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04/05/2004-CC-Minutes-RegularMINUTES: CITY COUNCIL APRIL 5, 2004 PRESENT: Mayor Tommy Kincaid, Councilman Andy Garza, Councilman Mike James, Councilman Joe Higgs, Councilman Glenn Ervin ABSENT: Councilman Jimmy Evans 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, Electric Superintendent Mike Prater, Police Chief Curtis Amvx. StreetslParks Sunerintendent John Henderson, Code Enforcement Officer Danny Cockrell, Woodrow Barton, Jerry Jenkins, Kenny Bounds, Greg Edwards, Curtis Amyx, Liz Springer, John Springer, Dale Tucker, Ken Perry, Shelley Rualnd, Zane Latham, Greg Russell, Joyce Norman, Charlie Norman 1. Mayor Called Meeting to Order, Councilman Higgs led the Invocation, followed by the Pledge of Allegiance. CONSENT AGENDA 2, a) Approve Minutes: February 17, 2004 - workshop, February 17, 2004, March 1, 2004 - workshop, March 15, 2004 b) Disbursements Councilman Garza moved to approve the Consent Agenda as presented. Councilman Ervin seconded. 3. Citizen's Input. Dale Tucker, 6568 Michael Road, indicated he has always called Sanger Texas his home. He spoke about the property between the railroad and Indian Lane. He did not believe the current infrastructure was ever considered, there is only one way in and one way out of the proposed subdivision and the eventual build out will require a traffic signal at FM 455 and Sable Creek Blvd. Demographically there will be a minimum of U5 automobiles traveling in and out daily. During peak times when students are going to school and with people going to work this intersection is a place of which should be avoided. It's not possible to always avoid those intersections during peak times. This will cause a back up of traffic. Considering the roads to be constructed in the development emergency service will be difficult. Safety should be a major concern. The development has a planned 12 acre park, with limited access. Citizens should live in a place that is part of the city, not that is within the city limits. He asked that the Planning and Zoning Commission release the information they used to approve the development. He asked that the borders of Indian Lane be completed as planned, and that infrastructure be established so that in the future development may be accessed from Willow Street and Bolivar Street. These are not proposals that should be considered from why we can't but rather how it can be done. Jerry Jenkins, 2507 Chippewa Trail, asked if the city could request another traffic survey at the intersection of F.M. 455 and 5' Street for consideration of a traffic light due to the increased traffic caused by the relocation of the high school. 4. Consider and Possible on Adoption of Resolution # 04-07-04 -Setting Date, Place and Time for Public Hearing on Proposed Annexations. Mayor read properties to be included on the resolution as follows: A. A1241A TIERWESTER9 TRACT 37 ACRES 83.720, OLD DCAD SHT 6, TR 8 IN DENTON COUNTY TEXAS; AND B. A1241A TIERWESTER, TRACT 7, ACRES 9.8407, OLD DCAD SHT 69 TR 79 IN DENTON COUNTY TEXAS; AND C. A1241A TIERWESTER, TRACT 6, ACRES 10,009 OLD DCAD SHT 6, TR 219 IN DENTON COUNTY TEXAS; AND D. A0725A S.F. LYNCH, TRACT 13, ACRES 25.7346, OLD DCAD TR 2,2B IN DENTON COUNTY TEXAS, AND E. A1024A R. PRATHER, TRACT 4, ACRES 29.373, OLD DCAD TR 2, IN DENTON COUNTY TEXAS Councilman James moved to approve Resolution 04-07-04. Councilman Higgs seconded. Motion carried unanimously. 5. Consider and Possible Action on a Proposed Planned Development Presentation by Centurion Development. Discussed with Item 4i6. 6. Consider and Possible Action Regarding a Proposed Planned Development Presentation by K.D. Development (Johnson/Pa47 0 Kirk Wilson, indicated there were two proposed development agreements before them tonightI these were discussed in Council 4 to 6 weeks ago. Several points were discussed in detail. All of the points have been integrated into the agreements before them tonight. Both developments have a commercial area shown separately in the proposal. Both are in compliance with what was discussed previously. They will bring land use plans forward at a later date. They will submit for annexation all of the commercial tracts. It allows for the residential home tracts to not be annexed. The district will agree to pay the city 22 cents per $100 valuation for police and fire protection. There is specific approval for the creation of the district. They could go to TCEQ and create the district. They have also agreed to negotiate with Bolivar Water to release their CCN on these tracts. Everything the Council has asked for is included. Deed restrictions on home sizes will be included. Lot count provisions as far as lot widths are included. In the Chisam Road project, 70% is committed to be 50 foot tot widths or greater, 15 %will have 60 ft. lot widths or greater, and 15% will have 70 ft. lot widths or greater. They will also follow up with an annexation petition within ten days of approval for all commercial tracts to be taken into the City Limits. Councilman Ervin indicated he could not make a decision with just seeing this tonight. I{irk Wilson indicated he would like to follow up within the next 7 to 10 days. Schedule workshop for next Monday at 6;00 p.m. (April 12, 2004) Councilman Ervin indicated he would like to have a workshop and come back at next scheduled council meeting for action. He would also like to consult with the attorney to make sure the city does not get stuck paying off the bonds. City Secretary asked if they would like the attorney to come to workshop. Council would like him to be here. Item tabled. 7. Consider and Possible Action on Ordinance #04-07-04 -Regarding Sprinkler System and Fire Alarm Requirements for Newly Constructed Commercial Buildings. Item tabled. 8. Consider and Possible Action on Ordinance #04-08-04 -Regarding Sprinkler Systems in Multi -Family Buildings. Item tabled. 9. Consider and Possible Action on Ordinance #04-09-04 -Regarding Placement of Gas Meters, Electric Meters, and Fences on Newly Constructed Single Family Dwellings. City Manager indicated this will prevent meter readers from having to go inside back yards. Discussion. Danny Cockrell indicated this was a concern for meter reading sand fire protection. On some new construction they are fencing off the meters. Mike Prater indicated most builders are putting them in front. Councilman .Tames indicated he did not want to put ten feet from front, but rewire it to be outside of the fence. Discussion. Item Tabled. 10. Consider and Possible Action on Utilizing Sewer Tap Fees for Purchase of Real Estate (Being Part of Abstract 1281, Abstract 462, and Abstract 249, Consisting of 105.066 Acres of Land more or less). Councilman Garza moved to utilize sewer tap fees for the purchase of the real estate for the new sewer plant. Councilman James seconded. Motion carried unanimously. i 11. Consider and Possible Action on Awarding Bid for the Wastewater Treatment Plant Sludge Dewatering System. Discussed that this was part of original project, just bid out separately. City Manager indicated currently we have drying beds. This is for two dewatering systems and will not take up as much room. Councilman James indicated he would like more information in the future on this type of item. Councilman Garza moved to award the bid to Mechaneer for $63,088.00. Councilman Higgs seconded. Motion carried unanimously. 12. Consider and Possible Action on Resolution #04-08-04 -Urging the Texas Railroad Commission to Stop the Construction of a Commercial Disposal Well. City Manager indicated if this gets approved they will be putting chemicals into the ground. If TCEQ approves this, then they will feel sure that it will not contaminate our ground water, but if it is not put in we know for sure it will not contaminate the ground water. Dale Tucker, 6568 Michael Rd., indicated they are asking that the City of Sanger to adopt a Resolution that will be submitted to Texas Railroad Commission that they do not want the disposal well in their ETJ, it will have some weight with all of the joint resolutions. They have a citizens group of residents greater than a 2 mile radius of this proposed site. They have raised over 10,000 dollars, and hired two attorneys. The public hearing on this has been postponed until May 14th. They are hoping the Council will adopt the resolution. Basically everything can be dumped at one of these sites They will have 12,000 gallons of storage on the 2 acre lot. There will be twenty four 500 gallon barrels, with approximately 75 trucks daily. Discussed process of how chemicals are separated and what happens to them at one of these locations. The well in Krum is a disaster, there are all kinds of fluids all over the place, it is not well contained, and when it rains it washes down the drainage ditch. Discussion continued. Councilman Higgs moved to approve the resolution contingent on attorney approval, Councilman Ervin seconded. Motion carried unanimously. 13. Consider and Possible Action on Appointment of Election Judge and Alternate Judge for the May 15, 2004 Election. Councilman James moved to accept staff recommendation and appoint Polly Dwyer as the Election Judge, and Alice Madden as the Alternate Election Judge. Councilman Ervin seconded. Motion carried unanimously. i4. Meeting Adjourned. �/IlllfrKKK :'t �`G fit.}lat€eii