11/18/1985-CC-Minutes-Regular191.
MINUTES: City Council
November 18, 1985
MEMBERS
PRESENT: Mayor Armstrong, Danny Spindle, Harvey W. Thomas and
Carolyn Adkins
MEMBERS
ABSENT: Jerry Jenkins, Freddy Inman
OTHERS
PRESENT: Stephen Shutt, Mary Jo Stover, Lee Lawrence, Bill Enlow,
Eileen Brittian, Georgia Royal, Merwyn Tucker, John Henry,
B. McMurray, Buddy Norville, Gene Huff, and Tommy Kincaid
1. Mayor Armstrong called the meeting to order, gave the invocation
and led the pledge to the flag.
2. The minutes of the November 4, 1985 meeting were approved as
printed.
3. Motion was made by Harvey W. Thomas to approve disbursements
in the amount of $18,160.46. Carolyn Adkins gave the second.
Voted unan.
4. Mayor Armstrong declared the 2nd public hearing open on the
annexation request of Bighorn Excavating and Grading Company.
Mayor Armstrong called for.those in favor of the petition to
speak. Mayor Armstrong gave the request three times. No
one spoke in favor of the petition. Mayor Armstrong called
for those in opposition to speak. None spoke in opposition.
The public hearing was closed.
5. Motion was made by Carolyn Adkins to adopt Ordinance No. 85-31
annexing 3 acres of land into the corporate limits of the City.
Harvey W. Thomas gave the second. Voted unan.
6. Mr. Lee Lawrence with Governmental Service. Agency was on hand
to discuss the proposed ordinances and any changes that the
city council requested be made.
7. City Manager Stephen Shutt gave a brief review of the process
of definitions and explained the different districts setout
by the planned development ordinance.
Mayor Armstrong pointed out that Section 5 had been. added.. In
a previous council meeting a citizen had stated that no provision
for change had been included in the ordinance. Section 5
allows for any change in use in an authorized Planned Develop-
ment District to be reviewed by P. & Z. and the City Council as
Long as it does not conflict with other ordinances. It also
rovides pfor a time limit.
Fees were discussed. It was noted that any change requiring
City Council action would be required to pay
under the original fee structure.
It was also noted that a maximum penalty of $1,000 had been
added for any violation of the ordinance.
Motion was made by Danny Spindle to adopt Ordinance No. 85-32
amending zoning ordinance no. 1964-2 providing for Planned
Development District. Harvey Thomas gave the second. Discussion.
Mayor Armstrong advised council that they had just discussed
amending the ordinance by adding the statement "Any change
requiring Planning and Zoning and City Council action will
require the original fee structure."
Danny Spindle withdrew his motion and Harvey Thomas withdrew
his second. Spindle made a new motion to adopt Ordinance No.
85-32 amending zoning Ordinance No. 1964-2 providing for Planned
Development District and adding the statement "Any change requiring
Planning and Zoning and City Council action require the original
fee structure." Harvey Thomas gave the second. Voted unan.
192.
ORDINANCE NO. 85-32
AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS,
AMENDING THE ZONING ORDINANCE OF THE CITY (ORDINANCE NO.
1964-21 AS AMENDED) BY PROVIDING FOR PLANNED DEVELOPMENT
DISTRICTS, ESTABLISHING CRITERIA FOR UTILIZATION OF SUCH
DISTRICTS; REQUIRING A SITE PLAN; SETTING A TIME LIMIT FOR
IMPLEMENTATION OF PLANNED DEVELOPMENT; ESTABLISHING CONDITIONS
AND CRITERIA REQUIRING COUNCIL REVIEW OF CHANGES IN PREVIOUSLY
AUTHORIZED PLANNED DEVELOPMENT DISTRICT; PROVIDING A PENALTY
FOR VIOLATIONS; PROVIDING FOR SEVERABILITY OF CLAUSES;
AUTHORIZING PUBLICATION OF THE DESCRIPTIVE CAPTION AND PENALTY
CLAUSE; PROVIDING A PENALTY NOT TO EXCEED FOR EACH OFFENSE.
8. Council discussed the zoning ordinance providing for Home
Occupations.
Mayor Armstrong stated that she only questioned the sign require-
ments. She asked could the sign be placed on the fence or
the structure? Discussion. Carolyn Adkins requested to know
if existing home occupations would be grandfathered? It was
stated that Planning and Zoning's feelings were that they should
be grandfathered. The city manager stated that they did not
have to grandfather any of the pre-existing businesses.
Lee Lawrence with G.S.A. did not recommend grandfathering.
It was agreed to look at all the home occupations within the
city before making a decision regarding grandfathering. It
was noted that the home occupation ordinance applied to
districts of Rl, R2 and R3 only.
Motion was made by Carolyn Adkins to adopt Ordinance No. 85-33
amending the Zoning Ordinance 1964-2 providing U.L.fHome
Occupations. Spindle gave the second. Discussion. It was
again called to council's attention that an amendment was
needed regarding the signs. Adkins withdrew the motion and
Spindle withdrew his second.
Motion was then made by Carolyn Adkins to adopt Ordinance
No. 85-33 amending the Zoning Ordinance 1964-2 with the follow-
ing change made to the ordinance.
Delete: (hh)., said sign to be non -illuminated and attached
to the structure in which the business is conducted.
Add: (hh)., said sign to be
to a fence or the structure from
be conducted.
Danny Spindle gave the second.
ORDINANCE NO.
non -illuminated and attached
which the business is to
Voted
unan.
85-33
AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS,
AMENDING THE ZONING ORDINANCE OF THE CITY (ORDINANCE NO.
1402-21 AS AMENDED) BY PROVIDING A PENALTY FOR VIOLATIONS;
PROVIDING FOR SEVERABILITY OF CLAUSES; PROVIDING FOR A
FINE NOT TO EXCEED ONE THOUSAND DOLLARS ($1,000.00) FOR
EACH INSTANCE OF VIOLATION.
9. Lee Lawrence addressed Ordinance No. 85-34 which provides
for a process to classify new and unlisted uses. Uses not
classified or addressed can be addressed in a procedural way.
Council called attention to the error in the numbering of the
section adding the new classification. The heading showed
Section 21A and the body of the ordinance showed Section 22A.
Lawrence to check to see which number is to be used.
Motion was made by Carolyn Adkins to adopt Ordinance No. 85-34
subject to determining the appropriate Section Number (21A or
22A). Danny Spindle gave the second. Voted unan.
193.
ORDINANCE NO 85-34
AN ORDINANCE OF THE CITY OF BANGER, DENTON COUNTY, TEXAS,
AMENDING THE ZONING ORDINANCE OF THE CITY (ORDINANCE N0.
1964-2) BY ADDING SECTION 21A PROVIDING A PROCESS FOR
CLASSIFYING NEW AND UNLISTED USES.
10. Ordinance 85-35 authorizing specific use permits was discussed.
It was agreed that Item (10) page 2 of the ordinance should.
be corrected to read as follows:
10. Mini -warehouse in Industrial (LI and HI) Districts
Motion was made by Danny Spindle to adopt Ordinance No. 85-35
as amended. Harvey Thomas gave the second. Voted unan.
ORDINANCE N0. 85-35
AN ORDINANCE OF THE CITY OF BANGER, DENTON COUNTY, TEXAS,
AUTHORIZING THE ISSUANCE OF SPECIFIC USE PERMITS; SPECIFYING
DISTRICTS AND USES FOR WHICH SPECIFIC USE PERMITS MAY BE
ISSUED; AUTHORIZING. THE ACQUISITION OF DATA AS NEEDED TO
EVALUATE APPLICATIONS FOR PERMITS; AUTHORIZING IMPOSITION OF
CONDITIONS TO PERMITS AS NEEDED TO PROTECT THE PUBLIC WELFARE;
REQUIRING APPROVED PERMITS TO BE REFERENCED ON THE ZONING MAP;
REQUIRING PERMITS TO BE CONSIDERED AS AMENDMENTS TO THE
ZONING ORDINANCE; ESTABLISHING A PENALTY FOR VIOLATIONS OF
THIS ORDINANCE NOT TO EXCEED ONE THOUSAND DOLLARS ($1,000.00)
FOR EACH INSTANCE OF VIOLATION; PROVIDING FOR SEVERABILITY.
11. Council discussed the recent legislation effecting municipalities
with regards to retroactive overtime payments and compensatory
time.
Motion was made by Harvey Thomas to postpone the effective
date of Ordinance No. 85-23 and the Resolution putting the
city into FLSA compliance until new information regarding
the legislative action is received and at that time the city
will amend or repeal the present instruments. Carolyn Adkins
gave the second. Voted unan.
12. Citizen Input - None
13. City Manager's Report -
(A) Advised council that he had been to a number of meetings
relating to water. Stated the city needs to look at
its utility system and do some long range planning.
Suggested a workshop between council and department
heads outlining programs and plans he wants city to
Took at.
14. Other Such Matters:
(a) Council requested to know the progress of the sewer
project. It was noted that it was coming along on
target.
(b) Mayor Armstrong stated that she or the city manager
would be doing a newsletter for the newspaper regarding
the new zoning ordinances just passed.
15. Mayor Armstrong convened the meeting into Executive Session to
discuss personnel.
16. Mayor Armstrong reconvened the meeting into open session.
With no action taken, Danny Spindle made the motion to adjourn
the meeting. Harvey Thomas gave the second. Voted unan.
City Secretary
Mayor