02/03/1986-CC-Minutes-Regular209.
MINUTES: City Council Meeting
February 3, 1986
MEMBERS
PRESENT: Mayor Nel Armstrong, Jerry Jenkins, Danny Spindle,
Freddy Inman, Harvey W. Thomas and Carolyn Adkins
OTHERS
PRESENT: Stephen Shutt, Mary Jo Stover, Don Waddell, Burl Bourland,
Benny Parrent, C. G. McNeill, Danny McDaniel, Frank Millar,
Rick Brown, B. McMurray, J. C. Landers, Herbert Arledge,
Buddy Norville, James Alexander, Benny Erwin, Ray and
Jayne Forrester, and Keith and Mary Burdick
1. Mayor Armstrong called the meeting to order. Brother James
Alexander with the First Assembly of God Church in Sanger gave
the Invocation. Mayor Armstrong led the pledge to the flag.
2. The minutes of the January 20, 1986 minutes were approved with
one correction. There was no second denoted on the motion on
Item No. 6. Correction to be made.
The minutes of the January 29, 1986 Emergency Called Meeting were
approved as printed.
3. Various items on the disbursements were discussed for clarifica-
tion. Mayor Armstrong stated that she and the:City Manager had
discussed Items #15, 34, and 36 and had agreed that they should
be switched over to the Park Department Fund since the city would
be getting some additional grant monies. (Staff so instructed.)
Motion was made by Harvey W. Thomas that disbursements in the
amount of $43,890.02 be approved for payment. Jerry Jenkins
gave the second. Voted unan.
4. Mayor Armstrong declared the lst Public Hearing open to discuss
the proposed annexation of 12.175 acres, AB. 1241, H. Tierwester
Survey for Burl Bourland. Mayor Armstrong called for any
opposition to speak. None spoke. Mayor Armstrong called for those
in favor of the annexation to speak. None spoke. Mayor Armstrong
declared the public hearing closed.
It was stated that the next public hearing was scheduled for
February 17th.
5. Council discussed the waiving of plat fees on the Indian Springs
Subdivision Phase II for Benny Parrent. Mayor Armstrong stated
that at the last city council meeting Benny Parrent had mentioned
that he had paid the requested plat fees. Parrent did not feel
he should be required to pay the fees since the council
relinquished the rights to the area back in 1978. Mayor Armstrong
stated that Jerry Jenkins had done some research on this and she
called on Jerry to give his report. Jenkins stated that he had
gone through the '77 and 178 council agendas and minutes and
gathered information and after comparing all the mapsin the front
office and plats with the minutes he stated that he did not
believe that Phase II was ever a part of the original Indian
Springs Subdivision. He stated that he did not feel that Indian
Springs Phase II ever came to council as a platted subdivision.
Parrent stated that Phase II had never been presented to council
as the platted subdivision as it is today. He stated that back
in '78 the whole 60 acres that was bought was approved as a
subdivision but no plat was approved. Discussion.
Motion was made by Jerry Jenkins that the request of Benny Parrent
to waive the plat fees of $150 on the Indian Springs Phase II
be denied. Danny Spindle gave the second. Voted unan.
6. Motion was made by Harvey W. Thomas to approve the final single
lot subdivision plat on Lots 1 and 2, Block 12, Sullivan West
Addition for L. R. Gray. Carolyn Adkins gave the second. Voted
unan.
7. Council discussed the preliminary subdivision plat of Lots 2A
and 2B, Block 56, Original Town Survey for Frank Millar.. Mayor
Armstrong expressed concern over the size of the lots. Stated
210.
it seemed that the city continued to allow smaller and smaller
Lots. That these two lots would be 1400' under the city's 6000
square foot minimum. Stated she was anxious to see a house
built there but the city should be careful and at some point
should say you can't go any smaller.
Jerry Jenkins stated that in the past most of the variances
that the city had granted in the older part of town had been more
square footage. Stated that by dividing the two lots the city
would be turning one good lot with potential into two 4500 square
foot lots with limited use. Jenkins felt the city would be making
a mistake in allowing the variance.
Shutt stated by going on the basis of setbacks the city had
approved several lots with setbacks at 8' on the back and no more
than 20' on the front. He stated he did not see the difference in
the square footage of the lots as being that significant.
Discussion. Shutt noted that this lot had better setback arrange-
ment than the last two plats that had been presented to council.
He stated as to the configuration that the square footage of the
Lot was not as important as the setbacks. Discussion.
Millar was questioned regarding the existing house. He was
asked if he planned to remodel the two story existing house.
Millar answered yes. He also stated the outside carport would
be taken off.
Jenkins stated the setbacks was not a problem with him. That his
objection was that the city would be creating two undersized lots
by at least 1500' each.
Mayor Armstrong stated she didn't particularly object to this
plat but she felt that council should consider just how small
they were going to go or if they were going to disregard the
square footage as long as there was proper setbacks and a
house could be placed on the lot.
Motion was made by Freddy Inman to accept Planning and Zoning's
recommendation and approve the preliminary plat for Frank
Millar. Danny Spindle gave the second. Voting for were Inman,
Spindle, Thomas and Adkins. Voting against was Jenkins. Motion
carried 4-1.
8. The City Council gave consideration to the recommendation from
the Utility Board recommending that STAR Cable T.V. be given a
90 day notice per their franchise agreement that their franchise
be revoked.
Mayor Armstrong asked Mr. Herbert Arledge, President of the
Utility Board, if he would like to present the recommendation to
council. Arledge requested the Mayor to handle the presentation
of the recommendation.
Mayor Armstrong stated the Utility Board recommended the city
give a 90 day notice to STAR Cable per their franchise agreement
that their franchise be revoked if they do not come up to the
franchise requirements. She stated she was in favor of this --
thinks the city should do it. She stated it was brought to her
attention what STAR needed to do was in the franchise agreement
but to strengthen or to call even more closely to their attention
when the city makes their official notification in a letter she
would like for the city to list No. 1, 2, 3, 4, "these are the
things you are expected to do perthe franchise agreement." She
stated this was her request if the city decided to do this.
Shutt stated the cable company was in violation of 3 sections
of the franchise by their own admission. He stated there was
some confusion in setting the 90 day time clock in motion.
That he might not hear from STAR until the end of the 90 day
period and that he would not know how they met their requirements.
Mayor Armstrong stated this was a valid question and asked council
if there would be another hearing in ninety doays to see if the
objections that were brought forth were overcome or how was it
to be handled. Discussion.
Jerry Jenkins stated for the benefit of those who were not at
the public hearing the Manager of the system readily admitted
211.
there was definitely problems within the system, he was aware,
and that he did not deny that any of the problems mentioned the
night of the hearing did not exist. He acknowledged that they
were a problem, and would be corrected. He also said that he had
been on the job for approximately 9 months and was trying to
correct the situation as best he could, that he had terminated
at least two personnel that were working this area and had hired
another person that lives in Denton that could service us in a
short period of time. He also said that he understood the city's
situation recently as to why we called the public hearing and
the city did have good response to the hearing.
Jenkins stated that by accepting the recommendation that the
Utility Board made would give the Manager what he needs in getting
to his supervisors. With the recommendation he will have a
perfect opportunity to go to his boss and say, "Look hear, I've
got 90 days." Jenkins stated he felt the city had no choice
but to grant the request that the 90 day period be put in place.
Freddy Inman asked Shutt what if after the 90 days STAR does
not live up to their end of the bargain and the city cancels
its franchise? How many homes out there have cable? Shutt -
They say 452. Inman - How many were at the meeting? 10 or 12
homes represented. Inman - Then what do we do if we cancel the
franchise of the other 442? Shutt - Stated in the meantime he
would contact other companies. Discussion.
Jenkins stated that he felt the manager was sincere. That he
felt STAR was going to do something about the system because they
have already started to make an effort. One of the complaints
(from a lady on Diane Drive) who had requested service back in
August, the next day after the meeting her service was hooked up.
Adkins - I don't remember whether you were on the council,. but
this is not the first time we have had them here and everytime
we've had them here they are under new leadership. They've had
a change of office, they've had a change of hands, they've lost
employees. After a week to 10 days after a meeting there is
better improved service. At the end of 10 days, possibly two
weeks, we're back in the same rat race we were in before. The
last gentleman that represented the cable that came here I request-
ed personally his phone number so that I could call in and let him
,now what kind of mess was going on up here. I called and never
received replies. It wasn't a month after their last meeting that
I started making my calls. This fellow could be different, you
can't judge him by the ones who have been in the past, but what
I'm saying is we get the same song and dance from those people
everytime they're invited to council.and we need to put the 45
days or 90 days or whatever in effect and let them know that we
mean business and then possibly if we do have to dismiss them,
if we get another cable bunch we're not going to mess with that
crud and they will start out right. 11
Mayor Armstrong stated that one of the reasons she wanted to do
a list was because she wanted to do a letter -and send it to the
person of the company stating the action that has been taken
and make him aware of the fact that the city does mean business.
At this time the city needs to set up a time or method of check-
ing on them. Say within 6 weeks, the city check to see how they
are progressing. That would be midway of the 90 day period and
then again near the end of the 90 day period. Mayor Armstrong
suggested the city could request a meeting with the President or
Chairman of the Board, since one of the complaints brought up
was that Sanger had provision that there would be a local office
for complaints, etc. She stated there was a local office as
long as the first company owned it but once they sold it they
have not had one since. She suggested that in the letter the
city could request a one on one basis. Stated maybe as the
council makes their motion that they might need to include in
it that the City Manager be instructed or the Utility Board
be instructed to do a review of the case in 6 weeks and then a
review again a little later on. If nothing else maybe run
something in the paper and ask for citizens who have a comment
to call Mary Jo's number. Discussion. It was noted there was
poor response between Argyle and the 800 number. Orders were
sometimes lost between the cracks. Discussion in installation
212.
service, and repairs.
Benny Parrent stated the city would be falling down on the job
if they didn't make the company do what they said they would do.
Stated the city does not ask a subdivider what he wants to do
but tells him this is what you're going to do.
Mayor Armstrong called for a motion that the city either does
or does not give the 90 day notice and that council would then
instruct the City Manager to do a letter and perhaps bring it
back or send you copies of it or something to that effect stating
the things council has discussed at tonight's meeting, the 3
items council is most concerned about, what they intend to do
about them, requesting perhaps a conference with their President
concerning an office locally.
Shutt offered the following suggestion -- The letter to carry the
Language that what the city is asking them to do is for them to
give the city a proposal on how they propose to handle the
transition. The whole thing coming out to appear that the city
Ls really assuming that this is it. Its overwith and they have
to come to the city next. Discussion.
Jerry Jenkins made the motion that council accept the Utility
Board's recommendation as presented. Carolyn Adkins gave the
second. Voted unan.
Mayor Armstrong suggested a letter be sent registered or
certified so council is sure the cable company receives the
Letter and make the 90 days begin the day they receive the
Letter. Discussion. Utility Board requested a copy of the
Letter of response from the cable company.
9. Mayor Armstrong convened the meeting into Executive Session to
discuss legal matters.
10. Mayor Armstrong reconvened the meeting to open session. No
action was taken.
ll. Mayor Arsmtrong issued the order calling the City Officials
Election for April 5, 1986. The Mayor's position, Place 2
and Place 4 will go on the ballot.
12. Citizen Input:
(a) Mr. Ray Forrester, Duck Creek Road, stated he had 2 issues
he wished to discuss. (1) Annexation of the prperty owned
by Burl Bourland. Stated he would like to make sure that
everyone reme m bered when the city brought the trailer park
into existence for Burl Bourland that all of the things
that he said he was going to do were not done and he would
like to know when Bourland builds the houses that the same
kind of things are not allowed to happen. (2) He stated he
didn't know what could be done, but he was tired of going
up and down his property line picking up trash and
picking up wood and things out of his fence, repairing
his fence which was being torn down by the kids in the
trailer parks, and all the dogs running loose chasing his
animals. He wanted to know if anything could be done along
these lines.
Mayor Armstrong told Mr. Forrester she appreciated his
input and would make a note of both items.
13. City Manager's Report:
(a) Shutt stated the city had received alot of rain causing
some sewer infiltration, some flooding, flooding due to
drains being stopped up. Advised council he had a
meeting with the engineers on Friday.
(b) Advised council of a letter he had received from the
City of Farmersville proposing a worksession on Community
problems. Council stated they were interested but would
depend on cost. Shutt to get more inf9(rmation.
(c) Shutt read aloud the PUC Motion which was made to withdraw
the city's application.
213.
CITY OF SANGER'S MOTION TO WITHDRAW APPLICATION
NOW COMES the City of Sanger, applicant in the above styled
and numbered cause and files this its Motion to Withdraw
said application and for cause would show the Commission
as follows:
I.
The City of Sanger has reassessed its present position and
determined that it is more cost effective to pursue certain
other activities concerning their system at this time than
to continue this application.
II.
The City of Sanger seeks this dismissal without prejudice.
(d) Distributed proposals from 2 engineering firms for council to
look over. Stated the proposals were to be held confidential
until a decision could be made.
(e) Updated council regarding the 3 acres adjoining the sewer
treatment plant site. Stated Southwest Disposal hauled off
15 to 20 large containers of trash to the new landfill. Shutt
stated it was 98% cleaned up now.
(f) Jenkins asked Shutt about the progress on the Keaton Road
curve. Shutt stated the city had started work on it but
mother nature had set the city back (rain) loosing about
2/3's of the work that was done. Assured council when
it dries up that the city would start work on the project
again.
(g) Shutt complimented the city crews for their good work on
the 3rd Street drainage project. Stated it was better able
to handle water than what the State crew had done on the
5th Street drainage project.
14. Other Such Matters:
(a) Council received a copy of the Tax Attorneys statistical
progress report. Discussion.
With no other business to come before the council, Freddy Inman
made the motion to adjourn the meeting. Danny Spindle gave the
second. Voted unan.
City Secretary
Mayor
MINUTES: City Council
February 17, 1986
MEMBERS
PRESENT: Mayor Nel Armstrong, Danny Spindle, Freddy Inman,
Carolyn Adkins, and Harvey W. Thomas. Councilman
Jerry Jenkins arrived late.
OTHERS
PRESENT: Stephen Shutt, Mary Jo Stover, Don Waddell, Richard
Brown, Benny C. Erwin, B. McMurray, Buddy Norville,
Lille Belle Horst, Esta Lou Morgan, and Rev. Dickie Amyx.