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09/23/2002-CC-Minutes-RegularMINUTES: CITY COUNCIL r September 23, 2002 f i PRESENT: Mayor Tommy Kincaid, Councilman Jimmy Evans, Councilman Joe Higgs, Councilman Andy Garza, Councilman Mike James ABSENT: Councilman Glenn Ervin OTHERS PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez, Assistant City Secretary/Administrative Assistant Samantha Renz, Police Chief Curtis Amyx, Water/Wastewater Superintendent Eddie Branham, Streets/Parks Superintendent John Henderson, Mark Owens City Engineer, Allen Bussell, Crystal Brown 1. Mayor called meeting to order, led the invocation and the Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes: September 3, 2002 b) Disbursements Councilman Evans moved to approve the Consent Agenda. Councilman Higgs seconded. Motion carried unaimously. 3. Citizen's Input. None. 4. Presentation Regarding Commercial Property Along Stemmons Freeway. Alan Bussell, with Surveyors and Engineers of North Texas in Ponder, gave the Council a handout on Brooke Hill Village. He indicated he just wanted to let the Council know what they are thinking. The location is South of Holt Road and North of Duck Creek Road between Keaton and I-35. There is existing houses on both the North and South sides. The South East side is light industrial. The concept plan shows it is currently zoned for the restaurant and hotel, surgical center and professional offices. The West side is currently zoned residential. They would like to put in some assisted living units. Normally they would look at a five story building as inappropriate in this area, but assisted living wouldn't be a problem in the area. The parking would be minimal and so would the noise. He indicated one of the main reasons he was here before the Council was the size of the buildings. They could spread them out but it would reduce the green space. Mayor indicated when the street is opened up to the Service road it will pull a large amount of traffic through the area. Councilman Garza asked now much land it involved. Mr. Bussell indicated about 20 acres. Discussion. Councilman James asked if it was state mandated that assisted living be steel framed structures. Mr. Bussell indicated he was not sure of the details. Discussion regarding the zoning of the property. Discussion continued. 5. Consider and Possible Action on Proposal from DTN Speednet to Place Antennas on one of the City Towers in Exchange for Internet Service. City Manager indicated the new contract addresses that if the City wants out of the service, they will pay the City $240.00 per month for as long as the city has the equipment. Councilman Evans moved to take the service and not the money. Councilman Garza seconded. Motion carried unanimously. 6. Consider and Possible Action on Ordinance #09-25-02 -Amending the Solicitation Ordinance. Councilman James moved to adopt OrdinanceCouncilman Evans seconded. Motion carried unanimously. Caption as follows: AN ORDINANCE OF THE CITY OF SANGER, TEXAS AMENDING CHAPTER 4, BY ADDING A SECTION TO BE NUMBERED 4.2198 AND CHANGING SECTION 4.219 TO SECTION 4.220 OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 7. Consider and Possible Action on Ordinance #09-26-02 -Amending the City of Sanger Zoning Map. (Chicken Express) Councilman Evans moved to approve Ordinance #09-26-02, Councilman James seconded, Motion Carried unanimously. Caption as follows: 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 I4 TO 11-2 SPECIFICALLY DESCRIBED HEREIN; AND PROVIDING FOR IMMEDIATE EFFECT. 8. Consider and Possible Action on the Proposed Compromise Settlement Agreement with TXU Gas Company. City Manager indicated this was the settlement that the group put together. We will get a check and the attorney's will get a check. Councilman Higgs moved to adopt the settlement agreement, Councilman James seconded, Motion carried unanimously. 9. Consider and Possible Action Regarding Ordinance #09-27-02 -Adopting the Budget for FY 2002/20030 Councilman Higgs asked if the salaries were divided out equally. City Manager indicated it was per employee. Councilman Evans asked what they would do with the $39,000.00 over. City Secretary indicated they approved an expenditure that wasn't budgeted this year. We will start the year with a deficit. When Council decides to overspend on a non -budgeted item that money will have to come from somewhere. This excess may help balance out that expenditure. Discussion. Councilman Garza indicated he would be receptive to the City borrowing from the sewer taps to use as operating funds and replacing it with future revenues. Discussion continued. Councilman Evans moved to approve Ordinance #09-27-02, Councilman Garza seconded, Motion carried 3 to 1, Councilman James voted no. Caption as follows: AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, ADOPTING THE BUDGET FOR THE CITY OF SANGER, TEXAS FOR THE FISCAL YEAR BEGINNING OCTOBER 19 2002 AND ENDING SEPTEMBER 309 2003 PROVIDING FOR THE INTEA AND INTER DEPARTMENT AND FUND TRANSFERS; AND DECLARING AN EFFECTIVE DATE, 10. Consider and Possible Regarding Ordinance #09-28-02 - Adopting it Rate. Proposed tax rate is .56547. Councilman Evans felt it could have been lowered a little more. Councilman Evans moved to accept the tax rate, Councilman James seconded, Motion Carried unanimously. Caption as follows: AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, LEVYING TAXES FOR THE USES AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF SANGER, TEXAS FOR FISCAL YEAR BEGINNING OCTOBER 19 20029 AND ENDING SEPTEMBER 30, 20039 AND PROVIDING FOR THE INTEREST AND SINKING FUNDS FOR THE YEAR 2002 AND APPROPRIATING EACH LEVY FOR THE SPECIFIC PURPOSE; PROVIDING PENALTY AND INTEREST FOR DELINQUENT TAXES; AND DECLARING AN EFFECTIVE DATE, 11. Meeting Adjourned. ,J Mayor To my Kincaid