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06/16/2008-CC-Minutes-RegularMINUTES: CITY COUNCIL MEETING JUNE 16, 2008 PRESENT: Mayor Joe Higgs, Councilman Robert Patton, Councilman Glenn Ervin, Councilman Mike Walker, Councilman Thomas Muir, Councilman Andy Garza OTHERS PRESENT: City Manager Mike Brice, City Secretary/Asst. City Manager Rose Chavez, Shannon Graves, Sanger Courier, Randall Smith 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor called meeting to order, led the invocation which was followed by Councilman Ervin 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 June 2, 2008 - City Council (Page 1-3) b) Disbursements (Page 4-32) c) Approval to Apply for the SAFER Grant Making a Five Year Commitment Hiring an Additional Six Fire Fighter/EMT’s d) Approval of Interlocal Agreement with Denton County for Tax Collections. e) Approval of Interconnection Agreement Between the City of Sanger and Brazos Electric Power System f) Consider and Possible Action on Ordinance # 06-23-08 - Amending Sidewalk Safety by Adding (7) New City Hall Property Located at 502 Elm Street Councilman Walker made the motion to accept consent agenda as is. Seconded by Councilman Erwin. Motion carried unanimously. 4. Consider any Items Removed from Consent Agenda. There were not any items removed from consent agenda. 5. Consider and Possible Action on Ordinance #06-22-08 - Annexing the Following Properties: A. ABSTRACT 29, REUBEN BEBEE SURVEY, TRACT 56A, BEING 2.012 ACRES IN DENTON COUNTY, TEXAS. (R179677) B. ABSTRACT 801 WM MASON SURVEY, TRACT 32, BEING 42.64 ACRES IN DENTON COUNTY, TEXAS. (R59794) C. ABSTRACT 29, REUBEN BEBEE SURVEY, TRACT 22D, BEING 10.00 ACRES IN DENTON COUNTY, TEXAS. (R270616) D. ABSTRACT 29, REUBEN BEBEE SURVEY, TRACT 22E, BEING 10.00 ACRES IN DENTON COUNTY, TEXAS. (R270617) E. ABSTRACT 29, REUBEN BEBEE SURVEY, TRACT 22F, BEING 10.00 ACRES IN DENTON COUNTY, TEXAS. (R270618) F. ABSTRACT 29, REUBEN BEBEE SURVEY, TRACT 22, BEING 15.357 ACRES IN DENTON COUNTY, TEXAS. (R59825) G. ABSTRACT 29, REUBEN BEBEE SURVEY, TRACT 22A, BEING 4.625 ACRES IN DENTON COUNTY, TEXAS. (R266027) H. ABSTRACT 1281, S. WILLIAMS SURVEY, TRACT 2A, BEING 15.83 ACRES IN DENTON COUNTY, TEXAS. (R268806) I. ABSTRACT 462, GODDARD SURVEY, TRACTS 1A, 5A, 6A, AND 7, BEING 59.936 ACRES IN DENTON COUNTY, TEXAS. (R268819) J. ABSTRACT 462, GODDARD, TRACT 8, BEING 11.71 ACRES IN DENTON COUNTY, TEXAS AND BEING THE RAILROAD RIGHT OF WAY. (R57863) Motion was made by Councilman Muir to approve the annexation of properties as described pursuant to Ordinance # 06-22-08. Seconded by Councilman Walker. Motion carried unanimously. 6 Consider and Possible Action on Ordinance #06-24-08 - Amending Electric Department Franchise Fee From 3% to 5%. City Manager again emphasized this increase does not impact the cost to the customer. Councilman Ervin asked if there was a possibility this would ever effect the customer at some point. City Manager advised the franchise fee is set by Council and they decide whether to pass it through as a tax to the customer. The reasons for raising the fee were discussed. The City will start charging the actual cost for electricity to all the departments and the increase in the franchise fee will offset the cost in the General Fund. Motion made by Councilman Patton to approve ordinance #06-24-08 Amending Electric Department franchise fee from 3% to 5% percent. Seconded by Councilman Muir. Motion carried 4 to 1. Councilman Patton, Councilman Garza, Councilman Muir, Councilman Walker voted for. Councilman Ervin voted against. 7. Consider and Possible Action Regarding Development Agreements in Lieu of Annexation, Between the City of Sanger and Certain Property Owners in Accordance with Local Government Code Sections 43.035 and 212.172. Motion made by Councilman Patton to approve Development Agreements in lieu of annexation between the City of Sanger and two aforementioned landowners as presented. Seconded by Councilman Walker. Motion carried unanimously. 8. Consider and Possible Action Regarding a Preliminary Plat for the Fasano Addition, Lot 1, Block A, Being Approximately 46 Acres in the J. Tiller Survey, Abstract 1283 in the City of Sanger’s Extra Territorial Jurisdiction. City Manager indicated items 8 &9 are the preliminary and final plats on this property located in our ETJ. The owner is platting the property to allow his son to build a home. Motion was made by Councilman Muir to approve the preliminary plat for Fasano Addition Lot l, Block A, being approximately 46 acres in the J. Tiller Survey. Seconded by Councilman Ervin. The motion was amended by Councilman Muir to correct the acreage from 46 acres to 1.24 acres. Seconded by Councilman Ervin. Motion carried unanimously. 9. Consider and Possible Action Regarding a Final Plat for the Fasano Addition, Lot 1, Block A, Being Approximately 1.24 Acres in the J. Tiller Survey, Abstract 1283 in the City of Sanger’s Extra Territorial Jurisdiction. Motion was made by Councilman Walker to approve the final plat. Seconded by Councilman Garza. Motion carried unanimously. 10. Conduct Public Hearing to Consider a Zoning Change from Old Single Family 3 (Old SF3) to Single Family 8 (SF8) on Property Legally Described as Hampton Addition, Block 2, Lot 2. The Property is Located at 311 S. 7th Street. Mayor declared public hearing opened. There was no one who spoke for or against this zoning change. Mayor declared public hearing closed. 11. Consider and Possible Action Regarding a Zoning Change from Old Single Family 3 (Old SF3) to Single Family 8 (SF8) on Property Legally Described as Hampton Addition, Block 2, Lot 2. The Property is Located at 311 S. 7th Street. Motion was made by Councilman Patton to approve the zoning change from Old Single Family 3 (SF3) to Single Family 8 (SF8) on property legally described as Hampton Addition, Block 2, Lot 2 located at 311 S. 7th Street. Seconded by Councilman Garza. City Manager clarified that Steve Koch submitted plans for 888 square-foot home; however, he is building a 1,000 square-foot home under the SF8 zoning. The home will be brick and will include two off-street parking spaces. Brief discussion concerning the variances that are available are only for Habitat for Humanity and grant homes. Motion carried unanimously. 12. Conduct Public Hearing to Consider a Zoning Change from Agriculture (AG) to Industrial 1 (I-1) on Property Legally Described as Abstract 725, B.F. Lynch Survey, Tracts 13 & 14, Being a Total of Approximately 137.1 Acres. Property is Located North of the Wal-Mart Distribution Center and Bounded on the East by the B.N.S.F. Railroad Tracts and Bounded on the West by Interstate 35. Mayor declared public hearing opened. Randall Smith, 5428 Lake Victoria Court, Flower Mound, Texas addressed the Council as a representative for the Skiles’ property trust. They have a potential industrial distribution user that they are in negotiations and can’t disclose their identity. They would like consideration for the zoning change. Mayor declared public hearing closed. 13. Consider and Possible Action Regarding a Zoning Change from Agriculture (AG) to Industrial 1 (I-1) on Property Legally Described as Abstract 725, B.F. Lynch Survey, Tracts 13 & 14, Being a Total of Approximately 137.1 Acres. Property is Located North of the Wal-Mart Distribution Center and Bounded on the East by the B.N.S.F. Railroad Tracts and Bounded on the West by Interstate 35. Councilman Ervin moved to approve the zoning change. Seconded by Councilman Walker. Motion carried. 14. Information Items: a) City of Sanger Investment Report b) City of Sanger Financial Report c) Chamber Investment Report d) Monthly Library Report e) Letter from Citizen f) Legislative Update 15. Adjournment. Mayor declared meeting adjourned.