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04/04/2005-CC-Agenda Packet-Regular1. 2. 3. AGENDA CITY COUNCIL MONDAY, APRIL 4, 2005 7:00 P.M. 201 BOLIVAR Call Meeting to Order, Invocation, Pledge of Allegiance. a) Approve Minutes: b) Disbursements Citizen's Input. CONSENT AGENDA March 21, 2005 Conduct Public Hearing to Consider Proposed Changes to the Zoning Ordinances. 5. Consider and Possible Action on Recommendation to City Council Regarding Changes to the 2F Zoning Category as Proposed in Ordinance #04-06-05. 6. Consider and Possible Action Regarding Adopting of Ordinance #04-06-05. '7. Conduct Public Hearing to Consider a Specific Use Permit for Placement of a Mobile Home on Agricultural Zoned Property Legally Described as Metz Estates, Block 1, Lot 4. 8. Consider and Possible Action Regarding a Specific Use Permit for Placement of a Mobile Home on Agricultural Zoned Property Legally Described as Metz Estates, Block 1, Lot 4. 9. Conduct Public Hearing to Consider a Specific Use Permit for a Temporary Concrete Batch Plant to be Located on Property Legally Described as Sable Creek Phase I. 10. Consider and Possible Action Regarding a Specific Use Permit for a Temporary Concrete Batch Plant to be Located on Property Legally Described as Sable Creek Phase One. 11. Consider and Possible Action on the Preliminary Plat for Sanger Industrial Park, Being 5 Lots on Tracts 1 and 2. 12. Consider and Possible Action on the Final Plat for Sanger Industrial Park, Being 5 Lots on Tracts 1 and 2. 13. Conduct Public Hearing to Consider a Zoning Request Change from Ag (Agriculture) to I-1 ( Industrial -1) on Property Legally described as Abstract 940, McKinney and Williams Survey, Tract 4, being 2.34 Acres, and Abstract 940, McKinney and Williams Survey, Tract 6, being 4.00 acres. Property is Located off of Cowling Road. 14. Consider and Possible Action Regarding a Zoning Request Change from Ag (Agriculture) to I-1(Industrial -1) on Property Legally described as Abstract 940, McKinney and Williams Survey, Tract 4, being 2.34 Acres, and Abstract 940, McKinney and Williams Survey, Tract 6, being 4.00 acres. Property is Located off of Cowling Road. 15. Consider and Possible Action on Classification of a New and Unlisted Use, 1us Consider and Possible Action Regarding the Appointment to the Denton County Transportation Authority Board of Directors. 17. Consider and Possible Action on a Cost to Pursue With Engineering Services for Hydraulic Analysis on Duck Creek Drainage Problem. 18. Consider and Possible Action to Proceed with the Planning of Clear Creek Waste Water Treatment Plant and Utilize Funds for Expenditure. 19. Consider and Possible Action Regarding Settlement with Kenneth Minhinnett's on Sewer Lines at No Frills. 20. EXECUTIVE SESSION: In Accordance with Texas Government Code, Subchapter D, Section 551.074 Personnel Matters a. City Manager Evaluation 21. RECONVENE into Regular Session and Consider Action, if Any, on Items Discussed im Executive Session, 22. Adjourn. Pursuant to the Texas Open Meetings Act, Chapter 551, Texas Government Code, one or more of the above items may be considered in executiye session closed to the illpublic. Any final action, decision or vote on such matter will be made in o,66 fsessio ill folt ng the conclusion of the executive session. City Time Posted t This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at (940) 4584930 for further information. MINUTES: CITY COUNCIL WORKSHOP MARCH 21, 2005 PRESENT: Mayor Tommy Kincaid, Councilman Glenn Ervin, Councilman Joe Higgs, Councilman Jimmy Evans, Councilman Andy Garza, Councilman Mike Lawler OTHERS PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez, Administrative Secretary Geraline Davis, Streets/Parks Superintendent John Henderson, Electrical Superintendent Michael Prater, John Springer, Liz Springer, Michael Davis 1. Mayor called Meeting to Order. 2. Auditor's Presentation Regarding Fiscal Year 2003/2004 Audit. William Spore addressed the Council with 2003/2004 audit report. Mr. Spore addressed all areas and explained the new accounting as required by the provisions of GASB No. 34. The report included Fund Financial Statements and review of Net Assets. 3. Meeting adjourned. MINUTES: CITY COUNCIL March 21, 2005 PRESENT: Mayor Tommy Kincaid, Councilman Andy Garza, Councilman Mike Lawler, Councilman Jimmy Evans, Councilman Joe Higgs, Councilman Glenn Ervin OTHERS PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez, Administrative Secretary Geraline Davis, Streets/Parks Superintendent John Henderson, Electrical Superintendent Michael Prater, John Springer, Liz Springer, Michael Davis, Mark Hill, Jan Looper, Johnny Looper, Kathy Floyd, Nel Armstrong, Ken Perry, Joyce Fuller, Bill Fuller, Rusty Patton, Chase Johnson, Cynthia White, Chris Steubing, Eddie Lane, Mike Walker, Patti Walker, Gayland Howell, C.G. McNeill, David Zulejkic 1. Mayor called Meeting to Order, Councilman Garza led Invocation which was followed by Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes: March 7, 2005 b) Disbursements Councilman Ervin moved to accept the Consent Agenda. Councilman Lawler seconded. Motion carried unanimously. 3. Citizen's Input. None. 4. Consider and Possible Action Regarding Budget Amendments to the FY 2003/2004 Budget as Presented by Bill Spore. Bill Spore addressed the Council regarding Budget Amendments as discussed in the workshop. Councilman Garza moved to accept the Budget Amendments. Motion was seconded by Councilman Evans. Motion carried unanimously. 5. Consider and Possible Action Regarding Approval of the Fiscal Year 2003/2004 Audit as Presented by Bill Spore. Councilman Evans moved to approve the Fiscal Year Audit as presented. Motion was seconded by Councilman Garza. Motion carried unanimously. 6. Consider and Possible Action on Appointment of Auditor for Fiscal Year 2004/2005. Councilman Higgs moved to appoint Bill Spore as City Auditor for Fiscal Year 2004/2005. Motion was seconded by Councilman Evans. Motion carried unanimously. 7. Consider and Possible Action on Rising Star Drainage/Flooding Issues. Commissioner Cynthia White addressed the Council with an apology for the length of time it has taken to evaluate this situation. She indicated that Jack Dyer (County Engineer at that time) and herself had met with the Looper's in June of 2004 in regards to flooding and to see if the culvert on Duck Creek could be contributing to the problem. Commissioner White did express that the County had jurisdiction at the right -of --way and the drainage ditches along Duck Creek. Commissioner White then introduced Denton County's new Director of Public Works, Chris Steubing, to address the Council on this matter. Mr. Steubing indicated that he took approximately 1000 acres, drainage and water shed numbers to find what rate the water crosses on Duck Creek. He indicated the rate is 2600 cubic feet a second in a 100-year event. Chris Steubing indicated concern on channel improvements upstream and downstream. His analysis indicated there is no easy way to fix the problem. It would cost the County more than $160,000.00 for (8) 8 ft by 5 ft box culverts to fix a problem that would not change the Looper's situation at all and would lower water elevation by V2 ft. The numbers were run at 2 year and all the way up to a 100-year event. Discussion regarding the following issues continued: a. The County can clean out the ditches b. Survey needs to be conducted further downstream. c. Looper's house by FEMA map is in the flood plain. d. Clearing the channel and how it would effect the Looper's property. City Manager indicated that possibly the City of Sanger and the County could make a joint effort by City of Sanger to widen the ditches upstream. The County could then put 8x 5 concrete boxes under the road and widen the ditch downstream. This would allow for a better flow and possible alleviate the problem. Chris Steubing indicated that he believed it would make a difference. Commissioner White indicated she would be more apt to assist and spend $160,000.00 if the City of Sanger would make a joint effort to correct the problem. Discussion. Chris Steubing suggested the City get a hydraulic analysis. Discussion. Councilman Evans indicated he would like for staff to gather and have something for Council to consider by the next Council meeting. Councilman Higgs moved that staff find out how much it cost for a hydraulic analysis and for it to be brought back before City Council for approval. Motion was seconded by Councilman Evans. Motion carried unanimously. 8. Consider and Possible Action Regarding the Utilization of the Texas Forest Grant and the Decision on Matching Procurement. Fire Chief Pennington addressed the Council concerning this Grant. The All Department received a Grant for $108,000.00 from the Texas Forest Service for the purchase of a tanker. The estimated cost for this equipment was $238,000.00. This equipment would raise the ISO by two credit ratings. Mr. Pennington indicated the $108,000.00 will be the down payment and the City would not have a payment until October 2006. Discussion. Councilman Evans moved to approve the $238,000.00 truck. Motion seconded by Councilman Garza. Discussion. Motion carried unanimously. 9. Consider and Possible Action Regarding Hiring an Additional Fire Department Employee. David Pennington, Fire Chief indicated the Fire Department had received a second grant from Homeland Securities Preparedness. Chief Pennington indicated in this year's budget there were allocations made for the purchase of bumper gear, radios and a thermal imager. This grant will pay for those expenses and allow the monies to be used toward salaries to hire a full time employee. Discussion. Councilman Evans moved to hire a new employee for the Fire Department. Motion was seconded by Councilman Ervin. Motion carried unanimously. 10. Consider and Possible Action to Reconsider Bid from TektOn Building and Development for Phase I Restoration of the Old Sanger Presbyterian Church. Nel Armstrong, Chairman of the Sanger Area Historical Society, addressed the board indicating this project has been put out for bid on 2-3 separate occasions and each time we only received one bid. She indicated she spoke with Brad Patterson with Texas Historical Commission, and he agreed that changes could be made to the architectural specs. The City Manager and Nel met with the architect, Arthur Weiman and Mike James, contractor, to discuss the changes. The bid of $92,546.00, must be approved pending negotiations to lower his bid. Discussion. City Secretary indicated a change order would be negotiated and then it would be brought before the Council again for final approval. Discussion. Councilman Ervin moved to accept the bid of $929546.00 contingent upon negotiating a change order to lower the cost of the bid, then it is to be brought back to City Council for evaluation and final approval of the change order. Motion was seconded by Councilman Higgs. Motion carried 44. Councilman Lawler voted no. 11. Consider and Possible Action Regarding Professional Services Agreement with Carter Burgess. City Manager indicated this is a standard professional agreement and does not commit the City of Sanger for these services. Mark Hill with Carter Burgess addressed the Council indicating the document was a general services contract which contains hourly rates for small projects. Discussion. Councilman Evans moved to accept agreement. Motion was seconded by Councilman Garza. Motion carried unanimously. 12. Consider and Possible Action on the City Maintaining Water and Sewer for Sanger Mobile Home Park. Councilman Garza expressed concern as to why.this item was on the agenda. City Manager indicated a Councilman requested this item to be on the agenda for consideration. Councilman Lawler indicated he needed clear answers on why our city employees are working on private property. David Zulejkic, owner of the mobile home park, addressed the Council indicating that an easement has been granted to the City and the agreement has been in place since 1989. He indicated there is not a difference in servicing his mobile homes and servicing homes with alleys. Mayor indicated that our city attorney advised that it is illegal for us to be on private property. City Manager continued by reading a letter that was sent to the City by an attorney with TML. City Secretary indicates she sent the easements to Mr. Dillard for review. He indicated the easements gave us the right to be on the property; however, it still was not legal. Mr. Dillard indicated at that time the City needed to abandon easements. Discussion. Councilman Lawler moved to abandon the easements. Motion abandoned due to no second. 13. Consider and Possible Action on Resolution #03-04-OS -Setting Date, Time and Place for Public Hearings On Proposed Annexations. Mayor read the following caption: A RESOLUTION SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON PROPOSED ANNEXATIONS ON CERTAIN PROPERTY BY THE CITY OF SANGER, AN AUTHORIZING AND DIRECTING THE PUBLICATION OF NOTICE OF SUCH PUBLIC HEARINGS. Councilman Evans moved to accept Resolution #03-04-OS -Setting Date, Time and Place for Public Hearings On Proposed Annexations. Motion was seconded by Councilman Garza. Motion carried unanimously. 14. Meeting adjourned. 4/01/2005 12:02 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 1 PACKET: 00135 CM VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 15 ADMINISTRATION BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET ,;NDOR NAME ITEM H G/L ACCOUNT NAME DESCRIPTION CHECKN AMOUNT 99-02170 REINERT PAPER & CHEMICA I-44935 001-15-5245 JANITORIAL SU CLEANING SUPPLIES 000000 16.72 99-02460 CINGULAR WIRELESS I-45155 001-15-5510 TELEPHONE SER CELL PHONES 000000 69.35 DEPARTMENT 15 ADMINISTRATION TOTAL: 86.07 (� C z O Q _ -I O rmr _ . �CC°z cn 0 N CD O C CD -Tl rCI1-r CD CD OO cn pai CD can <, 0 D CD - 3 O = O (D � 70 c aj CD — � C V z 0 O t O (D U =0 cam O n Ul O ,C CD O O <• u Lo cn m m 3 CD rr = Q NCDL CD rr' QJ (DD r�-r (D CAD r--r Z3 -s = n CD O rt O0 n p �l O O U' • �D CD --h Q rot LO o 3 :: > 0 3CD _ 0 mr 0 0 CD Moto c� mmtm N 0 0 0 0 N O O 0 WA W h 1 ;1J L 0 C D O� C cn o n CC - q- F: 0 O z z00 D D -p o fD N � cn • Z3 LO LU A- -Ul- 42q� -(A� < rmt (D v F" �-► F" O O r00 o w C N m Ni C) F—► CDLn CD O —' �-► LO O zT O cn � co CD O W � (D OUl Lo F" O O O-- O nrn . o� oer --� �'- � 0 oo (' V \ Q r (Mot Z3 CD F a) � tJl N O N O N N O o n' o CD �l 70 3 C D 0 0 o � � cD o G� � D c n O CD 0 �-J 0 CD. 'D tQ n l0' CD n O O 7 0 a C:7 O 0 O (D -+, rmtO n C p o rr� CD Z' mmmmmin3 3 (D (D can rmto ssslCD CO r � Q O fl1 (p CD _ . r-r Ln O rn Or) (D CD rmto rots cz � O Mt 0 (D cam , 3 CL O QCss=tsQ fi n � CD O Q 3 Ln CT Lo �* ai Z3 L O CD rt r o !D O _ O ssG � �' O n (D o MMILn 3 v `° � o ai rssts Ul 0 `I{E TOWN Op e . � ,ON 00 T E X A April 6, 2005 Ms. Rosalie Chavez PO Box 1729 Sanger, TX 76266 Re: Lake Ralph Hall Presentation Dear Ms. Chavez: Enclosed are both an electronic and paper copy of the Lake Ralph Hall presentation for the April 18 City Council Workshop. Should you have any questions or need further information, please do not hesitate to contact me at ellen.whatley_(c�,flower-mound.com or at 972-874-6080. Sincerely, Ellen Whatley Administrative Assistant Governmental Relations/Neighborhood Services