12/16/1985-CC-Minutes-Regular196.
MINUTES: City Council
December 16, 1985
MEMBERS
PRESENT: Mayor Nel Armstrong, Jerry Jenkins, Danny Spindle,
Freddy Inman, Harvey W. Thomas, and Carolyn Adkins
OTHERS
PRESENT: Steve Shutt, Mary Jo Stover; Harold Easley, Fay
Marshall, Bill Marshall, Benny Erwin, Rev. Skip
McNeal, Bud Hauptmann, B. McMurray, Richard Brown,
Danny Fulkerson, Stanley Day, Buddy Norville,
Tony Wright, Rose Shuffield, C. G. McNeill, and
Don Waddell
1. Mayor Armstrong called the meeting to order. Rev. E. L.
McNeal, Pastor of the First Baptist Church in Sanger, gave
the invocation and Mayor Armstrong led the pledge to the
flag.
2. The minutes of the December 2, 1985 meeting were approved
as printed.
3. After discussion of several items on the disbursements,
Jerry Jenkins made the motion to approve the bills in the
amount of $101,015.29. Harvey W. Thomas gave the second.
Voted unan.
4. Harvey Thomas made the motion to approve the final subdivision
plat on Lots 1, 2, & 3, Block E, Extension of Easley Addition
for Harold Easley. Freddy Inman gave the second. Voted unan.
5. City Manager, Steve Shutt, recommended that council approve
the final plat for Snider Estates with the stipulation that
no building permits be issued until the easements were secured.
Mr. Bud Hauptmann, Engineer for Snider, wanted to know if
the easement could be handled as a separate document. He
was told yes. Mr. Hauptmann explained the dimension errors
and how they had occurred. Discussion.
Harvey Thomas stated that he didn't feel that we should hold
the developer up on construction of the entire subdivision
because of the easement needed on the north boundary. Thomas
made the motion to approve the final plat with the stipulation
that no building permits could be granted on the north lots
until the 72' working easement was given by Snider. Carolyn
Adkins gave the second. Voted unan.
6. Motion was made by Carolyn Adkins to approve the preliminary
subdivision replat of Lots 6B & 7B,.Block 15, Burgess Addition,
for Fay Marshall. Harvey Thomas gave the second. Voted unan.
7. Mayor Armstrong informed council that the Sesquicentennial
Committee had asked to be sanctioned by the Texas Sesquicen-
tennial Commission in Austin. That a community would be
officially recognized as a Texas Independence Community
if it met certain criteria. One of the requirements was
that the coordinating committee be recognized by a formal
resolution of the city council. Those on the Coordinating
Committee are: Betty Jenkins, Chairperson, Eunice Gray,
Kammie Patten, Craig Snider, Jim Coulson, John A. Porter,Jr.,
Helen Bounds, and Mayor Nel Armstrong.
Motion was made by Harvey Thomas to adopt the resolution
formally recognizing the committee. Jerry Jenkins gave the
second. Voted unan.
8. Mayor Armstrong explained in order to get sanctioned there
was also the requirement for a master Plan. She read the
following planned activities stating the activities would
be scheduled from June 29 through July 5.
1. June 29 - Non -denominational Church Service, Football
Field
20 June 30 - Old Fashioned Box Supper
197.
3. July 1 - Hay Ride to recreate trail drive down ole'
Chism Trail, Bar-B-Que Dinner at Chism Ranch
with Pony Express Contest and entertainment
by Bobby Reed and his band
4. July 2-3 - Arts & Crafts Fair and Old Fashion Carnival,
cake walk, recreate school house and home
from 100 years ago. Ask for donations.
5. July 4 - Contest for oldest home, tree, family, etc.
with renaming a Street. Ceremony by Mayor.
6. July 5 - Big Parade, contests, fair .exhibits from
days gone by, etc. See additional sheet for
parade information.
7. Fund raisers will be cookbooks, calendars, wrestlers,
concerts, cake walks, white elephant sale, raffles, golf
tournament, Bingo, concession stand, sweat shirts, and
memorabilia.
8. Cross section of Community Participating. Care Inn making
arts and crafts.
9. All monies to be donated to City for revitalization Program.
10. Sale of personalized bricks to raise money and revitalize
downtown.
11. Planting wild flowers around the city.
Motion was made by Carolyn Adkins to adopt the resolution
adopting the Sesquicentennial Master Plan. Harvey Thomas gave
the second. Voted unan.
9. City Manager, Steve Shutt, discussed Ordinance No. 1-20-72 as
applicable in the city's extraterritorial jurisdiction with
regards to Indian Springs Subdivision and Choctaw Ridge Phase II.
Shutt explained that Indian Springs Phase II had come before
the city council and the city deferred to the county subdivision
regulations and said if the county would approve that it was o.k.
County did that in Phase I. Benny Parrent did not follow thru
until recently with final plat. The county told him he
would have to get a letter from the city. Shutt stated he
responded to the request and John Roberts kicked it back.
City received the letter included in the council packet from
the Commissioners Court stating, "The Commissioners Court has
reviewed the plat of Indian Springs Phase II and has denied
approval pending clarification from the City of Sanger." Shutt
stated that the city had actually deferred a section of the
ordinance that the city shouldn't have and the county acted
on it and shouldn't have. Same thing occurred in Choctaw
Ridge. Shutt stated that the county specs were not all
that different from the city except on curb and guttering.
The county does require hard surface on streets. Shutt
stated that the county had a practice whereby individual
precinct commissioners can grant a variance for the roads.
That causes a problem for cities. The City will inherit
the problem of paving in the future. The county is of
the opinion that they are the authority in the E.T.J. The
city is of the opinion that they are the authority. It was
stated that the city and county could have to share. Shutt
stated that no one could put in a subdivision with less
specifications than the city requires. Shutt stated that
he had an appointment with commissioners court regarding
this issue. County is only the authority in the absence
of the city. The county cannot keep a city from filing a
plat. Stated he found no provision in the law that addresses
that. If property is in the city or E.T.J. and the city
subdivision regulations are as stringent as the county's and
more then the city approves, and when we accept the plat
we accept it in for the city as well as the county. Shutt
reiterated, "Who is the Authority?" He told council that
it was their legal duty to take charge of the E.T.J. matter.
Shutt stated that the city should never give up what sooner
or later will become a part of the city.
Shutt stated that Indian Springs needed clarification of the
city's position.
Carolyn Adkins stated that a drainage problem existed in
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Phase I. The city shouldn't let it happen again in
Phase II. Discussion.
Mayor Armstrong asked the council if they were going to
stick with the ordinance and deal with the E.T.J. or remove
that section from the ordinance.
Freddy Inman stated he felt the city needed to control the
E.T.J.
Mayor Armstrong stated that the city had just taken in lots
of acreage in its E.T.J. She recommended that at any time
something comes into those areas that the city would keep
in mind their needs.
Shutt recommended that the city inform the county that the
city's E.T.J. will be enforced by the city when they are
in excess of the county's requirements. The only variance
they will be interested in in the two subdivisions is curb
and guttering, streets, and possibly fireplugs.
Shutt stated that one law case (State Law) that the county
has nothing to say. One case states that the county can
have second approval along with the city. If the city's
specifications are equal to or in excess of the county's
right to approve, there is nothing but to say yes it's o.k.
John Roberts can say something about it as to form. Kick
it back until it is of proper form. Discussion.
Motion was made by Carolyn Adkins to direct the City Manager
that the City of Sanger subdivision regulations are to be
enforced in the extraterritorial jurisdiction as amended
with the ability to grant variances and that it is the
intent of the city to fairly and equally enforce the regulations
both in the corporate limits and extraterritorial jurisdiction
of the city as amended. Danny Spindle gave the second.
Voted unan.
10. Motion was made by Jerry Jenkins to adopt Ordinance No. 85-36
Amending Ordinance No. 1-20-72 to add a section entitled
"Variances." Danny Spindle gave the second. Voted unan.
ORDINANCE NO. 85-36
AN ORDINANCE AMENDING CHAPTER 8 ADDING SECTION 6 TO
CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF SANGER,
TEXAS, ENTITLED VARIANCES, PROVIDING FOR REPEAL OF ORDINANCES
IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE, PROVIDING
FOR AN EFFECTIVE DATE; AND PROVIDING FOR A PENALTY FOR
VIOLATION.
11. Motion was made by Danny Spindle that the city accept the
letter from the Library Board transferring the Sanger Public
Library Contents to the City of Sanger. Harvey W. Thomas
gave the second. Voted unan.
12. C.P.A. Tony Wright presented the audit for fiscal year 1984-
85. Wright stated that the city had just about broken even.
That the overall net worth increased to approximately $25041 0
Wright stated that the city was in a stronger position this
year than last year. He stated that the major improvement
dealt with Sanger Electric System. Discussion.
Motion was made by Freddy Inman to table action until
council had time to review the audit and discuss any questions
with Wright. Danny Spindle gave the second. Voted unan.
13. Motion was made by Danny Spindle to accept Mrs. Joanne
Shipley's resignation and appoint Rose Shuffield as Municipal
Judge. Freddy Inman gave the second. Voted unan.
Mayor Armstrong advised council that they had not included
pay in the motion.
Motion was made by Danny Spindle to amend his motion stating
that he motioned to accept Mrs. Shipley's resignation and
appoint Rose Shuffield as Municipal Judge with an increase
in salary from $100 to $125 per month for 24 hour on call
199.
availability. Inman gave the second. Voted unan.
Steve informed those present that a proper swearing in by
Mayor Armstrong would be conducted at the next court date
which is on Wednesday, December 18th,
14. Motion was made by Jerry Jenkins to approve Change Order
No. 1 on the Sewer System Rehabilitation Project for Bell
Constructors, Inc. Total amount of the change order to be
$1371.20. Carolyn Adkins gave the second. Voted unan.
-- 15. Citizen Input:
Mayor Armstrong informed Carroll McNeill in the audience
that the problem on Keaton Road would be fixed around
the first of the year. Stated that she, Carolyn Adkins, and
the City Manager had looked at the problem, that it was a
city street and the city would fix it.
Shutt advised McNeill that he needed to be looking at extend-
ing Loop 138 into the trailer park. Discussion.
16. City Manager's Report:
(a) Shutt explained to council that a few utility bills
had been estimated by previous employees which were
caught by present employees. One or two were high.
A letter is being written to the customer explaining
what has happened and if they request a refund the
city will be issuing them a check. Estimated cost
from $97-$110.
(b) Shutt stated that he had been reviewing the STAR
Cable Franchise. He stated that the Cable Company
did not furnish the city with the amount of insurance
the franchise calls for. Stated the franchise calls
for 48 hour response and they don't do this. The company
used city poles and were not told about it. Their
service is very poor. Shutt informed council that he
was planning to hold a public hearing and then if the
company did not meet the requirements that it was time
to get tough.
(c) Council needs to be thinking about a communications
system.
(d) Council needs to be considering at least four (4)
additional employees over the next two (2) or three
(3) years for the police department. A lock -up
facility and shift needs.
17. Other Such Matters:
(a) Jerry Jenkins requested to know if the policy that
Shutt set out to the department heads regarding
purchasing was in his opinion being complied with.
Shutt stated to his knowledge that it was.
18. Motion was made by Harvey Thomas to grant a variance from
25' to 15' on a back lot setback at 105 W. Holt Road, H.
Tierwester Survey. Danny Spindle gave the second. Voted
unan.
With no other business to come before the council, motion
was made by Harvey Thomas to adjourn the meeting. Jerry
Jenkins gave the second. Voted unan.
City Secretary
Mayor