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10/03/1983-CC-Minutes-Regularor MINUTES: City Council October 3, 1983 PRESENT: Mayor Ralph Cole, Benny Bridges, Danny Spindle, Wendall Thomas, and Carolyn Adkins ABSENT: Freddy Inman OTHERS PRESENT: Lloyd Henderson, Mary Jo Stover, Debbie McGuire, Joyce Elrod Parrent, Erma M. Dunn, William B. Dunn, Mary Frances Smith, Frank A. Smith, Jeff McNeill, Tenia Hoops, Lorrain E. Aitken, Martha McNeill, C. G. McNeill, Gene Hughes, Betty and Bill Rice. 1. The minutes of the previous meeting were approved as printed. 2. Motion was made by Thomas to approve disbursements in the amount of $24,566.84. Bridges gave the second. Voted unan. 3. Zoning Petition Z-61 - Gene Hughes - Mayor Cole declared the Public Hearing on Zoning Petition Z-61 open for comment. Mayor Cole laid the ground rules for the hearing by requesting that each individual wishing to comment would raise their hand and be recognized. Mayor Cole called for those in favor of the petition to speak. No one commented. He asked for those in opposition to speak. Joyce Parrent was recognized and asked if the Mayor and Council had received the formal protest of .the proposed change. The Mayor responded yes. Mrs. Parrent stated she felt the pro- test was self-explanatory. Mayor Cole stated he did not want Council to feel intimidated by the protest and would later in the meeting comment to the protest. C. G. McNeill asked if it would be open and the Mayor responded yes. Gene Hughes commented that only people living in the city limits should have the right to complain against the petition. He stated he paid city taxes. Mayor Cole explained the legal requirements to send notice to those within 200 feet. Mr. Hughes requested to know who all had received letters. The list was furnished to the Mayor and read aloud. Tenia Hoops asked, "Isn`t Sanger a Class C City0 Mayor Cole stated he had always felt Sanger was a "Class A" City. She stated their attorney stated that the City had to consider those within two miles because of the extra -territorial juris- diction. Mayor Cole explained the City of Sanger's extra- territorial jurisdiction was one-half mile. Frank Smith stated he did pay taxes in the City and also utilities. Mayor Cole declared the public hearing closed. Mayor Cole explained to Council that protest submitted by an attorney, Don there were some things in the protest speak to. the opposition did have a R. Windle. He stated that he would like to Item No. 1 ".... in the general area" should be "adjacent to." Item No. 2 was read by Mayor Cole with emphasis on the word surrounding which he pointed out would also include an exist- ing Mobile Home Park. In Item No. 3 the Mayor stated the Master Plan was passed in 1915 and that the City is in no way obligated to follow the Master Plan, that it was an engineer's conception. Mayor Cole spoke to Item 4 and stated that no new homes had been built within l0 years until this year. With reference to Item No. 6, Mayor Cole stated that "Deed Restrictions" were of no concern to the City. Mayor Cole advised the Council that they should vote the way they felt was best for the City; that the land along the highway was not good for residential property. That Joyce Parrent would understand, since she is in real estate, whether she would admit it in Council or not. C. G. McNeill stated that he was the owner of the Mobile Home Park and he had 65 existing vacancies with room for 120 more. He felt no more zoning was needed for Mobile Homes at this time. Mrs. Parrent stated if we have that, that should be sufficient. Mr. Hughes stated if the city refused to zone his property they would be refusing his rights to let him build a Mobile Home Park where one already exist. Tenia Hoops spoke out and stated Mr. Hughes had just said something about discriminating against his rights, what about their rights as homeowners. Mayor Cole stated that all of those comments should have been presented during the public hearing. He called for a motion from Council to accept or deny the Planning and Zoning's recommendation. (P & Z's recommendation was to deny Petition Z-61.) Motion was made by Councilman Thomas to overrule Planning and Zoning's recommendation and allow the change. Council- man Bridges gave the second. Voting for were:. Bridges and Thomas, voting against was: Spindle. Adkins abstained. Motion passed 2-1. 4. Mayor Cole stated he had reviewed the amended antenna site lease agreement with the RAM Broadcasting Company and felt there were still changes that needed to be made in the agreement. Mayor Cole's comments were directed to Item Nos. 1 and 8. He 7 was concerned because of the police antenna that was on the tower. Lloyd explained that the police antennas had been relocated on a tower at City Hall. Item No. 8 refers to Right of Self -Help. Mayor Cole emphasized that even by an Act of God, the City would not be relieved of its liability. Mayor Cole requested that Lloyd get a copy of the F.C.C. approval for the antenna to be placed on the tower and make it a part of the lease agreement and change item No. 8. 5. Councilman Bridges asked for action on the Ordinance to designate certain streets by the Middle School as one-way to be delayed for further study. It -was agreed. Item to be placed on next Council agenda. 6. Lloyd went over a display of photos of .playground equipment (types and prices) which he had prepared for Council. He told Council that the Texas Parks and Wildlife Department had asked for the construction plan for the proposed park at the Presbyterian Church site. The plan has to be prepared by a certified engineer (such as Hunter) and the engineers need to know what type of equipment and type of facilities the City wants to develop before they can submit a plan. Total funds for the project is $41,750. Discussion. Lloyd to check further about sizes and prices of tennis courts. Item to be placed on next Council agenda. 7. Council reviewed the HUD Audit for FY'1982-1983. Council directed questions regarding the auditor's comments on compliance and internal control to John White, CDBG Director. Questions regarding rental rehabilitation payments made to the landlords without tenants and the payment of certain property taxes for the recipients of the relocation grants were asked. Council was given a memo from White explaining reasons for actions taken. Mayor Cole requested White get a letter from HUD to docu- ment their responses on these items. It was agreed. 8. Council adopted a Resolution nominating City Secretary, Mary Jo Stover, as nominee from the City of Sanger as candidate for the Denton County Single District Appraisal Board. 9. Motion was made by Councilman Bridges to adopt Ordinance 83-9 requiring a $100.00 fee be paid in advance of taking the electricians test. Councilman Thomas gave the second. Voted unan. AN ORDINANCE AMENDING CHAPTER 3, SECTION 4D (3) (2) OF THE CODE OF ORDINANCES OF THE CITY OF BANGER, TEXAS, ENTITLED ISSUANCE OF MASTERS OR JOURNEYMAN ELECTRICIAN'S LICENSE; PROVIDING FOR A REPEAL OF ORDINANCES IN CONFLICT, PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR A PENALTY FOR VIOLATION, 10. Other such matters: (a) Lloyd discussed fees and wording for dumping tires at the new landfill site. Council requested Lloyd amend fees and wording and present to Council. (b) City Staff was advised that a street sign was down at the corner of David and I-35. (c) Comments were made on the tax statements from the Denton Appraisal District for the Mobile Homa . owners that listed only the last names. Mail problems exist. Staff advised Council that this was being corrected. Bridges made the motion to adjourn. Voted unan. Meeting Adjourned. Spindle gave the second. yor MINUTES: City Council October 17, 1983 PRESENT: Mayor Cole, Bridges, Spindle, Inman, Thomas and Adkins OTHERS PRESENT: Lloyd Henderson, nary Jo Stover, Debbie McGuire, Lane Henderson, Tony Reedy, John Briner, Jay Swartz, Nell Rita Eggert, Dena Sons, Ann Springer, Bob McAdams, C. G. McNeill, Traci Adkins, and Felicia Adkins. 1. Mayor Cole declared the public hearing open to consider the petition for annexation of Mr. and Mrs. J. L. Wright. No- one spoke in favor of or in opposition against the petition. Mayor Cole declared the public hearing closed. 2. The minutes of the previous meeting were approved as printed. 3. Motion was made by Bridges to approve the disbursements in the amount of $12,771.86. Inman gave the second. Voted unan. 4. Motion was made by Inman to approve Sanger Electric Capital Improvements in the amount of $9,215.80. Thomas gave the second. Voted unan. Bob McAdams, Principal of the Middle School, spoke to council on behalf of the Student Council to request the city consider making 7th and Peach Streets one-way between the hours of 7:45-8:30 a.m. and 3:00-3:45 p.m. Bridges stated that the school buses caused more trouble than the flow of traffic. He further stated he was not sure that making the streets one-way would solve the problem. Mayor Cole asked McAdams if there was anyway the buses could load out of the parking lot at the back of school. McAdams stated that it was not large enough. The school has six bus runs with all changes being made at the Middle School. He stated he had hoped the parents would pick their children up on the north side of the building, but instead they pick them up on the west end where the buses load. Lloyd asked McAdams if there would be any possibility of backing the buses into the alley between the gym and the old school (at least two buses). Mr. McAdams felt this might work and he would certainly look into the possibility. Times were considered and discussed. Council felt the times should be kept uniform with the elementary school one-way area. It was agreed that the hours that 7th Street becomes one-way will be between 7:30-8:30 a.m. and 3:00-4:00 p.m. during school days. It was further agreed that Peach Street would not be made one-way at this time. Motion was made by Adkins to adopt Ordinance No. 83-10. Thomas gave the second. Voted unan.