05/17/2004-CC-Minutes-RegularMINUTES: CITY COUNCIL
MAY 179 2004
PRESENT: Mayor Tommy Kincaid, Councilman Andy Garza, Councilman Glenn Ervin,
Councilman Jimmy Evans
ABSENT: Councilman Mike James, Councilman Joe Higgs
OTHERS
PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez,
Assistant City Secretary/Administrative Assistant Samantha Renz, Woodrow
Barton, Jerry Jenkins, Arlene Thomas, Judge Christian, Lisa Christian, Dall
and Linda Coolidge, Greg Russell, Mike Lawler
1. Mayor called meeting to order, Councilman Garza led the Invocation, and Councilman
Ervin led the Pledge of Allegiance
CONSENT AGENDA
2. a) Approve Minutes: May 3, 2004
b) Disbursements
Councilman Evans moved to approve the Consent Agenda. Councilman Ervin
seconded. Motion carried unanimously.
3. Citizen's Input.
4. Conduct First Public Hearing on Proposed Annexation of the Following Properties:
A. A1241A TIERWESTER, TRACT 3, ACRES 83.720, OLD DCAD SHT 6, TR 8
Jul DENTON COUNTY TEXAS; AND
B. A1241A TIERWESTER, TRACT 7, ACRES 9,84079 OLD DCAD SHT 61 TR 7,
IN DENTON COUNTY TEXAS; AND
C. A1241A TIERWESTER, TRACT 6, ACRES 10.009 OLD DCAD SHT 69 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 41 ACRES 29.3739 OLD DCAD TR 21 IN
DENTON COUNTY TEXAS
Public Hearing Opened.
Dale Coolidge,119g6 Metz Road, asked what this would do for the citizens.
City Manager indicated they will have fire and police protection.
Mr. Coolidge asked if this will increase his taxes.
City Manager indicated the taxes are 56 cents per $100.00 valuation,
Discussed location of property.
Discussion regarding city services.
City Manager indicated eventually they will be annexed by someone, we are trying to
get to a place that another City cannot encircle Sanger.
Public Hearing closed.
S. Consider and Possible Action on Ordinance #OS-11-04 -Requiring Engineered Slabs
on All New Construction.
Danny Cockrell, Code Enforcement Officer, indicated the reason he would like to see
it done is because some of contractors put in cheap slabs that may fail in 5 to 10 years.
He would like to get the liability off of the City. Mr. Cockrell indicated they should
exclude play houses, storage buildings and any outbuildings up to 500 feet.
Discussed if the City was liable if the foundation failed.
City Secretary indicated the City Engineer did indicate that it was a requirement from
insurance companies to have engineered slabs on new homes.
Discussion regarding the slabs.
Mr. Cockrell indicated the builder has to guarantee a slab for ten years by state law.
Councilman Garza moved to adopt Ordinance #05-11-04 with the exception of
outbuildings under 500 feet. Councilman Ervin seconded. Motion carried
unanimously.
Caption as follows:
ORDINANCE OS-11-04
THAT CHAPTER 3, OF THE CODE OF ORDINANCES OF THE CITY OF
SANGER, TEXAS, IS HEREBY AMENDED BY ADDING AN ARTICLE, TO BE
NUMBERED ARTICLE 3.2500 FOUNDATION REQUHtEMENTS; PROVIDING
FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING
FOR AN EFFECTIVE DATE.
6. Consider and Possible Action on Ordinance #05-15-04 - Regulating Inflatable Devices.
Danny Cockrell, Code Enforcement Officer, indicated the City needs to restrict the
height, size and time of inflatable advertising devices. Horace McGuffin had one that
got tangled up in City lines. The Wild Shop wants to put one up as well.
Councilman Evans indicated he had a problem with the ordinance. He can see where
thirty days is enough time, but he was concerned about the height limitation.
Mavor asked if the strength of the ropes that hold it has been addressed.
Danny Cockrell indicated it was not addressed.
Discussion regarding the maximum height on top of a building.
Mr. Cockrell asked if they take out the last part of the sentence if that would work for
them.
Discussed current sign regulations, currently cannot exceed 60 feet.
Councilman Ervin indicated after the new council is seated, felt they should look at
some of these ordinances and that they should table this until then.
Item tabled.
7. Consider and Possible Action on Awarding bid for F.M. 455 and Marion Road Water
Line Project and to Utilize Water Tap Fees for the Project.
City Manager indicated this is the project that loops the system in, it ties back into the
Walmart line.
Eddie Branham indicated currently a six inch line comes down IH-35, this will loop the
line back in to the system to provide more fire protection to the development East of
town.
Councilman Ervin asked if this was budgeted.
City Secretary indicated it was not budgeted, that is why they are requesting to use the
tap fees.
Discussion.
City Secretary indicated there are only so many Capital Improvements that can be
done, a bond was already done for the street and other infrastructure improvements.
Ms. Chavez indicated she felt this was the reason these funds were set aside.
Councilman Evans asked if they approve this will it cover this line and repaying the
'Texas Capital 1Fund.
City Secretary indicated it will cover it.
Discussed the five year capital plan.
Discussed budgeted items.
City Secretary indicated the Council put in the ordinance that these fees were for water
and sewer infrastructure, mains, extensions, plant expansions, etc.
Councilman Garza indicated he felt the water and sewer taps were strictly for a sewer
plant and water wells.
Mayor asked how much money is there now.
City Secretary indicated approximately $180,000.00 after April's funds are deposited.
Discussion regarding the project.
Councilman Garza indicated he had not heard of Wilson Contracting.
City Secretary indicated she had not heard of them, but there was a letter from the City
Engineer in the packet.
Eddie Branham indicated he had not heard of them but the references had been
supplied and verified.
Councilman Ervin asked about the Workers' Comp claims and injuries have they had.
Eddie Branham indicated he did not know if the Engineer had gotten any of that
information.
Councilman Ervin indicated he would like some background on some of these
contractors.
City Secretary indicated the item could be tabled for the Council to have more time to
consider the bids.
Mayor indicated we have used Osage on past projects.
Eddie Branham indicated there will be some change orders to the bid, because several
items were bid that will not be needed.
Discussed that there were some differences in what was bid.
Mayor indicated that Osage had done a good job in the past.
Eddie Branham indicated he had worked with Osage, but did not know who Wilson
Contracting was.
Councilman Garza asked how much would be added to this bid.
Eddie Branham indicated the changes should reduce it not increase it.
Discussed that less fire hydrants will be needed.
Councilman Evans indicated Osage was $8,000.00 higher.
Discussed bids.
Councilman Garza indicated he would like to budget items like this in the future.
Councilman Evans moved to accept Osage Aggregates bid of $162,801.00 and cut out
the fire hydrants and the other stuff that will not be needed to bring that price down,
which would be lower than that first bid. Councilman Garza seconded. Motion
carried unanimously.
8. Consider and Possible Action on Utilizing Sewer Tap Fees for Completion of the Sewer
Plant Expansion Project and Pay Engineering Fees for Betz Road Sewer Line Bore.
Discussed the sewer line bore.
Councilman Garza indicated if developers come in, they can pay for that bore, and the
city will not have to pay for it.
Discussion.
Eddie Branham indicated he spoke with the engineer to day and he indicated we could
use the current design and look at the geological studies in house.
City Manager indicated the 4A Board met 6 months ago and they voted to grant
$1507404.00 for this project, they were just trying to get it started.
Discussion. Belz Road sewer bore tabled.
Mayor asked how much will be needed for the sewer plant.
City Secretary indicated she felt it will be less than $100,000.00.
Discussion.
Councilman Garza moved to use the sewer tap fees for the completion of the sewer
plant expansion. Ervin seconded.
9. Consider and Possible Action Regarding New Antenna Lease Agreement with DTN
Speednet.,
Councilman Evans moved to accept the agreement, Councilman Ervin seconded.
Councilman Ervin asked what the normal commercial electric charge is. He felt they
should at least pay for their own meters.
Discussion.
Motion carried 2 to 1. Councilman Ervin voted no.
10. Consider and Possible Action on Payment to the Texas Capital Fund for Over Sizing
of the Water Line from 12" to 20" on the Walmart Waterline.
City Secretary indicted we have been trying to close the Walmart project for some time.
The State hired a new auditor that indicated a twelve inch line would have sufficed.
The State is asking for the funds back on the upgrade to the twenty inch line. We were
supposed to be making payments for part of that grant, the Texas Capital Fund came
back and said we did not have to, now they are wanting to use these funds for some
other project.
Councilman Ervin indicated he thought the city had paid the difference in the over
sizing of the line.
Discussion.
Councilman Evans asked where these funds would come from.
City Secretary indicated normally she just pays these things and then cuts where she
needs to, but she wants the Council to be aware that if they are low on funds, they will
be coming back to the Council for amendments. She asked for direction from Council
on how they wanted this handled.
Councilman Ervin indicated it was for over sizing a water line it could come from tap
fees.
City Secretary indicated she could asked the state to allow us to pay it out if they want
her to.
Councilman Ervin felt they should pay this first, and then see what is left for the water
line loop on Marion Road.
Councilman Evans indicated he would like to pay the State.
Councilman Garza indicated he felt they should pay it if it is due, and let staff find out
Acre it should come from.
Councilman Garza moved to approve paying $32,740.00 and to utilize some of the tap
fee money if there is anything left. Councilman Ervin seconded. Motion carried
unanimously.
11. Consider and Possible Action on Sidewalks.
Councilman Evans indicated he is not against beautification of the downtown area.
Councilman Evans moved to give them 30 more days. Councilman Garza seconded.
Motion carried unanimously.
12. Adjourn.
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