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03/06/2006-CC-Minutes-RegularMINUTES: CITY COUNCIL March 6, 2006 MEMBERS PRESENT: Mayor Joe Higgs, Councilman Glenn Ervin, Councilman Mike James, Councilman Robert Patton, Councilman Mike Walker MEMBERS ABSENT: Councilman Mike Lawler OTHERS PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez, Street Superintendent John Henderson, Water/Waste Water Superintendent, Eddie Branham, Electric Superintendent Mike Prater, City Engineer Lee Allison, Kevin Ware Allison Engineering, Andy Garza, Jerry Jenkins, Ken Perry, Polly Dwyer 1. Mayor Called Meeting to Order. Mayor Joe Higgs called meeting to order. Councilman Patton led Invocation, Councilman Walker led the Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes: February 21, 2006 b) Disbursements Motion made by Councilman James to accept the Consent Agenda as presented. Motion seconded by Councilman Walker. Motion carried unanimously. 3. Citizen's Input. None. 4. Conduct First Public Hearing on Annexation on Property Legally Described as the following: A0029A R. BEBEE, TRACT 23, ACRES 651.478, OLD DCAD SHT 2, TR 2 Mayor Declared Public Hearing Open. Mr. Sam Alexander, 3219 McReynolds Road, Sanger, addressed City Council concerning this item. Mr. Alexander had some concerns which were as follows: L McReynolds Road is so narrow and needs improvements, if the development that has been discussed does happen what improvements will be done to the street to address the problem. 2. Will the City and County work on the road since part of the road is in the City? 3. When there are heavy rainfalls it causes a drainage problem that is like the "Mississippi River." Mr. Alexander asked if this would also be addressed. Mayor indicated that there is not any development presently and when there is it will be addressed at that time. Discussion continued concerning this development. Mayor indicated that this annexation is to control future development in that area. Discussed widening of the Bridge by TXDOT. Rod Zilke -Tomlin Investments, 4265 Callaway Circle, Dallas, Texas, indicated they were the development that Mr. Alexander has been referring to. The property is under contract and they have been before City Council once with a concept plan for a Water District. They have been working with Staff on drafting a preliminary agreement. Mr. Zilke indicated he was not there to speak for or against the annexation. Mr. Zilke asked the City Council if anyone was interested in getting together to discuss the concept and address concerns before presenting their proposal on the water district. He indicated that possibly one or two council members can set a meeting to review the pIan. They would like to address any concerns prior to having the second Public Hearing. Mayor Higgs declared Public Hearing closed. 5. Conduct Public Hearing to Consider a Zoning Request Change from AG (Agriculture) to I-1 (Industrial) on Property Legally described as Abstract 9409 McKinney and Williams Survey, Tract 5A, being 3.93 Acres, and Abstract 940, McKinney and Williams Survey, Tract 4A, being 1.324 acres. Property is located off of Cowling Road. Mayor declared Public Hearing open. Mr. Nim Ashley representing A&W Productions, 1002 Cowling Road, Sanger, Texas addressed City Council concerning this zoning change. Mr. Ashley purchased this property hoping he could rezone for his future needs. Councilman Walker inquired as to what were his future needs. Mr. Ashley indicated that they presently have warehouses, build truck components, and trailers. Discussion. Mayor declared Public Hearing closed. 6. Consider and Possible Action to Consider a Zoning Request Change from AG (Agriculture) to I4 (Industrial) on Property Legally described as Abstract 940, McKinney and Williams Survey, Tract 5A, being 3.93 Acres, and Abstract 940, McKinney and Williams Survey, Tract 4A, being 1.324 acres. Property is located off of Cowling Road. City Manager indicated that Planning &Zoning voted 3-2 not to change the zoning. There were only two property owner letters received; one to change the zoning and another to leave as is. City Manager indicated that staff is not making a recommendation since there is impact on both sides in regards to Industrial Zoning and Residential. Jerry Jenkins 2507 Chippewa Trail, Chairman of Planning and Zoning addressed the City Council concerning this item. He discussed the concerns Planning & Zoning had in regards to this change. The property runs South of Cowling and butts up to Quail Run which is Residential. Mr. Jenkins indicated the concerns of the Board Members who voted against this change were based on the property possibly being sold in the future. There are many categories that fall under I-1 zoning that could impact the Residential Zoning in that area. Mr. Jenkins indicated that night at the meeting Mr. Ashley was not there to address their questions. He later was advised that the purpose of the change was to put storage cInnate control units on the property. Mayor Higgs declared Public Hearing Closed. Discussion followed. Councilman Walker expressed a concern on the use that can be utilized under this I-1 Zoning. Mr. Ashley again emphasized what he intends to build on this property, the number of jobs he will create and impact it will make on the City. Discussion. Motion was made by Councilman Walker to decline the consideration on re -zoning this property from AG (Agriculture) to I-1(Industrial). Seconded by Councilman Ervin. Motion carried unanimously. 7. Conduct Public Hearing to Consider a Zoning Request Change from Old SF3 (Old Single Family 3) to 2F (Two Family) on Property Legally Described as the Mark H. Shirley Addn., Block 9, Lot 11D. The Property is Located in the 600 Block of South Second Street. Mayor declared Public Hearing Opened. Discussion. No one spoke for or against the change. Mavnr rlPrlarr�l Pnhlir Nrarinsr rincetl. 8. Consider and Possible Action for a Zoning Request Change from Old SF3 (Old Single Family 3) to 2F (Two Family) on Property Legally Described as the Mark H. Shirley Addn., Block 9, Lot 11D. The Property is Located in the 600 Block of South Second Street. City Manager addressed this item and advised it was approved by Planning &Zoning and there was a concern regarding the spot zoning; however, residential is on one side of the street and Industrial across the street. Discussion. Mr. Springer addressed City Council and advised that they did not return their letter; however, they do not object to the zoning. Councilman James expressed a concern since this does fall under spot zoning. This property is located in Old Town of Sanger and it does not make it right to consider the change. Councilman James made the motion to deny this zoning request from Old S1T-3 to 2F (Two -Family) on this property. Seconded by Councilman Walker. Voted no -Councilman Ervin and Councilman Patton Voted yes -Councilman James and Councilman Walker Motion tied. Mayor indicated he was against spot zoning; however taking into consideration on what is across the street he voted NO. Mayor then asked for a motion to approve. Councilman Ervin made motion to approve zoning change request. Seconded by Councilman Patton, Councilman Patton - Yes Councilman Ervin -Yes Councilman James - No Councilman Walker - No Mayor Higgs - Yes Motion carried. 9. Conduct Public Hearing to Consider a Zoning Request Change from AG (Agriculture) to SF2 (Single Family 2) on Property Legally Described as Indian Springs Estates, Block A, Lots 1-6. Property is located on Rising Star Lane. Mayor declared Public Hearing opened. No one spoke for or against. Mayor declared Public Hearing closed. 10. Consider and Possible Action on a Zoning Request Change from AG (Agriculture) to SF2 (Single Family 2) on Property Legally Described as Indian Springs Estates, Block A, Lots 1-6. Property is located on Rising Star Lane. Discussion about the building requirement for each category for SF2 Zoning and SF3. Motion made by Councilman Ervin to approve zoning change from AG (Agriculture) To SF2 (Single Family 2). Seconded by Councilman James. Motion carried unanimously. 11. Consider and Possible Action on Appointing New Board Members to Board of Adjustments. Motion made by Councilman Patton to appoint Polly Dwyer and James Adams to Board of Adjustments. Seconded by Councilman Ervin. Motion carried unanimously. Discussion was having a set date for Board of Adjustments. 12. Consider and Possible Action for CCN with Coserv. City Manager Jack Smith addressed this item concerning the CCN for the Sable Creek Subdivision. He advised that Joe Smith, Developer for this area, has requested the City of Sanger and Co -Serve work out a mutual agreement to exchange the Southern part of the CCN which is solely residential for the northern part along FM455 which is commercial. The total acreage is the same. This would make one sole provider for utilities in this residential property which would be Co -Serve. City Manager advised that City Council would profit more from Commercial than Residential. It has been discussed with Co -Serve and they will be meeting with their Board for a decision. City Council needs to give authorization to pursue in the event Co -Serve agrees to the proposal. Discussion concerning revenues in residential verses commercial. Motion made by Councilman James to proceed with negotiations with Co -Serve. Seconded by Councilman Walker. Motion carried unanimously. 13. Consider and Possible Action on awarding Bid for Downtown Parking. Calvert Paving Corporation $32,275.00 LE David Construction $389245.00 AmeriPaving, Inc. $389597.15 Thaten Construction $545367.20 City Engineer recommends low bidder, Calvert Paving. Motion made by Councilman Patton to award bid to Calvert Paving in the amount of $32,275.00. Seconded by Councilman Ervin. Motion carried unanimously. 14. Consider and Possible Action on Policy for City Vehicles. Discussion concerning mileage and hours on vehicles. Motion was made by Councilman Ervin to adopt Vehicle and Equipment Replacement Policy with the following change added to the policy: Vehicles are to be auctioned yearly. Seconded by Councilman Patton. Motion carried unanimously. 15. Discussion for Future Purchase of Car Mounted Computers for Police Department. City Manager reported on cost of Car Mounted Computers and software for the Police Department. City Manager also advised that the Ch0ef of Pol0 ce Amyx researched and presently there are not any grant funds available. City Manager advised they will bring it back during budget. Chief Amyx advised that possibly their might be Grant Funding available from the Governor's office in another five months. Discussion. 16. Possible List of Future Agenda Items. A. City Manager informed City Council concerning a Rural Development Workshop. This is just an information item and not an agenda item. B. Polly Dwyer inquired about an item that was discussed about a year ago that was sent to the lawyer concerning Historic Zoning. She asked if this could be considered as a Future Agenda item. City Manager reported that he was working on an overlay for the "Historic Zoning." The members that still reside in Sanger will get a copy of the document. It will be approved by our City Attorney since it has been approved by another City. There will be scheduled Public Hearings and at that time it will be presented to City Council for approval. City Manager indicated the document is almost finished. 17. Meeting Adjourned. ATTEST: a:uiui►u� Rosalie �"�Iayor Joe HKOg