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09/08/1981-CC-Minutes-RegularMINUTES: City Council September 8, 1981 PRESENT: Mayor Cole, Cooper, Thomas, Nesbitt, and Bridges ABSENT: Danny Spindle OTHERS PRESENT: Lloyd Henderson, Mary Jo Stover, J. P. Hampton, Mrs. Myrtle Haynie, Beulah Giles, Sandra J. Smith, Virginia Millar, Frank Millar, Abram Millar, Fred Wusterhausen, E.B. Forten- berry., Marilyn M. Gaines, E. A. Morrow, Mary Burrows, Ruby Odom, R. L. Odom, Grace Herd, Dosia Powers, Billye Hollingsworth, Larry Klein, Joyce Parrent, Benny Parrent Gene Hughes, Mike Ramos 1. One bid was received from Roberts and Siegmund Construction, Inc. for the demoliton and site clearance of six dilapidated structures located in the Community Development Program Project Area in the City of Sanger. Total bid was $2500. A Certificate of Insurance for limits of liability for 250/100 B.I. accompanied the bid. Motion was made by Nesbitt to accept the bid of $2500 for the demo- lition and lot clean up of six structures by Roberts and Siegmund Construction Co. Thomas gave the second. Voted unan. 2. The minutes of the August 17, 1981 meeting were approved as printed. 3. Disbursements in the amount of $29,637.83 were approved on a motion by Nesbitt. Cooper gave the second. Voted unan. Item No. 15- Hunter and Associates statement of charges was explained by the City - Manager. Services billed went back to 1977. Hunter & Associates assured Lloyd they were unaware of the billing procedures and from henceforth the city would be billed monthly. 4. Mary Burrows of 203 So. 2nd came before council to protest the garbage charges she had to pay during the summer months when she was out of state. Mayor Cole ask if she had left her services on and she stated she had. Cole stated if you leave the water on the sewer and garbage rates apply. Mrs. Burrows also inquired about the extended services citizens are charged with by the telephone company. She wanted to know why Sanger couldn't have extended (EAS) service to Denton and not the other small town areas. Mayor Cole stated it would require a rate increase in both General Telephone and Central Telephone companies which the City of Denton would not approve. 5. Consider Preliminary Replat of Block D, Hillcrest Addition for Gene Hughes. Council reviewed the rep at of Block D, Hillcrest. Hughes wants to build single family residence on Lots 2-5 and a multi -family unit on Lot 1. Planning and Zoning recommended the approval of the preliminary plat contingent upon councils decision regarding the zoning change. Motion was made by Thomas to approve the preliminary plat. Bridges � gave the second. Voted unan. 6. Zoning Petition Z-53 for Gene Hughes - Lloyd explained to Council that the original plat of the Hillcrest Addition (1964) showed Block D zoned as Local Business. The City P & Z map (correct) shows Block D as zoned single family. City records do not show that this area was ever changed from Local Business to Single Family. It was noted that the plat filed for record was dated in 1964 and was signed for approval by the Chairman and Secretary of the.Planning and Zoning Commission. All plats now are required to be signed by the Mayor before the county clerk accepts them for record, but the laws governing plat signatures and such in 1964 were not known. The Zoning Ordinance did not come into effect until 1972 so it is assumed that by accepting the plat in 1964 the zoning of Local Business for Block D was also accepted. Hughes requested the city to either recognize the original zoning (1964) or to rezone Lot 1 of the replat to multi -family with Lots 2-5 zoned for resi- dential. They would act as a buffer zone when houses are built along Diane Drive. Mayor Cole called for the opposition to speak on the zoning. Marilyn Gaines and Fred Wusterhausen spoke against the petition request. Discussion. Motion was made by Donn Nesbitt to support the action of the previous City Council and Planning and Zoning Commission to up old t e origina zoning of the Plat of 1964. Thomas gave the second. Voted unan. 7. Zoning Petition Z-52 for Frank J. Millar. It was noted that P & Z voted unanimously to deny the request for Frank Millar. Millar is requesting a zoning change on his property located at 612 Locust from R-1 Single Family to R-3 Multi -Family. Millar spoke in favor of his petition and presented council with plans for the added structure. The lot dimensions are 142.5` x 65.2`. Two apartments exist and Millar wants to add two more apartments by attaching the roofs and having a stairway between. Dimension, lot size, and off street parking was discussed. Mayor Cole asked for the opposition to speak. J. P. Hampton spoke for himself and four of the neighbors who also opposed the change. The following reasons were given: (l.) Lot too narrow for apartment house (2.) Not room for building a parking lot (3.) 7th Street too narrow to park on without blocking the street. (4.) Devalue our property (5.) Too many different people moving in and out and too much disturbance. R. L. Odom spoke in opposition for the same reasons. Larry Klein stated the value of his two houses would go down. Mayor Cole stated there was some question regarding the zoning since the property was in use as a two family classification and zoned single family residential. He stated before Council could take action it would be necessary to check with the city attorney regarding the zoning request and the grandfather clause. It was recommended to be placed on the .September 21st agenda to reconsider. 8. Consider Non Conforming Use Variance Request for Ken Perry - Property described as Lot 48B, Block 24, Hampton Additon. Perry wants to build a new home and attach it to the existing garage located on the property. The garage is located on the property line of the alley on the west side. city ordinance requires a side lot of 8' . Perry is requesting a variance which permits him to build a new house and attach it to the existing structure not in conformance code. Motion was made by Donn Nesbitt to accept the P & Z's recommendation and grant the variance request. Bridges gave the second. Voted unan. 9. Motion was made by Cooper to adopt the resolution authorizing the clearance and demolition of a structure located approximately 200' east of Railroad Avenue and belonging to Annie Mae Punch. Nesbitt gave the second. Voted unan. 10. The city received a letter from the Texas Public Power Association regarding pending legislation to enable the FCC to set Pole rental rates for Cable T. V. Companies. A letter was sent to Congressman Hall opposing those portions of S,B.11 which take away the city's authority to establish pole rental charges for Cable T. V. 11. Motion was made by Nesbitt to approve the 1981-82 Revenue Sharing Budget. Thomas gave the second. Voted unan. 12. Motion was made by Nesbitt to approve the 1981-82 Municipal Budget. An amount of $33,000 to be taken from the Brazos guaranty over a period of 1 year with 12 monthly installments of $'2,750,00 each deposited into a separate account and to be used only for electrical capital improve- ments when bond money is expended. Cooper gave the second. Voted unan. 13. Tax Levy Ordinance No. 81-9 was approved on a motion by Thomas. Bridges gave the second. Voted unan. A tax rate of $0.50 per $100 on 100% market value was set for the 1981 tax year. AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF BANGER AND PROVIDING FOR THE INTEREST AND SINKING FUND FOR THE YEAR 1981 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE. 14. Motion was made by Cooper to approve Tony Wright, CPA to do the 1980-81 audit for the City. Bridges gave the second. Voted unan. 15. Executive Session - Council went into executive session to consider land acquisition. Council reconvened to open session and the city manager was instructed to. (l.) Purchase the land for $5,000. (2.) 18 month revisionary clause or dedicate road to public use. **Note - Council agreed with Mike Ramos to work out details of revisionary clause with John L. - (3.) Give two sewer taps. 16. Other such matters: (a.) Mayor Cole requested that Lloyd get with Bolivar Water about doing their billing and get financial accounting on computer and consider working with North Texas State University on this. ATTEST: MINUTES: City Council September 21, 1981 PRESENT: Mayor Cole, Cooper, Thomas, Nesbitt, Spindle, and Bridges OTHERS PRESENT: Lloyd Henderson, Mary Jo Stover, Mrs. Myrtle Haynie, Grace Herd, Beulah Giles, R. L. Odom, J. P. Hampton, Sandra J. Smith, Randy Rhodes, Anne Kyle, Frank J. Millar, Abe Millar, Billye Hollingsworth, Steve Hollings- worth, Larry Klein, Gene Hughes, and John L. Sullivan 1. Three bids were received by council on the one ton truck and one bid received on the 20' Refuse Trailer. They are as follows: One -Ton Truck 1. Bill Utter Ford 2. David Ford Truck Sales - 9,123.67 3. Wyatt Chevrolet - 9,128.33 20' Refuse Trailer 1. Haulall Refuse Trailer, Inc. - $7,961.00 Bids to layover for council review. 2. The minutes of the September 8, 1981 meeting were approved with one addition on Item No. 12 "...to be used for electrical capital °— improvements..." 3. notion was made by Nesbitt to approve disbursements in the amount of $998.16. Bridges gave the second. Voted unan. 4. Motion was made by Nesbitt to approve Sanger Electric Capital Improvements in the amount of $8,207.51. Spindle gave the second. Voted unan.