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.