Loading...
05/21/1984-CC-Minutes-Regular42 MINUTES: City Council May 21, 1984 PRESENT: Mayor Armstrong, Benny Bridges, Danny Spindle, Freddy Inman, H. W. Thomas, and Carolyn Adkins OTHERS PRESENT: Lloyd Henderson, Mary Jo Stover, D. Innes, Alvin R. Keefer, Lyn Wilbanks, Rolen Snowden, Mrs. C. B. (Mae) Ausband, Evelyn Colston, Mrs. V. E. Morrow, Gene Morrow, Eunice Gray, Ricky Cherry, Don Harvey, Pam Harvey, Chuck Harvey, Herbert Arledge, Kenneth White, Delores White, Steve Dees, Alvea Cherry, Mickie Marshall, Bill Marshall, Jan Roche, Vickie Jenkins, Mary Prater, Helen Bounds, John D. Springer, Russell Madden, Sharon Edgar, Dickie Amyx, C. G. McNeill, Delores Coker, and John W. Coker 1. 2. Mayor Armstrong gave the invocation and led council and citizens in the pledge of allegiance to the American Flag. PZayor Armstrong opened bids for the Park Construction Program. Three bids were received and are as follows: Company Amount Completion Time (1) Roy B. Kincaid, Jr. $38,127.00 60 days (2) Foundation 31,832.00 45 days (3) M. W. Halpern 32,776.00 90 days Bids to be reviewed by Hunter and Associates, Inc. for any errors or clarification. Bids to be awarded at the June 4, 1984 regular meeting. Spindle made the motion to approve the minutes of the previous meeting. Adkins gave the second. Voted unan. 3. Motion was made by Thomas to approve the disbursements for the amount of $11,838.97 plus an additional approximate amount of $2,000 to Doug Powell for repair to the city's garbage truck. Inman gave the second. Voted unan. 4. Thomas made the motion to approve the Sanger Electric Capital Improvements for the amount of $6,363.82 for March '84. Adkins gave the second. Voted unan. 5. Mayor Armstrong requested that Lloyd explain to those citizens present the purpose of the Community Development Grant. Lloyd explained that the city council had voted to instruct Jack Russell, the city's grant consultant, to make application to the Texas Community Development Program for a Planning Grant. The planning grant would provide for funds in the approximate amount of $15,000. This plan would be a plan for future development of the city in the following areas:. (1) Economic Development - A plan to evaluate our economic resources, material to put in hand oft ose who wish to build here. (2) Downtown Business Improvement - Plan assessment to make downtown more attractive. (3) Community Development Plan - A plan which will continue to meet the needs of low income families. The Plan is the foundation. for what the city would do the second year. Lloyd further explained that a part of the procedure for making the grant application was that the city conduct two public hearings to provide citizen input into the grant 43 program. Mayor Armstrong opened the first of the public hearings and ask that citizens present provide suggestions, ideas and input for this plan. There were no comments from those present. Mayor Armstrong closed the public hearing. It was noted that the second public hearing on the grant would be held at 6:00 p.m. on June 4, 1984. Citizens are to meet at City Hall and then go to the Sanger Public Library which is located within the project target area. Citizens were urged to have their suggestions and ideas ready at the next public hearing. 6. Before declaring the public hearing open on Zoning Petition Z-65, Mayor Armstrong re-emphasized the guides for citizen participation. The Mayor declared the public hearing open and ask for those in favor of the petition to speak first. Bill Marshall, 213 Willow Street, spoke in favor of the petition. He stated that he had requested a zoning change so that he could put a gun shop in his back yard. He said that there was one house between his property and a Light Industrial zoned area. He stated he was requesting the change in order to help his grandson. He stated, "If there is anyway I deface or make our property less valuable, I would appreciate remarks." He said he couldn't afford to come to town and that he didn't mean to start a war. What he would be doing would be a retail business of reloading equipment material. Guns would be on a reordering basis. Few in stock. He stated h&-Oo' uld have sporting equip- ment for hunters, fishermen, and target shooters. He stated there would be no actual shooting in the area and that he would be under federal regulations. Marshall commented that back yard gun shops were nothing new. Councilwoman Adkins ask if he intended to keep the fence up. Marshall responded yes, and also stated that he had a security system. He said the gate would be opened for customer parking and the majority of his sales would be orders only of the catalog type. He stated that he was a member of the NRA and if anyone had a complaint that they could call NRA or the Feds. With no one else wishing to speak in favor of the petition, Mayor Armstrong called for the opposition to speak. Eugene Morrow, 202 South 3rd, spoke in opposition to the requested change. He stated he lived across the street from the Marshall's and did object to the change and requested to keep the area residential. Morrow requested that the city secretary read aloud the protest petition. It reads as follows and bears the signatures of those typed in these minutes. REF: John W. Marshall - Zoning Petition First of all we understand and sympathize with the Marshall's problem. Since Chuck Harvy may not be aware of 'all that it involves we feel that these things should be pointed out to him so that he will understand and hopefully not be -offended. Even though we sympathize, we nevertheless feel that this or any other business does nothing but decrease property values. If it was someone else they (the Marshall's) would feel the same way. It should be for the city to protect a residential area and refer such a person to one of our retail areas .4nstead of hard feelings having to be created between neighbors who probably will have to spend the rest of their lives next to one another. None of us should have to be placed in the position of 'neighbor set against neighbor'. We feel sure we have zoning and it ,should be enforced. Is that not what our tax dollars and city representatives are for? If this was a retail zoned area would we have spent our money building here? Would any of you? This neighborhood is in sad enough state as it is. We try to keep our property presentable, both for ourselves and those around us, for pride and self respect and respect for other people. It would be an imposition for us to do other- wise. Hopefully we do not impose on them in any other way. We feel that, if we had a business on our property, it would be an abuse, even on our own homes as well as neighbors. We would like to ask the members of the Planning and Zoning Commission - Chamber of Commerce - City Council - City Manager - Mayor - City Secretary or any other home owners anywhere: Would you want your neighborhood to be zoned 'Retail'? Have you taken a look (if not, please take the time to do so) at the city's streets in front of some of the businesses that you have granted permits? Look at all the damage that has been done to them by mail trucks on streets that have no curbs and gutters and therefore 'not in shape to handle' this kind of abuse in the first place. Then wait until a good rain comes and the carrier is well stuck in the mud and tearing it up further before making your observation. We are not trying to be contrary, we are concerned citizens who would like to take pride in our neighborhood and city and would like tooee every inch of it looking as beautiful as each of us can make it. Also we understand that rent on the buildings down town is in a price range which should be quite affordable, if not as convenient, to Chuck and to the Marshall's. Gene Morrow has been asked to serve on the clean-up committee, (getting old falling down houses out and the lots cleaned) which is what he is doing, but is effortless for any of us to work to clean up one corner and vote to destroy the next. Therefore, while our sympathy is with them we feel that our vote should be an impartial one and be what is best for the people as a whole (not one) and for the betterment of our neighborhood and our city. Hopefully instead of being offended they can appreciate this, because we can see as well as you can, that the Marshalls and Harveys take pride in their own homes as well, and they too can see for themselves what spot zoning does. Mrs. C. B. (Mae) Ausband Kenneth White Bessie Enlow Est. W. L. Enlow Dolores White Bill McReynolds Bobbie Morrow Myrle McReynolds Gene Morrow Ray Belcher Mary Jo Banks (Howell) Mike Pennington B. Perry Howell, Jr. Mary Burrows Mr. & Mrs. Ken Corley Evelyn Colston Ernest E. Ford Don Harvey requested rebuttal and it was granted. He stated if retail reduces property value to ask Mrs. Pennington how she feels about having the newspaper office next to her. He stated that the people against this change were in the minority, that most in the neighborhood was in favor of the gun shop. The Marshall's presented a signed petition of citizens for the change. Morrow stated he was willing to compare petitions. Mrs. Mae Ausband was recognized and allowed to speak. She stated she owned property in the area, and appreciated the fact that the Marshall's had gone about the zoning change properly. She asked the question, "Are we going to be a neighborhood or a business?" She again stated she appreciated all the Marshall's had done but she was against the change. Councilman Spindle ask if there was a "special use" section in the city's zoning ordinance. Under a special use, the city could set a limit on how long they could operate, even in a zoned area, instead of changing zoning forever. Discussion. 45 Don Harvey reminded council that P & Z had recommended approval of the change. Mr. Harvey was advised that P & Z was a recom- mending board only, that the final decision would be Councils'. Mary Burrows requested if the zoning was allowed that the city should make Willow Street a one-way street. Gene Morrow stated that parking along Willow Street would create a problem. Adkins ask if the city could give a temporary zoning? Lloyd advised her there was nothing in the city ordinance for temporary zoning. Mrs. Evelyn Colston stated she was against the change. Mrs. Bobbie Morrow brought up the Mary Prater zoning and Mayor Armstrong informed Mrs. Morrow that the Prater case was not the issue here. Spindle spoke with regards to the issuance of a temporary permit with a time limit specified that would revert back to the original zoning. Lloyd advised council that the city should check with the city attorney regarding the law about item not covered under the city's ordinance. He further reminded council of the protest against the change signed by 20% of the property owners. Lloyd explained that it would take a 3/4 vote in favor to pass. Mrs. Marshall stated that she had gotten a petition of those in favor of the zoning change and mentioned there were names on her list that was not on the list mailed to the property owners within 200 feet. Discussion. Lloyd stated the law does not speak of those in favor of but does speak regarding the opposition. Mayor Armstrong declared the public hearing closed. Adkins made a motion to table Planning and Zoning's recom- mendation and see if legally a temporary permit could be issued. Spindle gave tl-esecond. Discussion. Bill Marshall stated he would like to have a motion for or against. He did not want to consider a temporary permit. Voting for the motion one. Motion failed. Mayor Armstrong called for a motion to accept Planning and Zoning's recommendation to approve the petition. No motion was made in favor of or against the recommendation. Item died for lack of a motion. 7. Motion was made by Bridges to adopt ordinance No. 84-5 estab- lishing a Utilities Board. Inman gave the second. Voted unan. ORDINANCE N0. 84-5 AN ORDINANCE AMENDING CHAPTER 102 OF THE CODE OF ORDINANCES OF THE CITY OF BANGER, TEXAS, ENTITLED UTILITIES BOARD; TO PROVIDE FOR THE ESTABLISHMENT OF A UTILITIES BOARD; DEFINING THE POWERS AND DUTIES; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR A PENALTY FOR VIOLATION. 8. Spindle made the motion to appoint Ralph Cole, Carroll McNeill, John Coker, and Herbert Arledge to serve on the Utility Board. Bridges gave the second. Voted unan. The Utilities Board Ordinance states that the Board will consist of five (5) members. Mayor Armstrong requested newly appointed board members to consider a nominee. They requested Council to consider Marland Knight. Mayor Armstrong requested that Mr. Knight be called and see if he would be willing to serve. Item to be placed on next council agenda. 9. Motion was made by Bridges to appoint Nel Armstrong to the 46 Industrial Development Corporation Board to fill the vacancy left by Lindon Carr. Adkins gave the second. Voted unan. 10. Mayor Armstrong read aloud a letter to council from Mr. Don Poole, Vice President of the Federal Land Bank Association of Denton. Mr. Poole requested in his letter that the city grant a variance of noncompliance on Lot 10, Block I, Hillcrest, Section II and that a letter be issued reflecting that no action will be taken in the future to correct the noncompliance. Motion was made by Inman to grant the variance and requested the city manager to write the letter. Bridges gave the second. Voted unan. 11. Fire Chief Merwyn Tucker met with council to discuss the future needs of the fire department. It was noted that the pumper truck would be 30 years old in 1986 and would lose its certification at that time. Merwyn stated that he and Lloyd had met with a representative from Fire Appliance Company and the estimated cost for replacement would probably be around $100,000. Lloyd stated the purpose of coming before council was to get direction on how to proceed. Since 1986 is only a year and a half away immediate planning for a capital item of this nature is necessary. Spindle stated that the old truck still works great and could be re -certified for a 5 or 10 year period. Re -certification however for the shorter period would still cost $30 or $40 thousand dollars. Discussion. Mayor Armstrong instructed Lloyd to bring council avenues to pursue regarding replacement of the truck. 12. Motion was made by Inman to adopt Ordinance No. 84-2 amending the Mobile Home Ordinance. Adkins gave the second. Voted unan. ORDINANCE N0. 84-2 AN ORDINANCE AMENDING CHAPTER 3, SECTION 7 OF THE CODE OF ORDINANCES OF THE CITY OF BANGER, TEXAS ENTITLED MOBILE HOME ORDINANCE DEFINING CERTAIN WORDS: PROVIDING FOR THE PARKING OF MOBILE HOMES AND TRAVEL TRAILERS, EXCEPTIONS: REQUIRING A PERMIT TO OPERATE, CONSTRUCT, ALTER OR EXTEND ANY MOBILE HOME PARK,.ESTABLISHING PERMIT REQUIREMENTS, A MOBILE HOME PARK PERMIT FEE, A PERMIT TRANSFER FEE:. ESTABLISHING MOBILE HOME PARK REQUIREMENTS: RESPONSIBILITIES OF MOBILE HOME PARK OCCUPANTS: MOBILE HOME DEVELOPMENTS DESIGNED FOR HOME AND REAL ESTATE SALES: COMMERCE AND BUSINESS ACTIVITY, THE LEGALITY OF EXISTING MOBILE HOME PARKS AND THEIR COMPLIANCE WITH CERTAIN SECTIONS OF THIS ORDINANCE: SPECIAL USE PERMITS:. REVOCATION OF PERMIT: PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR A PENALTY FOR VIOLATION. Lloyd advised council that he would continue working toward getting the information about clearing the taxes before a mobile home could leave town. Inman requested that Lloyd check into a joint enforcement betweenthe city, school, and I ounty. 13. Mr. Don Innes, representative of handed out a revised copy of the results of the questions posed at He called council's attention to page of the ordinance. They are Section VII, paragraph 4 Centel Telephone Company ordinance reflecting the the previous council meeting. the new language on the last as follows: Beginning on April 1, 1989 and every five (5) years there- after for the term of this agreement, the city may review the percent of the annual gross receipts paid by the company and 47 may adjust the percent in accordance with, but not in excess of, the legally allowable limit. Section IX, paragraph 1 All rights and privileges granted hereunder shall be and remain in full force and effect for and during the term of twenty (20) years from and after its effective date, which shall be the date of filing of the written acceptance of this ordinance by the company in the manner hereinafter provided. Mr. Innes stated that with the new agreement the telephone company would have a commitment from the city to re -coup its capital and the city would have control to increase the franchise. Extended Area Service was discussed. Bridges requested that a statement regarding extended area service be added. Mr. Innes stated that Centel had no objection to making the statement as long as they could note that it was governed by the PUC. He informed council that before any tariff such as the EAS was changed that the city would receive notification by letter and also publications for a certain number of times would run stating their intent to change. Item tabled for further review. 14. Eddie Romines, Chairman of the Community Center Park Committee presented an amendment of the policies governing the use of the Sanger Community Center as proposed by the Community Center Park Committee. The hourly rate was changed from $12.50 to $5.00 or $50 per day. He stated the committee felt this was more in line for people of the community. Freddy Inman questioned Item No. 4 with regards to policy on refunding money. Bridges asked for more black and white guidelines on refunding cancellations and Romines stated that these changes could be made by amendment to the policy. Motion was made by Bridges to adopt the policies governing the use of the Sanger Community Center. Adkins gave the second. Voted unan. Delores Coker, secretary to and representative of the Sanger Chamber of Commerce spoke on behalf of the Chamber. She reviewed the Chamber Minutes (of 9-15-82) which authorized $4,000 to be paid to the City toward the purchase of the Community Center building, and which also spoke of the handling of the building and how they would work with the City. The 10-5-82 minutes stated that Nel Armstrong would be spokesperson for the Wednesday Study Club and work with the city. She stated that the Wednesday Study Club be coordinator of the facility (decorating, over- seeing, catering, and raising money to be put back into the facility). It was noted that Earl Ross had made a motion that the Wednesday Study Club be made coordinator of the building and Mrs. Coker stated that Lloyd Henderson had agreed. She stated that the Chamber wanted to let the city know that they were behind the committee. The building is just sitting there and they would like to see more going on. She asked the city to work with the Wednesday Stub Club if they are interested in coming back with their request. Russell Madden stated that all groups should be able to cooperate long enough to accomplish things, that the city should accept the gift on face value and use the facility. He asked, "Why are we unable to do anything?" It should not take two years to get the operating rules. Eunice Gray stated that she had been a part of the center and knows what goes on more than anyone else. She stated that four days a week she and other senior citizens take lunch at the center and enjoy the meals through the SPAN program. She stated the facility was being used and she felt the city was doing a beautiful job. Mayor Armstrong noted the council's eagerness to work and cooperate with other groups and to see that the building was put to good use. She encouraged Eddie Romines and his committee to continue their work on behalf of the center. 15. Councilmembers set Tuesday, May 29, 1984, 6:00 p.m. the date for a Special Called Council Meeting. 16. John Springer represented Sharon Edgar on her request for a Quit Claim Deed. Springer stated he was in the process of selling the property for Mrs. Edgar and it was noted that her swimming pool and fence were outside her property line and on city property. Springer presented letters from L. G. Gentle and Jimmy Sebastian along with Edgar's asking for the quit claim and that the fence which had been constructed some 10 years ago serve as the boundary. Utility easements were discussed. Council stated the easements would have to remain. Springer stated he had not secured a survey because he wanted to get council's tentative approval before proceeding because of the extra expense of the survey. Item to be placed on a future agenda. 17. Other Such Matters: (a) Lloyd advised council that the city had closed its moratorium on receiving wire and banding material at the Landfill. (b) Inman asked Lloyd if the city was responsible for the mowing at the Community Center? Lloyd stated yes, and he would see it got mowed. 18. Council conducted a workshop with representatives from Lone Star Gas Company regarding their rate increase request. Meeting Adjourned. City Secretary MINUTES: City Council (Special Called Meeting) PRESENT: Mayor Armstrong, Carolyn d Adkins, H. W. Thomas, Freddy Inman, anBenny Bridges ABSENT: Danny Spindle and Mary Jo Stover UTILITY BOARD MEMBERS PRESENT: C. G. McNeill, John Coker, and Herbert Arledge OTHERS PRESENT: Bill Thogmartin, Shelton Cook, Lloyd Henderson, and Etta Stogsdill Mayor Armstrong opened the meeting with a prayer. 1. Mayor Armstrong noted to the council that Marland Knight was nominated to serve on the Utility Board; however, he cannot serve. Mayor Armstrong noted two names had been mentioned to serve on the board and they were Jerry Jenkins and John Anderson. Inman nominated Jerry Jenkins, seconded by Adkins. Vote carried. Lloyd Henderson contacted Jerry Jenkins during meeting.