06/06/2005-CC-Minutes-RegularMINUTES: CITY COUNCIL June 69 ZOOS
PRESENT: Mayor Tommy Kincaid, Councilman Mike Lawler, Council Glenn Ervin,
Councilman Joe Higgs, Councilman Mike James.
OTHERS
PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Ro�� Chavez
Waste/Wastewater Superintendent Eddie Branham, Street Superintendent,
John Henderson, Chief of Police Curtis Amyx, Electric Superintendent Mike
Prater, Administrative Supervisor Paula Morales, Fire Department David
Pennington,Woodrow Barton, C.G. McNeill, Fred Yeatts, Curtis Amyx, Ken
Perry, Jerry Jenkins, Jan Looper, Liz Sringer, John Springer, Johnny Looper,
Kathy Floyd, Robert Patton, Stephanie Roberson, Mike Walker, Roy Lemons,
Geraline Davis, Richard Muir, Wanda Ervin, Scott Gabriel, Vickie Jenkins,
Karen Burt, Randy Bonneau, Joyce Fuller, William Fullei, Paul Edelman, Burt
Weathersbee, Dave Coker, Roger Otwell, Adam Whitfield, George Purefoy,
Debra Purefoy, Eddie Lane, Carol Glickman Christine Bengston, Marvin
Jones, Josh Floyd, Don McClure, Grace Garza, Robert T. Patton, Stuart
Meadows, Bryce Rothlisberger, Scott Maynor, Tyler Rothlisberger, Mike
Walker, Patti Walker, Diana Cruz, Vincent Cruz, Shelley Ruland , Donny
Mack.
Mayor called Meeting to Order, Councilman Higgs led the Invocation which was followed by
Councilman James leading the Pledge of Allegiance.
CONSENT AGENDA
2. a) Approve Minutes: May 16,2005
May 20, 2005 Special Called
b) Disbursements
Councilman Garza made motion to approve Consent Agenda as presented. Seconded
by Councilman James. Motion carried unanimously.
3. Citizen's Input. None.
4. George Purefoy, City Manager, City of Frisco, will address Council Concerning Water
Districts. Fresh Water Supply District.
Mr. Purefoy, City of Frisco, addressed City Council with two issues of concern: tax
rates and fire protection for the community.
Mr. Purefoy indicated developers set up water districts and sell bonds for their
development to help recapture cost. Property owners would be paying taxes for City
and County on top of their water district tax. This makes the tax rate unfair and
citizens become overtaxed.
Mr. Purefoy summarized by indicating that he could not see now these developments
could work for the City.
Mr. Purefoy expressed concerns about traffic, police protection and fire protection.
Discussed the Lone Star Ranch Development which is in the city limits of Frisco.
S. Consider and Possible Action on Adopting Ordinance # 06-08-OS
Motion was made by Councilman Higgs to adopt ordinance #06-08-05. Mayor read
caption as follows:
AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY
TO THE CITY OF SANGER, TEXAS AND EXTENDING THE BOUNDARIES OF
SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY
WITHIN THE CITY LIMITS, AND GRANTING TO SAID TERRITORY AND TO
ALL FUTURE INHABITANT S OF SAID PROPERTY ALL OF THE RIGHTS AND
PRIVILEGES OF OTHER CITIZENS AND BINDING SAID FUTURE
INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF SAID CITY.
Councilman Garza seconded, Motion carried 3-2. Voting against was Councilman
James and Councilman Ervin,
6. Chamber of Commerce to Address City Council on Upcoming Events.
David Coker, President of Chamber of Commerce addressed City Council of upcoming
events. Ribbon Cuttings and their schedule time change for meeting from 6:30 to 7:00
for Chamber and 7:00 to 8:00 to the Public. He also addressed the Sanger Sellabration
to be held September 10, 2005 and the Movie at the Park which is to be held June 10,
2005. Mr. Coker indicated they will hold these events throughout the year and discuss
the possibility of getting some type of help to offset the cost. He addressed the
Chambers memberships and their web site. Also discussed was the hiring of an
Administrative Assistant and scheduling of a meeting of several organizations in the
city to discuss growth and direction.
7. Consider and Possible Action on Request from Randy Bonneau Regarding Fire Work
Stand by Chisum Road Exit North.
Mr. Bonneau addressed City Council in regards to this request. The property he leased
this year for his fire work stand was annexed in this City Council meeting. He
requested a variance to be able to use the stand this season since he has already made
his investment.
Discussion.
Motion made by Councilman James to grant request for Randy Bonneau, seconded by
Councilman Evans. Motion carried 4 to 1, Councilman Garza voted against.
8. Consider and Possible Action on Request from Citizen Regarding Fire Work Stand.
Discussed that the Fire Works Stand is on the Johnson Payne property.
Motion was made by Councilman Ervin t"a UVIf the stand on the Johnson Payne
property for this season, seconded by Councilman Lawler. Motion carried 4 to 1.
Councilman Garza voted against.
9. Consider and Possible Action on Duck Creek Drainage Improvements. City Manager
addressed the following issues:
1. The house lies within the FEMA (zone A) 100 year flood plain; however, our
flood plain has never had a detailed study to get exact elevations.
2. Proposed improvements that the County intends to make as far as flooding
problem will not help the Loopers.
3. Their problem with flooding came from water coming directly into their house,
not from backing up.
Discussion continued regarding widening the channel and with drainage issues. The
possibility of building a birm around the house was discussed in length.
Burt Weathersbee, Engineer with Carter and Burgess, discussed the widening of the
channel, which would not correct the problem. Mr. Weathersbee discussed the birm
being built around the house as being the best option.
Discussion.
Motion was made by Councilman James to continue working on this process to come
up with a solution to solve these drainage problems and to come up with an estimated
dollar amount on the recommendation with a birm, concrete wall, or digging up the
ditch. Seconded by Councilman Garza. Motion carried unanimously.
10. Consider and Possible Action on Request from Chris Bengston in Regards to Being
Allowed to Burn in City Limits.
Discussion.
No action taken.
11. Conduct Public Hearing to Consider a Zoning Change from Agriculture to Single
Family 7-F (SF7-F). The property is Legally described as Abstract 2141, Tract 267,
Being 2.52 acres. Property is located on the Southeast end of the Willowood Addition.
Mayor declared Public Hearing Open.
No comments.
Mayor declared Public Hearing closed.
12. Consider and Possible Action to Consider a Zoning Change from Agriculture to Single
Family 7-F (SF7-F). The property is Legally described as Abstract 2141, Tract 267,
Being 2.52 acres. Property is located on the Southeast end of the Willowood Addition.
Motion was made by Councilman Higgs to accept Zoning Change. Seconded by
Councilman James. Motion carried unanimously.
13. Conduct Public Hearing to Consider a Replat of Sullivan North Addition, the West 65
feet of Block 4. Property is Located at 809 Chapman Drive.
Mayor declared Public hearing open.
No Comment.
Public Hearing closed.
14. Consider and Possible Action to Consider a Replat of Sullivan North Addition, the
West 65 feet of Block 4. Property is Located at 809 Chapman Drive.
Planning & Zoning Member Shelley Ruland expressed concerns regarding the need
for more of a setback due to expansion of FM455.
Mayor agreed.
Scott Maynor, Isabell Engineering, indicated he appreciated the concern of the city
members but they have researched the setbacks and they are all in compliance. The
building will be set back 80 feet from the property line and due to that they declined
to create a larger setback. They are in compliance with all City Codes and Regulations.
Lengthy discussion about FM455 being widened as approved in the Bond Election in
2004.
Councilman James suggested setbacks of an additional 20 feet.
City Manager, Jack Smith and City Secretary, Rose Chavez indicated that Lee Allison
had addressed all the items and had given his approval on the plat.
Motion made by Councilman Higgs to approve the replat of 809 Chapman Drive.
Seconded by Councilman Ervin. Motion failed 3 to 2.
Voted no was Councilman James, Councilman Ervin and Councilman Lawler. Voted
yes was Councilman Higgs, Councilman Garza.
Mayor declared Motion failed.
15. Consider and Possible Action on the Final Plat for Austin Addition, Lot 1, Block A,
Being 2.002 Acres in the Rueben Bebee Survey, Abstract 29. Property is Located on
Utility Road.
Lengthy Discussion in regards that the owner of this property is not the Developer,
therefore, he should not be responsible for paving and upgrading of the street.
Motion made by Councilman Higgs to accept the Final Plat. Seconded by Councilman
James. Motion carried 3 to 2.
Voted yes was Councilman James, Councilman Higgs, Councilman Lawler. Voted no
was Councilman Garza and Councilman Ervin,
16. Consider and Possible Action on Ordinance # 05-07-05 Amending the Planned
Development Ordinance on Property Legally Described as Lakeridge Estates, Lots 1-22
Block C Phase I, Lots 12-22 Block D, Phase I, Lots 3-5 Block E Phase I, and all lots in
future phases II and III.
Motion was made by Councilman Ervin to approve ordinance #OS-07-O5. Mayor read
caption as follows:
AN ORDINANCE PROVIDING FOR A CHANGE TO THE PLANNED
DEVELOPMENT "PD" ZONING CLASSIFICATION , PREVIOUSLY
DESIGNATED IN ORDINANCE #09-29-03, REGARDING REAR YARD
SETBACKS ON SINGLE FAMILY LOTS OF 110 FEET DEPTH; ON PROPERTY
SPECIFICALLY DESCRIBED HEREIN; AND PROVIDING FOR IMMEDIATE
EFFECT.
Seconded by Councilman James. Motion carried unanimously.
17. Consider and Possible Action on Approving Applicant List for Assistance under the
Home Program Owner Occupied Program.
Motion was made by Councilman James to approve applicant list for assistance for
Home program as follows:
1. Edith Smith 603 Walnut Rehabiliation
2. Mary West 108 S. Park Court Reconstruct
3. Narcisa Gomez 1804 Melinda Myrl Rehabilitation
4. Bobby Green 229 Jones St. Reconstruct
5. Mary Joe Childers 901 Willow St. Reconstruct
6. Patricia Morby 913 Marshal Reconstruct
7. Carol Glickman 406 S. 1st St. Rehabilitation
Seconded by Councilman Garza. Motion carried unanimously.
18. Consider and Possible Action on Appointing Members to the Planning and Zoning
Commission.
Discussed that citizens who had expressed an interest which were:
Thomas Muir
Ken Wilson
Jimmy Frazier
Paul Edelman
Mike Walker
Motion was made to appoint Mike Walker, Paui Edelman, Ken Wilson and Tbomas
Muir. Seconded by Councilman Lawler. Motion failed. 3 against 2 in favor.
Motion made by Councilman James to appoint Mike Walker and Paul Edelman to
Planning and Zoning. Seconded Councilman Lawler. Motion carried unanimously.
19. Meeting Adjourned.
ATTEST:
Rosalie Chavez, City