05/05/2003-CC-Minutes-RegularMINUTES: CITY COUNCIL
May 5, 2003
a
PRESENT: Mayor Tommy Kincaid, Councilman Jimmy Evans, Councilman Glenn Ervin,
Councilman Mike James, Councilman Joe Higgs, Councilman Andy Garza
OTHERS
PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez,
Assistant City Secretary/Administrative Assistant Samantha Renz, Electric
Superintendent Mike Prater, Streets/Parks Supervisor John Henderson, Shelley
Ruland, Crystal Brown, Elizabeth Higgs, Polly Dwyer, C. G. McNeill, Diana
Cruz, Mike Dobrovolsky
1. Mayor Called meeting to order and led the Invocation, followed by Councilman Evans
leading the Pledge of Allegiance.
CONSENT AGENDA
2. a) Approve Minutes: April 21, 2003
b) Disbursements
Councilman Evans moved to approve the Consent Agenda as presented, Councilman
Garza seconded, Motion carried unanimously.
3. Citizen's Input.
None
4. Consider and Possible Action on Presentation From Downtown Area Committee
Member Regarding the Downtown Area Ordinance Review.
Polly Dwyer, 113 Diane Dr., indicated she had two members from the committee with
her, Elizabeth Higgs and Mike Dobrovolsky, in case the Council had any questions.
She indicated that she had given a document to the Council previously. They have
made some minor changes in that document.
Polly Dwyer indicated they had changed the number of members on the committee to
seven ('7)9 and changed it from 3 year terms to 2 year terms to help stay in line with the
rest of the city. She understood the committee would not meet again unless it is to
answer questions.
Mayor expressed thanks.
Discussed this would be sent to City Attorney and put back on Agenda for approval.
5. Consider and Possible Action on Expenditure of Funds from the Sewer Tap Fees to Pay
for the Sewer Easement on Ray Stephens Property. ($12,500.00)
City Manager indicated this was back on the agenda because the expenditure had been
approved; however, it was not discussed as to where the money would come from. It
is not a budgeted item.
Councilman Garza indicated he was against it, he felt the fees were set up for the plant.
Discussion.
Mayor read ordinance section 4.900 of the fee schedule of the City of Sanger•
Ordinances:
Sec. 4.900 Crediting of Collections
(a) All water funds collected in excess of established costs shall be deposited in a
separate account for new storage facilities, new pump stations, purchase of easements
or main trunk lines and disbursed only after specific approval by the city council.
(b) All sewer funds collected in excess of established costs shall be deposited in a
separate account for the new sewer plant, additions to sewer plant, purchase of
easements or main trunk lines to plant and disbursed only after specific approval by the
city council.
Mayor asked about the balance on this account.
City Secretary indicated there was the $250,000.00 from the apartments, and about
$1301000.00 in the account, aside from what is in the savings account to be moved.
Councilman James moved to pay the $12,500.00 out of sewer tap fees, Councilman
Evans seconded. Motion carried 4 to 1. Councilman Garza voted no.
6. Consider and Possible Action on 4A Board Aiding Miguelito's Restaurant in Extending
a Gas Line to the Proposed Site in Sanger and Aiding Babe's Chicken in Possibly
Locating in Sanger.
City Manager indicated the 4A just met and approved both of these. The gas line to
Miguelito's will be a grant, and the funds to Babe's Chicken will be, at most a $619000
loan. At the end of two years they will start paying back the loan with interest.
Councilman Evans asked if they will have a lien.
City Manager indicated they would have a second lien on the equipment.
for the Sewer Easement on Ray Stephens Property. ($12,500.00)
City Manager indicated this was back on the agenda because the expenditure had been
approved; however, it was not discussed as to where the money would come from. It
is not a budgeted item.
Councilman Garza indicated he was against it, he felt the fees were set up for the plant.
Discussion.
Mayor read ordinance section 4.900 of the fee schedule of the City of Sanger
Ordinances:
Sec. 4.900 Crediting of Collections
(a) All water funds collected in excess of established costs shall be deposited in a
separate account for new storage facilities, new pump stations, purchase of easements
or main trunk lines and disbursed only after specific approval by the city council.
(b) All sewer funds collected in excess of established costs shall be deposited in a
separate account for the new sewer plant, additions to sewer plant, purchase of
easements or main trunk lines to plant and disbursed only after specific approval by the
city council.
Mayor asked about the balance on this account.
City Secretary indicated there was the $250,000.00 from the apartments, and about
$1301000.00 in the account, aside from what is in the savings account to be moved.
Councilman James moved to pay the $12,500.00 out of sewer tap fees, Councilman
Evans seconded. Motion carried 4 to 1. Councilman Garza voted no.
6. Consider and Possible Action on 4A Board Aiding Miguelito's Restaurant in Extending
a Gas Line to the Proposed Site in Sanger and Aiding Babe's Chicken in Possibly
Locating in Sanger.
City Manager indicated the 4A just met and approved both of these. The gas line to
Miguelito's will be a grant, and the funds to Babe's Chicken will be, at most a $61,000
loan. At the end of two years they will start paying back the loan with interest.
Councilman Evans asked if they will have a lien.
C0ty Manager indicated they would have a second lien on the equipment.
Councilman Evans asked if they will consider dong this for other businesses too.
City Manager indicated they would.
i
Councilman Higgs asked if the gas line will be put in even if Miguelito's is not,
City Manager indicated the gas line would not be put in until construction has begun
on their building.
Councilman James asked if they could not go back to the gas company and try to
negotiate for them to help more with the installation of this line. This will benefit them
as much or more than the city.
Discussion.
Councilman James moved to accept the 4A's recommendation as far as the grant to
extend the gas line or the best negotiated offer with the gas company. Councilman
Ervin seconded. Motion carried unanimously. Councilman Garza abstained.
Discussed loan to Babe's Chicken.
Councilman Ervin asked what they were asking for total.
City Manager indicated the maximum amount would be $61,100.00.
Councilman Higgs moved to accept 4A boards recommendation in Aiding Babe's
Chicken in possibly locating in Sanger, Councilman Garza seconded.
Councilman James asked Mr. Vineyard about the guarantee of his loans.
Discussed that Mr. Vineyards corporation would guarantee the loans and he would
personally as well.
Discussion.
Motion carried unanimously.
7. Consider and Possible Action on Ordinance #OS-14-03 -Amending Ordinance #OS-06-02
- Correcting Legal Description of Annexed Territory.
Councilman Higgs asked where the property was located.
City Secretary indicated it was city property located on Jones Street.
Councilman Evans moved to adopt ordinance #0544-03, Councilman Ervin seconded,
Motion carried unanimously.
Caption as follows:
AN ORDINANCE OF THE CITY OF SANGER, TEXAS, CORRECTING THE
LEGAL DESCRIPTION OF TERRITORY HERETOFORE ANNEXED INTO THE
CITY BY ORDINANCE #05-0&02; AND PROVIDING FOR AN EFFECTIVE DATE.
8. Consider and Possible Action on Ordinances #0545-03 and Ordinance #05-16-03 -
Amending the City of Sanger Zoning Map.
Councilman Evans moved to adopt ordinances #OS-15-03 and #05-16-03, Councilman
James seconded, Motion carried unanimously.
Captions as follows:
ORDINANCE #05-15-03
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 11-2 (BUSINESS
2) TO SFSE (SINGLE FAMILY 5-E) SPECIFICALLY DESCRIBED HEREIN; AND
PROVIDING FOR IMMEDIATE EFFECT.
ORDINANCE #05-16-03
AN ORDINANCE PROVIDING FOR THE AMENDMENT TO THE CENTRAL
ZONING MAP OF THE CTI Y OF SANGER, TEXAS, AND PROVIDING FOR A
ZONING CHANGE AND A ZONING CLASSIFICATION FROM I4
((INDUSTRIAL4) TO 11-2 (BUSINESS 2) SPECIFICALLY DESCRIBED HEREIN;
AND PROVIDING FOR IMMEDIATE EFFECT.
9. Consider and Possible Action on Ordinance #OS-13-03 -Amending the Sewer Service
Rate by Adding a rate for an 8" Water Meter.
City Manages• indicated we did not have a rate for the 8" sewer.
Councilman Ervin moved to adopt ordinance 39114-13-03, Councilman James seconded,
Motion carried unanimously.
Caption as follows:
AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS,
AMENDING CHAPTER 13, ARTICLE 13.500 SEWER SERVICE RATES, AND
APPENDIX ARTICLE 4.0009 SECTION 4.1200 OF THE CITY OF SANGER CODE
OF ORDINANCES; AND PROVIDING FOR THE REPEAL OF ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
l
CLAUSE: AND, PROVIDING FOR AN EFFECTIVE DATE.
t0. Meeting adjourned.
OF
ayor To my Kincaid
Rosalie Chavez, City