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07/15/2002-CC-Minutes-RegularMINUTES: CITY COUNCIL JULY 159 2002 i 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, Code Enforcement Officer Ken Wilson, Police Chief Curtis Amyx, Sable Development Corp. Representative, Jeff Styles, Mike Lawler, Belle Lawson, Laverne Schertz, Jeanice Newton, Bob Lawson, Elizabeth Higgs, John Hogue, JoAnne Bell, Gary Lynch 1. Mayor Called Meeting to Order, Councilman Garza led the invocation, followed by the Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes: June 24, 2002 - Special Called July 1, 2002 July 8, 2002 - Special Called b) Disbursements Councilman Garza moved to approve the Consent Agenda, Councilman Evans seconded, Motion carried unanimously. 3. Citizen's Input. 4. Consider and Possible Action on Proposal from DTN Speednet to Place Antennas on one %Y the City Towers in Exchange for Internet Service. Jeff Styles, with DTN Speednet, addressed the City Council and indicated they provide a wireless Internet service. This is a high speed Internet access. He has approached Mr. Smith about the possibility of leasing a little bit of space on top of one of the city's towers. In return for the lease of space they will offer free Internet to the city. The city has no expenses or liability in it. Mayor asked what range this would involve. Jeff indicated about 15 miles out, it is line of sight technology. Discussion regarding the service. Councilman James asked technical questions regarding the service. Council indicated they would like to see references, and the lease proposal. Discussion continued. Item tabled. 5. Consider and Possible Action on Presentation by the Keep Sanger Beautiful board Regarding Recycling. Elizabeth Higgs, Keep Sanger Beautiful Board, indicated they have been real active and just returned form San Antonio with some awards. They received the retained Excellence Award. They will apply for the Governor's grant again in two more years. This year they worked up an application for the Historical Board and were awawrded third place in the state. They received the Civic Club Award. They also came home with a Keep Texas Beautiful Affiliate Plaque to put on the City Limits signs. She thanked the Electric Department for putting up the banners. Ms. Higgs addressed the Council regarding the Recycling Project that Helen Giese presented a the last meeting. John Hogue was present to answer any questions the Council may have. John Hogue indicated recycling is a great program, and the services are at no charge. The non-profit organizations receive a rebate back. Once the paper is recycled it goes to Houston and they make the newsprint paper for the newspaper companies in the area. Mayor asked if this recycling is just paper. Mr. Hogue indicated it was. Mayor asked how many bins there would be. Mr. Hogue indicated 1'7 bins. Discussion continued regarding the process. Mr. Hogue indicated there was no contract, and if it became a problem they could get out of it with a thirty day notice. Councilman James moved that the City of Sanger get into the Recycling Business and authorize the Beautification Board to proceed with this. Councilman Garza seconded. Motion carried unanimously. 6. Consider and Possible Action on Preliminary Plat for Sable Business Park. Property is located on the North Bound side of Stemmons Rd. City Manager addressed this item and indicated this is where Kelly would be building. He will build a brand new building and move his Denton. Discussion regarding the location. The Planning and Zoning reviewed it and approved it unanimously. Saw and Tool business from Councilman Evans moved to approve Item #6 and Item #7. Councilman Higgs seconded. Motion carried unanimously. 7. Consider and possible Action on the Final Plat for Sable Business Park, Lot 1, Block 2. Property is Located on the North Bound side of Stemmons Rd. 8. Consider and Possible Action on a Concept Plan for Steve Koch on Property located at 600 Denton St., and a Waiver on the Concrete Street Requirement. City Manager indicated before a variance can be granted, the City Council has to approve a Plat or Concept Plan. If this concept is approved, he will still have to come back before them with a preliminary and final plat. Discussion regarding the concept plan. Mayor indicated the lots off of Oak St. were too narrow at the front and he did not think this would work. C.G. McNeill, 701 Denton, indicated he was concerned about he drainage ditch and the flow of the water. Discussion regarding the road and the drainage. Steve Koch asked how many houses per acre do they allow in this zoning. City Manager indicated 3 to 3,5. Steve Koch asked if it would be okay to take the road out and split the lots differently to have access off of Oak St. Discussion regarding access. Discussion regarding easements and drainage. Councilman James indicated he did not have a problem with the development as long as it met the City ordinances; however, this does not. Discussion regarding the number of lots in the plan. Councilman Evans indicated he would vote for four lots total. Mayor indicated he should come up with another concept with no more than six lots, but only five lots preferably. Mayor asked what the Planning and Zoning had said about the plan. Shelley Ruland, Planning and Zoning member, indicated they recommended denial based on the density and drainage issues. Carroll McNeill expressed concerns regarding the drainage ditch. Discussion continued. Councilman James moved to allow him to have six lots total. Motion died for lack of second. Councilman Garza moved to allow him to put in four new lots in addition to the existing house. Councilman Evans seconded. Motion carried unanimously. 9. Conduct Second 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. 10. Consider and Possible Action on the Agreement Between the City of Sanger and the American Red Cross. City Manager explained this does not commit the City to anything other than providing a building and our service in the event of a disaster. Councilman Ervin moved to approve the agreement. Councilman Evans seconded. Motion carried unanimously. 11. Consider and Possible Action on Pro-Rata Agreement on Clear Creek Commercial Park. City Manager indicated this is Mr. Lawson on the lots between Church and Austin Streets on the service road. They are extending about $20,000 worth of sewer and water lines across the property, and have requested this agreement. Councilman Ervin asked what this agreement does for the city. Staff indicated it did not benefit the city, it was for the developer. The city will collect for the developer. I Councilman Evans moved to approve the agreement. Councilman Higgs seconded. Motion carried 4 to 1. Councilman Ervin voted no. Councilman Ervin indicated the attorneys signature needs to be on the agreement. 12. Consider and Possible Action on Fund Raising at Intersections. Councilman Evans indited he felt that something should be done to help regulate Fund - Raising at Intersections. The City of Lewisville allows fund-raising five months out of the year and they charge for a permit. Councilman Garza indicated he did not think it was a problem to collect at intersections; however, it was dangerous for the kids to be in the street. Discussion regarding the Fund -Raising at the Intersection of F.M. 455 and I-35. Councilman Evans indicated he felt they should require a permit, and have some rules that they can pick up when they fill out the application for the permit. City Manager indicated he felt there should be an age limit. Discussion regarding regulations. Councilman James asked if this could be addressed by asking the people not to do this anymore. Discussion. Chief Amyx explained that the state allowed solicitation in the roadway if it is for a charitable organization. He indicated the local authority can regulate it. Councilman Evans indicated we could come up with an ordinance regulating it. Discussion. Discussed to come up with a plan and bring it back in two weeks. 13. Consider and Possible Action on Extending 8" Water Line to Treys Court. City Manager indicated there were complaints regarding the water pressure in the subdivisions off of Freese Drive. Eddie Branham indicated he was requesting funds from the tap fees to put in an 8" line to fix the problem. Discussion regarding the line and the water pressure. Discussion regarding the cost. Eddie Branham indicated it was about 1300 feet at $20.00 per foot. Councilman Evans moved to extend the 8" line. Councilman Higgs seconded. Motion carried unanimously. 14. Meeting Adjourned. Lz Mayor To my Kincaid Rosalie Chavez, City