07/01/2002-CC-Minutes-RegularMINUTES:
City Council
July 1, 2002
PRESENT: Mayor Tommy Kincaid, Councilman Joe Higgs, Councilman Mike James,
Councilman Glenn Ervin, Councilman Jimmy Evans, Councilman Andy Garza
OTHERS
PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez,
Assistant City Secretary Samantha Renz, Code Enforcement Officer Ken
Wilson, Police Chief Curtis Amyx, Elizabeth Higgs, Helen Giese, Alice Madden,
Tod Tieszen, Jeremy Poet, Jeanice Newton, Kati Hladik, Rick Hall, Shelley
Ruland, Barbara Buchanan, Jack Richardson, Jane Richardson, Belle Lawson,
Tony Lucido
1. Mayor Called Meeting to Order, Councilman Higgs led the invocation, Councilman
James led the Pledge of Allegiance.
2. a) Approve Minutes: June 17, 2002
b) Disbursements
Councilman Garza moved to approve the Consent Agenda, Councilman Higgs
seconded. Motion Carried unanimously.
3. Citizen's Input,
None.
4. Conduct First Public Hearing on Proposed Annexation of the Front portion of Rising
Star Lane (Street), Being 0.646 acres situated in the Henry Tierwester Survey.
Public Hearing opened.
No Discussion.
Public Hearing closed.
5. Consider and Possible Action on Presentation from the Keep Sanger Beautiful Board
Regarding Recycling.
Helen Giese,1000 Cowling Rd., spoke on behalf of the Keep Sanger Beautiful Board
and presented a company called Avidity, anon -profit organization that will return any
funds they receive from the recycling back to the School District. This is only to recycle
paper. The service we would be using is out of Houston. She gave the Council a
brochure and indicated the sheet with the brochure shows how much they pick up from
Upper Trinity, The Denton schools participate in this also. Sanger is not in their
service area. They will come to Sanger if we can fill one truck. They want the City and
the School to participate and will allow businesses to participate if they give the money
to the School district. There will be two dumpsters at some of the schools. At this point
she has 14 to spots to place dumpsters, they need 15 to 18 to fill the truck.
Ms. Giese discussed the ways to make this successful. The dollars must all be spent
within the school district. This will help teach the kids to recycle and reuse. They now
have a department that keeps the bins maintained. They have superior customer
service. The sales representative will come two to three times a year to make sure the
City has no complaints. She expressed how important she felt it was for the citizens of
Sanger to begin recycling. She will begin to contact the banks and churches.
Mayor indicated the Council will think about the proposal and get back with her.
Councilman James asked if this would in any way conflict with I.E.S.I.
Mayor indicated he was not sure, but didn't feel it would.
Helen Giese indicated she spoke with I.E.S.I. regarding recycling and they did not
mention anything about possible conflict.
Discussion regarding the recycling program.
Mayor asked that they let them look at it, and get back with them.
6. Consider and Possible Action on Presentation from the Keep Sanger Beautiful Board
Regarding the TXDOT Grant.
Alice Madden,112 Kathryn, representing the Keep Sanger Beautiful Board, thanked
the Council for their support on all of their projects. She indicated that last June the
Keep Sanger Beautiful Board won a $70,000.00 award from TXDOT, they have worked
very hard this year on this project. Tony Lucido is the landscape architect for the
project and he has some plans to show them. They have planned two walls. One at the
Keaton Rd. exit and one at the Chisam Rd. exit coming from the North. They want to
put signs welcoming people to Sanger. The only requirement from TXDOT will be that
they have watering facilities at these locations, they would also like to have flood lights
that shine on the walls to illuminate the signs.
Tony Lucido indicated the plans include all of the landscape planting, the walls, and the
irrigation. The City will incur the cost for the irrigation. They will provide the bores
for the electricity, but they cannot provide the electricity. They are putting in the
irrigation system at the Chisam Road area to where a water truck can be brought in
to do the irrigation. He indicated it was a very exciting project, that would be a nice
entrance off of the Interstate.
Alice Madden indicated Acme brick will supply the rock, and they have a choice of two.
She showed the two choices. They are also looking at a heavy material for the lettering.
The letters will be 15 to 18 inches high.
Councilman Higgs moved to let the Board present this to TXDOT, Councilman Evans
seconded. Motion carried unanimously.
Alice Madden also indicated they are going to have the Neighborhood Night out. They
will ask a Councilman to come to one of these meetings and discuss what is happening
in the City.
7. Consider and Possible Action on the Preliminary Plat for Quail Run, Being 380
Residential Lots and 2 Open Spaces out of 82.43 Acres Located off of Cowling Road.
Todd Tieszen, the developer for this project, indicated this was denied by Planning and
Zoning, he and his engineer had come to two meetings and there was not a quorum, the
last meeting was scheduled and held and they were not aware of it. The Planning and
Zoning denied it because of the density. He felt that the ordinance was contradictory,
with the density requirement and the square footage requirement of the lots. He
indicated this was a good project for Sanger. The lots are on average 7,000 square foot.
They have over 9 acres of open space/park area. He gave a handout of the financial
impact this may have on to City. The total fees paid to Sanger will be $1,730,900.00.
The tax base will be approximately $41,000,000.00 with an annual revenue of
$212,553.00 in tax revenues.
Councilman Evans asked if they had any studies on the impact on the sewer.
Mr. Tieszen's Engineer indicated they did not have a study. It would have a large
impact; however, they are considering putting in a new lift station. They have some
different ideas on how to put in the sewer.
Councilman James asked how long they anticipated this project would take to complete.
Todd Tieszen indicated it would depend on the market.
His engineer indicated he felt realistically it would probably be 3 to 5 years.
Councilman Evans indicated there was a question about the rear setback.
Mr. Tieszen indicated it was a typo, it should have been a 25 foot setback.
Shelley Ruland, Planning and Zoning, indicated they were concerned about the density.
Discussion regarding the plat and the sewer.
Councilman James indicated he was in favor of the plat, and thought it was a good
development for the City.
Councilman Higgs indicated he did not want to go completely against Planning and
Zoning's recommendation.
Shelley Ruland indicated they were not against the growth, they were opposed to the
density.
Mayor indicated they have been trying to get affordable housing n Sanger, if they have
to increase the lots they will be out of that category.
Discussion regarding the setbacks.
Councilman James moved to accept the Preliminary Plat for Quail Run, with the
change to the rear setback to 25 feet. Councilman Garza seconded, Motion carried
unanimously.
8. Consider and Possible Action on Ordinance #07-19-�2 -Regarding the TXU Gas
Distribution Rates.
Rick Hall, TXU Gas, indicated he was here several months ago for a rate change. He
asked that they suspend the rate change, because of a coalition that had formed to go
against the rates. They wanted to give both sides time to haggle it out, and decide what
to do. The gas company has backed up a little bit, they have two options now. They
have cut the original offer in half. They hope they can get the City to approve. The
increase will affect the average typical residential gas bill which will be an increase of
$2.21 per bill. The other option would be to take the increase to court. If they have to
go to court they will scrap this offer and file for their original rate increase, this offer
is in lieu of a court case.
Mayor asked if they go for the increase and TXU has to go to court with the rest of the
cities, and they win will they go up on Sanger's as well.
Rick indicated they would not. If this is accepted the court case will not affect Sanger.
TXU feels that the increase is needed for their company, and they will go to court to try
to get the larger increase if the cities do not accept it.
Discussion regarding the gas rates.
Rick Hall indicated they scrapped the original offer, they are proposing this increase
that will affect the average gas bill by $2.21 per month, and asked the Council to agree
to this so they do not have to go to court.
Councilman Garza asked what will happen if we sign this and they go to court and lose.
Mr. Hall indicated the rates will be in place.
Councilman James asked if the rates were set by TXU.
Mr. Hall indicated they were.
Councilman James indicated it did not seem right to decrease the Commercial rates and
increase the residential rates. Who determines the rates.
Rick indicated they have people who figure it and come up with the rates.
Discussion continued regarding the rates.
Mr. Hall requested the Council adopt these rates and pass the ordinance to implement
these rates.
Councilman Garza asked if the rate increase was 3.92% or 5.26%.
Mr. Hall indicated he had erred and that it was 5.26%; however it did not change the
increase amount of $2.21.
Discussion regarding the percentage increase.
Councilman Evans moved to adopt Ordinance #0749-02.
Councilman Garza asked if this had been before the attorney.
City Secretary indicated this was a typical ordinance, there is not anything hidden.
Normally when an ordinance is drafted like this it doesn't go to the attorney.
Discussion continued.
Councilman Evans asked if this does pass, will he send something telling us how it
comes out in the end.
Mr. Hall indicated he would come back before the Council and let them know.
Councilman Higgs seconded the motion.
Councilman Higgs asked how much would this raise the gas bill during the winter
months.
Councilman James indicated it shouldn't be more than $24.00 per year.
Discussion.
Motion Carried 4 to 1, Councilman Ervin voted no.
Caption as follows:
AN ORDINANCE OF THE CITY OF SANGER, TEXAS FINDING, AFTER
REASONABLE NOTICE AND HEARING, THAT TXU GAS DISTRIBUTION'S
RATES AND CHARGES WITHIN THE CITY SHOULD BE CHANGED;
DETERMIl�TING JUST AND REASONABLE RATES; ADOPTING GENERAL
SERVICE RATES INCLUDING RATE ADJUSTMENT PROVISIONS AND
MISCELLANEOUS SERVICE CHARGES TO BE CHARGED FOR SALES AND
TRANSPORTATION OF NATURAL GAS TO RESIDENTIAL, COMMERCIAL
AND INDUSTRIAL CUSTOMERS; PROVIDING FOR RECOVERY OF RATE
CASE EXPENSES; PRESERVING REGULATORY RIGHTS OF THE CITY;
PROVIDING REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR AN
EFFECTIVE DATE
9. Consider and Possible Action on Ordinance #07-18-02 -Amending Building Permit
Fees.
Councilman Higgs asked Ken Wilson which of the two proposals he liked best.
Ken Wilson indicated our current fees were a lot higher than surrounding cities.
Currently, there are a couple of proposed buildings over 30,000 square foot.
Discussion regarding the two proposals.
Ken Wilson indicated he preferred proposal 2, which had a plan review fee, which
would help cover the cost of any engineer review that may be needed.
Discussion regarding the ordinance.
Councilman James moved to accept proposal 2 of Ordinance #07-18-02. Councilman
Evans seconded.
Councilman Evans asked Mr. Wilson if he was hoping this would bring more
businesses.
Mr. Wilson indicated he felt it would bring more jobs which would If more Business.
Motion carried 3 to 2, Councilman Garza and Councilman Ervin voted no.
Caption as follows:
AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS,
AMENDING CHAPTER 3, ARTICLE 3.200, AND APPENDIX ARTICLE 2.000(a),
OF THE CITY OF SANGER CODE OF ORDINANCES; AND PROVIDING FOR
THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; AND, PROVIDING FOR AN EFFECTIVE DATE.
10. Consider and Possible Action on Ordinance #06-15-02 - De -Annexing Property Legally
Described as A1024 R. Prather, Tract 2, Being 12.25 Acres. Property is Located on
F.M. 455.
11.
12.
Councilman Evans moved to adopt Ordinance #06-15-02.
City Manager indicated he has not been able to contact Shari Trusty, but has been
trying for over a week.
Councilman Higgs felt we should hold off and continue to try to contact them.
Councilman Garza seconded. Motion carried 3 to 2, Councilman Ervin and
Councilman Higgs voted no.
Caption as follows:
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Consider and Possible Action on Board Appointments.
Councilman Evans moved to appoint Shelley Ruland and Jack Richardson to the
Planning and Zoning Commission. Motion carried 4 to 1, Councilman James voted no.
EXECUTIVE SESSION: In Accordance with Texas Government Code, Subchapter D,
Section 551.074 to Discuss Personnel.
a) City Manager Evaluation.
Mayor convened into Executive Session.
RECONVENE into Regular Session and Consider Action, if Any, on Items Discussed
in Executive Session.
Reconvened and no action was taken.
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14. Meeting
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