11/16/1998-CC-Minutes-RegularPAGE 1
MINUTES: CITY COUNCIL
NOVEMBER 16, 1998
PRESENT: Mayor Tommy Kincaid, Councilman Jerry Jenkins, Councilman Glenn
Ervin, Councilwoman Alice Madden, Councilman Carroll McNeill,
Councilman Mike James.
OTHERS
PRESENT: City Administrator Jack Smith, City Secretary Rose Chavez, Administrative
Secretary Samantha Renz, Water/Wastewater Superintendent Eddie
Branham, Electric Superintendent Jeff Morris, Street Superintendent Chuck
Tucker, Chief of Police Benny Erwin, Lisa Hardy - Sanger Courier,
Woodrow Barton, Shelly Ruland, Lynn Stucky, Mike Kern, Art Kramer,
Diana Cruz, Vicente Cruz, Dan Kress, J.L. Wright, Shirlene Wright, Rosene
Sebastian, Burl Bourland, Carmen Bourland, Polly Dwyer, Andrew Foote,
Nel Armstrong, Sue Trego, Connie Evans, Jimmy Evans, Mary Burdick,
Rick Carter, Keith Newton, Carol Rainey, Bryan Cox, Keith Burdick, Sheri
Smith, Flu Neve, Jerald Yenson, Pie Beard, Joe Higgs, Doug Johnson
1. Mayor Kincaid called Meeting to order, Nel Armstrong led the Invocation, and
Councilman James led the Pledge of Allegiance.
2. a) Approve Minutes - November 2, 1998
b) Disbursements
Motion was made by Councilman Jenkins to approve Consent Agenda.
Seconded by Councilman James.
Motion Carried Unanimously.
3. Citizen's Input.
Sue Trego, representative of the Beautification Board wanted to update the council
on the plans for decorating downtown, she indicated the plan was to add some type
of new decoration each year.
4. Consider And Possible Action on Landscape Regulation Ordinance #1144-98.
Sue Trego indicated the Beautification Board had reviewed the Ordinance and they
all had approved of it, they agreed it was strict, and some changes could be made,
but felt it was needed.
Councilman James questioned how the Ordinance could be enforced.
Councilman Jenkins indicated the Code Enforcement Officer was working more
hours, and it would be his responsibility to enforce these codes, he indicated as the
City grows these type of Ordinances will be needed, and need to be put in place now.
Councilman McNeill moved to accept Ordinance as presented.
Seconded by Councilman Ervin.
Motion Carried Unanimously.
Mayor read caption to Ordinance:
AN ORDINANCE AMENDING IN PART, CHAPTER 12 OF THE CODE OF
ORDINANCES OF THE CITY OF BANGER BY ADDING A SECTION TO BE
NUMBERED SECTION 44; PROVIDING FOR LANDSCAPE REGULATIONS;
ADOPTING A CERTIFICATE OF OCCUPANCY AND REQUIRING
COMPLIANCE; PROVIDING FOR NON CONFORMING USES AND/OR
STRUCTURES; PROVIDING FOR AN EFFECTIVE DATE; AND ADDING A
SECTION TO BE NUMBERED SECTION 45; PROVIDING FOR NON
CONFORMING USES, LOTS AND STRUCTURES; PROVIDING FOR AN
EFFECTIVE DATE.
5. Consider and Possible Action on Metal Building Ordinance #1145-98.
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Councilman Jenkins indicated the City is going to be forced to take a more
aggressive attitude, the City has an unusually large amount of metal buildings. He
indicated there were sixty-six (66) metal buildings, and that did not include horse
ranches. He indicated the ordinance is strictly for business and commercial areas,
it does not apply to residential areas.
Discussed Ordinance.
Council agreed the percentage for the front of the buildings was too low.
Mayor read Caption to Ordinance:
THAT CHAPTER 3, OF THE CODE OF ORDINANCES OF THE CITY OF
SANGER, TEXAS, IS HEREBY AMENDED BY ADDING AN ARTICLE, TO BE
NUMBERED ARTICLE 3.18, WHICH SAID ARTICLE SHALL READ AS
FOLLOWS:
Motion made by Jerry Jenkins to Adopt Ordinance 1145-98 with the changes as
noted to read that the exterior walls visible from the designated street shall be a
minimum of 100% constructed of materials other than metal, and a minimum of
50% of the sides visible from the adjoining streets constructed of materials other
than metal, and a minimum of 20% alternative material.
Discussion.
Seconded by Councilman McNeill,
Motion Carried Unanimously,
6. Consider and Possible Action on Purchase of 1/2 acre Santa Fe Railroad Tra Purchase of 5 acre Santa Fe Railroad Tract. ct and
City Administrator indicated the offer previously made was still on the table, and
they would not make a better offer. The price is $40,000 dollars for the five acre
tract and $10,000 dollars for the 1/2 acre tract.
Discussion.
Council agreed to postpone action, and discuss at a future date.
Council agreed to schedule a workshop for December 3, 1998.
Mayor moved Items 7 and 8 to the bottom of Agenda.
(7)9. Consider and Possible Action on Quit Claim to North 9th Street Easement.
Brief Discussion on length of easement.
Councilman Jenkins moved to grant quit claim to abandoned easement to property
owners at the expense of the property owners.
Seconded by Councilman James.
Motion Carried Unanimously.
Consider and Possible Action on Future City Development,
Art Kramer, 4318 W. Lovers Ln, Dallas, indicated he would like the Council to consider a concept. He referred to the plans for the Sable Development Park, and indicated Phase I was a restaurant and a small building for some type of offices, and
indicated there would also be a Phase H. He indicated with the help of the City of
Sanger, and an addition of some size such as a motel, there is a state fund that will
provide funds to make the extension off the overpass in that area. He indicated he
was representing Don Sable, and Mr. Sable was willing to give two to three acres
of land in that area to the City. He indicated there was some flexibility, but the
offer would not stand forever.
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Mr. Kramer indicated if the City chose to accept the land, the City would be
obligated to put in the road and bring utilities out to the property.
Council agreed to put this Item on the agenda for the workshop.
(9)11. Conduct Public Hearing to Consider a Zoning Request Change From Industrial to
MFl on Property Legally Described as Abstract 29, Block 14, of the J.R. Sullivan
West Addition. Property is located at 809 Plum St.
City Administrator indicated the Planning and Zoning Commission had unanimously
denied the request, this zoning request change was for the purpose of building a six
unit town house.
Public Hearing opened.
Dan Kress, 12108 Lake Shore Ct., indicated the town house would be similar to
those on Sixth St. built by K.M. properties.
Brief Discussion.
Councilman Jenkins expressed concerns about it being spot zoning.
Public Hearing closed.
(10)12.Consider and Possible Action Regarding a Zoning Request Change From Industrial
to MFl on Property Legally Described as Abstract 29, Block 14, of the J.R. Sullivan
West Addition. Property is located at 809 Plum St.
Councilwoman Madden indicated they should consider Planning and Zoning
Commission's recommendation.
Councilman McNeill agreed.
Councilman Jenkins moved to accept the Planning and Zoning Commission's
recommendation to deny the zoning request change.
Seconded by Councilman McNeill.
Motion carried unanimously.
(11)13.Conduct Public Hearing to Consider a Preliminary/Final Replat on Property Legally
Described as Lot 6R4 and Lot 611-2 of Sanger Industrial Park, Being a Replat of
Lot 6R of Sanger Industrial Park. Property is located on I-35.
Public Hearing opened.
Discussed location of property.
Public Hearing closed.
(12)14.Consider and Possible Action on a Preliminary/Final Replat on Property Legally
Described as Lot 6R4 and Lot 6R-2 of Sanger Industrial Park, Being a Replat of
Lot 6R of Sanger Industrial Park. Property is located on I-35
Councilman Jenkins asked if this replat had complied with all requirements.
Staff indicated it did.
Councilman Ervin moved to accept the Planning and Zoning Commission's
recommendation to approve the replat.
Seconded by Councilman James.
Motion carried unanimously.
(13)15.Conduct Public Hearing to Consider a Zoning Request Change From B-1 to 11-2 on
Property Legally Described as Abstract 1241-A Tierwester, Tract 222, 5.929 Acres.
This property is located at Spur 138 & I-35.
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Public Hearing opened.
No Comments.
Public Hearing closed.
(14)16.Consider and Possible Action Regarding a Zoning Request Change From B-1 to B-2
on Property Legally Described as Abstract 1241-A Tierwester, Tract 222, 5.929
Acres. This property is located at Spur 138 & I-35.
City Administrator indicated citizens in the surrounding residential area expressed
concerns about the activity of a motel at odd hours, and small school children in that
area.
Discussed difference in B4 and B-2 zoning.
Councilman McNeill moved accept the Planning and Zoning Commission's
recommendation to deny the zoning request.
Seconded by Councilman Ervin.
Motion Carried 4 to 1.
Councilman James voted no.
(15)17.Consider and Possible Action on Preliminary/Final Plat for Bourland Court Estates,
Being a Total of 5.037 Acres in the Henry Tierwester Survey, Abstract 1241.
Property is located off of Keaton Road.
Burl Bourland indicated he had tried to do this subdivision a couple of years
but the Council wanted him to build larger homes with two car garages instead ofago,
one, he indicated he had made those revisions.
Council indicated the ordinance stated there needed to be sidewalks and alleys.
Mr. Bourland indicated the city's engineer had designed these plans and he did not
put in sidewalks or alleys.
Discussed drainage.
Councilman Jenkins asked if all driveways will open on Bourland Court.
Mr. Bourland indicated they would.
Concerns were expressed about sewer easement and sewer line.
Councilman McNeill asked why they were sealing the manholes.
Mr. Bourland indicated they did not have to be sealed, but did not know why it was
a problem.
Discussed maintenance of the easement, City Engineer's letter indicated it would be
the responsibility of the owners of Lot 10 and Lot 11.
J.L. Wright, 2004 Duck Creek Rd., indicated he worked for the City of Denton and
a property owner would not take on the responsibility of maintaining an easement
where there would be drainage back up, etc.
Councilman McNeill indicated he did not feel it should be the responsibility of the
property owners to maintain that easement, and he did not feel he could approve it
like that.
Councilman James moved to deny the Preliminary/Final Plat for Bourland Court
Estates.
Seconded by Councilman McNeill.
Motion carried unanimously.
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(1018.Consider and Possible Action on Preliminary/Final Plat for Lot 1, Block 1 Retail
Division, Being 0.800 of an Acre on Land Situated in the Rueben Bebee Survey,
Abstract 29. Dollar General Store Site. Property is Located on Spur 138 (Neat to
New Post Office.
Planning and Zoning rescheduled this Item.
Council agreed to postpone until after the Planning and Zoning could make there
recommendation.
(17)19.Consider and Possible Action Regarding Amendment of the Animal Control
Ordinance to Add Article 2.350 - Ordinance #1147.98.
Councilman James moved to adopt Ordinance #1147-98 as presented.
Seconded by Councilman McNeill.
Motion Carried unanimously.
Mayor read Caption to Ordinance:
THAT CHAPTER 2, OF THE CODE OF ORDINANCES OF THE CITY OF
SANGER, TEXAS, IS HEREBY AMENDED BY ADDING AN ARTICLE, TO BE
NUMBERED ARTICLE 2.350, WHICH SAID ARTICLE SHALL READ AS
FOLLOWS:
(18)20.Consider and Possible Action on Appointing New Members to Planning and Zoning
Board and Board of Adjustments.
For the Board of Adjustments, the names submitted were:
Jack Armstrong
Ken Perry
Ralph Cain
Jimmy Evans
For the Planning and Zoning Commission, the names submitted were:
Shelley Ruland
Polly Dwyer
Mayor indicated he would like to see Polly Dwyer appointed to the Planning and
Zoning Commission, he had spoken with Shelley Roland and indicated there could
be some conflict.
Councilman Jenkins moved to appoint Polly Dwyer to the Planning and Zoning
Commission, and Ken Perry, Ralph Cain, and Jimmy Evans to the Board of
Adjustments.
Seconded by Councilman McNeill.
Motion Carried.
Councilwoman Madden abstained.
(19)21.Discuss and Possible Action on Disposal City Vehicles That Can no Longer be
Utilized.
Jeff Morris indicated the old back hoe could not be used, the booster truck had
burnt up, the vehicles could not be used, they were asking to do a sealed bid and get
rid of it.
Councilman Jenkins moved to advertise for sealed bids on the three vehicles
mentioned in the memo.
Seconded by Councilman James.
Motion Carried unanimously.
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(20)22.Consider and Possible Action on Awarding Vehicle Bids.
Discussed Bids.
Councilman James moved to accept the bid from Future for the back hoe in the
amount of $44,125.00.
Seconded by Councilman Jenkins.
Motion Carried.
Councilman Jenkins moved to accept the bid from Village Ford on the 1998 model
2 1/2 ton pick up truck in the amount of $32,658.00.
Seconded by Councilwoman Madden.
Motion Carried.
Councilman James moved to accept the bid from Village Ford on the Police cars
in the amount of $23,273.00 each.
Seconded by Councilwoman Madden.
Motion Carried.
Councilman Jenkins moved to accept the bid from Village Ford on the Heavy Duty
3/4 ton pick up trucks in the amount of $17,515.00 ea.
Seconded by Councilman McNeill.
Motion Carried.
Councilwoman Madden moved to accept the bid from Village Ford on the 1 ton pick
up truck in the amount of $26,877.00
Seconded by Councilman James.
Motion Carried.
(21)23.Consider and Possible Action on Appointment of Health Sanitarian.
City Secretary indicated Judy Talbot is the registered sanitarian that staff is
recommending, she will charge $75.00 per inspection and perform inspections twice
a year.
Councilman Jenkins moved to appoint Judy Talbot as the registered sanitarian for
the City of Sanger at $75.00ea for two inspections per year.
Seconded by Councilman Ervin.
Motion Carried Unanimously.
(22)24.Consider and Possible Action on Resolution 1146-98 - Urging the Texas Legislature
to Increase Appropriations for Road and Bridge Maintenance and Expansion.
Councilman Jenkins moved to accept Resolution 1146-98 as presented.
Seconded by Councilman McNeill.
Motion Carried.
Mayor read caption to Resolution:
WHEREAS, road and bridge maintenance and expansion is a core function of
government; and,
WHEREAS, mobility is fundamental to Texas economic vitality and quality of life;
and,
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WHEREAS, maintaining mobility requires a continuing investment of State
resources to maintain and expand the surface transportation infrastructure to meet
identified needs; and
WHEREAS, an estimated 78 percent of the roads and bridges in Texas need repair
or modernization, and Texas ranks 45th nationally per capita in highway spending
and first in the nation in substandard bridges, and,
VVFIEREAS, current -level appropriations to the Texas Department of Transportation
(TXDOT) are adequate to only address one-third of the identified Texas
transportation needs; and,
VVfIEREAS, increased appropriations to TXDOT are necessary to continue State.
funded road and bridge maintenance and construction programs that simultaneously
leverage the maximum amount of federal funding for which Texas is eligible from
the Transportation Equity Act for the 21st Century,
(23)7. Consider And Possible Action on FYre Department Proposal.
Jeff Morris indicated in the budget process the council had asked him to come up with an
option other than hiring a full time fire person, he indicated with this proposal salaries
will come out less than approved budget.
Councilman McNeill asked how many members there were in the fire department.
Jeff indicated there were 21, but 11 or 12 were active.
Discussion.
Councilman McNeill moved to accept FYre Department proposal effective November 16,
1998.
Seconded by Councihnan Jenkins.
Motion Carried unanimously.
(24)8. Executive Session Pursuant to the Provision of the Open Meetings Law, Chapter
551, Govt. Code, Vernon's Texas Code Annotated, in accordance with the authority
contained in Section 551.074, to discuss personnel
a). Evaluation of City Administrator
Councilman James requested to table this item because it was so late.
25. Any Other Such Matters.
Jack Smith
indicated the 4A
Corporation would
meet on the 19th, and the 4B Corporation
would meet
on the 24th.
Discussed problems with poles on loth Street.
26. Adjourm
ommy Kincald, Mayor
ATTEST:
Rosalie Chavez, City Secre ry