. Conduct Public Hearing Regarding a Zoning Change from Old Single Family 3 (SF3) to Industrial 1( I-1) on Property Legally Described as Abstract 1241, Tract 325. Property is Located on Railroad Avenue. Rhonda Eakman, 600 Houston St., indicated they need a place to store a couple of pickups each night, and a place for them to operate out of. They will put brick, landscape, sod and anything they would require. They will not be retail. Very seldom will there be any more than 3 trucks come to the property. They will be pulling at trailer so she did not feel speed would be an issue. Faye Roberson, spoke in opposition, she felt that Sanger has storage facilities, and in the best interest of the neighborhood, she felt it would be best to leave the area residential Gail Goodner, 103 N. 6th Street, indicated she was against any building, once the property is zoned, it will open the door for that property to be used as industrial. It is residential and she would like for it to stay residential. Dorothy Nubine, 301 Willow St., indicated she would like for it to stay residential. There is already a mess down there and they don't want to see more. Beatrice Chambers, 320 railroad Avenue, prefer it stay residential. When she built her home it was residential. Peggy Haskins, 305 E. Willow, spoke in opposition of the request, would like their neighborhood to grow as a residential area. They would like homes next to them, not businesses. Reginald Logan, pastor of Galilee Baptist, indicated it is currently residential, they would like to see it stay residential. Homes mean possible increased membership for his church. Industrial property would be an obstacle for him. Charles Freeman, 7204 Coach lice, Dallas, TX., owner of the property, asked for the Council to consider the zoning change. His property was previously zoned as light industrial and was changed without his knowledge. His property has been up for sale for a year and a half. All interested for residential purpose were no longer interested when they saw it was so close to the railroad. There are four vacant lots, where homes used to be, the property directly across the street is being used for the same purpose - storage. The homes that have been demolished have not been rebuilt. He felt the lot should be used for some purpose, and this would generate revenue Donald Jones, Railroad Ave., spoke in opposition of the request. Margaret Ware, 511 N 2°d, indicted she felt it should stay residential because if the land is sold, then anything could be put there. Angela McDade, 216 Railroad Ave, spoke in opposition of the change, indicated they cannot get home improvement loans if the property is zoned industrial. The tax revenues of homes will bring revenue to the City. Public Hearing closed. 5. Consider and Possible Action on a Zoning Change from Old Single Family 3 (SF3) to Industrial l(I-1) on Property Legally Described as Abstract 1241, Tract 325. Property is Located on Railroad Avenue. City Manager indicated the Planning and Zoning Commission denied the zoning change with a 5 to 1 vote. Councilman Evans moved to deny the request. Councilman Ervin second. Motion carried unanimously. 6. Consider and Possible Action on a Preliminary and a Final Plat for Slater Addition. Property is Located within the City of Sanger's E.T.J. City Manager indicated the Planning and Zoning Commission unanimously approved the plat. Councilman James moved to approve the Preliminary and Final Plat for Slater Addition. Councilman Evans seconded. Motion carried unanimously. 7. Consider and Possible Action on Solid Waste Collection Rate Increase from I.E.S.I. and Ordinance #01-01-04 - Amending the Code of Ordinances to Include the Increase. Discussed this was a consumer price increase. Councihuan Evans moved to accept the increase, and to adopt Ordinance #01-01-04. Councilman James seconded. Motion carried unanimously. 8. Consider and Possible Action on Ordinance #O1-02-04 -Annexing the Following Properties: METZ ESTATES, BLOCK 1, LOTS 1-6, AS RECORDED IN THE DEED RECORDS OF DENTON COUNTY, TEXAS; AND ABSTRACT 1241, TRACT 65A (1), BEING 1.4132 ACRES IN DENTON COUNTY TEXAS; AND ABSTRACT 1241, TRACT 57, BEING 0.057 ACRES IN DENTON COUNTY TEXAS; AND ABSTRACT 1241, TRACT 8, BEING 242.275 ACRES IN DENTON COUNTY TEXAS; AND ABSTRACT 1241, TRACT 330, BEING 390.387 ACRES IN DENTON COUNTY TEXAS. Councilman Higgs ffioved to .adopt .Ordinance # 01-02-04. Councilman Evans seconded. Motion carried unanimously. 9. Consider and Possible Action on Interlocal Agreement for Fire Protection Services and/or Ambulance Services Between the City of Sanger and Denton County, Councilman James moved to approve the Interlocal Agreement for Fire Protection. Councilman Ervin seconded. Motion carried unanimously. 10. Consider and Possible Action on Ordinance #01-03-04 -Amending the Metal Building Ordinance. Councilman 1"mes indicated they have come a long way from metal buildings. The Council chose to modify the ordinance to makebusiness putbrick across the front. Now if its on the side, the front and side have to be bricked, he would like to see it be bricked on all 4 sides. Councilman Evans indicated if they did that, it would not be a metal building. Councilman James indicated he called Curves, and asked them that if ordinance was more rigid would they have still come to Sanger, he said yes he would. Mr. James indicated that he felt the City Council owes it to the community to make -Sanger a nice place. When someone drives down the highway, he would like them to see nice buildings. He did not feel an investor or business owner would be driven away because they -have to brick -the -building. Discussion. COIIIicilnrair Janres indicated they need to decide'tvhat they want the town to look like, and indicated that he would like the ordinance to be applicable to I-1 and 12 if the building faces the Interstate. WA systems building looks really nice. Councilman Higgs suggested they have some input on it and bring it back for consideration at a later date. Councilman James asked the Planning and Zoning members if they had any input. Shelley Ruland indicated that she had a problem requiring industrial buildings to have brick on the front. She felt it would be difficult to make large industrial buildings have an exterior masonry facade, and if you don't make them you can't make the small buildings do it. Polly Dwyer indicated the highway needed to be aesthetically pleasing, if she did not know Sanger, she would not stop in Sanger. The growth will come, and they will brick their buildings. She felt they should definitely go with at least 3 sides. The businesses will come in and do as little as possible. Councilman Evans, indicated he did not feel that there should be any houses along the highway, he felt they should be planning long term for the rest of the land along the highway, and felt that was more important than changing this ordinance at this time. Councilman Higgs indicated he felt they should table it. Mayor tabled for next meeting and a workshop. 11. Consider and Possible Action on Ordinance 41O1-04-04 -Regarding Sign Variance Procedures. City Manager indicated that the City Attorney recommended they put sign variances before the Board of Adjustments and not to the City Council. Discussion. Mayor indicated he did not like to give more authority to the Board of Adjustments than they had to. Councilman Evans indicated he would like to see it put on the agenda to find out how the error happened at Ranger Creek. Councilman James asked if this was just to change the variances to go before the Board of Adjustments. City Secretary indicated it was and that she had advised them at the last meeting this would come before them. Councilman Ervin moved to deny Ordinance #O1-04-04. Councilman Garza seconded. Motion carried 4 to 1. Councilman James voted no, 12. Consider and Possible Action on Appointment to the Planning and Zoning Commission and the Parks Board, City Manager had indicated Paul Edelman had also expressed interest in serving. Councilman ,lames moved to appoint Georgia Royal, Shannon Willoughby and Nathan Ervin. Motion died for lack of second. Councilman Ervin indicated that he felt they need some younger people on the boards. Councilman Garza moved to appoint Georgia Royal, Nathan Ervin and Paul Edeeman to the Parks Board and Katharine Wordell to the Planning and Zoning Commission. Motion carried. Councilman Ervin abstained. 13. Consider and Possible Action on Progress of Street Construction Project. City Engineer indicated when they started it wasn't the intention to put in curb and gutter. The water flows from the south west to the north east, by the time they got to Oak and Willow they were going to have to put in very significant drainage culverts to handle the water. When they get closer to completion, they will come back and look at putting in a drainage system along Willow and get rid of the ditches. Mayor asked when it will be finished. City Engineer indicated the cost is a lot less to do a section all at once, instead of one street at a time. The rain and weather conditions have been a factor. irect they should have done some things differently. They will not start the next phase until everything else is complete. City Manager indicated the cost to clean ditches, etc. was so great they chose to go with curb and gutter. Mark explained all of the obstacles they have faced with some of the outside companies. Councilman Ervin felt they should asphalt all of the streets, do what they need to do, and then come back in and do the final two inches. Councilman Evans indicated he has had many complaints about doing curb and gutter on the West side and not on the East side. Councilman Evans asked what the plan was for Diane Street. Mark Owens indicated they could pulverize the street and relay it. Councilman Evans indicated there were a lot of other streets that need to be fixed before this one. Mark Owens indicated they would overlay it. Councilman Evans asked if they were going to repair the East end of Church street. City Engineer indicated they were not. Councilman Evans indicated that he felt the City Engineer should tell them, Councilman Ervin asked if they were going to put in sidewalks. City manager indicated many people have very small front yards, and if you put in 4 foot sidewalks you will take a good portion of the yards and a lot of trees. Councilman Ervin indicated he just wanted it clarified as to whether or not they would be putting in sidewalks. City Manager indicated they will try to put sidewalks in some areas of town. Councilman James indicated the biggest amount of calls he had received is because of the curbs on the West side and not on the East. He has explained that the drainage is an issue. Discussion. Councilman Evans indicated he felt they should fix the end of Church street. Discussion. Dorothy Nubine indicated the creek between Railroad Avenue and Sims gets water standing in it during a rain. Mayor indicated staff is researching who owns the street at the end of Church. Councilman Ervin asked what the deadline was on the streets. City Engineer indicated the pavers will be coming in on Wednesday, they are hoping to have it completed in a month. 14. Consider and Possible Action on Resolution #01-01-04 - Authorizing, and Setting Date, Time and Place for Public Hearing on Systemwide Land Use Assumptions and Capital Improvement Plan for the Designated Water/Wastewater Service Areas Under Which and Impact Fee May be Imposed. Councilman Evans moved to approve Resolution #01-01-04. Councilman it seconded, Motion carried unanimously. 15. Meeting Adjourned. ATTE T: 10 t a or T m Kincaid y y