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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 198. 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