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08/17/2009-CC-Minutes-RegularMINUTES: CITY COUNCIL MINUTES August 17, 2009 PRESENT: Mayor Joe Higgs, Councilman Thomas Muir, Councilman Russell Martin Councilman Glenn Ervin, Councilman Andy Garza, Robert Patton OTHERS PRESENT: Mike Brice City Manager, Rose Chavez City Secretary/Asst. City Manager, Rob Woods City Engineer 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Higgs called meeting to order, Councilman Patton led the invocation, 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 brought up during this section. Ed Doub, 1023 Porter Place in Sanger, addressed the Council concerning the homes that are getting built in his subdivision. Mr. Doub indicated he spoke to the City Manager and to the building department concerning this issue. Apparently, the association has covenants and restrictions on the type and size of homes that are built in their subdivision. He has been told that the City does not have jurisdiction over enforcing the covenants. Currently, there is a builder who is building homes that are not in conformance with their covenants and restrictions. He indicated that the City should have some responsibility in controlling the type of homes that get built in their subdivision by not accepting the plans. At least, give the association control committee the opportunity to review the plans before a building permit is issued. He does not want to see the homes that are getting built in the subdivision not conform to the standards set by the association. This will make all the neighborhoods comply with association requirements. This is not a difficult process if the City can help to control the development in this subdivision. Their only alternative is that the association sue the builder. There is one home built and another one is in the process. He hopes that the Council will help in keeping the homes in their subdivision consistent. John Stenzel, 1025 Porter Place in Sanger, also addressed the Council concerning the same issue. He indicated the reason he bought his home in that neighborhood was for the reason that they had their covenants and restrictions registered in the County. He indicated that the homes that are built in the subdivision are smaller with flat roofs. It does not conform to the scheme of homes in their neighborhood and does not help with the value of their homes. CONSENT AGENDA 3. a) Approve Minutes: August 3, 2009 -- Work Session August 3, 2009 -- City Council b) Disbursements c) Approve Interposal Cooperation Agreement between Denton County, Texas and the City of Sanger, Texas Regarding View Road Construction. d) Consideration and Approval of Dunkin Sims Stoffels, Inc. Scope of Services Covering the Development of the City of Sanger Sports Complex. Councilman Muir asked if they could discuss item (d). He asked if this would be on the agenda for discussion on the meeting scheduled with the Parks Board and the 4B board. The City Manager indicated that Dunkin Sims Stoffels, Inc. will be at the meeting to discuss their scope of services to the members. He indicated that he researched some architectural firms that specialized on these types of development. They have done several parks for Lewisville. One benefit is that they also have done a lot of work for various small cities. The partners in the firm have been in this type of business for 21 years. A discussion continued concerning their base fees. Councilman Muir noted a correction to the regular minutes, on #5, the last paragraph by adding the following to the motion: Seconded by Councilman Martin. Motion carried unanimously. Motion was made by Councilman Ervin to approve the minutes with the correction as presented. Seconded by Councilman Martin. Motion carried unanimously. 4. Consider any Items Removed from Consent Agenda. 5. Consider and Possible Action to Approve Resolution #R08-11-09 - Nominating a Representative to the 911 District Board of Managers. The City Manager advised there were two nominations to the Denco Area 9-1-1 District, Olive Stephens and Bob Radder. Motion was made to appoint Olive Stephens as the representative to the 911 District. Seconded by Councilman Ervin. Motion carried unanimously. 6. Consider and Possible Action on Adopting Ordinance #08-10-09 Amending Article 4.000 Of Appendix A “Fee Schedule” “Utility Related Fees” of the Code of Ordinances. The City Manager addressed the proposed fee schedule. He discussed paragraph (c) on page 50 concerning multi-family dwellings. There was some wording that was added that made it the responsibility of the owner to notify the city by the 20th of each month on how many units were occupied. If the City is not notified by the owner by the 20th of each month then highest count in the last twelve months will be used to calculate the bill. This language is also added for the manufactured home parks. The language can then be codified into the code. Councilman Ervin indicated he has a problem with this change. He did not understand that if a customer uses so much water out of one meter then why are they charge differently for the sewer service. The City Manager explained that if a business has one master meter and has multiple units they are charged for each unit. Councilman Ervin indicated he would like the City to bill differently than this method of calculating. Councilman Garza indicated this is a concern. Councilman Ervin asked if we could simplify the process by billing of the one meter for water and service and establishing one rate. The discussion continued concerning the process of billing multi-units. The City Manager was given direction to check into this further and possibly come up with a better method for calculating bills for multi-unit dwellings. The Council discussed that they need to proceed with approving the ordinance and then allow staff to bring back some alternatives. Councilman Garza indicated he was not in support of raising the rates for the same reason he had mentioned at a previous meeting. Councilman Muir made some suggestions on the wording on page 45. It seems those rates were redundant and asked if this could possibly be simplified. The City Manager indicated he would make sure that when he brings it back that this section will be modified. Councilman Ervin also inquired on the sanitation charges for the multi-units. The City Manager was not sure on the method of how the rate is calculated. Motion was made by Councilman Ervin to adopt Ordinance # 08-10-09 amending Article 4.000 of Appendix A “Fee Schedule” “Utility Related Fees” of the Code of Ordinances. Seconded by Councilman Martin. Motion carried 4-1. Voted for: Councilman Muir, Councilman Ervin, Councilman Martin, Councilman Patton. Voted Against: Councilman Garza 7. Consider and Approve the Purchase by the Sanger 4A Economic Development Corporation of Approximately .905 Acres Described as Tract 151A of the R. Bebee Survey, Old DCAD Sheet 4, Tract 20, for Economic Development Purposes. Authorize the City Manager to take the Necessary Steps to Purchase the Property and Sign the Closing Documents. The City Manager advised he was approached by a representative of Ampco on purchasing a piece of property that is less than an acre. He took it to the 4A board and the members all agreed this would benefit the We Package It property that they recently purchased for economic development. The City Council has to approve any action that is taken by the 4A board. The 4A will own the property. The final offer on the property was $15,300 and the 4A approved up to $16,500. Motion was made by Councilman Garza to approve the purchase by the Sanger 4A Economic Development Corporation of approximately .905 acres described as Tract 151A of the R.Bebee Survey, for economic development purposes, and authorize the City Manager to take necessary steps to purchase the property and sign closing documents. Seconded by Councilman Ervin. Motion carried unanimously. 9. Information Items: a) Library Monthly Report 10. Adjournment. Mayor adjourned the meeting.