07/20/1987-CC-Minutes-Regular358.
4. Consider and possible action considering the Pro Rata_
Agreement with SISD.
Herbert Arledge spoke in regards to the Pro Rata Agreement
for the school. He appealed to the Council to please
reconsider the agreement.
Craig Snider then addressed City Council regarding the
Letter that SISD wrote Council concerning the Pro Rata -
Agreement.
Craig Snider went over the letter and discussed the important
dates concerning the Pro Rata Agreement. Craig Snider stated
that in the School Board Business Meeting someone mentioned
that if the Snider Addition would be taken out the Pro Rata
Agreement would be reconsidered.
Discussion continued between the City and Craig Snider.
There were some corrections that Craiq Snider did point out
in the Agreement.
The figure of how many homes were out in the Addition were
l38 versus the 122 mentioned in the letter.
Danny McDaniel asked if he was in agreement -with the letter
the mayor had originally sent.
Craig stated that they were in agreemE�nt.
Winn dall Thomas made a motion that the Pro Rata Agreement
with the SISDbe accepted with recommendations that we change
122 houses to 137 houses and $30.00 to $288.00. Danny McDaniel
seconded motion. Motion carried with two negative votes.
Meeting adjourned..
City Secretary
Qz
® _ Mayor
��City Council Meeting
July 20, 1987
MEMBERS
PRESENT: Mayor Nel Armstrong, Wendall Thomas, Danny
McDaniel, C.G. McNeill, and Jerry Jenkins
MEMBERS
ABSENT: Carolyn Adkins
OTHERS.
PRESENT: Steve Shutt, Rose Shuffield (See Attached List)
1. Mayor Armstrong called the meeting to .order, led the
invocation and led the pledge to the flag.
2. Minutes of July 6, 1987 were approved with corrections to
the minutes of July loth, correction on the last page to
reflect two negative votes in lieu of two abstaining votes.
359.
3. Disbursements - Motion was made by Jerry Jenkins. Seconded
by Wendall Thomas. Motion carried.
4. zen Input:
Woodrow Barton addressed Council. He was offering his
assistance in any way he could to help Council make easier
decisions - offer his advice at no cost. Mr. Barton is a
Civil Engineer. He also referred to the limbs covering
most of the traffic signs.
5. Consider and possible action on reappointment of (4) members
on the P & Z Commission.
Wendall Thomas made a motion to rE.appoint Eileen Brittian,
Billye Hollingsworth, Tommy Kincaid, and Ken Howard to P & Z
Board. C.G. McNeill seconded. Motion carried.
6. Consider and possible action on Resolution R. 10-87 in Support
of the Creation of Enhanced 911 Emergency District.
Jerry Jenkins addressed this issuE�. Jenkins stated E 911 an be used by anyone at any location and any person who uses
it, dials three digits, can immediately get assistance.
It is necessary for all cities who support 911 to pass this
Resolution in Denton County in order for the City to par-
ticipate in the election of August. 8. Resolution was read
by Mayor Armstrong.
Motion was made by C.G. McNeill and seconded by Jerry Jenkins.
Motion carried.
7. Consider and possible action on preliminary report for pop-
_. ulation and land use property in Sanger and Lake Roberts area.
Lee Lawrence from GSA addressed this issue and made Council
aware of Planning Grant Project. They are in the.=process
of developing the base map for the project, butit will
involve the area around the city and Lake Ray Roberts area.
The base map would be a much larger scale.
They have also done preliminary population reports. Lee
stated in the course of a 20 year period by the year 2005,
Banger's population would be at least 10,000.
Lee stated major areas of concern include the future develop-
ment thoroughfares and future water and sewer service divisions.
They would like to meet with council members on planned work-
shops within the next 6 months in an effort to plan long .range
basis usage patterns for the area..
No action taken.
8. Item #8 later discussion.
Consider and possible action to consider variance request for
Roberta Ct. on Lot 12, Blk. 1 in Bourland Addition.
Motion 'was - ade- by Jenkins and se�:onded by Danny TlcDan el to
accept variance request for Roberts Court on Lot 12, Blko 1 in
Bourland Addition.
Motion carried with one abstaining.
10. Consider and possible action on Grant Proposal.from GSA (Lee
Lawrence).
[C�1�
Lee Lawrence this issue concerning a grant proposal.
Lee Lawrence advised City Council that they needed to decide
whether they wanted to apply for this grant application again.
Lee stated that he couldn't guarantee they could get the grant.
Discussion.
Motion was made by McDaniel to reapply for the Grant Application.
Seconded by Thomas. Motion carried. _
8. Consider and possible action on the new proposed zoning
ordinance as recommended by P & Z.
The Planning and Zoning Commission made the following
recommendations:
1. Lots 11, 12 and 13 of Southside Addition were recommended
to be zoned SF-3 in the proposed map. The owner,
Marianna C. Matthews, has requested that these lots
be returned to their existing local retail designation.
Under the new zoning district the closest equivalent to
local retail is B-1 and the commission recommends that
the request of the property owner be granted.
2. The 4.45 acre tract owned by Earl Schaffer located to
the west of Interstate 35 and south of Duck Creek Road
is erroneously noted on the existing zoning map as
being in an R-1 zone. Review of city minutes indicate
that a rezoning of this property occurred in November,
1984 and the Planning and Zoning Commission recommends
that the existing zoning, B-2, be retained for this tract.
3. The 1.443 acre triangular tract on the south side of
U. S. Highway 77 at the intersection with I-35 and
owned by John D. Springer is recommended in the proposed
zoning district map to be a B-2 zone. The property owner
has requested a return of this tract to the existing
light industrial zoning. The commission concurs. The
commission further recommends that the adjacent tract
to the immediate south of the triangular tract and
extending along the east side of I-35 also be returned
from the recommended B-2 zoning to its existing light
industrial designation.
4. The tract of land located at the southwest corner of
Eighth and FM 455 owned by Willie Keith Pate is proposed
to be zoned B-l. The owner requests that this tract
be returned to its existing light industrial zoning.
The commission concurs in this recommendation.
5. The eastern three -fourths of the block bounded by
Wood, Tenth, Church and I-35 and owned by Richard Muir
I s proposed to be zoned for MF-1 use. The owner of
the tract has requested that the western part of the
tract be changed to B-2 zoning. The existing zoning
designation is local retail, the equivalent of which
in the new zoning ordinance would be B-l. The commission
recommends that the western sector of this tract be
zoned B-2 in conformity with the B-2 zoning in the
adjacent blocks with the eastern boundary of the B-2
zone to be in conformity with the immediate block to
the south.
6. The lot located at the southwest corner of Church and
Second Street and owned by 0. M. Gentle is recommended
to be zoned as SF-3. The owner has requested that the
zoning for the lot be returned to its existing local
retail or B-1 designation. City staff has recommended
and the commission accept the recommendation that
the lots fronting Second Street south of Church also
be returned to the existing B-1 designation rather
than the proposed light industrial zoning.
361.
Billye Hollingsworth was also present that she wanted
all their property to be zoned back to Industrial
across from Mrs. Gentle's property.
7. The proposed zoning map recommends that the existing
heavy industrial zoning be retained on the property
east of Railroad Avenue and south of McReynolds Road.
Several property owners in that area have petitioned
the council, the petition being attached, to change the
existing and proposed zoning of the property owned by
the petitioners to a residential district classification.
The Planning and Zoning Commission recommends that the
desires of the petitioners be recognized and that the
zoning for the tracts owned by the petitioners be
changed to SF-3.
Discussion followed on this item due to the fact that
some of the property owners had already changed their
minds from original petitions.
8. The owner of the lot located a.t the southwest corner of
Wood and Fifth Streets has requested that the zoning on
this tract be changed to B-2. The existing zoning is
R-1 (single family residential) and the proposed zoning
is SF-3, a residential zoning consistent with the
existing zoning of the area. The commission recommends
that the request of the owner be denied and that the
proposed zoning be retained. The denial is based on the
fact that the property is slightly in excess of two
blocks away from the nearest non-residential develop-
ment, and would constitute a spot zoning action and
establish a precedent for additional commercial zoning
action along Fifth Street in an area designated in both
the land use plan and in the proposed zoning map as
residential. The commission (floes recommend, however,
that the owner of the property be granted a waiver of
the provisions of section 35.6 of the proposed zoning
ordinance which relates to a discontinuation of a business
or vacancy of a building. The commission recommends that
the six month provision of section 35.6 be waived and
that a twenty-four month provision be substituted for
the six month provision with this variance being granted
only to that lot and no other property owned by
the individual.
The Treva Bell Anderson's property, Tract 77, also
requested to be left residential from original petition.
Motion was -made by Jerry Jenkins that on P. & Z.
recommendations on Item 1-5 tYiat it would be accepted
as presented. Seconded by Wendall Thomas. Motion carried.
Next in Gentle and Hollingswox-th's property - Hollingsworth's
property was to remain the same as was proposed on the
new map LI and Mrs. Gentle's property be returned to
B-1.
On properties of Mr. & Mrs. Sylvester Royal, 1241 B,
Sht. 2, Tract 78, Tract 85, Charles Freeman, Laisy Jones,
Tract 83, Samu.al Jones Sr., Tract 82, Helen Johnson,
Tract 86, Willie Mae Patterson, Tract 7, Annie Moore
Ridge, Tract 84, (Annie M. Punch, Tract 79), and
Mae Jones, Tract 81, all wanted to remain Industrial
with the exceptions of Mr. & Mrs. Sylvester Royal
(Georgia Royal) who weren't present to voice their
opinions and it was to be left Industrial with the
option for the property owners to come in and request
to be zoned Residential.
Wendall Thomas made the motion and seconded by C. G.
McNeill. Motion carried.
All .of the properties in #7 would remain as presently
zoned except for Tract 77. Anderson's property which
will remain as residential and also upon written
approval of Royal's property. Jerry Jenkins made the
motion. C. G. McNeill seconded. Motion carried.
362.
In #8 - Bill Enlow's property located at the southwest
corner of Wood and Fifth Street requested zoning be changed
on the tract to B-2. Existing zoning is Single Family
Residential and proposed is SF-3.
Recommendation from P. & Z. was that the six (6) month
provision of section 35.6 be waived and a twenty four (24)
month provision be substituted, but only to the existing
owner of the particular lot and only to that lot.
Discussion continued. Wendall Thomas made the motion to
accept P. & Z. recommendation. Motion died for lack of
a second. Council felt that Mr. Enlow has been a business
since 1946 and City Council felt that Mr. Enlow should
apply for rezoning and request B-2 zoning at no cost to
Mr. Enlow.
Lee did state that City Council should discourage commercial
development along 5th Street. The values of the homes in
that area would be affected by the zoning.
Steve Shutt stated that John Porter also had 27 acres and
30 acres on the northside of 455 and southside of 455 that
was requesting Commercial zoning.
On this item - instructions were that Mr. Porter be contacted
to apply for zoning change.
Motion was made by Jenkins to adopt zoning map as it is
presentlI pictured except for the change of the mobile home
park - that is a correction and for items 1-5 as recommended
by P & Z and previously approved and item 6 with changes
except for the petitions and the Anderson's property that
was left Residential and Mr. Enlow's property and Mr. Porter's
property who will be requesting zoning changes.
Motion made by Jenkins. Seconded by McNeill. Motion
carried. Motion carried with one no vote.
Discussion on thezoning ordinance followed. This item
to be on next agenda.
11. Consider and possible action on bids from contractors for
removal of trees grading of road and replacement of trees.
Steve Shutt addressed this
trees needed to be removed.
Low Bidder
Discussion followed.
ssue as to the
i
Bids had come
High Bidder
fact that the
in.
Don Hill stated that if the city would remove the trees, the
County could come in and take care of everything else.
Don stated that he needed to know at least by tomorrow to
be able to start.
City Council agreed that the city should attempt to let our
city crew remove the trees. Discussion.
Mayor Armstrong stated that the city should try to do the
work the most cost effective way there is.
12. Other Such Matters:
a. Mayor Armstrong asked if Brazos had sent a letter on
the right of way.
Steve Shutt replied thathe had been given verbal agree-
ment and Brazos had sent a letter.
13. Meeting adjourned.
363.
City..,,Se
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coca al
TESL:
MEMBERS
PRESENT:
Mayor
City Council
August 3, 1987
Mayor Nel Armstrong, Danny McDaniel, Wendall
Thomas, Carolyn Adkins, Jerry Jenkins, and
C. G. McNeill
OTHERS
PRESENT: Stephen K. Shutt, Rose Shuffield, Lee Lawrence,
Elaine Schad, Mervyn Tucker, and Etta Stogsdill
L. Mayor Armstrong called the meeting to order, led the
invocation, and the pledge to the flag.
2. Minutes of July 20, 1987 were approved as printed.
3. Disbursements - Jerry Jenkins made a motion to approve
the disbursements. Seconded by Carroll McNeill. Motion
carried.
4. No citizen input.
5. Consider and possible action on water well site.
Garland Cates addressed the issue on the water well site
and if there was anything they needed to do to assist.
Mayor Armstrong advised they were in the medst of a Planning
Grant and they were doing a study on future growth and maybe
within the next two or three months they would be able to
make some positive decision.
6. Consider and possible action on approval for the new zoning
ordinance.
Lee Lawrence made a presentation on this item.
Motion was made by Carolyn Adkins to accept the new zoning
ordinance. Seconded by Jerry Jenkins. Motion carried.
(a) Presentation of Subdivision Ordinance
Discussion - This item to be on the agenda for
August l5th.
7. Consider and possible action on formal recommendation for
the Landfill.
........_.
This item to be on agenda for city council on August 15, 1987
and put their suggestions in a for;n of formal recommendations.
I
, 8. Consider and possible action to repair Landfill Bulldozer.
Steve Shutt addressed the Council informing them that the
Bulldozer was going to be in need of repair but could operate
in the condition it is at a calculated risk sometime without
a�-,px-_ob1em.
Wendall Thomas did address the issue on how the city crew
needed to be taught how to maintain the bulldozer.
Discussion on the expense to repair the dozer continued.
C. G. McNeill made a motion that t:he man from Shaw Equipment
come down and teach a class on keeping the maintenance on
364.
the bulldozer and a maintenance record be maintained
and be kept daily. Seconded by Wendall Thomas. Motion
carried.
9. Consider and Possible Action on Appointment for the Utility
Board Members.
Mayor Armstrong stated John Henry is the only member whose
term comes up this year.
To be postponed and placed on the next City Council agenda.
10. Consider and Possible Action for Park Board Members.
Jackie Echols, Joe Higgs, and Sam Burrus are the only
members whose terms are up.
Jackie Echols and Ron McGuire were appointed to the Park
Board with the understanding that one more member be appoint-
ed to this board at the next City Council meeting.
11. Consider and Possible Action to adopt for approval of
Speed Zone Ordinance #07-87 (Presented Speed Zone on 455 on
July 6, 1987) .
Motion was made by Wendall Thomas to adopt Speed Zone
Ordinance #07-87. Seconded by C. G. McNeill. Motion carried.
12. Consider and Possible Action for Ovid Neal - Housing
Assistance Operator, Regarding Monthly Funds (Did not qualify
for Green Thumb).
Discussion. Jerry Jenkins made the motion that the city
pay Mr. Ovid Neal the current state rate for the allowed
period of up to one month up to the budget time, until
the City could review the funds if he was willing to stay
with the program. Seconded by Carolyn Adkins. Motion carried.
13. Consider and Possible action to Adopt TMRS Senate Bill #505.
Motion was made by Jerry Jenkins to update service credit
and provision on Senate Bill #505. Seconded by Wendall
Thomas. Motion carried.
14. Consider and Possible Action on Negotiations with Denton
from Rector Raod north to E.T.J.
Mayor Armstrong addressed this issue and stated Mayor Stephens
from Denton will work with the city on negotiations for
Rector Road being the dividing line.
Jerry Jenkins made the motion that the mayor continue negotiations
with the City of Denton in an attempt to get Rector Road as the
dividing line.Wendall Thomas seconded. Motion carried.
15. Consider and Possible Action regarding the Utility Department
purcha� ii�g a fuel tank for Diesel in the amount of $250.00
from R.L. Roberts construction,Inc.
:Steve Shutt advised Council this was a 110 gallon tank with an
electric pump. Discussion.
Motion was made by Jerry Jenkins that the money be allowed to
purchase the fuel tank for diesel if McMahan Oil Co. couldn't
furnish an oil tank as a loaner. Seconded by C.G. McNeill.
Motion carried with one -no vote.
16. Consider and Possible Action set a budget workshop. City
Council was in agreement to set a budget Workshop for Monday,
August 3,19870
17. Consider and possible Action regarding Keaton road Improvements
Extension of Contract.
Steve Shutt addressed this issue regarding an additional $161000.00
needed for the completion of Keaton Road.
Improvements - This is needed in case something does go wrong
if not it would cost approximately $12,5000000