06/18/2007-CC-Minutes-RegularMINUTES: CITY COUNCIL
DUNE 18, 2007
PRESENT: Mayor Higgs, Councilman Muir, Councilman Walker, Councilman Patton,
Councilman Ervin, Councilman Garza
OTHERS
PRESENT: City Secretary/Assistant City Manager Rose Chavez, Engineering Coordinator
Samantha Renz, City Engineer Rob Woods, Bill Fuller, Joyce Fuller, Marie Putt,
Annette Williams, Laura Uzzell, Ted Christensen, Ron and Jeannie Vanderoest,
Donny Mack, Russell Martin, Margaret and Reid Laze, Steve and Trisa Koch,
Buster and Malinda Kirkland, Richard and Allison Perry.
1. Call Meeting to Order, Invocation, Pledge of Allegiance.
Mayor Higgs called meeting to order, Councilman Garza led the Invocation followed by
Councilman Muir leading the Pledge of Allegiance.
CONSENT AGENDA
2. a) Approve Minutes: June 4, 2007 -Minutes
b) Disbursements:
a) Motion was made by Councilman Ervin to approve minutes as presented. Seconded
by Councilman Garza. Motion carried unanimously.
b) Motion made by Councilman Ervin to approve disbursements as presented.
Seconded Councilman Patton. Motion carried unanimously.
3. Citizen's Input:„
Citizens are allowed 3 minutes to speak. The City Council is unable to respond to or to discuss any issues that
are brought up during this section.
4. Conduct Public Hearing to Consider a Concept Plan Relating to a Future Zoning Request
Change from AG (Agriculture) to PD (Planned Development) on Property Legally
Described as Abstract 1024, R. Prather Survey, Tract 4, Being 29.373 Acres and Abstract
103, P.S. Black Survey, Tract 18, Being 8.301 Acres. Property is Located North of Indian
Springs Subdivision and East of Choctaw Ridge Estates.
Mayor declared Public Hearing open.
William Fuller,18700 Creekview Road, stated that he was not against the development of
the property but was concerned that it be developed correctly. He asked all the residents
present, that have similar concerns to stand. Concerns were traffic, only one way in and
one way out, and the roads. The current roads are sub -standard. They do not feel that the
road will stand up to the heavy equipment necessary to build this development. This is in
the Bolivar water area. Mr. Fuller attended the Planning and Zoning meeting when this
was approved. Bolivar Water was one of the issues of concern, and if they were able to
provide adequate water supply for fire protection. Mr. Fuller advised that Steve Koch
of S&T informed Planning and Zoning that Bolivar Water would and could provide fire
hydrants and piping that met City standards.
Density was discussed; existing development is 30 lots ranging from 1.2 to 3.2 and the
average is 1.9 acres per lot. S&T proposed 28 lots ranging from 1.2 to 1.3 acres. The City
ordinance is 36' wide with curbs, gutters and sidewalks. Steve Koch is requesting 24' wide
streets with no curbs, gutters or sidewalks.
Mr. Fuller indicated that City Engineer, Rob Woods, had expressed that concrete was 15
to 20% higher than asphalt and that one of the Planning and Zoning members agreed this
would be acceptable since it ties into asphalt. The City signed a contract for over a %
million dollars to improve Indian Springs roads, which did not last ten years. Mr. Fuller
expressed that the development should follow City standards. He indicated that he spoke
to Linda Thaten and was advised that asphalt costs the same as concrete, if put in correctly.
Drainage concerns were expressed and he asked that it also be done to City code with all
the required inspections.
Marie Putt, 7078 Choctaw Ridge, expressed concerns about roads and traffic since they
have a County road. She was also worried about drainage and asked if there was a
drainage plan. She indicated that she would like to see a different entrance to the property.
Reid and Margaret Lange,18778 Creekview, indicated that they and two neighbors had
received damage due to flood waters because of drainage from the property that sits above
and drains towards them. Margaret indicated that she had prepared a time line from 1996
through 1998 regarding drainage issues and she has talked to Don Holson in regards to a
solution for drainage problems. She, along with the neighbors South of them, built a burin
and cut the existing ditch deeper to allow drainage to an existing water shed. She
indicated that she had been talking to the County during this time as well. Mrs. Lange
continued with lengthy discussion regarding drainage issues.
Richard Perry, 7046 Chocktaw Ridge, indicated he had the same concerns regarding traffic,
drainage and the access into the development. He indicated that emergency vehicle access
might present a problem.
Annette Williams, 7079 Choctaw Ridge, presented a letter that her husband had drawn up
which echoed the same concerns.
Allison Perry, 7046 Choctaw Ridge, indicated that this has been a private development and
that most of the residents have children; currently they do not have to deal with heavy
traffic. Mrs. Perry indicated that when you drive down Creekview, you cannot pass
without going around into the grass or having to stop.
Mayor declared public hearing closed.
5. Consider and Possible Action Regarding a Concept Plan Relating to a Future Zoning
Request Change from AG (Agriculture) to PD (Planned Development) on Property Legally
Described as Abstract 1024, R. Prather Survey, Tract 4, Being 29.373 Acres and Abstract
103, P.S. Black Survey, Tract 18, Being 8.301 Acres. Property is Located North of Indian
Springs Subdivision and East of Choctaw Ridge Estates.
Steve Koch, 7125 Huntington Drive, indicated that he is proposing a twenty six to twenty
eight lot subdivision that should match what is there. The drainage study has not been
done, but per City code, the engineer will have to approve it. The average home in
Huntington Ridge is $275,000. Mr. Koch discussed the tax revenues to the City. He
indicated that he does not feel the drainage is an issue and there is a possibility of a
retention pond. Regarding the concrete, he handed out a bid from Quality Excavation and
indicated that there is a 12 to 15% cost difference on concrete which is a difference of
$152,000.00. The density is less than Indian Springs and less than Heritage West. He
indicated that he could put 160 homes in the subdivision and there would be about 320
cars. He indicated that he is dedicating a right-of-way to the City to allow a second way out
in the future.
Discussed layout.
Councilman Garza expressed a concern regarding the drainage flow.
Steve Koch indicated that it would go under the road to the West and down into the ditch.
Lengthy discussion followed concerning the drainage issues and detention ponds.
Councilman Garza asked why Mr. Koch was building 24' roads.
Mr. Koch indicated it was due to cost, and that it matches what is there.
Discussed that the property is landlocked and the County road has to be used to get to the
development.
Councilman Ervin indicated he has a problem with saving $152,000 when we are spending
$450,000 to $470,000 to repair a similar road.
Discussion followed concerning the sidewalks, asphalt street versus concrete streets, and the
cost to the developer.
City Engineer, Rob Woods asked Mr. Koch if his asphalt quote was based on 5" or 6".
Mr. Koch indicated that the quote was for 5".
City Engineer, Mob Woods indicated that the city's comparison was for 6"asphalt.
Councilman Muir explained that a planned development allows the developer and the City
to come to an agreement of what is going to be built there.
it Koch, Steve Koch's wife, addressed council and advised, that she has been to several
City Council and Planning and Zoning meetings and has seen many tract subdivisions and
has heard them discuss the need for larger homes which is what they are trying to do.
Discussed adjacent properties and possible right -of --way access.
Councilman Ervin discussed aerobic systems and asked if they are allowed in the City
limits.
Staff indicated they are, if the property is over 200' from a City main.
Councilman Muir asked if the Council could give direction on what items Mr. Koch
should come back with.
Councilman Patton said he would like to see a second access and stands firm by the concrete
roads and drainage issues.
Councilman Ervin expressed concerns regarding fire protection. The City has tried to
work with Bolivar Water in the past with no success, and he doesn't want to proceed until
the City has a letter from Bolivar Water.
Councilman Walker indicated that Mr. Koch builds a very fine house and he would like to
work with him, but ordinances are ordinances and they are there for a reason.
Mr. Koch asked if he has concrete roads and satisfactory drainage would the Council be
against or in favor.
Councilman Muir indicated that he would agree if Mr. Koch had concrete roads, extra
drainage and fire protection in the development.
Mayor indicated that he would like to see another access.
Councilman Patton indicated that he would like Mr. Koch to explore an additional
entrance.
Mayor indicated that he would like to see concrete streets, a drainage study, and fire
protection.
City Engineer indicated that 24 streets would be acceptable.
Councilman Muir made a motion to approve the concept plan with the following criteria;
24' wide, 6"concrete streets with proper preparation, water detention equal to 125% of
the pre -development flow, guaranteed fire protection with a letter from Bolivar Water and
preference to checking other alternate accesses (good faith effort). Councilman Walker
seconded.
Councilman Muir voted yes.
Councilman Walker voted yes.
Councilman Patton voted yes.
Councilman Ervin voted no.
Councilman Garza voted no.
Motion carried 3 to 2.
6. Consider and Possible Action on All Board Appointments of the City of Sanger.
Board of Adjustment reappointments are Tracy Murphree, Babbye Robison, James Adams
and John Looper.
Councilman Ervin moved to approve all the reappointments to the Board of Adjustments.
Seconded by Councilman Garza. Motion carried unanimously.
Planning and Zoning reappointments are Brian Hutcherson and Paul Edelman.
Councilman Ervin moved to approve all reappointments to Planning and Zoning. Seconded
by Councilman Walker. Motion carried unanimously.
Parks Board reappointments are Laura Wilson and Carrie Bilyeu. Councilman Ervin
moved to approve all reappointments to the Parks Board. Seconded by Councilman Garza.
Motion carried unanimously.
Keep Sanger Beautiful reappointments are Elizabeth Higgs, Yvonne Cain, Carolyn Frazier
and Alice Madden. Councilman Muir made motion to approve all reappointments to Keep
Sanger Beautiful. Motion seconded by Councilman Walker. Motion carried unanimously.
Planning and Zoning needed two appointments. Councilman Ervin asked to hold off on
the reappointments so that Planning and Zoning can present recommendations.
Mayor indicated that Keep Sanger Beautiful asked to wait on their appointments.
Library appointments are Diane Shuskey and Judy Rodgers, Councilman Walker moved
to approve appointments. Councilman Muir seconded. Motion carried unanimously.
Sanger Texas Development Corporation appointments are Barbara Martin and Lyndall
Mitchell. Councilman Muir moved to approve appointments. Councilman Walker
seconded. Motion carried unanimously.
}
7. Accept Resignation from Councilman Robert Patton on Advisory Committee for Tomlin
Investments and Consider Possible New Appointment.
City Secretary indicated that at the last Advisory Committee meeting, Councilman Patton
turned in his resignation which was accepted by the Advisory Committee. In the meeting
with Gary Bilyeu, Chairman of the Advisory Committee, Mayor Joe Higgs, Bob
Helmsberger, Rob Woods and herself, they discussed the need for the City Manager to serve
on the committee. City Secretary indicated that they all agreed that she needed to attend
as interim City Manager until the next City Manager is hired along with the City Engineer.
Councilman Patton explained his resignation and felt there was a conflict with him being
on the Council and the Advisory Committee at the same time.
Discussion.
Councilman Muir would like to see incremental reports.
Councilman Ervin moved to accept Councilman Patton's resignation from the Advisory
Committee and appoint the City Manager to the Advisory Committee. Councilman Walker
seconded. Motion carried unanimously.
8. Consider and Possible Action to Award Bid for Concrete Work Quail Run Project.
Councilman Ervin moved to deny the one bid received and authorize to rebid. Seconded
by Councilman Patton.
Councilman Garza asked what was the bid for.
City Engineer advised that it is for the Quail Run Park off street parking, playground and
basketball court.
Discussion concerning the bidding process and bond requirements. City Engineer advised
all projects that exceed the $25,000 must be advertised for bid.
Motion carried unanimously.
9. Consider and Possible Action on Ordinance #06-19-07 -Amend Ordinance #O1-02-07 to
Include Permit Fees and a Processing Fee for Mixed Beverage Sales in Restaurants.
Discussion.
Councilman Patton moved to approve Ordinance #0649-07. Councilman Ervin seconded.
Motion carried unanimously.
i
Caption as Follows:
AN ORDINANCE OF THE CITY OF SANGER, TEXAS AUTHORIZING A PERMIT
FEE FOR PREMISES AUTHORIZED TO SELL BEER AND WINE FOR OFF PREMISE
CONSUMPTION, AND FOR PREMISES TO SELL MIXED BEVERAGES FOR ON
PREMISE CONSUMPTION IN RESTAURANTS AND A PROCESSING FEE; AND
PROVIDING AN EFFECTIVE DATE.
10. Consider and Possible Action on Ordinance #06-20-07 -Adding Regulations for Mixed
Beverage Sales in Restaurants, Amending Signs and Advertising, and Adding a Fee
Schedule for Alcohol Beverage Permit and Processing Fees.
Discussion.
Councilman Ervin moved to approve Ordinance #06-20-07. Councilman Walker seconded.
Motion carried unanimously.
Caption as follows:
AN ORDINANCE OF THE CITY OF SANGER, TEXAS AMENDING THE CODE OF
ORDINANCES OF THE CITY OF SANGER AS HERETOFORE AMENDED, BY
AMENDING CHAPTER 4, ARTICLE 4.100 ALCOHOLIC BEVERAGES SECTION
4.1005 HOURS OF SALE OF ALCOHOLIC BEVERAGES; AND AMENDING 4.1006
SIGNS AND ADVERTISING; AND AMENDING APPENDIX A FEE SCHEDULE BY
ADDING ARTICLE 7.000 ALCOHOL BEVERAGE PERMIT FEES; PROVIDING FOR
THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR
AN EFFECTIVE DATE.
11. Discuss Possible Sale of City Property -Southwest PortionSite, Being 3.8
Acres South of Clear Creek and West of the Railroad.
City Secretary advised that she was approached by a property owner who is adjacent to
the city's property who is interested in purchasing 3.8 acres of the property. Since then,
during a staff meeting, Eddie Branham advised by memorandum that he recommends that
we control both sides of the creek due to the location of the plant and the discharge point.
His recommendation is not to sell the 3.8 acres.
Council agreed not to sell property.
12. Consider and Possible Action on Ordinance #06-21-07 - Establishing a 25 mph Speed Limit
for Sable Creek Subdivision.
Councilman Ervin said that the signs have been up since day one.
i
3
Discussion.
Councilman Walker moved to adopt Ordinance #06-21-07. Seconded by Councilman
Patton,
Councilman Ervin asked if this included all the streets in the subdivision.
Staff indicated that it did.
Motion carried unanimously.
Caption as follows:
THAT CHAPTER 12, ARTICLES 12.500 SPEED LIlVIITS OF THE CODE OF
ORDINANCES OF THE CITY OF SANGER, TEXAS, IS HEREBY AMENDED; BY
ADDING SECTION 12.505 (19) AS A SPECIAL SPEED ZONE, SETTING THE SPEED
LIMIT IN SABLE CREEK SUBDIVISION AT 25 MPH, PROVIDING FOR THE
REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR
AN EFFECTIVE DATE.
13. Consider and Possible Action on Ordinance #06-22-07 - Authorizing the Issuance of City
of Sanger, Texas Combination Tax and Revenue Certificates of Obligation, Series 2007;
Prescribing the Terms and Form Thereof; Providing for the Payment of the Principal
Thereof and Interest Thereon; Awarding the Sale Thereof; Making Other Provisions
Regarding Such Certificates; Including Use of the Proceeds Thereof, and Matters Incident
Thereto.
Mayor inquired about a possible environmental study.
Ted Christensen advised that it was not a precursor and advised that it was a separate issue
from the actual issuing of the debt.
Discussion.
Ted Christensen also advised that this money could be used to buy another building or
another piece of property.
Councilman Patton moved to approve Ordinance #06-22-07. Councilman Walker seconded.
Motion carried unanimously.
14. Consider and Possible Action to Enter a Lease Agreement with Carlaw, LLC on Property
Situated on 125 Bolivar Street.
City Secretary indicated that this is the lease agreement on the building next door.
3
Discussion.
Councilman Walker moved to enter into a lease agreement with Carlaw, LLC. Councilman
Muir seconded. Motion carried unanimously.
15. Consider and Possible Action to Enter Into a Purchase Agreement with Carlaw, LLC on
Property Situated on 125 Bolivar Street Being Lots 5, 6, 7, 8, 139 149 15, 16, Block 7, Original
Town,
Councilman Muir made motion to enter into a purchase agreement with Carlaw, LLC.
Discussion on environmental issues.
Councilman Muir withdrew his motion.
More discussion on environmental issues.
Councilman Walker moved to send purchase agreement back to the City Attorney to add
the cost of the environmental study back into the seller's obligation.
? Discussion.
Councilman Walker withdrew his motion.
Councilman Ervin moved to approve real estate contract as presented. Councilman Patton
seconded. Motion carried unanimously.
16. Consider and Possible Action to Enter Into a Lease Agreement with Gaffke Texas
Commercial Properties, LLC.
Councilman Muir felt that in Article H (Lease Term) there should be a beginning date or
a blank fill in date. He would like for it to be re -worded to say the lease shall begin
commencing the date above and shall expire at such time the premises are conveyed to the
lessee not the lessor.
Councilman Muir made a motion that we enter into a lease agreement as presented with the
correction to Article II under lease term that the attorney dictates that the term begins on
the earliest date possible and/or the date of this lease agreement and shall expire at the time
that the property is conveyed to the City of Sanger as the lessee.
Councilman Walker seconded. Motion carried unanimously.
17. Consider and Possible Action to Enter Into a Purchase Agreement with Gaffke Texas
Commercial Properties, LLC.
Councilman Patton moved to enter into a purchase agreement with Gaffke Texas Commercial
Properties, LLC. Councilman Ervin seconded. Motion carried unanimously.
as Consider and Possible Action on Warrant and Utility Collection Services with American
Municipal Services.
19.
20.
21.
22.
City Secretary advised that she and Christy Punches met with American Municipal Services
on outstanding warrants and collections on utility bills.
Christy Punches addressed Council. on the difference in the company we previously used and
the new company as far as the rates and amounts collected.
Councilman Ervin moved to approve. Councilman Patton seconded. Motion carried
unanimously.
Executive Session: Pursuant to Open Meetings Act, Chapter 551, Texas Government Code,
Section 551.074 Personnel Matters:
a. Review of Applicants for City Manager Position
b. Compensation Salary for Economic Development Director
Mayor convened Council into Executive Session at 9:48 p.m.
Reconvene: Into Regular Session and Consider Action, if any, on Items Discussed in Executive
Session.
Mayor reconvened Council at 11:16 p.m.
Councilman Muir moved to advise Waters Consulting Group to move forward with candidate
number one. Councilman Patton seconded. Motion carried unanimously.
Councilman Patton moved to proceed with the compensation salary of the Economic
p Develoment Director as discussed in Executive Session.
Motion carried unanimously.
Possible List of Future Agenda Items.
Councilman Walker seconded.
Councilman Patton wants to address the issue with Travis Underwood on 3"' Street.
Mayor adjourned meeting.
ATTEST:
Rosalie Chavez, City Secreta