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05/20/2002-CC-Minutes-RegularMINUTES: CITY COUNCIL MAY 209 2002 I i PRESENT: Mayor Tommy Kincaid, Councilman Jimmy Evans, Councilman Joe Higgs, Councilman Andy Garza, Councilman Glenn Ervin, Councilman Mike James OTHERS PRESENT: City Manger Jack Smith, City Secretary/Assistant City Manger Rose Chavez, Assistant 1. Mayor Called Meeting to Order, Councilman Higgs led the Invocation, Councilman Ervin led the Pledge of Allegiance. 2. a) Approve Minutes: b) Disbursements CONSENT AGENDA May 7, 2002 -Special Called May 6, 2002 Councilman Higgs indicated he was not present at the May 1, 2002 meeting. Councilman Evans moved to approve the Consent Agenda as corrected. Councilman James seconded. Motion carried unanimously. 3. Citizen's Input. A) John Looper, 663 Rising Star Lane, indicated they had put up a fence between his property and the addition behind him. He indicated Mr. Wilson had been told he could not have access through his property. Mr. Wilson removed the fence and put in a gate to pull his R.V. in. Mayor indicated the City would look into it. B) Bobby Swan, 111 Colonial Heights, indicated he had come before the Council with a concern about some streets. He felt there should be a positive with every negative, he indicated his streets were repaired. He felt that in the future he should not have to come to Council to get this done, and would like to be able to fill out a work order and submit it to the City Manager's office and have it completed. If it is not completed he will come back to the Council. C) Joey Copeland, 3892 Grimley Ln., addressed Council regarding property that was formerly Kirby's. The business that is there is in opposition of the zoning ordinance. Heavy Equipment is supposed to be in Industrial Zoning. He indicated they were also in violation of the sign ordinance, and the side setbacks. He felt that something should be done, Sanger has spent a lot of money trying to improve the appearance and this is very unsightly at a main entrance into town. Mayor indicated they would look into it. 4. Consider and Possible Action on Tax Exemption for the Bolivar Masonic Lodge #418. Allen Sweeney addressed this item and indicated he had the letter form the state and would answer any questions that the Council had. Councilman Evans moved to approve the tax exemption for Bolivar Masonic Lodge #418. Councilman James seconded. Motion carried unanimously. 5. Consider and Possible Action on Ordinance #OS-13-02 -Authorizing the Issuance and Sale of City of Sanger, Texas Combination Tax and Revenue Certificates of Obligation, Series 2002, in the Principal Amount of $2,360,000, Approving an Official Statement, Making Provisions for the Payment and Security Thereof and Ordaining Matters Related Thereto, 6. Consider and Possible Action on Ordinance #OS-14-02 -Authorizing the Issuance and Sale of Utility System Revenue Bonds, Series 2002, in the Principal Amount of $2,540,000, Approving an Official Statement, Making Provisions for the Payment and Security Thereof and Ordaining Matters Related Thereto. Items #5 & #6 were addressed together. Dan Almon passed out information to the Council. He explained that the bid packets for purchasing bonds were sent out electronically, and that after the bonds are sold they would do a final statement and the City would get a copy. Mr. Almon went through pertinent data. He indicated the Bond Buyer Index was at 5.24% as of 5/16/02, and the bond rating from Moody was a Baal. He explained bond insurance rates, proposals, and discussed comparable bond sales data. Discussion continued regarding the bond issues. Mr. Almon indicated on the Utility System Reserve Bonds that we did not qualify for bond insurance. The bond rating from Moody's was Baal. He felt the reason for not being able to obtain the insurance was due to a shortage in manpower, they did not have time to consider it. He indicated it was insurable, because it has been insured before; however, more time would be needed to get the insurance. He indicated it would save them 20 to 25 basis points if they were sold with insurance. He indicated they could go to the insurance company tomorrow and give them a few days to get the insurance and do the sale next week. If they do this there will be a risk of the market deteriorating. Brief discussion regarding the bond market changes. Mr. Almon indicated he felt confident they could get insurance and possibly get it next week. There is some risk to waiting, normally a developer would proceed without it, but a political body would be more reluctant. Discussion regarding the issue. City Secretary explained that they could wait and get insurance, but the rate may go up more than what they plan to save with the insurance. Mr. Almon explained that not having insurance will not effect the City in any way. Councilman Ervin moved to adopt Ordinance #OS-14-02 and Ordinance #OS-13-02. Councilman Evans seconded. Motion carried unanimously. 7. Consider and Possible Action on Ordinance #OS-08-02 -Amending the Zoning Map of the City of Sanger. (Abstract 29, Tr. 113) ORDINANCE 05-08-02 AN ORDINANCE PROVIDING FOR THE AMENDMENT TO THE CENTRAL ZONING MAP OF THE CITY OF SANGER, TEXAS, AND PROVIDING FOR A ZONING CHANGE AND A ZONING CLASSIFICATION FROM AGRICULTURE TO I-1 SPECIFICALLY DESCRIBED HEREIN; AND PROVIDING FOR IMMEDIATE EFFECT, 8. Consider and Possible Action on Ordinance #OS-09-02 -Amending the Zoning Map of the City of Sanger. (Abstract 29, Tr. 120) ORDINANCE 05-09-02 i'11 "1 111 1' 1 1 '• 1 1 1ud 1 i 1 1 1 ' 1rakes WN v 1 1.2 SPECIFICALLY DESCRI11ED HEREIN, 1 PROVIDING 1' MMEDIATE Items 447 & 448 were considered together. City Secretary explained these two items were previously approved by the City Council; however, they need to be done in ordinance form to have the map updated. Councilman Garza moved to approve Ordinance #05-08-02 and Ordinance #05-09-02. Councilman Evans seconded. Motion carried unanimously. 9. Consider and Possible Action on Ordinance #0541-02 - Amending the Sanitation Ordinance and Increasing the Rate by $1.00. ORDINANCE NO. U3-11-02 AN ORDINANCE AMENDING CHAPTER 69 AND APPENDIX ARTICLE 4.02, SOLID WASTE COLLECTION FEES, IN THE CODE OF ORDINANCES OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, TO PROVIDE FOR A SCHEDULE OF SOLID WASTE COLLECTION RATES; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE, City Manger explained that currently we pick up tree limbs when we are called; however, many times the citizens do not call them in and we cannot pick them up without a work order. If this is passed we will pick them up when we see them and do not have to wait until the citizen calls them in. Councilman James asked how many bills are sent out. City Secretary indicated approximately 1800 per month. Councilman James indicated this was approximately a 10% increase in the garbage rate, and expressed that maybe that was too high. Discussion. City Secretary explained that we have always had problems with the customers calling in and the Code Enforcement Officer has to tag the doors, and letters are sent if the property owners do not call in to have them picked up. Code Enforcement Officer indicated the last time this was done he tagged 327 doors and only received 6 phone calls for work orders. Discussion. Councilman Evans moved to adopt Ordinance #OS-11-02. Councilman Higgs seconded. Motion carried unanimously. 10. Consider and Possible Action on Appointing Members to the Downtown Area Committee. City Manger indicated his suggestions for this committee were Mike James, Jack Smith, Polly Dwyer, John Springer, Jarrod Link, Mike Dobrovolsky, Lanny Grissom, and Elizabeth Higgs. Councilman Ervin recommended to appoint the Code Enforcement Officer, Ken Wilson. Discussion. City Secretary indicated she felt it may be a conflict for the Code Enforcement Officer to serve because he is the building inspector. Council agreed Ken Wilson should not be considered due to possible conflict of interest. Councilman James moved to accept the nominations for the Historical District Committee, Councilman Evans seconded. Motion carried unanimously. 11. Discussion on Building Permit Fees. Ken Wilson, Code Enforcement Officer, indicated the way things are currently setup, storage warehouses and apartment complexes are still the same rate per square foot. He would like to bring to Council some information and perhaps an ordinance to look at the rates for warehouses. Open warehouse space would take about fifteen minutes to inspect, and some houses may take three hours. He also would like guidance on Non- profit organizations, and asked if Council would consider waiving fees for them. He indicated he would bring more information to them at the next meeting. 12. Consider and Possible Action on City Council Members) Attending the 2002 AMCC Conference in El Paso From July 25=27, 2002. Councilman Higgs indicated he did not feel the City should spend the money since they are strapped with financial difficulties. Councilman James indicated he would like to attend the conference, and would be willing to pay some of the expense himself if the City could not afford the whole thing. Discussion. Councilman James asked if there was money budgeted for training. Staff indicated there was. Councilman James indicated he felt it should not be an issue if the funds are budgeted. Councilman Ervin moved to approve the expense for this conference. Councilman James seconded. Motion carried 3 to 2. Councilman Higgs and Councilman Garza voted no. 13. Meeting L'LiZL�4: LL Rosalie irned ,�4itiii�uttpllri�irr,. City Secre�y� � 1 Mayor T mmy Kincaid