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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 0 �z �. _ S 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