08/19/2002-CC-Minutes-RegularMEN U I NO City Council
August 19, 2002
PRESENT: Mayor Tommy Kincaid, Councilman Jimmy Evans, Councilman Joe Higgs,
Councilman Garza, Councilman Mike James
ABSENT: Councilman Glenn Ervin
OTHERS
PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez,
Administrative Assistant/Assistant City Secretary Samantha Renz,
Water/Wastewater Superintendent Eddie Branham, City Engineer Mark
Owens, Police Chief Curtis Amyx, Streets/Parks Superintendent John
Henderson, Electric Superintendent Mike Prater, Chad Pendley, Bell
Thompson, Shelley Ruland, Trisa Koch, Stephen Koch, Rick Ezzell, Jason
Driskill
1. Mayor called, Councilman James led the Invocation, Councilman Evans led the Pledge
of Allegiance.
CONSENT AGENDA
Z. a) Approve Minutes: July 29, 2002 - Special Called, July 10, 2002 - Workshop,
August 2, 2002 - Workshop, August 5, 2002, August 12, 2002 - Workshop
b) Disbursements
Councilman Evans moved to approve the Consent Agenda, Councilman Higgs seconded.
Motion carried unanimously.
3. Citizen's Input.
Jason Driskill, 902 Church St., indicated that on August 1, 2002, he had submitted a
variance request to the Board of Adjustments to enclose his garage. He was unable to
attend the meeting and was told the next day that the City Attorney had indicated the
Board of Adjustments could not issue the variance. He is expecting a new family
member and at this time a new home does not fit their budget.
Discussion.
Mr. Driskill indicated there is a concrete drive in front of the house. They also have a
place on the side where he intends to put a driveway.
Mayor indicated they cannot do anything tonight except give their opinion.
Councilman Evans indicated he felt it should be put on the next agenda.
Discussion. Rose indicated it was on the last agenda and the Council denied it.
Discussion continued.
Mr. Driskill indicated as a tax payer he would like them to consider that something be
done to where he can enclose his garage.
Council agreed to put it back on the agenda for the next meeting.
4. Consider and Possible Action on Resolution #08-11-02 -Authorizing the Submission of
a 2003-2004 Texas Community Development Program Application to the Office of
Rural Community Affairs for the Community Development Fund.
Considered with Item #5.
5. Consider and Possible Action on Resolution #08-12-02 -Authorizing the Award of
Service Provider Contracts for the Texas Community Development Program (TCDP)
Contingent upon the Receipt of a TCDP Grant Award.
City Secretary explained this is the Capital Improvement Grant that the City has
applied for the past three years.
Brief Discussion.
Councilman Evans moved to adopt Resolution 8-11-02, and 8-12-02, Councilman James
seconded. Motion carried unanimously.
6. Consider and Possible Action on Closing Streets for the Sanger Sellabration.
City Manager indicated the Chamber wanted to close the same streets as before.
Councilman James moved to honor the Chamber's request to close the streets.
Councilman Higgs seconded. Motion carried unanimously.
7. Consider and Possible Action on a Preliminary Plat for Tiffany's Addition. Property
is Located at 600 Denton.
City Manager indicated the City Engineer's letter is in the packet. The Engineer
recommended scull -de -sac for emergency vehicles. He is abutting a City Street and
does not need the cull -de sac. Mr. Koch will dedicate the land, but he does not want to
bear the expense of the extension. He indicated that Oak Street is on the capital
improvement plan.
Councilman Evans indicated he did not feel the City should bear the cost.
Mayor asked now much land would he dedicate.
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Mr. Koch indicated it would be 80 feet in diameter.
Discussion regarding lot width.
Steve Koch., 6415 Stags Leap Rd, indicated there are plenty of house plans that will fit
on these lots with these setbacks. The lots do have more square footage than the
required lot size, and he will not ask for a variance on the setbacks.
Discussion.
Mayor indicated he would not want this to get passed and then come back with a
variance request.
Discussed where the water will tie in.
Steve indicated lot S will tie in off of Oak street, and lot 1 thru 4 will tie in off of Denton
Street. He has also given electrical easements to the city for the current electric line.
Councilman Evans asked about the drainage situation.
Mr. Koch indicated he is taking the water down South and will bring it over to Denton
Street,
City Engineer indicated if this happens he will have to give a drainage easement for the
area.
Discussion regarding drainage.
Steve Koch indicated he was willing to give whatever was needed to put in the
cull -de -sac.
Councilman James asked if they would be rear or front entry garages.
Steve Koch indicated they would be front entry garages.
Councilman Evans asked if the City had the money to build the cull -de -sac.
City Manager indicated they could put it in the first phase of the street improvements.
Discussed if Mr. Koch furnished the water line would the City install the line.
Mayor indicated he did not want to do that, because if the City installed the line they
would have to do it for all developers.
Steve Koch indicated he would have it installed.
Shelley Ruland indicated the Planning and Zoning did approve the plat, and they would
like it stipulated in the motion that he dedicate the land for the cull -de -sac.
Steve indicated he would donate more land if they could save the large tree currently
in that area..
Discussion.
Councilman Higgs moved to accept the plat with the stipulation that Mr. Koch deed
the land for the cull -de -sac and extend the sewer and water to the end of the cull -de -sac,
Councilman James seconded. Motion carried unanimously.
8. Consider and Possible Action on a Preliminary Plat for Chisam Road Estates. Property
is Generally Located North of Sanger along I-35 in the Northern Portion of the City's
E.T.J.
Considered with Item #9.
9. Consider and Possible Action on a Final Plat for Chisam Road Estates. Property is
Generally Located North of Sanger along I-35 in the Northern Portion of the City's
E.T.J.
Rick Ezzel, Developer of the property, indicated this was a plat request that had been
submitted to the County and they had it for quite some time. He has withdrawn it from
the County and is submitting it to the City for approval.
Discussion regarding the roads.
Councilman Higgs moved to accept the Preliminary and Final Plat for Chisam Road
Estates. Councilman Evans seconded.
Councilman James asked if the road would have acull-de-sac.
Mr. Ezzel indicated they are going to re -craft the intersections where the old road will
flow into the new road.
Councilman Garza asked if the county had a problem with the plat.
Mr. Ezzel indicated he was not aware of any problem.
Motion carried unanimously.
10. Consider and Possible Action on Awarding Fuel Bid.
Councilman Evans indicated the four bay requirement was discriminating against the
small guys.
Discussion.
City Secretary indicated the advertisement for the bid did not include this requirement.
Discussion.
Mayor indicated staff should remove that requirement in the future.
Councilman Evans moved to award the bid to Lynch Food Mart. He has been doing it
for ten years and is doing a good job.
Discussion.
Councilman Garza indicated he did not see why they should award the bid to the higher
priced company.
Councilman Evans indicated last year Lynch Food Mart was higher and they still got
the bid.
Councilman Garza indicated there was an issue with access.
Motion died for a lack of a second.
Councilman James moved to award the bid to The Sportsman.
Discussion.
Councilman Garza asked if neither one of the companies got the bid tonight what would
happen.
City Secretary indicated it would be re -bid.
Discussion.
Councilman James indicated he felt the City should have a right to dictate the
requirement on their bids.
Councilman Garza seconded. Motion carried 3 to 1, Councilman Evans voted no.
110 Consider and Possible Action on Using Tap Fees to Pay for Infrastructure/Water
Improvements to the Wal-mart Distribution Center and to Oversize Sewer Line From
Bridle Path Estates,
City Manager indicated on the Wal-Mart project, the City had received the Texas
Capital Fund Grant and the 4B Board helped fund the infrastructure. After all of the
improvements there was still $60,000 in improvements that were not covered. Part of
the expense was the elevated storage to get pressure back into the system
City Manager indicated the over sizing on Bridle Path is the money that the City owes
the School for over sizing the line. This was oversized at the City's request. It is about
$39,000.
Councilman Garza indicated he had a problem with using the money out of those funds,
he felt it was set aside for a new sewer plant.
Discussion.
Mayor indicated what he was hearing was that it was okay to use the water fund but
not the sewer fund.
Councilman Garza indicated he would be willing to allow the City to borrow from the
account.
City Secretary indicated she would go ahead an pay it and then monitor the revenues
since it was not a budgeted expense.
Eddie Branham indicated he has not approved the sewer line, it has not been inspected,
and the tests have not been done.
Councilman Garza moved to use the Water Tap Capital Improvement Fund to pay for
the Water improvements indicated. Councilman Higgs seconded. Motion carried
unanimously.
12. Conduct First Public Hearing on Proposed Annexation of Abstract 1241, Tract 58,
Being 4.99 Acres.
Public Hearing opened.
No Discussion,
Public Hearing closed.
13. Consider and Possible Action on Ordinance #08-20-02 -Amending the Building
Regulations in All Residentially Zoned Districts.
Councilman James asked what brought this on.
City Secretary indicated a requirement in the commercial area was passed previously,
but nothing was ever done in the residential area. Developers have been inquiring as
to what the City's requirement is.
Councilman Evans indicated if he bought 20 acres and he wants to build wood houses
it wouldn't get past planning and zoning.
Shelley Ruland indicated they would have no control over it. There are a lot of times
that new subdivisions come in putting 75% siding, and within 4 years the houses look
terrible if they are not painted regularly.
Discussion.
Councilman Evans felt the builder should be able to build what he wants.
City Secretary indicated the more wood on the home, the sooner it will begin to
deteriorate and eventually become a rent home. The subdivisions will eventually
deteriorate.
Shelley Ruland indicated she felt 75% was a little to much.
Councilman Higgs indicated they could put it in their deed restrictions.
Steve Koch indicated deed restrictions are not really enforceable.
Discussion.
Councilman Higgs moved to accept ordinance 08-20-02. Councilman Garza seconded.
Motion carried 3 to 1. Councilman Evans voted no.
14. Meeting Adjourned.
Chavez, _
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