Loading...
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 CC MINUTES 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 CC MINUTES 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. CC MINUTES 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 CC MINUTES 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