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05/06/1985-CC-Minutes-Regular136 MINUTES: City Council May 6, 1985 PRESENT: Mayor Armstrong, Gerald Jenkins, Danny Spindle, Freddy Inman, H. W. Thomas, and Carolyn Adkins OTHERS PRESENT: Lloyd Henderson, Mary Jo Stover, Jack Burkholder, C. G. McNeill, Prentice Preston, Herbert Arledge, John Coker, B. McMurray, James Popejoy, Benny Erwin, Jerry Don Linn, Don Waddell, Ben Terry, Dennis and Linda Hewlett, Teddy Barclay, Tina Tucker, Sue Masten, Bill Thogmartin and Mary LaRue. 1. Mayor Armstrong called the meeting to order. Lloyd Henderson gave the invocation and led the pledge to the flag. 2. The.minutes of the previous meeting were approved as printed. 3. Motion was made by Adkins to approve disbursements in the amount of $10,253.55. Spindle gave the second. Voted unan. 4. Motion was made by Thomas to adopt Ordinance No. 85-7 annexing 26.743 acres of Abstract 1241, H. Tierwester Survey for Craig Snider. Inman gave the second. Voted unan. ORDINANCE NO. 85-7 AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUCXJS AND ADJACENT TO THE CITY OF SANGER, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 26.743 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE HENRY TIERWESTER SURVEY, ABSTRACT NO. 1241, DENTON COUNTY, TEXAS, CLASSIFYING THE SAME AS SINGLE FAMILY RESIDENTIAL DISTRICT; AND DECLARING AN EFFECTIVE DATE, 5. Zoning Petition Z-77 for Jerry Jenkins and Prentice Preston was discussed. Mayor Armstrong noted that the property described as Tract 47, H. Tierwester (Old County Tract 92) had already been zoned Local Retail in its entirety. Past Mayor Ken Cornell had submitted a letter verifying that the zoning included the entire tract. Jenkins and Preston submitted a letter withdrawing their request for change. Motion was made by Spindle that the City Council write a letter to Mr. Jenkins and Mr. Preston which states that this City Council upholds the action taken by the previous Council and that Tract 47 (#92) is zoned Local Retail. Thomas gave the second. Voted unan. 6. Council discussed the final replat of Block 9 of the Hampton Addition for Ben Terry. Inman stated he felt there was definitely a problem with the way the lots were drawn up. It was noted that with no turnaround or cul-de-sac that visitors .would have to back down Walnut Street to turn- around. Thomas stated ifF Ithe adjoining property owners parked their vehicles on the street the owner's property would be blocked. Discussion. Mayor Armstrong asked Terry if he had checked with a loan company to see if they would grant a loan on either of lots 6 and 8. He stated he had not. Mayor Armstrong stated that council needed to decide exactly what they want Mr. Terry to do. A variance on the street was discussed. Terry stated he did not want to build a street. Terry stated that he had been before Council several times and each time made changes. He stated it had cost him quite a bit of money making the changes. Discussion. Spindle wanted to know how Terry planned to have access into the property? Jenkins stated his feelings would be to grant a variance on the curbing and guttering of the street. Thomas stated he was required to curb and gutter interior streets and other builders were required also. He stated the city had an ordinance and should follow it. Inman stated the Council should give Terry some options they 135 (1) Dennis Hewlett met with council to protest the Junk Vehicle Ordinance. He stated he felt the exceptions were too vague. Hewlett described his vehicles as follows: 161 Chevy Panel Truck, '62 Chevy Pickup, and a '65 Chevy Station Wagon. These vehicles are not licensed or inspected and they have not been dismantled. He stated he cleaned and mowed his property. He asked council, '.'what is a public nuisance?�� He stated is my property (cars) a public nuisance or is whats across the street from me a public nuisance. He distributed pictures to council reflecting the conditions of the area. Mayor Armstrong stated she agreed with Hewlett that the ordinance does need some clarification. Mayor Armstrong suggested that the problem be placed on the next council agenda. Hewlett stated his time expired on Wednesday (April 17th) and did he have to comply. Jenkins suggested to Hewlett that he get a letter to the Chief of Police requesting a public hearing before council. Hewlett stated he would. Hewlett then stated that two months back the city electric crew had pulled their vehicles through his ditch when it was muddy and left large ruts. The ditch belongs to the state but Hewlett keeps it mowed. Now it is impossible to mow because of the mess. He stated he had contacted the city twice about getting it straightened out and nothing had been done. Lloyd advised council that he was aware of the problem, that it was a state highway ditch but the city had messed it up and the city would take care of the problem. Hewlett further went on to ask council," If the city makes a written contract with an individual, does the city carry it out?" (reference here was made to an agreement between the City Electric Department and Ben Harvey). Lloyd stated that he had talked with Don Waddell and Waddell had talked with Ben Harvey and Harvey said it was o.k. for the pole to stay. Council advised Lloyd to check on this and get something in writing from Mr. Harvey. (m) Teddy Barclay, 116 Southpark Ct., also protested the Junk Vehicle Ordinance. Barclay stated his vehicle was not being dismantled, but that he did have to go and have the vehicle licensed and would he have to continue to be out the expense in the future. He stated the car was not being driven now, that he was saving it for his kids when they became driving age. Discussion. Danny Spindle explained the police department's position. Jerry Jenkins stated that he did not agree with the Ordinance, that it needed clarification. Inman stated the city needed some type of control. It was noted that those wishing to protest need to submit a letter to the Chief of Police and the item would be considered at the next meeting. Motion was made by Inman to adjourn the meeting. Spindle gave the second. Voted unan. City Secretary Mayor 137 would be willing to accept. It setbacks were shown on the plat. WE noted that no building Motion was made by Inman to deny the final replat of Blk. 9, Hampton Addition and that Council agree with what is acceptable for that property and write Mr. Terry a letter of the require- ments. Spindle gave the second. Voting for were Inman, Jenkins, Spindle and Adkins. Voting against was Thomas. Motion carried 4-1. 7. Motion was made by Jenkins to approve the final plat of Choctaw Ridge Subdivision for Don Holson. Thomas gave the second. Voted unan. 8. Motion was made by Inman to grant the 8 foot variance on the back lot set back (from 25' to 17') for Larry Masten, 205 So.5th. Adkins gave the second. Voted unan. 9. Questi.ons were raised by Council on the Tucker. request to build a carport on the front of his garage leaving a 3 foot distance to the front property line. Spindle stated that everybody else had to comply with setbacks and yet the Tucker's would be using their property out to the easement. Mrs. Tucker stated that they had closed in their garage and needed the carport. Inman asked if the Tucker's had any intentions to cover the sides. Mrs. Tucker stated, "no, I sure don't." It was noted that the carport would extend over the existing driveway and that variances had been granted all over town. Motion was made by Adkins to allow the variance for the Tucker's to build an open carport as requested. Jenkins gave the second. Voting for were Adkins, Jenkins, Thomas, and Inman. Voting against was Spindle. Motion carried 4-l. 10. Dennis Hewlett met with Council to discuss his reasons for contesting the junk vehicle order he received from the City Police Department. Mayor Armstrong asked Hewlett why he contested the order. He stated his vehicles were antiques, that he was not taking any parts off them, not trying to let them lay around so grass could grow over them, "my opinion the son -of -a -guns are worth saving." He stated all were over 25 yrs. old and could be considered antiques. Inman suggested Hewlett get an antique title for the vehicles stating the vehicles were ticketed for no current inspection and no current tags. Chief Benny Erwin stated he did feel like Hewlett had an antique in the1955 Station Wagon but questioned the panel truck and pickup. He stated they had no tires or wheels. Erwin stated anyone preserving a vehicle should want to keep it inside out of the weather - that Hewlett had a garage he should store the vehicles in. Jenkins commented about a site barrier fence. Chief Erwin stated he thought Hewlett was having trouble with the term "junked vehicle," it is a "public nuisance." Mayor Armstrong commented, "who is to say what is a junk car or antique car." Erwin wanted to know why Hewlett didn't pull the vehicles up into the garage or fix them or use them. Hewlett stated the pickup could be registered and that it Motion was made by Jenkins to give Hewlett 30 days to clean up the situation. At the end of 30 days the item is to be put back on the council agenda for review. Inman gave the second. Voted unan. �e3E:3 Mayor Armstrong expressed her thanks to Chief Erwin for his Letter of report on the junk vehicles and the good job he had done. 11. Mr. Bill Thogmartin met with Council to represent Lone Star Gas in their request for a rate increase. Thogmartin went over the background of the rate request. Lone Star is requesting a rate increase of 5.730. Inman wanted to know if Lone Star would be going to Pilot Point and when. Thogmartin stated yes, on June 14th. Inman wanted to know why Sanger was paying more than Pilot Point and Justin. He said Sanger's invested capital was more and laughingly said Sanger never gives what Lone Star ask for. Mayor Armstrong compared 1983 test year against 1984 test year and had numerous questions for Thogmartin. Debt Service gas costs, Invested Capital, Operation, and Maintenance Expense, Taxes, Test Years, Winter & Summer Rates, and Terminology (Adjusted Actual & Service) were discussed. Some of the explanation was unclear. Mayor Armstrong stated she and council were trying to see if Lone Star really did need an increase. Mr. Thogmartin suggested that council could hire an independent consultant to do a rate study or appoint a committee. Thogmartin went over the time process if council wished to delay action further. He requested that council make a list of questions they had and that Lone Star would respond to them in writing. He also requested one person on Council to meet with Lone Star. Discussion. Carroll McNeill stated that the Utility Board had asked Lone Star to bring a list of the cost of gas to other cities. Thogmartin had this information and passed out the following information: BASIC CUSTOMER CHARGE DENTON DISTRICT City Winter Summer *Argyle Residential $ 5.00 Commercial 8 .0 0 *Aubrey Residential $ 6.00 $ 4.00 Commercial 10.00 6.00 Corinth Residential $ 5.00 Commercial 8 .00 Denton Residential $ 4.50 Commercial 7 .50 Justin Residential $ 5.00 Commercial 8 .00 *Krum Residential $ 6.50 Commercial 10.50 6.50 *Ponder Residential $ 3.97 Commercial 7.22 Pilot Point Residential $ 5.00 Commercial 8.00 *Shady Shores 4.00 Residential $ 6.00 $ Commercial 10.00 6.00 139 Sanger Residential Commercial $ 6.00 10.00 *Cost of Service Adjustment Effective 5-6-85. Argyle Aubrey $ .29 Krum $ .32 Ponder $ .29 Shady Shores $ .37 Mayor Armstrong wanted to know at the end or before the 30 days we (the city) approve, what is the effective date?" Thogmartir_, "30 days after approval." Inman requested that two councilpersons and two Utility Board members get with Lone Star to work out questions and study rate increase request. Motion was made by Adkins to suspend action. Jenkins gave the second. Voted unan. Council instructed Lloyd to consult a rate consultant. 12. Herbert Arledge, represented the Utility Board on their request and recommendation to council to consider a recovery fee on capital investment. Mayor Armstrong noted that it could not be called a recovery fee but an "impact" fee. The mayor read the following recommendation. Recommendation #14: That the City Council adopt an ordinance in reference to recovery fees from developers of subdivisions, both residential and commercial. These fees would be used to recover part of the City's cost in the extention of city streets, services, utilities, etc. to these sub- divisions. Motion was made by Inman to accept the Utility Board's recommendation to consider the adoption of an ordinance to recover cost on capital investment. Adkins gave the second. Voted unan. 13. The Utility Board further recommended the following: Recommendation #15: That the City Council adopt a Density Zoning Ordinance in order to .regulate future land additions to the City of Sanger. DZotion was made by Jenkins to table the item for further study. Inman gave the second. Voted unan. 14. Council reviewed a list of Committees and Boards which were appointed by the city. Three committees had completed 1,111eir task and needed to be terminated. They are the: (1) (2) Fire Ordinance Committee Danny Spindle J. P. Hampton Merwyn Tucker J. C. Landers Craig Waggoner Don Waddell Community Center_ Policy Committee Tommy Kincaid Carolyn Adkins Chet Switzer Robert Swaim, Jr. Steve Hollingsworth Eunice Gray Nan Anderson (3) Building Standards .Committee J. C. Landers Benny Johnson 140 Faye Morrison John Gray Jeff McNeill Gene Morrow Council agreed to write a letter of appreciation to each member, invite them to council, and present a certificate of appreciation. A notation to be added at bottom of letter asking if they would be willing to serve on other committees . Motion was made by Thomas to terminate the three committees and present them with certificates of appreciation. Inman gave the second. Voted unan. 15. Motion was made by Thomas to appoint Michelle Mullins to the Senior Center Committee. Jenkins gave the second. Voted unan. Mayor Armstrong stated when the Senior Committee meets, she plans to ask them to come up with the names of two men willing to serve with them. 16. Lloyd again discussed the mapping invoice with Council. He stated there was another negative side. It seems there is an additional $3,846.49 charge that the city was not informed about until now. This is on the planning study. $4600.00 3846.49 $8446.49 5398.41 $13,844.90 Allocated by Council & paid Due on Planning Study Cost of Maps Total Cost of the Study Lloyd stated the new item had taken him by surprise. He stated that he and Don Waddell felt the city needed to purchase the maps. He said he asked David Reinke how long would Brazos continue to go back and come up with old bills. Mayor Armstrong stated and he told her it was that she had talked with Lindon Carr Lloyd felt if the city purchases the maps that Brazos should share in the expense since it was their error. Nel advised council of the Brazos Workshop on Monday, May 20th. She encouraged as many go as could and try to get something worked out. Motion was made by Thomas to pay the Brazos Invoice for the Mapping in the amount of $5,398.41. Inman gave the second. Voted unan. 17. Council convened to Executive Session to discuss Personnel and Real Estate. 18. Council reconvened to open session. 19. Motion was made by Adkins to grant $50. weekend pay to the employees in the Public Works and Electric Departments that have a telephone. Motion died for lack of a second. No other motions were made. 20. Motion was made by Inman to hire Herbert Arledge as City Building Inspector on a per unit basis of $50 ea. Thomas gave the second. Discussion. It was noted that the inspectors fee would be in addition to the building permit fee. It was noted that the inspector would be required to do three inspections (1) the foundation inspection (which the lot line setback inspection the city manager is doing now would be made a part of) (2) frame inspection and (3) the Final Inspection. Don Waddell will continue to do the electrical inspections. Voted unan. 141 21. Motion was made by Adkins to hire Roderick Turner on a permanent basis in Water Department and increase his pay from 3.50 per hr. to 4.50 per hr. Pay to be retroactive to April 29, 1985. Inman gave the second. Voted unan. 22. Motion was made by Thomas to grant a leave of absence to Bonnie Davis from June 3, 1985 to August 5, 1985 and to continue to pay her insurance for this period. No salary will be paid and no benefits will accrue. Adkins gave the second. Voted unan. Motion was made by Thomas to grant an increase in salary to Billy Cardwell in the electric department from $6.00 per hour to $7.14 per hour. Raise retroactive to April 29, 1985. Jenkins gave the second. Voted unan. 23. Lloyd updated council on the relocation of the Santa Fe Depot. Lloyd, Mayor Armstrong, and Joe Higgs met with Dan Creson and his family and the Cresons' are willing to pay for the relocation of the depot and set it on the Y-Not Paper Company land east of Wilson Lumber Co. The city would use half of the depot for a library and the Cresons' would use half as a Crystal Outlet Shop. Legal details on city lease of the land etc. would have to be worked out. The Cresons' have asked that the children's section of the library be named after Mrs. Creson. Mayor Armstrong noted the many positive aspects of the Creson family and stated they were very stable financially. She felt they were going to be a great asset to Sanger. Lloyd stared that they had come to council for direction to pursue the possibility or to let it drop. It was the general =census of council to pursue the possibility if legal details could be worked out. 24. Motion was made by Thomas to adopt Ordinance 85-8 adopting the Standard Building Code and Standard Fire Prevention Code. Adkins gave the second. Voted unan. ORDINANCE NO. 85-8 AN ORDINANCE TO ADOPT INSPECTION ACTIVITIES 25. No citizen input. 26. Other Such Matters: VARIOUS STANDARD (a) Mayor Armstrong called council's attention to the 1985 Leadership Institute for Mayors and Councilmembers, June 20-23, 1985 in Galveston. She stated she planned to attend and if others were going advise staff so reservations could be made. (b) Workshop with Brazos scheduled for Monday, May 20th. 27. In the absence of Mr. Les Schafer, Lloyd explained the variance for sewer lire construction that he was requesting. Lloyd drew a diagram on the black board. The existing line is 10 feet deep. The Schafer's are wanting to extend the sewer line across the frontage of their property and they are afraid they will hit rock. They want to tie on and go to 7 feet. Discussion. The public works director stated going 7 feet would break the hydraulic level and should not be allowed to do this. Motion was made by Inman to deny the variance request. Thomas gave the second. Voted unan. Motion was made by Spindle to adjourn the meeting. Inman gave the second. Voted unan. 142. City Secretary MINUTES: MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT. Special Called May 15, 1985 Mayor City Council Meeting Mayor Armstrong, Danny Spindle, Jerry Jenkins, and Carolyn Adkins Wendall Thomas and Freddy Inman Lloyd Henderson, Mary Jo Stover, and Dan Almon 1. Mayor Armstrong declared the Special Called Meeting open and gave the invocation. Dan Almon, financial advisor, gave a brief concept of financing of the Utility Revenue Bonds. The Bonds total to $845,000 of which $290,000 were voted. It was noted that the City of Sanger has a Baa Bond rating. The payout on the bonds will be 16 years. The average annual principal and interest requirements will be $236,693 which includes prior debt service. Almon discussed the requirements for financing, arbitrage, and debt service. Council set the dates of May 23rd and May 30th for the publication dates of the city's intention to issue revenue bonds. The Special Called meeting was set for June 12, 1985 at 7:00 p.m. Danny Spindle made the motion to adopt the resolution authorizing publication of notice of intention to issue City of Sanger Utility System Revenue Bonds, Series 1985, in the Principal Amount of $555,000. Carolyn Adkins gave the second. Voted unan. Danny Spindle gave the motion to adjourn. Jerry Jenkins gave the second. Voted unan. City Secretary Mayor MINUTES: City Council May 20, 1985 PRESENT: Mayor Armstrong, Jerry Jenkins, Danny Spindle, Freddy Inman, H. W. Thomas, and Carolyn Adkins. OTHERS PRESENT: Lloyd Henderson, Mary Jo Stover, Glenn Shaw, J. C. Landers, Fred Henry, C. G. McNeill, Bob Roberts, Benny Erwin, Don Waddell, B. McMurray, Mary LaRue, Mr. & Mrs. Bud Hauptman, Mike Norman, and Stuart Hertgodt.