06/15/1998-CC-Minutes-RegularMINUTES: City Council
June 15, 1998
PRESENT: Mayor Coker, Councilman Jenkins, Councilman Ervin,
Councilman Kincaid
ABSENT: Councilwoman Madden, Councilman James
OTHERS
PRESENT: City Administrator Jack Smith, City Secretary Rosalie
Chavez, Street Superintendent Chuck Tucker, Chief of
Police Benny Erwin, Electric Superintendent Jeff Morris,
Water/Wastewater Superintendent Eddie Branham, City
Mechanic Tommy Belcher, Lisa Hardy - Sanger Courier, Rick
Carter, Rodney Fletcher, Dennis Wozniak, Bo Jaubert, Ken
Cornell, Dwayne Waters, Curtis Gilley, Andrew Foote,
Jayne Ashcraft, Julia Beavers, Diana Cruz
1. Mayor Coker Called .the Meeting to Order. Councilman Kincaid
led the invocation followed by the Pledge of Allegiance.
CONSENT AGENDA
2. b) Disbursements
Motion was made
by Councilman
Jenkins to
Approve all items on
Consent Agenda.
Seconded by
Councilman
Ervin.
Motion Carried unanimously.
*There were no minutes for approval on Consent Agenda
3. Conduct Public Hearing to consider a Zoning Change from
Agricultural to I-1 on property legally described as Abstract
71A Burleson, Tract 1, Acres 0.300 and Abstract 940A McKinney
& Williams, Tract2B, Acres 4.573. Property located on Cowling
Road.
Mayor declared Public Hearing opened.
Dwayne Waters addressed the board in regards to this request.
He indicated that Nim Ashley and himself proposed to build
501X 900 storage buildings to store 5 motor homes each. They
will be 18' wide with a 12' overhead door and a 3' entry door.
There will be a 65, parking lot and 65' between buildings. The
road will be a flex base. The building will be 220 feet off
Cowling Road. Mr. Waters presented a sample drawing on how
the structure would be located on the property. Their plan is
to build 8 buildings.
Discussion followed as to where the property was actually
located. Council expressed concern as to the zoning change
from Residential District to I-1.
There was another issue expressed, which was the 200 feet
requirement notification for property owners.
The City Secretary did confirm that there should have been at
least some residential property included in the Sanger South
Subdivision; however she felt they erred by not taking the
correct corners on the property when they sent the notice on
the change.
The street construction was discussed.
Mr. Waters indicated the road is not a street, but it will be
a private driveway entrance to the location.
The Mayor did inquire if the City had a code enforcer that
looked at these_requests.
The City Secretary indicated that it was Chuck Tucker and
herself, and now City Administrator Mr. Smith, who review an
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06/15/98
PAGE 2
request to make sure they classified the proper zoning needed.
Council again expressed concern that the proper notification
was not given and the zoning was in question as to whether it
was properly identified.
Brief discussion.
Mayor Coker Declared the Public Hearing Closed,
4. Consider and
Possible Action Regarding
a Zoning
Change from
Agricultural
to I-1 on property legally
described
as Abstract
71A Burleson,
Tract 1, Acres 0,300 and Abstract 940A McKinney
& Williams,
Tract 2B, Acres 4.573.
Property
located on
Cowling Road.
Motion was made by Councilman Kincaid to table this item until
it could be straightened out. Seconded by Councilman Jenkins,
Motion Carried unanimously.
Council instructed staff to get information from other cities
on their zoning restrictions to compare to our zoning
restrictions. This will give the City an idea as to what
modifications needed to be made.
5. Conduct Public Hearing to Consider a Specific IIse Permit for
sign construction on property legally described as Abstract
1241, Tract 52, also known as 903 N. Stemmons,
Mayor Coker Declared the Public Hearing Opened
Dennis Wozniak addressed City Council with Jack in the Box's
request for construction of a 100' sign.
Mr. Wozniak expressed that their request is to have adequate
advertising for the North bound and South bound I-35 traffic.
They have been on the property and have run a crane at
different levels, 60' and 80, and 100' to see what would be
appropriate to the location.
Mr. Wozniak indicated there is no problem going North to
South; however the problem is going South to North. Mr Wozniak
explained there is an off ramp by Enderby Gas which has a
radio tower of 150 feet tall and as one proceeds North there
Ls another off ramp which makes a turn by the pedestrian
walkway location. The road makes a curve that the Texaco and
Phillips 66, that are freeway oriented, can be seen way back
at the low height of the wrap. However, the Chevron can only
be seen just before you get to the turn just underneath the
walkway.
Mr. Wozniak continued and indicated that at their location
they can not be seen until after one passes the off ramp going
North.
Mr. Wozniak explained that with management's concern they
contacted the City to see what procedure needed to be taken to
get their request granted.
Mr. Wozniak indicated that under conditions of their sale, the
existing billboard will be moved.
Mr. Wozniak continued to express the need for this type
signage for their advertisement, and their opposition to
billboard type advertisement. Mr. Wozniak also indicated that
he understood Planning and Zoning turned down their request
and he did not know if it was based on a recommendation of a
staff decision in opposition of their request.
PAGE 3
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06/15/98
Mr. Wozniak indicated their business will create 30 to 40
jobs. Their restaurant will have a single drive thru, and
will seat about 50 people.
Their building permit has been approved; however it is on hold
by the City's building officials until this is resolved.
They will have adequate freeway, lighting, and security.
Councilman Jenkins asked if he had any idea of height of the
existing signs in the vicinity. Mr. Wozniak stated that the
Chevron sign is 60' and so is the billboard by Mi,guelito's.
He also indicated that the Phillips 66 sign is 50' or 600
.
Discussion followed.
Mr. Wozniak again expressed to City Council the ongoing cost
if they chose another type of advertisement, which would not
be a return to their investment.
Mayor Coker reminded City Council that zoning called for a 60
foot sign, and that Planning and Zoning unanimously had turned
down their request.
Discussion continued.
Mrs. Cruz expressed that she agrees that it is difficult to
see Miguelito's on that side of the Interstate would indilikcated
that when they build their restaurant, they
he
same consideration to be given for this type signage.
Mayor Coker indicated that he did not know since the City
Council might be setting precedence.
Mr. Wozniak indicated that one of the City's requirements for
this type of request is to show hardship and he believed they
had displayed such in their request.
Councilman Kincaid indicated that this is a special use permit
and it is not setting a precedence. A Specific Use Permit is
based on an individual basis. Councilman Kincaid also
indicated that South of town there was a brand new cafe who
was granted several Specific Use Permits.
Councilman Kincaid indicated he does not feel City Council is
setting precedence. They are just considering a special use
for that location.
Councilman Jenkins also agreed with Councilman Kincaid's
opinion in special use requests.
Andrew Foote, 2725 Marion Road, spoke in opposition to the
signage, and agreed with Mayor Coker.
Mr. Wozniak indicated that the 100' sign would not be highest
point. The radio tower by Enderby Gas is higher and so is the
water tower.
Mayor Coker Declared the Public Hearing closed.
6. Consider and Possible Action Regarding a Specific Use Permit
for sign construction on property legally described as
Abstract 1241, Tract 52, also known as 903 N. Stemmons.
Motion was made by Councilman Kincaid to Grant Specific Use
Permit for Tract 52, Abstract 1241, 903 N. Stemmons, not to
extend 1001. Seconded by Councilman Jenkins.
Motion Carried 2-1.
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06/15/98
Councilman Ervin voted no.
PAGE 4
7. Consider and Possible Action Regarding Franchise Agreement
with Friendship Cable.
Rodney Fletcher, Area Manager for Friendship Cable, addressed
City Council. He indicated that last time they were at City
Council they had addressed all the issues in regards to
upgrading their systems. He was again addressing City Council
for them to consider renewing their Franchise Agreement.
Discussion.
Motion was made by Councilman Jenkins to renew the Franchise
Agreement with Friendship Cable TV with beginning term as
noted. Seconded by Councilman Kincaid.
Motion carried unanimously.
8. Discussion Regarding Texas Parks and Wildlife Grant
Application,
Kim Lacy addressed City Council in regards to the Texas Parks
And Wildlife Grant. They will be applying for the grant fund
at the end of July.
Kim indicated that in preparation for this grant they
conducted a survey through the school system. There was a
low response to the survey. The Parks and Recreation plans
will be worked on by the City Administrator Rose, and
herself, which is a requirement by the State and will be
brought to them in July.
At the last City Council meeting in July, they will present
the application with a Resolution in support of the
application.
Kim briefly explained the wording of the Resolution and
indicated that this Resolution is City Council's support for
the grant project.
Discussion followed on what could be used as matching funds on
the grant application, and the cost projections.
9. Consider and Possible Action for Hunter Associates to Solicit
Bids for South Stemmons Sewer Line Upgrade.
Motion was made by Councilman Kincaid for Hunter's and
Associates to solicit bids for South Stemmons Sewer Line
Upgrade. Seconded by Councilman Ervin.
Motion Carried unanimously.
10. Any other such matters.
a) Mayor Coker indicated last week that City Council had
received information on 4A, and 4B appointments. Mayor
Coker asked City Council to be considering nominees to
each Board and also to consider serving themselves on the
boards. They need to get this done to proceed with
corporation papers.
Councilman Kincaid expressed his concern and asked if Jack and
Rose will serve on the Board. Councilman Kincaid indicated
that they will need a Secretary, and a Treasurer to handle the
monies and Rose takes care of all the monies for the City.
The City Administrator explained that in Junction they only
had the 4B consisting of 7 members. The City Secretary acted
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06/15/98
PAGE 5
as a paid assistant to the Secretary. There will still be a
Corporate Secretary, which will be one of the board members.
The assistant secretary will post agendas, take care of the
accounting, and deposits. There will also be a registered
agent of this corporation, which he has put himself as the
registered agent, who all the paperwork will come to.
The City Secretary and himself will attend all meetings, and
answer questions. They will serve as liaisons between the
corporation and the City Council.
Councilman Kincaid expressed that he does not want the tax
revenues out of the hands of the City Administrator, and the
City Secretary.
b) Mayor Coker also discussed vacancies of the other boards
and appointments, and asked City Council for their
recommendations.
c) Mayor Coker instructed City Administrator to schedule
workshop.
d) City Administrator indicates that as soon as City
Engineer, Mark Hill, returned from vacation they will
have a meeting to discuss future growth.
11. Meeting Adjourned.
ATTEST:
Rosalie Chavez, City Se r
tary
W.
Coker,
III,
it