04/04/2005-CC-Minutes-RegularMINUTES: CITY COUNCIL
April 4, 2005
PRESENT: Mayor Tommy Kincaid, Councilman Andy Garza, Councilman Jimmy Evans,
Councilman Joe Higgs, Councilman Glenn Ervin
ABSENT: Councilman Mike Lawler
OTHERS
PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez,
Administrative Secretary Geraline Davis, Streets/Parks Superintendent John
Henderson, Water/Sewer Superintendent Eddie Branham, Electrical Superintendent
Michael Prater, John Springer, Liz Springer, Woodrow Barton, Mike James, Mark
Hill, Jan Looper, Johnny Looper, Larry Jones, Kathy Floyd, Bill Fuller, Chris
Bengston, Robert Patton, Willa Venus Hamilton, Merrie Lou Abney, Shelley Ruland,
Diane Peterson
1. Mayor called Meeting to Order and led Invocation which was followed by Councilman Evans
leading the Pledge of Allegiance.
CONSENT AGENDA
2. a) Approve Minutes: March 219 2005
b) Disbursements
Councilman Higgs moved to accept consent agenda. Motion was seconded by Councilman
Garza. Motion carried unanimously.
3. Citizen's Input.
Chris Bengston, Radio Shack, addressed the Council with an invitation to the 100th year
Anniversary of Landmark Baptist Church.
4. Conduct Public Hearing to Consider Proposed Changes to the Zoning Ordinances.
Mayor declared Public Hearing opened.
No spoke for or against.
Mayor declared Public Hearing closed.
5. Consider and Possible Action on Recommendation to City Council Regarding Changes to the
2F Zoning Category as Proposed in Ordinance #04-06-05.
City Manager indicated the city attorney has reviewed this item and has recommended the
changes as indicated.
Discussion.
Councilman Evans moved to accept recommended changes to 2F Zoning. Motion was
seconded by Councilman Higgs. Motion carried unanimously.
6. Consider and Possible Action Regarding Adopting of Ordinance #04-06-05 -Amending the 2F
Zoning Catregory.
CITY OF SANGER9 TEXAS
ORDINANCE No. #04-06-05
THAT CHAPTER 14, EXHIBIT "A", SECTION 17 OF 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.
Councilman Evans moved to Adopt Ordinance #04-06-05. Motion was seconded by
Councilman Higgs. Motion carried unanimously.
7. Conduct Public Hearing to Consider a Specific Use Permit for Placement of a Mobile Home
on Agricultural Zoned Property Legally Described as Metz Estates, Block 1, Lot 4.
Mayor declared Public Hearing open.
City Manager indicated that the P & Z Board approved contingent upon the owner moving
the old mobile home before the new mobile home could be installed.
William Hamilton,10922 Metz Rd., addressed the Council indicating they would be moving
the old mobile home on April 5, 2005, and with Council approval, they would be moving the
new mobile home on April 6, 2005.
Discussion on if this property is within city limits.
Larry George,10904 Metz Rd., addressed the Council indicating he approved of the upgrade
but informed Council that he did not receive a letter. Mr. George also wanted to know about
placement of skirting on the new mobile home and the inspections on the septic system.
City Manager stated the owner will have to install a skirt around the mobile home, according
to City Ordinance and it is the owner's responsibility to check on the septic system.
Lengthy discussion following on State regulations concerning manufactured housing and
mobile homes.
Concerns were expressed regarding the purpose for the specific use permit if State regulation
over rides City Ordinance.
Staff instructed to check with the City Attorney to get clarification.
Mayor declared Public Hearing closed.
8. Consider and Possible Action Regarding a Specific Use Permit for Placement of a Mobile
Home on Agricultural Zoned Property Legally Described as Metz Estates, Block 1, Lot 4.
Councilman Garza expressed concerns on the need for a specific use permit if the state over
rides our ordinance.
City Secretary explained that the requirements for the SUP were followed for the AG zoning.
Discussion followed.
Councilman Evans moved to issue the specific use permit. Motion was seconded by
Councilman Ervin. Motion carried unanimously.
9. Conduct Public Hearing to Consider a Specific Use Permit for a Temporary Concrete Batch
Plant to be Located on Property Legally Described as Sable Creek Phase I.
Mayor declared Public Hearing open.
City Manager indicated this plant is west of the high school and will be temporary. The
purpose is for that subdivision, and upon completion they will move the plant. The noise and
dust will be regulated and inspected by TCEQ.
Councilman Garza expressed concerns with the dust and noise due to being located next to the
high school.
City Manager indicated the project is scheduled to be completed before the new school year
begins.
Mayor declared Public Hearing closed.
10. Consider and Possible Action Regarding a Specific Use Permit for a Temporary Concrete
Batch Plant to be Located on Property Legally Described as Sable Creek Phase One.
Councilman Evans moved to accept the Specific Use Permit. Motion was seconded by
Councilman Ervin. Motion carried unanimously.
I- L Consider and Possible Action on the Preliminary Plat for Sanger Industrial Park, Being 5 Lots
on Tracts 1 and 2.
City Manager indicated the plat was unanimously approved by Planning &Zoning. The
Planning and Zoning Board recommended the 60 ft, be designated as a right -a -way easement.
John Porter, of Sanger Industrial Park, indicated this is a private access easement. This is on
private property and the public will have access.
Councilman Ervin expressed concern on the street that was suppose to be constructed from
455 in the back, north of the property.
Mr. Porter indicated they encountered drainage and flow issues with this property that
made them decide to wait and see if the County or State would assist in widening of the road
and the drainage.
City Manager indicated concerns on how the five lots would be serviced.
Mr. Porter indicated the access would be in a U shape and they will be able to drive straight
through from one lot to another.
Discussion on access.
Councilman Ervin expressed concerns on the water and sewer lines being in the right place.
Eddie Branham, Water/Sewer Superintendent, indicated the city has an easement on the sewer
line but the water line is in front of the property.
Discussion.
Councilman Garza moved to approve Preliminary Plat for Sanger Industrial Park, Being 5
Lots on Tracts 1 and 2. Motion was seconded by Councilman Higgs. Motion carried
unanimously.
12. Consider and Possible Action on the Final Plat for Sanger Industrial Park, Being 5 Lots on
Tracts 1 and 2.
Councilman Evans moved to accept the Final Plat for Sanger Industrial Park, Being 5 Lots on
Tracts 1 and 2, as long as Planning &Zoning recommendations were completed. Motion was
seconded by Councilman Higgs. Motion carried unanimously.
13. Conduct Public Hearing to Consider a Zoning Request Change from Ag (Agriculture) to I4
( Industrial -1) on Property Legally described as Abstract 940, McKinney and Williams
Survey, Tract 4, being 2.34 Acres, and Abstract 940, McKinney and Williams Survey, Tract
6, being 4.00 acres. Property is Located off of Cowling Road.
Mayor declared Public Hearing open.
City Manager indicated Nim Ashley wants to expand his business off Cowling Road, and
Planning & Zoning did approve this change.
Mayor declared Public Hearing closed.
14. Consider and Possible Action Regarding a Zoning Request Change from Ag (Agriculture) to
I-1 ( Industrial -1) on Property Legally described as Abstract 940, McKinney and Williams
Survey, Tract 4, being 2.34 Acres, and Abstract 940, McKinney and Williams Survey, Tract
6, being 4.00 acres. Property is Located off of Cowling Road.
Councilman Evans moved to accept zoning change. Motion was seconded by Councilman
Higgs. Motion carried unanimously.
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Ms. Diane Peterson addressed the Council indicating that she is trying to classify her business
into an I4. Her business is a sign company. She also does welding, sandblasting, power
coding, with laser technology.
Discussion followed on this type business and the category that it would be classified.
City Secretary explained that this was not a zoning change but a classification.
Councilman Evans moved that Diane Peterson's business be categorized as an I-1. Motion
seconded by Councilman Garza. Motion carried unanimously.
16. Consider and Possible Action Regarding the Appointment to the Denton County
Transportation Authority Board of Directors.
Councilman Higgs moved to cast vote for Mr. John Springer. Motion was seconded by
Councilman Ervin. Motion carried unanimously.
17. Consider and Possible Action on the Cost to Pursue With Engineering Services for Hydraulic
Analysis on Duck Creek Drainage Problem.
Mark Hill, Carter Burgess, addressed the Council indicating they have spoke with Denton
County Engineer and are waiting on more information from them before they proceed.
Carter & Burgess has planned a cap of $5000.00 on the analysis; which is based on the
information received from the County.
Councilman Garza moved to pursue with analysis. Motion was seconded by Councilman
Ervin. Motion carried unanimously.
18. Consider and Possible Action to Proceed with the Planning of Clear Creek Waste Water
Treatment Plant and Utilize Funds for Expenditure.
City Manager presented package to Council for Phase I of the Waste Water Treatment Plant.
Presentation shown amounts as follows this fiscal year:
Master Plan $255800.00
Planning $3%300.00
Engineering Report $24,20090
Amount to be paid in October:
TPDES Permit Application $19,900000
Total Cost $109,200.00
Continued discussion.
City Secretary indicated City Council needed to decide if the funds to pay for these expenses
could be utilized from the sewer capital fund.
Councilman Garza moved to accept Phase I. Seconded by Councilman Evans. Motion carried
unanimously.
19. Consider and Possible Action Regarding Settlement with Kenneth Minhinnett's Request on
Sewer Lines at No Frills.
City Manager presented a letter from Mr. Minhinnett in which he is requesting the following:
1. $20,000.00 Cash
2. 5 water and 5 sewer taps
3. $1200.00 reimbursement for attorney fees.
4. A variance given to allow him to build to the easement. (A 10'variance) both on
the North Side and the East Side.
City Manager indicated if the above is agreed to, the City will be granted 10' easements on the
North and East side.
Councilman Ervin indicated the attorney needs to review and make sure easements and the
placement of lines are correct before negotiating on an agreement.
Discussion.
Councilman Garza moved to approve contingent upon the City Attorney review and approve
that all utility lines are in the correct place and everyone signs off to avoid future problems.
Motion was seconded by Councilman Evans. Motion carried. Councilman Ervin voted No.
20. EXECUTIVE SESSION: In Accordance with Texas Government Code, Subchapter D, Section
551.074 Personnel Matters
a. City Manager Evaluation
21. RECONVENE into Regular Session and Consider Action, if Any, on Items Discussed in
Executive Session.
Councilman Ervin indicated he would like these two items to be postponed until ali
members were present. Councilman Garza seconded the motion. Motion carried
unanimously.
22. Meeting adjourned.
Rosalie Chavez, City
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