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02/17/2003-CC-Minutes-Regular_� MINUTES: City Council f February 17, 2003 PRESENT: Mayor Tommy Kincaid, Councilman. Glenn Ervin, Councilman Andy Garza, Councilman Mike James, Councilman Jimmy Evans, Councilman doe Higgs OTHERS PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez, Assistant City Secretary/Administrative Assistant Samantha Renz, Electric Superintendent Mike Prater, Water/Wastewater Superintendent Eddie Branham, Streets/Parks Superintendent John Henderson, Robert Ingram, Shelley Ruland, Frank Rodgers, Pat Moynagh, Crystal Brown, Bill Spore 2. 3. 4. 5. Mayor called meeting to order, Councilman Garza led the Invocation, Councilman Evans led the Pledge of Allegiance a) Approve Minutes: b) Disbursements CONSPNT AGENDA February 3, 2003 Councilman Higgs indicated on Item #11, He did not second the motion, Councilman Evans seconded. Councilman Evans moved to accept the consent agenda as corrected, Councilman Ervin seconded. Motion carried unanimously. Citizen's Input. None. Consider and Possible Action on Ordinance #02-10-03 -Annexing the Following Properties: MEADOWLANDS ADDITION, LOTS 1 THRU 14 (JENNIFER CIRCLE), AND ABSTRACT 29, TRACT 74, BEING 8.751 ACRES, AND ABSTRACT 1241, TRACT 44, BEING 2.50 ACRES, AND ABSTRACT 1241, PART OF TRACT 47, BEING 18.03 ACRES, AND ABSTRACT 29, TRACT 61, BEING 24.31 ACRES, AND ABSTRACT 29, TRACT 60, BEING 25.22 ACRES. Mayor skipped Item #4 to wait for City Attorney. Consider and Possible Action Regarding Budget Amendments to the FY 2001/2002 Budget as Presented by Bill Spore. Councilman Higgs moved to approve the budget amendments as presented, Councilman Evans seconded, motion carried unanimously. 6. Consider and Possible Action Regarding Approval of the Fiscal Year 2001/2002 Audit as Presented by Bill Spore. Councilman Garza moved, James seconded, motion carried unanimously. 7. Consider and Possible Action on Appointment of Auditor for Fiscal Year 2002/20030 Councilman Evans moved to appoint Bill Spore, Councilman Higgs seconded, Motion carried unanimously. 8. Consider and Possible Action Regarding Budget Amendments to the FY 2002/2003 Budget. (Water/Wastewater Department) City Secretary indicated this is the amendments for the jet sprayer, these funds will be allocated for the first payment. She indicated she decreased the funds in the water side and increased the expenditure in the wastewater side. James moved, Ervin seconded, Motion carried unanimously. 9. Consider and Possible Action Regarding a Variance on the Sign Regulations for Chicken Express/Fina on property Legally Described as Sanger I-35 Industrial Park, Lot 1R 1. Property is located at 1406 W. Chapman. City Manager indicated we currently have a sign ordinance of 60' they are requesting 80 feet. Councilman James indicated he could not tell where the sign was. Discussion. Councilman James moved to grant the variance for sign regulations to a height of 80 feet. Councilman Garza seconded. Motion carried unanimously. 10. Conduct First Public Hearing on Proposed Annexation of the Following Properties: ABSTRACT 1241, TRACT 43, BEING 2.5 ACRES (MICHAEL GREGORY), AND ABSTRACT 29, TRACT 57, BEING 25.230 ACRES (AL MCNATT), AND ABSTRACT 29, TRACT 58 & 5% BEING 49.419 ACRES (AL MCNATT), AND ABSTRACT 12419 TRACT 37, BEING 32,8617 ACRES Public Hearing opened. No discussion. Public Hearing closed. 11. Conduct First Public Hearing on Proposed Moratorium on New Multi -Family Dwelling Projects in the City of Sanger. (a) Conduct 1st Public Reading on Ordinance # 02-11-03 Public Hearing opened. No discussion. Public Hearing closed. First Reading of ordinance. City Secretary read ordinance as follows: ORDINANCE No. 02-11-03 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, RECOGNLZING THE THREAT TO THE CITY'S ABILITY TO MEET EXISTING AND SHORT-TERM SERVICE DEMANDS AS A RESULT OF EXPLODING POPULATION GROWTH; RECOGNIZING RAPIDLY INCREASING WASTEWATER FLOWS; PROVIDING FOR THE TEMPORARY SUSPENSION OF THE ACCEPTANCE AND FILING OF RESIDENTIAL MULTI FAMIELY DEVELOPMENT PLANS; REPEALING ALL CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the threat to the city's ability to meet existing and near -term service demands is attributable to exploding population growth and rapidly increasing wastewater flows; WHEREAS, based upon a potentia1500 residential building permits per year, the City's population is projected to exceed 5100 in 2003 while the population within current City limits is projected to exceed 10,500 by the year 2009; WHEREAS, ADF for March 2002 0.72 MGD and total wastewater treatment capacity is 0.78 MGD; WHEREAS, under normal weather conditions the City's ADF is proj ected to exceed 0.78 MGD by 2004; WHEREAS, expansion of the City's wastewater treatment plant capacity to 0.98 MOD is not scheduled to be completed until 2003; WHEREAS, under normal weather conditions the City's ADF is projected to exceed 0.98 MGD by 2005; WHEREAS, it is the objective of the City to, (1) ensure the City's continuing ability to maintain adequate wastewater service while construction system improvements to accommodate both residential and non-residential growth, (2) maintain adequate water and wastewater capacity to sustain economic development efforts that will reduce the extreme imbalance in assessed valuation between residential and non-residential development, (3) preserve and enhance the unique character and lifestyle that currently exist in Sanger; WHEREAS, the exemption ofnon-residential development is necessary to the long- term economic health of the City; and WHEREAS, the City Council has determined that it is in the best interests of the public to temporarily suspend the acceptance and filing of residential multi -family development plans pending the City review and update of the City's capital/improvement plan and impact fee study, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS, THAT: SECTION 1 All of the above premises are hereby found to be true and correct legislative and I actual findings of the City of Sanger and they are hereby approved and incorporated into the body of this Ordinance as if copied in their entirety. SECTION 2 The acceptance and filing of residential multi -family development plans are hereby temporarily suspended, effective immediately upon passage of this Ordinance, until City Council approval of the capital improvement plan and impact fee study. Although it presently is anticipated that the capital improvement plan and impact fee study will be completed on or before June 17, 2003 in the event the City Council has not approved the impact fee study plan by June 17, 2003, then this temporary suspension may be extended in sixty (60) day increments. SECTION 3 The temporary suspension referenced in Section 2, above, shall not affect or in any way suspend or prohibit the acceptance and filing of applications for record plats, specific use permits or variances. Further, the temporary suspension referenced in Section 2, above, shall not affect or in any way suspend or prohibit the acceptance and filing of non-residential zoning amendments and non-residential development plans. SECTION 4 Any and all ordinances, orders, resolutions, rules, regulations, policies or provisions in conflict with the provisions of this Ordinance are hereby repealed and rescinded to the extent of any conflict herewith. SECTION 5 If any section, subsection, clause, phrase or provision of this Ordinance, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unconstitutional, the remaining sections, subsections, clauses, phrases or provisions of this Ordinance, or the application thereof to any person or circumstances, shall remain in full force and effect and shall in no way be affected, impaired or invalidated. SECTION 6 The fact that the present ordinances, orders, resolutions, rules, regulations, policies and provisions of the City of Sanger, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Sanger, Texas, creates an emergency for the immediate preservation of the public business, property, health, Safety and general welfare of the public which requires that this Ordinance become effective from and after the date of its passage, and it is accordingly so ordained. (4.) Mayor moved back to Item #4 and considered action on the following proposed annexations: MEADOWLANDS ADDITION, LOTS 1 THRU 14 (JENNIFER CIRCLE), AND ABSTRACT 29, TRACT 74, BEING 8.751 ACRES, AND ABSTRACT 1241, TRACT 44, BEING 2.50 ACRES, AND ABSTRACT 1241, PART OF TRACT 47, BEING 18.03 ACRES, AND ABSTRACT 29, TRACT 61, BEING 24.31 ACRES, AND ABSTRACT 299 TRACT 6% BEING 25.22 ACRES. Councilman Garza asked if each of the properties could be voted on separately. Staff indicated they could. Brief Discussion. Councilman Evans moved to annex Meadowlands Addition, lots 1-14. Councilman Higgs seconded. P voted no. Motion carried 3 to 2, Councilman Garza and Councilman Ervin Councilman Evans moved to annex Abstract 29, Tract'74, Councilman Higgs seconded, motion carried unanimously. Councilman Evans moved to annex Abstract 1241, Tract 44, Councilman Higgs seconded, motion carried unanimously. Councilman Evans moved to annex Abstract 124i, Part of Tract 47, Councilman Higgs seconded, Motion carried unanimously. Councilman Evans moved to annex Abstract 29, Tract 61, Councilman Higgs seconded, Motion carried unanimously. Councilman Evans moved to annex Abstract 29, Tract 60, Councilman Higgs seconded, Motion carried unanimously. Caption of Ordinance 02-10-03 as follows: AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF SANGER, TEXAS AND EXTENDING THE BOUNDARIES OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS, AND GRANTING TO SAID TERRITORY AND TO ALL FUTURE INHABITANTS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVH.EGES OF OTHER CITIZENS AND BINDING SAID FUTURE INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF SAID CITY 12. Consider and Possible Action on Proposal Submitted for Impact Fee Study and Analysis. Mark Owens indicated he had been asked by the City Manager to look into this. He introduced Tim Glendenning. Tim Glendenning, addressed the Council regarding the proposal of engineer services to prepare a future land use plan and evaluate the need for impact fees. He indicated they have been doing land use plans for cities for 1546 years, this is the most important element. Councilman James asked what the lead time would be. Tim indicated it was difficult because an advisory committee will need to be appointed. He indicated the engineer will need to complete the City map before they can continue with the plan. Then they will work with the advisory committee, and try to meet the deadline of June 17. i��rjGy,� -�-, Discussion regarding current land use study. 9 City Engineer indicated the land use study will need to be reviewed and updated. Discussion regarding cost, and that if they are able to use the City's current land -use study, the cost should be reduced. City Manager asked if it would be better to give Mark and Tim a week to look at what we do have and allow them to come back with a revised cost. Item tabled to next agenda. 13. Conduct Public Hearing to consider a Zoning Change from I-1 (Industrial -1) to B2 (Business -2) on property legally described as Sanger I-35 Industrial Park, Lots 1r-2, 2r-1, 4 & 5. Property is Located on F.M 455, Acker St, and Pecan St. Public Hearing opened. Pat Moynagh spoke in opposition of his property (lot 4) being re -zoned to Business. Mayor asked who requested the zoning change. � Councilman James indicated he felt it should be zoned to what is compatible in the neighborhood. Discussion regarding the zoning. Public Hearing closed. 14. Consider and Possible Action Regarding a Zoning Change from I 1(Industrial -1) to B2 (Business -2) on property legally described asSanger I-35 Industrial Park, Lots lr-2, 2r-1, 4 & 5. Property is Located on F.M 455, Acker St, and Pecan St. Councilman Higgs moved to change the zoning from I-1 to B-2, on lots lr-2, 2r-1 and lot 5, and to leave lot 4 as Industrial. Discussion. Councilman Ervin seconded. Motion carried 3 to 2, Councilman Evans and Councilman Garza voted no. 15. Consider and Possible Action on Short Form Final Plat for the Rodgers Estates, Block A, Lots 1 & 2. R City Engineer indicated all bases have been covered on this plat. It has met the City of L.� �' � :: Sanger ordinances. f Councilman Garza moved to approve the Final Plat for Rodgers Estates, Lot 1 and 2, Block A., Councilman Evans seconded. Motion carried unanimously. 16. Consider and Possible Action on Ordinance #02-07-03 - Amending the Ordinance on Installation of Underground Electrical Service. Mike Prater indicated there was a minor change in the ordinance, we are requiring underground in certain areas, and the original ordinance was giving them a choice. Councilman Evans moved to approve Ordinance #02-07=03, Councilman Ervin seconded. Motion carried unanimously. Caption as follows: THAT CHAPTER 13, ARTICLE 13.1300, INSTALLATION OF UNDERGROUND ELECTRICAL SERVICE, IN THE CODE OF ORDINANCES OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, SHALL BE AMENDED; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDINGA SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 17. Consider and Possible Action on Adoption of Resolution #02-05-03 and Advance Funding Agreement for Bridge Replacement or Rehabilitation Off the State System. Discussion regarding the project, City Engineer indicated this would probably be done sometime this summer. City Secretary indicted this had been budgeted in the bond money. Discussed the possibility of Expanding the road further. Councilman James moved to adopt Resolution #02-05-03, Councilman Evans seconded. Motion carried unanimously. 18. Consider and Possible Action on Awarding bid on (1) Used 2000 Case 95XT Skid Steer and New FCC High -Flow Cold Planer. John Henderson indicated this was a bobcat, and was bigger than what they currently have, this will help him get into the narrow areas in some of the ditches. This will be helpful for all departments. When they get ready to cut the streets they will get straight cuts. Councilman Ervin asked why they were getting a used one. _ John Henderson indicated this machine only has 160 hours on it, the new equipment is ,i priced over what he has budgeted. Discussion regarding the equipment. Councilman Ervin asked about warranty. John Henderson indicated it did not have a warranty. Councilman James asked if it was standard on used equipment not to have a warranty. Councilman Evans indicated he did not like buying used equipment. Councilman Higgs moved to accept bid from C & O, and stipulated they add the warranty. Councilman Ervin seconded. Motion carried unanimously. 19. Consider and Possible Action to Authorize Bids for the Construction of Sidewalk and Concrete Bleacher Pads for Railroad Park. City Manager indicated the 4B has approved the funds for this, but Council has to approve the bid process. John Henderson showed the drainage of the proposed improvements. Councilman Garza moved to bid the concrete work for Railroad Park, Councilman Evans seconded. Motion Carried unanimously. 20. Consider and Possible Action on Adopting Resolution #02-06-03 Authorizing of Funds For City Vehicles and City Equipment from Guaranty National Bank. City Manager indicated the rate on the jet sprayer was at 4.04%, the rate is 4.75% on John's equipment, and 5% fixed on the other vehicles. Councilman James moved to adopt Resolution #02-06-03, Councilman Evans seconded. Motion carried unanimously. 21. Meeting Adjourned.