Fate council passes fire code and convenience store plat

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March 6, 2009

One dissenter not enough to stop approvals

Leslie Gibson The Zope Gazette Fri Mar 06, 2009, 06:47 PM CST

They passed Fate council Monday night, but not unanimously: The adoption of the International Fire Code with particular amendments, and the final plat for Home Boy Enterprises. Each brought forth 6-1 votes.

Another site, and a utility billing provider, received unanimous approval.

Council member Steve Skipworth noted that another level of government regulation on long-time Fate residents regarding brush burning prompted one nay vote, and the future path of State Highway 66 factored in his plat opposition.

It was an amendment in the fire code which Skipworth did not support.

It states that outdoor burning may not take place any closer than 300 feet from a structure. Without that amendment, 50 feet would have been allowed.

He recognizes, he said after the meeting, that long-time residents are used to burning their brush and this basically will disallow that.

The International Fire Code 2006 with amendments suggested by the North Central Texas Council of Governments was recommended in a past meeting for adoption by Fate Volunteer Fire Department chief Sean Fay. Council and city attorneys reviewed the code and the agenda item was introduced again in Monday’s regular meeting.

The measure passed, 6-1.

Home Boy Enterprises wants to put in a convenience store across from the Animal Hospital of Fate. It is not in the city limits, but falls under Fate subdivision rules and regulations by being in the ETJ (extra-territorial jurisdiction.)

“Were they made aware of the expansion of 66 through the middle of their property?” Mayor Bill Broderick asked Trent Petty, who served as interim city manager during the application process.

“They were,” he answered.

To Forest Murley’s question, it was learned the applicant will not sell beer and wine, as it is not legal to do so in the county.

Without further discussion, the 6-1 vote approved the store.

Skipworth believes it just means more taxpayer expenditure in the future as the road requires right of way and easements.

In other council action, unanimous approval was given for Circle C Feed Store to locate on Interstate 30 at Farm to Market 551, owned by Rick Cawthon. Planning and zoning approved it without any conditions.

Broderick noted that it is consistent with highway commercial zoning, and has no negative impact on adjacent properties.

Sheri Garber, council member, asked if portable buildings would be sold, and if so, seen from the road.

Cawthon, from the audience, replied yes, but that only one would most likely be at the front of the site.

He added that with homeowner association restrictions, metal buildings have fallen out of favor; wood is the preferred building now. She also wanted to know about heights of items displayed, and learned they won’t be above the building.

Cawthon, to a question from Dawn Payne, council appointee, said though he has a license to sell used cars, he would not be doing so, nor selling motorcycles at this time.

“You and everybody know how I feel about highway commercial. This is exactly what I never wanted to see,” said councilman Forest Murley. He would like tighter restrictions on the zoning.

Trent Petty, who served as interim manager throughout 2008 for the city, explained the site originally wasn’t zoned, but was platted. Once it came back and was zoned, it went to existing highway commercial, he said.

It is next to industrial zoning it was noted.

“They brought the building to code — 100 percent masonry,” he said.

“If it was a brand new site plan and a brand new building it would be different.

“This is a conditional use permit. You have the ability to deny any of the uses,” he said.

Trees were planted, as requested by the city, Cawthon noted.

“The building looks a lot better than it did,” K.C. Erwin, council appointee said. He is pastor at a church across the street.

Unanimous approval was given for the Fate city manager to enter into a contract with a utility billing firm.

Currently, the city sends them out on fourth-class mail, last to deliver according to city manager Vicki Mikel.

Also, it takes a full day of work take 2,400 utility bills and tear them apart and separate them by zip code, she said, and the dot matrix printer generating the bills is on its last leg, she said.

She is now allowed to negotiate with Data Prose to have them take the data file submitted by the city, and send out the bills.

The city can send out messages and letters with the bills as well.

“It is well worth the additional $3,000 a year,” she said.

Skipworth asked about who would ultimately control the data against third-party sellers.

“It is considered private,” Mikel answered. “They do not sell it and it falls under open records and privacy acts.”

His questions were aiming at something else he said, and discussion drew to a close.

The vote was unanimous.

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