04/19/2004-CC-Minutes-RegularMINUTES: CITY COUNCIL
APRIL 19, 2004
PRESENT: Mayor Tommy Kincaid, Councilman Jimmy Evans, Councilman Joe Higgs,
Councilman Andy Garza, Councilman Mike James 3
ABSENT: Councilman Glenn Ervin
OTHERS
PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez,
Assistant City Secretary/Administrative Assistant Samantha Renz, Fire Chief
David Pennington, Police Chief Curtis Amyx, Code Enforcement Officer Danny
Cockrell, Water/Wastewater Superintendent Eddie Branham, Larry Masten,
Sue Masten, Woodrow Barton, Shelley Ruland, Frank Rodgers, Thomas Tipton,
Andra Tipton, Ken Perry, Richard Beggs, Curt Fowler, Liz Springer, John
Springer, Earl Schafer, Jerald Yensan, Matt Sonmezler, Jerry Jenkins, Bobby
Perez, Jim Myrick, Marvin Knight, Mike Dobrovolsky
1. Mayor called meeting to order and led the Invocation, followed by the Pledge of
Allegiance.
CONSENT AGENDA
2. a) Approve Minutes: April 5, 2004
b) Disbursements
Evans and Garza
3. Citizen's Input.
Sue Masten, 208 5"' Street, expressed concerns regarding the drainage ditch in front
of her house.
City Manager indicated the plan is to install a 15" pipe and cover it with dirt.
Woodrow Barton indicated the city should consider draining all the way from Wood
Street to Cherry Street then it East down the drainage ditch.
4. Consider and Possible Action on Habitat for Humanity Request for Waiver of Fees and
Exterior Facade Requirements.
Councilman Evans indicated he felt they should approve the waiver of fees, but require
masonry and 1200 square feet.
Councilman Garza indicated he felt they should waive the fees, he did not have a
problem waiving the brick requirements.
Councilman James indicated he had a problem with vinyl siding.
Curt Fowler indicated the vinyl siding is to keep costs down. Lewisville also has a brick
ordinance, they allow them to use Hardy Plank, they would take that option too.
Mayor indicated we have an ordinance against hardy plank and vinyl. He expressed
concerns regarding a possible precedence.
Councilman Evans moved to allow them to go with an 1150 square foot minimum, to
waive all of the requested fees, give them the taps, and that they comply with the
ordinance on the brick requirements. Councilman Higgs seconded. Motion carried 3
to 1. Councilman James voted no.
5. Consider and Possible Action on Update from Matt Sonmezler on the Sidewalk Plan.
Matt Sonmezler, gave Council an update on the sidewalk plan. He felt this plan should
be done. He and his wife were supposed to be involved in this project unofficially. It
should have stayed that way. Now it has become official city business. Until this time
hls wlfc's name has never been on the frnn�t page 0 t1w raper, They have been s»hiPct
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to ridicule and teasing. They are for improvement but felt at this time other qualified
individuals should step up and take over the project. He gave Council a disk and the
plans that Barbara had designed.
Mayor thanked him and apologized for the issues.
6. Conduct Public Hearing to Consider a Re -Plat on Property Legally Described as Lots
4,5 and 6, Block 41, Original Town. Property is Located at the corner of lit and Locust
Streets.
Public Hearing opened.
City Manager indicated this is zoned duplex. Mr. Tipton has been working on this
project and he is here to answer questions.
Mr. Tipton showed the plans to the Council. They are 2110 square feet per building,
and they plan to build three of them.
Public Hearing closed.
�. Consider and Possible Action to Consider a Re -Plat on Property Legally Described as
Lots 455 and 6, Block 41, Original Town. Property is Located at the corner of 19t and
Locust Streets,
Councilman James asked if each unit would have a separate sewer tap.
Mr. Tipton indicated they would.
Eddie Branham indicated there were no problems with the sewer.
Councilman Higgs moved to accept the Replat on Property Legally Described as Lots
4,5 and 6, Block 41, Original Town. Councilman James seconded. Motion carried
unanimously.
8. Conduct Public Hearing to Consider a Zoning Request Change from Bl (Business -1)
to B2 (Business-21) on Property Legally described as Abstract 1241, Tract 238 (Knight
Addition, Lot 1, Block A). Property is located on the Corner of Freese Drive and
Business 35 (Spur 138).
Public Hearing opened.
1�1one.
Public Hearing closed.
9. Consider and Possible Action to Consider a Zoning Request Change from Bl (Business
-1) to B2 (Business-21) on Property Legally described as Abstract 1241, Tract 238
(Knight Addition, Lot 1, Block A). Property is located on the Corner of Freese Drive
and Business 35 (Spur 138).
Councilman Evans asked why they started work prior to having a permit and zoning
change.
Mr. Myrick indicated he asked about it.
Marvin Knight indicated he is under restriction from a bank. He indicated he has to
start construction to finish construction. He was under the impression that this was
going to the zoning board about a month ago. It did not go, he needed to start in order
to get it finished. If it craters tonight he will just fill it in. In order to proceed in this
town and in the community things have to be done on a schedule. They had it
engineered, he spent money on engineering and pipe lines. He followed everything the
city wanted him to do. They had a temporary permit to begin dirt work. The
bureaucracy can get in the way of advancement. He thought they had followed every
city ordinance.
Mayor indicated he understood that moving dirt does not require a permit.
Discussion.
Mr. Myrick indicated he can get the tanks and lines pulled out if that is needed.
Mr. Knight indicated they have tried to work with the city and if they've done
something wrong they will start over.
Councilman Evans moved to deny the request.
Motion died for lack of second.
Councilman Garza indicated he would like things in the future not to go this far.
Councilman Higgs moved to approve the zoning request change from B-1 to B-2,
Councilman James seconded. Motion carried 3 to 1. Councilman Evans voted no.
10. Consider and Possible Action on a Preliminary Plat and a Final Plat for the Knight
Addition. Located on the Corner of Freese Drive and Business 35 (Spur 138).
City Manager indicated the Planning and Zoning Commission approved this
unanimously.
City Secretary indicated the Planning and Zoning Commission stipulated field survey
checks be certified and submitted to the City.
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Councilman James asked if they have a permit from TXDOT.
Mr. Myrick indicated they did.
Discussed it will be an exit and not an entrance on 5Street.
Councilman James asked about signage.
It will be responsibility of the property owner.
Councilman James moved to accept the Preliminary Plat and a Final Plat for the
Knight Addition with the stipulation they follow Planning and Zoning's
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Councilman Garza seconded. Motion carried 3 to 1. Councilman Evans voted no.
11. Consider and Possible Action on the Final Plat for Serendipity Place, Phase 2. Located
Between Acker Street and Keaton Road on the South Side of F.M. 455.
City Manager indicated this is the remaining residential tots in that subdivision.
Discussion regarding engineering plans.
Councilman Higgs moved to accept the Final Plat for Serendipity Place, Phase 2.
Councilman Evans seconded.
Discussed width of street.
Councilman James asked how many lots are in phase 1.
Gerald Yensan, owner of landmark surveyors, indicated about 30.
Councilman James asked about sidewalks and parks.
Mr. Yensan indicated by law you do not show public improvements on the plat. They
did make correction requested by the Planning and Zoning Cammission to change
easement to electrical.
Motion carried unanimously.
12. Consider and Possible Action on the Final Plat for Heritage West, Phase 2 and 3.
Located South of F.M. 455, West of Chisholm Trail Elementary
Councilman Evans moved to approve the Final Plat for Heritage West, Phase 2 and 3.
Councilman Higgs seconded.
Councilman Higgs asked about the street width.
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Developer indicated it will be 31 feet.
Motion carried unanimously.
13. Consider and Possible Action on Ordinance #04-07-04 - Regarding Sprinkler System
and Fire Alarm Requirements for Newly Constructed Commercial Buildings,
Item Tabled.
14. Consider and Possible Action on Ordinance #04-08-04 - Regarding Sprinkler Systems
in Multi -Family Buildings.
Discussed that these changes may be in the 2003 Uniform Fire Code that has been
adopted.
Item Tabled for review of the 2003 Fire Code.
15. Consider and Possible Action on Ordinance #04-09-04 -Regarding Placement of Gas
Meters, Electric Meters, and Fences on Newly Constructed Single Family Dwellings,
David Pennington indicated they want both gas and electric meters within ten feet from
the front corner of the house. There is a dual purpose. First for meter reading, and the
meter readers not having to go in back yards. Also the Fire Department will be able
to go to one side of the house and turn off both the electric meter and the gas meter for
protection of the fire fighters inside the house. .
Councilman Evans moved to adopt Ordinance 04-09-04. Councilman James seconded.
Mayor read caption as follows:
ORDINANCE 04-09-04
THAT CHAPTER 3, OF THE CODE OF ORDINANCES OF THE CITY OF
BANGER, TEXAS, IS HEREBY AMENDED BY ADDING AN ARTICLE, TO BE
NUMBERED ARTICLE 3.2300 REGULATING PLACEMENT OF GAS AND
ELECTRIC METERS ON ALL NEW SINGLE FAMILY RESIDENTIAL
BUILDINGS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE.
Motion carried unanimously.
16. Consider and Possible Action on Ordinance #04-10-04 -Regarding Regulations for
Refuse Collection Containers.
City Secretary indicated when the recodi_fication was done, there was a section left out.
The attorney did not catch it and neither did staff. She visited with Mr. Dillard, there
have been several times citizens move into the city and they don't want to pay the
garbage rates. This is based on the attorney's recommendation.
Discussion.
Mayor read caption as follows:
ORDINANCE 04-10-04
THAT CHAPTER 69 OF THE CODE OF ORDINANCES OF THE CITY OF
SANGER, TEXAS, IS HEREBY AMENDED BY ADDING AN ARTICLE, TO BE
NUMBERED ARTICLE 6.500 REFUSE COLLECTION REGULATIONS;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Councilman Evans moved to adopt Ordinance #04-10-04. Councilman James seconded.
Motion carried unanimously.
17. Consider and Possible Action on Ordinance #04-04-04 -Amending Park and Open
Space Regulations.
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Motion carried unanimously.
Caption as follows:
ORDINANCE 04-04-04
THAT CHAPTER 10, SECTION 6, ARTICLE 6.18 (K), ��PARK; OPEN SPACE;
RECREATION AREAS & PUBLIC USE DEDICATION", IN THE CODE OF
ORDINANCES OF THE CITY OF SANGER, TEXAS, IS HEREBY AMENDED;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND
PROVIDING FOR AN EFFECTIVE DATE.
18. Consider and Possible Action on Budget Amendments.
City Secretary indicated this was from line item to line item. It will not affect the
bottom line of the budget. The request is to move $5000.00 from contractual services
to Street Equipment,
Councilman James asked what this will be used for.
John Henderson indicated to haul his skid steer.
Councilman James moved to approve the budget amendment. Councilman Evans
seconded. Motion carried unanimously.
19. Consider and Possible Action on Displaying the Old Fire Tanker Truck at the Dallas
Museum.
David Pennington indicated they have been approached by Paul Vineyard about taking
the 1975 tanker truck down to the Dallas Fire Museum. It will still remain the
property of the City of Sanger, and can be picked up at any time.
Councilman James asked if they would need it.
David Pennington indicated they have a new one that replaced this one.
Councilman Higgs moved to approve the request. Councilman Evans seconded.
Motion carried unanimously.
Councilman Evans indicated he has been on the Council for 3 years, and he wants a
question answered when he asks it.
O.,r Meeting Adjourned.
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