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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