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05/05/2008-CC-Minutes-RegularMINUTES: City Council Meeting May 5, 2008 PRESENT: Mayor Joe Higgs, Councilman Glenn Ervin, Councilman Andy Garza, Councilman Robert Patton, Councilman Thomas Muir MEMBERS ABSENT: Councilman Mike Walker OTHERS PRESENT: City Manager Mike Brice, City Secretary/Asst. City Manager Rose Chavez, Don & Kim Hall and Shannon Graves, Sanger Courier 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor called meeting to order, Councilman Garza led the invocation, followed by Councilman Patton leading the Pledge of Allegiance. 2. Citizens Input: Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues that are brought up during this section. None CONSENT AGENDA 3. a) Approve Minutes April 21, 2008 - Work Session (Page 1-2) April 21, 2008 - City Council (Page 3-10) b) Disbursements (Page 11-31) c) Approve Appointment of Will Dutton to the 4B Board (Page 32-34) d) Approve Appointment of Bob Koger as an Alternate on the Planning & Zoning Board (Page 35-43) e) Approve Resolution #05-10-08 - Authorizing the Filing of a Project Application with the North Central Texas Council of Governments for a Regional Solid Waste Program Implementation Project (Page 44-46) City Manager advised there are two appointments, Will Dutton to the 4B board (Sanger Texas Development Corporation) and Bob Koger as an alternate to the Planning and Zoning Commission. There is also a resolution for the City to proceed with grant application to the North Central Texas Council of Governments Regional Solid Waste Program. This is the same grant that funded the environmental officer about two years ago. This grant is to try to get funded for the purchase of a truck with grappler arm for picking up large piles of brush . This will help speed up the process of the removal of brush. The grant will also help pay for a part-time person to help run the truck. During certain times of the year we get behind on brush removal. This will help speed the process and allow the crew to take it to another location for chipping. Motion was made by Councilman Muir to approve the consent agenda as presented with one amendment to the minutes in rewording of a portion of item #17, 3rd paragraph of the minutes to reflect the conversation of the last council meeting as follows: Councilman Muir moved to approve Ordinance # 04-20-08, stating that he was not for general rate increases for the sake of increases. However, this increase will have a very small effect on residents’ monthly bills. The additional revenue would help the City build its reserve account, which is fiscally responsible and consistent with the advice given by the city’s auditor. Seconded by Councilman Patton. Motion carried unanimously. 4. Consider any Items Removed from Consent Agenda. None 5. Conduct Second Public Hearing to Consider Proposed Annexation of the Following Properties: (Page 47-48) A. ABSTRACT 29, REUBEN BEBEE SURVEY, TRACT 56A, BEING 2.012 ACRES IN DENTON COUNTY, TEXAS. (R179677) B. ABSTRACT 1241, HENRY TIERWESTER SURVEY, TRACT 10, BEING 36.86 ACRES IN DENTON COUNTY, TEXAS. (R56265) C. ABSTRACT 801 WM MASON SURVEY, TRACT 32, BEING 42.64 ACRES IN DENTON COUNTY, TEXAS. (R59794) D. ABSTRACT 29, REUBEN BEBEE SURVEY, TRACT 22D, BEING 10.00 ACRES IN DENTON COUNTY, TEXAS. (R270616) E. ABSTRACT 29, REUBEN BEBEE SURVEY, TRACT 22E, BEING 10.00 ACRES IN DENTON COUNTY, TEXAS. (R270617) F. ABSTRACT 29, REUBEN BEBEE SURVEY, TRACT 22F, BEING 10.00 ACRES IN DENTON COUNTY, TEXAS. (R270618) G. ABSTRACT 29, REUBEN BEBEE SURVEY, TRACT 22G, BEING 10.00 ACRES IN DENTON COUNTY, TEXAS. (R281945) H. ABSTRACT 29, REUBEN BEBEE SURVEY, TRACT 22, BEING 15.357 ACRES IN DENTON COUNTY, TEXAS. (R59825) I. ABSTRACT 29, REUBEN BEBEE SURVEY, TRACT 22A, BEING 4.625 ACRES IN DENTON COUNTY, TEXAS. (R266027) J. ABSTRACT 1281, S. WILLIAMS SURVEY, TRACT 2A, BEING 15.83 ACRES IN DENTON COUNTY, TEXAS. (R268806) K. ABSTRACT 462, GODDARD SURVEY, TRACTS 1A, 5A, 6A, AND 7, BEING 59.936 ACRES IN DENTON COUNTY, TEXAS. (R268819) L. ABSTRACT 462, GODDARD, TRACT 8, BEING 11.71 ACRES IN DENTON COUNTY, TEXAS AND BEING THE RAILROAD RIGHT OF WAY. (R57863) Mayor read the description of all the properties and declared public hearing opened. Don Hall addressed the Council on item (G) R#281945. He asked if the property was annexed what are the benefits. City Manager advised that the biggest benefit is police protection. They are already getting fire protection and eventually other options water and sewer will be provided. Don Hall advised it will create a tax burden and the little business that they have can’t support more than what they pay currently. It will take some of the rights that people have to the property, bird hunting and stuff. They conducted their own feasibility study prior to the purchase of the property. The one reason for their purchase was that the property was not in the City limits. Their main concern is the property can’t handle any more taxes. There were no other citizens who spoke for or against. Mayor declared public hearing closed. 6. Consider and Possible Action on Ordinance #04-12-08 - Amending Chapter 10, Subdivision Regulations of the Code of Ordinances of the City of Sanger. (Page 49-103) City Manager advised there were only two changes; there were two items to be underlined and on Section 9 Extension to Extraterritorial Jurisdiction, 9.03 pg. 73 (a), It serves no more than six (6) lots adjacent to a street. Motion made by Councilman Patton to adopt Ordinance #04-12-08 - Amending Chapter 10, Subdivision Regulations of the Code of Ordinance of the City of Sanger with the two wording exceptions that were prior noted. Seconded by Councilman Ervin. Motion carried unanimously. 7. Consider and Possible Action Regarding an Exemption from the Requirements of Chapter 3 (Building Regulations), Section 3.17 (Use of Metal Buildings Restricted), on Property Legally Described as O.T. Sanger, Block 21, Lot 2. Property is Located at 115 N. 5th Street. (Page 104-106) City Manager advised the Methodist Church wants to put an accessory building for Church use. They are in a B-3 district and brings into play the metal building ordinance. At the last meeting they approved the accessory building regulations that included the provision that a church or school could request a waiver of the masonry requirements for portable buildings. City Manager advised that Samantha Re nz, (Engineer Coordinator) submitted a memo indicating that the Planning and Zoning Commission had approved this with a 6-1 vote, with the following stipulations: 1. That the skirting is made of some type of masonry material, including hardy board, that will compliment or match the exterior facade of the church. 2. That the building is a color that will compliment or match the exterior facade of the church. 3. That it be landscaped as would be required for new commercial construction along the sides and rear of the property. Mayor asked if there was a reason the vote was not unanimous. City Manager indicated he did not know. Councilman Ervin asked if in the future if the vote is not unanimous, if they can get the comments from Planning and Zoning as to the reason. Motion was made by Councilman Garza to approve the exemption with the additional recommendations that were recommended by Planning and Zoning. Seconded Councilman Muir. Motion carried unanimously. 8. Information Items: (Page 107) a) New City Hall Expense Summary (Page 108) City Manager gave a brief overview of the Expense Summary report and the savings to the City by doing the project ourselves and not using a general contractor. b) Letter from TML Regarding 2006/2007 Equity Return (Page 109) City Manager advised that the City received a rebate from TML on equity return of $16,227 that was deposited into the Emergency Reserve Fund. 9. Adjournment. Mayor declared meeting adjourned.