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08/20/1984-CC-Minutes-RegularMINUTES: City Council August 20, 1984 PRESENT: Mayor Nel Armstrong, Benny Bridges, Danny Spindle, Freddy Inman, Harvey W. Thomas, Carolyn Adkins ABSENT: Lloyd Henderson OTHERS PRESENT: Mary Jo Stover, Pat Ficorilli, Jerry Jenkins, Leslie Browning, Jan Roche, Roy Taylor, Ron McGuire, R. L. Roberts, Herbert Arledge, C. G. McNeill, and Prentice Preston, Mayor Armstrong gave the invocation and led the pledge to the flag. 1. The minutes of the August 6, 1984 regular meeting and the August 14, 1984 Workshop were approved as printed. 2. Motion was made by Bridges to approve disbursements in the amount of $22,150.00. Adkins gave the second. Voted unan. 3. Adkins made the motion to approve Sanger Electric Capital Improvements in the amount of $3,214.18. Spindle gave the second. Voted unan. 4. Mayor Armstrong advised council that Lloyd had been unable to complete the budget revisions before he left on vacation. She stated there were some additional changes needed and requested the item be tabled until the next council meeting. It was agreed. City Secretary was advised to readvertise hearing notice. 5. Consideration was given to Zoning Petition Z-68 for Roy Taylor regarding Lots 2 and 3, Block 47, Original Town of Sanger be changed from R-1 (Single Family) to LB (Loca1 Retail). The Mayor stated that Planning & Zoning voted to recommend the zoning change to Local Business for the purpose of using the property for a photographic studio only. Should Taylor sell his property or use it for business purposes other than a photography studio, the LB zoning would become null and void and would revert back to single family. Mayor Armstrong advised council that she had talked with the City Attorney about this and that it was illegal. To zone in this manner would require a Home Occupation permit which the City's Ordinance does not have. She stated if council zones it, it will be zoned period. Roy Taylor spoke stating he wanted his property completely zoned so there would be no if, ands, or buts about it. He questioned why the zoning map showed some single family zon- ing where businesses are operating and that have been used for many different businesses over the years. He stated he did not want to go into his business illegally. He plans to build landscape scenery etc. Ron McGuire, a neighbor, stated he had no objection to the photography studio but was opposed to future possibilities. Carolyn Adkins asked Taylor if he knew what the Home Occupation Permit was. Taylor responded that he did. Mayor Armstrong told Taylor she appreciated the fact that he was trying to go about the zoning right. Inman stated he didn't oppose it but stated he didn't parti- cularly like it. Bridges recommended that the petition be sent back to P & Z for another hearing. He stated that they need to look at it again with no alternative. Discussion. Motion was made by Bridges to return Zoning Petition Z-68 to P & Z for a rehearing and advise them that the property cannot be zoned as they have said. Inman gave the second. Voted unan. Petition was re -scheduled for the September llth P & Z meeting. 6. The resolution authorizing the Mayor and City Manager to get a Certificate of Obligation to purchase equipment and materials for Sanger Electric was tabled. Items c and d of the resolu- tion were in question. 7. The Mayor stated she had contacted Earl Ross regarding their paving request at the elementary school. He stated the school board had not done anything about it. Item passed over. 8. Motion was made by Inman to appoint (1) Jim Bob Kline; (2) Dale Moorehead; and (3) Curtis Ralph Amyx to the Sanger Police Reserve unit. Thomas gave the second. Voted unan. 9. Council discussed the preliminary subdivision replat of Lot 1, Block 1, of the M. R. Burleson Survey, Tract 71, for S. & I. Investments. The proposed use designation as requested by council in a prior meeting was shown on the corrected plat. It was noted that the 2.7181 acre tract would be single family. Utilities were discussed. Mayor Armstrong stated that this was a preliminary plat and the utilities could be checked out before the Final Plat is approved. Motion was made by Thomas to approve the Preliminary Single Lot Subdivision for S. & I. Investments. Adkins gave the second. Voted unan. 10. Motion was made by Adkins to appoint John Henry to the Sanger Utility Board. Thomas gave the second. Voted unan. 11. Mayor Armstrong advised council that the Park Board had met on August 13, and voted to recommend to council that the property owned by Steve Hollingsworth not be considered for a future park site and the property being requested for Quit Claim to Hollingsworth and Graham be granted. Motion was made by Inman to accept the Park Board recommendation to grant the Quit Claim Deeds to Steve Hollingsworth and Troy Graham and adopt Ordinance Nos. 84-17 and 84-18 declaring same. ORDINANCE N0. 84-17 AN ORDINANCE ABANDONING A PORTION OF AN UNOPENED FIRST STREET EXTENDING SOUTH FROM PLUM STREET A DISTANCE OF TWO HUNDRED FEET (200') AND BEING TWENTY FEET (201) IN WIDTH AS SHOWN BY THE MAP OR PLAT THEREOF ON RECORD IN THE OFFICE OF THE COUNTY CLERK OF DENTON COUNTY, TEXAS AND SAID PORTION OF FIRST STREET LYING WITHIN THE CITY OF SANGER IN DENTON COUNTY, TEXAS, AND TERMINATING PUBLIC MAINTENANCE THEREOF AND AUTHORIZING THE MAYOR AND CITY SECRETARY OF THE CITY OF SANGER, TEXAS TO EXECUTE A QUIT CLAIM DEED TO THE PORTION OF SAID STREET TO SIEVE HOLLINGSWORTH SUBJECT TO CERTAIN CONDITIONS AND DECLAR- ING AN EMERGENCY. ORDINANCE N0. 84-18 AN ORDINANCE ABANDONING A PORTION OF AN UNOPENED FIRST STREET EXTENDING SOUTH FROM PLUM STREET A DISTANCE OF TWO HUNDRED FEET (200') AND BEING TWENTY FEET (20') IN WIDTH AS SHOWN BY THE MAP OR PLAT THEREOF ON RECORD IN THE OFFICE OF THE COUNTY CLERK OF DENTON COUNTY, TEXAS, AND SAID PORTION OF FIRST STREET LYING WITHIN THE CITY OF SANGER IN DENTON COUNTY, TEXAS AND TERMINATING PUBLIC MAINTENANCE THEREOF AND AUTHORIZING THE MAYOR AND CITY SECRETARY OF THE CITY OF SANGER, TEXAS TO EXE- CUTE A QUIT CLAIM DEED TO THE PORTION OF SAID STREET TO TROY GRAHAM SUBJECT TO CERTAIN CONDITIONS AND DECLARING AN EMERGENCY. Thomas gave the second. Voting for were:. Inman, Thomas, Adkins, and Spindle. Bridges abstained. Motion carried 4-0. 12. Mayor Armstrong discussed the zoning change needed on the Roberts Park Addition from Local Business to Single Family. She advised council they could go ahead and approve the plat and they proceed to initiate zoning change proceedings. Mayor Armstrong asked Roberts if he objected to the change. Roberts stated he did not object. Bridges questioned Roberts regarding drainage. Roberts stated the drainage had been worked out and was presented in his con- struction plans. Electrical utilities were discussed. Carrol McNeill asked how much the capital investment was going to be. It was not known ley the Mayor stated she would find out. Motion was made by Thomas to approve the Final Plat on the Roberts Park Addition and to initiate zoning proceedings to R-1 (Single Family). Spindle gave the second. Voted unan. 13. Motion was made by Bridges that the City of Sanger join with other General Law .Cities to support legislation that would increase the annexation powers of general law cities. Adkins gave the second. Voted unan. 14. Council discussed the following request for information by the Sanger Utility Board as outlined in their letter to the Mayor on August 9, 1984. First, we cannot find a current formal written agreement or contract between Brazos and the City of Sanger concerning the change -over. Second, we understand that Brazos is to provide electricity. Question. At what cost and how long? Who will set the fuel adjustment cost? Third, there should be an inventory list of equipment pur- chased from Brazos and how much it cost. There should also be a total inventory list of all equip- ment and supplies agreed to in the "change -over" with Brazos. 71 Mayor Armstrong responded to the questions. (1) She stated the City has had a contract with Brazos since 1962. It is a con- tinuing contract whereas the City or Brazos would have to give a three year notice. The contract is good through December 31, 1984. (2) She stated that the City will purchase power from Brazos and Brazos is working on a contract now. Council was given contracts from two other cities that could be used for a comparison when the Brazos Contract is received. Mayor Arm- strong advised council that the city would be a wholesale pur- chaser. Bridges stated that the PUC would set the fuel adjust- -- ment rate. (3) Sanger Electric has all the inventory listed by item. The electrical board was also given copies of the contracts from the two other cities served by Brazos. Mr. Arledge stated this would be plenty of material to work with. Jerry Jenkins stated he did not think that the contract from 1962 was an on -going contract. He stated the Board felt like with Brazos getting out of management that the city needed a contract going into the change -over. Mayor Armstrong stated that Brazos has promised to help the city out in an emergency and she felt that this should be in- cluded in the contract. She stated that the city could post- pone the change -over for two months or go ahead and make the change on September 1, 1984. Should the Brazos employees not elect to join the City employees, since some have long term seniority and other benefits, that the city could pay their salaries and Brazos would allow them to stay here to help the city until the change -over is complete. 15. Motion was made by Adkins to approve plat for Neham Investments with the llth Street, that the directions on that all utilities be located in the the second. Voted unan. the preliminary bdivision su stipulation they cannot cut the plat be corrected, and easement. Bridges gave 16. Motion was made by Adkins to change the next council meeting to September 4, 1984, due to the Labor Day Holiday. Inman gave the second. Voted unan. 17. 18. Other Such Matters: (a) Mayor Armstrong stated that she had read where Judge Buddy Cole had requested the county commissioners to make a list of 10 items that they want or need, so that they could plan for them. She asked that the council and city department heads make a list of items they would like to have and need and get it to her. She said at present the city is talking about needing a new fire truck, a police car, a sanitation dumpster and park equipment. She feels the city should be making plans now to meet these needs. She stated the plan could be over a 5 to 10 year period, but that the city needs should be looked at now. (b) Jerry Jenkins requested stepped up patrols around the schools this year. He stated there was total disregard for the one-way street signs and parking. Discussion. Crossing Guards, Reserve Officer Use and other means to combat the problem was discussed. Benny Erwin to try and get the problem handled. Council convened to Executive Session to discuss personnel. 19. Council reconvened to open session and with no action to be taken the meeting adjourned. Meeting Adjourned. ty Secretary