06/07/2004-CC-Minutes-RegularMINUTES: CITY COUNCIL
JUNE 79 2004
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PRESENT: Mayor Tommy Kincaid,
OTHERS
PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez,
Assistant City Secretary/Administrative Assistant Samantha Renz,
Water\Wastewater Superintendent Eddie Branham, Electric Superintendent
Mike Prater, Code Enforcement Officer Danny Cockrell, Police Chief Curtis
Amyx, Streets/Parks Superintendent John Henderson, Marshall Parker, Terry
Davidson, Lanny Grissom, Beverly Howard, Grace Garza, Allen Bussell, Larry
Masten, Don Jost, Anthony Martinez, Dale Keith Roberts, Carol Roberts, Greg
Russell, Kathleen Martin, Mehrdad Moayedi, Ross B. Calhoun
1. Mayor called meeting to 'order,`and led the Invocation, followed by the PIedge of
Allegiance.
CONSENT AGENDA
2. a) Approve Minutes: May 17, 2004
b) Disbursements
Councilman Evans moved to approve the Consent Agenda as presented. Councilman
Garza seconded. Motion carried unanimously.
3. Citizen's Input.
Larry Masten, 208 Sth Street, indicated he had addressed a problem with the Council
on the 1st of May about a drainage ditch between Wood and Willow Streets. At that
time he was told a culvert would be put in and covered with grass. When will it be
done?
City Manager indicated the pipe has been purchased. Osage should begin within a
month.
Kathleen Martin, indicated she had purchased a house on Walnut the first of the year.
At that time the road was not paved. They did put asphalt on the road. Every road in
that area is curbed. She indicated she would like to know why curbing was not put in
when the road was paved.
City Secretary indicated she did address that with Osage, they did say they were
thinking about what could be done.
City Manager indicated he will check into it.
Don Jost, 102 Holt, discussed Holt Road needed to be resurfaced as indicated by the
Council about a year ago.
City Secretary indicated the easements were not signed by the property owners.
City Manager indicated he will get back with him.
Weldon Wilson, indicated Wilson contractors was the apparent low bidder in April
2004 on the Marion Road Water Line project. He made sure they met all
requirements. They kept in touch with the engineer. At no time were they aware of
a problem with the bid. They gave references. Contracts were all executed as
required. They received no communication from the office, and at one point was told
a letter of recommendation went to the City Council and they (Wilson Contractors)
should receive notice to proceed within two days. They later called and were advised
the bid was awarded to the second lowest bidder. They never received any information
other than that initiated by them. He asked the Council to reconsider the bid. He
indicated their reputation is good, and they are fully capable of meeting the terms of
the contract and will do what is necessary to complete the contract.
Samantha Renz, Assistant City Secretary, indicated the Keep Sanger Beautiful Board
would like to invite the Council to attend the Awards Luncheon in Austin for the
Governor's Community Achievement Award presentation to the Keep Sanger Beautiful
Board on June 18'. Reservations should be in by June llth.
4. Conduct Public Hearing to Consider a Zoning Request Change to The PD (Planned
Development) Zoning on Property Legally Described as Abstract 1241 in The Henry
Tierwester Survey, Tract 87 & 88.
Public Hearing opened.
Allen Bussell, 1621 Amanda Court, indicated they have changed some things in the
original PD, based on Planning and Zoning's input. In the Northern portion of Area A,
they are asking for Single Family use. The southern Portion will have hotel/motel and
restaurant use, which is consistent with the other plan that was brought to them. The
front yard setback on the assisted living would be 15 feet. Drainage will be taken care
of at the time of platting. They will work with staff and the City Engineer. They are
restricting that there will be no parking on the spine street. The street will either line
up with Laney Drive or with Brooke Drive. Driveways will not access the spine road.
Buffering between commercial and Single Family has been changed to an eight foot
fence as well as large trees on 50 ft. centers and two ornamental trees for every large
tree. Commercial will have landscape islands every 12 spaces. A minimum of four
signs will be allowed along the proposed spine street restricted to 60 square feet
maximum. The signs will most likely be in the assisted living area. Height restrictions
are two story for all uses proposed. This concept has 28 single family lots, and 80 units
in the assisted living. Single Family attached areas will provide at least ten different
elevations, two car garages, roof pitch will be at least 6:12 pitch. Assisted living area
will have garden area appropriate for the number of residents.
Dale Keith Roberts, 600 Keaton Road, indicated he lives adjacent to the South side of
the property. He moved there ten years ago for the small town atmosphere. This will
bring traffic right by his bedroom window. They are in a small community that is
going to grow, there are items he felt should be addressed. Whoever is responsible for
the property is already showing negligence. He has called several times due to high
grass. It was finally mowed one time. That is not showing civic responsibility or caring
for the community. He expressed concerns regarding drainage. Section B is assisted
living and Single Family. Section B could have homes or assisted living, it doesn't
specify. He asked council to consider his input and weigh their decision carefully.
Don Jost, indicated his main concern is the water flow down the creek. Discussed
problem with water on Duck Creek. He expressed concerns regarding the
maintenance of property, and the current farm animals on the property. He indicated
he would like to see an eight foot fence on the entire North side of the property. He
expressed concerns regarding the width of the road.
Discussion.
Public Hearing closed.
5. Consider and Possible Action Regarding a Zoning Request Change to The PD (Planned
Development) Zoning on Property Legally Described as Abstract 1241 in The Henry
Tierwester Survey, Tract 87 & 88.
Councilman Evans asked what would happen if they go back to having the main road
meet Brooke Drive,
Mr. Busseli indicated it will be a straighter road.
Discussed drainage.
Discussed streets.
Discussed private drive off of Duck Creek Road.
Councilman Lawler asked what mixed uses could go into the area. He asked if they
could split the area into three parts and put Single Family on the West.
Discussion continued regarding the plan.
Mayor indicated the setback variances go directly against what they have been trying
to do in the City.
Discussion continued regarding the plan.
City Secretary indicated she was opposed to it when they changed it from Single
Family to the Planned Development the first time. She likes the fact that they have the
bigger homes, and likes the new proposal.
Discussed property values.
City Secretary indicated the drainage will be addressed at platting. Our City engineer
will address it as well.
Councilman Evans indicated he didn't want to hold up just because of the street. He
wanted to try to accommodate everyone. Could they fence along the street?
Councilman Evans asked if they could flip the plan so that the street in on the other
side.
Mr. Bussell indicated it would put water in the downstream cull -de -sacs if they do it.
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Discussed variances and setbacks.
Councilman Higgs moved to accept the changes to the Planned Development.
Councilman Evans seconded. Motion failed 4 to 1, Councilman Higgs voted yes.
Councilmen Evans, Garza, Ervin and Lawler voted no.
Councilman Garza moved to approve the request with no variances on setbacks,
Councilman Higgs seconded. Motion carried 3 to 2, Councilman Evans and
Councilman Ervin voted no.
b. l OnUUCt aeCOriQ Yup11C rieilring Un YI Ul1UJeU HnllCxnituu u1 1 uC r utiuwixi� r i ujrci iica.
A. A1241A TIERWESTER, TRACT 3, ACRES 83.720, OLD DCAD SHT 6, TR
8 IN DENTON COUNTY TEXAS; AND
Be A1241A TIERWESTER, TRACT 7, ACRES 9,8407, OLD DCAD SHT 61 TR
79 IN DENTON COUNTY TEXAS; AND
Co A1241A TIERWESTER, TRACT 6, ACRES 10.0% OLD DCAD SHT 6, TR 21,
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
Public Hearing opened.
No Discussion.
Public Hearing closed.
7. Consider and Possible Action on Proposed Planned Development Agreement Submitted
by Centurion Development.
Kirk Wilson, discussed the development agreement. He indicated they will take on the
responsibility of negotiating with Bolivar Water for the CCN to be transferred to the
City of Sanger.
Jim Weaver, Carter Burgess, gave handout of the layout of the property. He
discussed proposed uses in the different areas.
There will be a park and public site, and maybe an elementary school.
Kirk Wilson explained the area is within the ETJ, and they would propose to annex the
58 acres of commercial. The other areas would be in a WCID.
Councilman Ervin asked why they didn't come down with the commercial on the
South side where it abuts the highway.
Mehrdad Moayedi indicated they would not be opposed to putting in a 300 foot wide
strip of commercial area for a buffer.
Discussed possibly using part of that property for commercial.
Councilman Evans indicated he had a problem with the whole thing not being in the
City limits.
Councilman Lawler asked why they wanted a WCID.
Discussion.
Mayor indicated he wanted the entire project brought into the City limits.
Kirk Wilson indicated they are able to amenitize this development a lot better than any
other development in the City because they can offset the cost with the improvement
district. The agreement we have, is that they will pay the city 22 cents per $100
valuation.
Mr. Moayedi indicated the amenities are needed to b�•ing people this far North, the
commercial will bring in the taxes. This will allow them to bring infrastructure.
Councilman Lawler asked if this could be brought into the city limits.
Mr. Wilson explained that if he has to pay the 56 cents, it will reduce his ability to sell
the bonds, and would impact him if the city increased taxes, and the city could annex
the land at a later time.
Mr. Moayedi indicated that for people to buy here, they have to disclose the tax
information, these people get to live in as nice of amenities as there are in Dallas, they
will pay extra to have these amenities for their kids.
Councilman Evans asked what would happen if they can't buy Bolivar Water.
Mr. Moayedi indicated he will do what he has to do.
Councilman Garza asked if they have considered what they will do if they can't buy
Bolivar.
Mr. Moayedi indicated his attorney and their attorney will come to some agreement.
Mr. Moayedi indicated the builders will be national builders. They have Home Owners
Associations of 5-6000 people. They will do what they say they will do.
Councilman Evans indicated it is hard to get meters from Bolivar. What if they don't
supply the water.
Mr. Moayedi indicated they will fight with them in front of TCEQ. They are bringing
rooftops to extend the area as soon as possible. They will take on Bolivar Water, and
will put in a quality subdivision.
Councilman Ervin asked how many rooftops do they think will be necessary before the
commercial will develop.
Mr. Moayedi indicated 800 to 1000 homes.
Councilman Ervin asked how long that will take.
Mr. Moayedi indicated it will take 2 to 3 years.
itirk W iison weni Through some of the poinis in the agi'eeiueut.
Discussed number of homes in the four different phases.
Councilman Ervin asked if the North area had to be in that district.
Mr. Moayedi indicated they might could leave that out. Those people could afford their
own amenities.
Discussion.
Councilman Evans expressed concerns regarding police protection and the additional
cars that will be needed.
Mr. Moayedi indicated he would be willing to buy a police car.
City Secretary indicated they are taking Sanger completely off of the bonds. Dan
Almon was concerned, and now they are taking the City of Sanger off, and it eliminates
that problem.
Mr. Wilson indicated everything the bond counsel asked for was done.
City Secretary indicated they have agreed to allow Sanger Electric to service all of this.
This will be a lot of revenue that will cover the police protection etc, another developer
may not use Sanger electric.
Councilman Garza expressed concerns rearing the lot sizes.
Mr. Moayedi indicated the house that goes on the lot is really the issue. It should not
� be the lot size. He is trying to have three different products.
Councilman Garza indicated the City requires eight foot side setbacks.
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Mr. Moayedi indicated may have to go with minimum 56 ft wide lots.
Discussed building requirements.
Councilman Garza indicated he felt the negotiations with other entities should be left
to them and that the city should not get involved.
Mr. Wilson indicated there will be some things the City will need to do.
Councilman Evans asked if the County has to approve this.
Mr. Wilson indicated they did not need County approval.
Discussion.
Councilman Lawler asked if they could postpone this until the next meeting and
indicated he is not comfortable taking action tonight.
Mr. Wilson indicated they will make the changes discussed, and come back to the next
meeting.
Item tabled.
8. Consider and Possible Action on Chamber of Commerce Request for Street Closures
and Use of the Downtown Park for the Sanger Sellabration in September.
Lanny Grissom, Chamber of Commerce, indicated they had started planning for the
26th annual Sellabration, and they were asking for usual street closures, and use of the
park.
Discussed use of sidewalks, etc
Councilman Evans moved to approve the street closures, and for merchants to be
allowed to get permits for sidewalks, and use of park. Councilman Ervin seconded.
Mr. Grissom asked if there would be any other monetary help from the city to offset
Expenses.
Councilman Evans withdrew his motion. Councilman Ervin pulled his second.
Councilman Evans moved to grant the use and closure of the streets, the use of park,
and that the merchants be allowed to get permits in front of their businesses, and that
there be no financial assistance from City. Councilman Ervin seconded. Motion
carried unanimously.
9. Consider and Possible Action on Ordinance #06-16-04 - Regarding a Fee for Rechecks
on Meters that are not Accessible.
Mike Prater indicated in the past if the gates are locked we over bill the customer. We
always have to reseed someone out, and then do an adjustment. These customers that
have these situations tend to repeat this because there are no consequences. They keep
the bacl dogs by the meter. They don't have time to keep sending a person back to the
same house month after month. This way people would keep dogs away from the
meters during those times.
Councilman Evans asked if they had binoculars that they use to look at the meters.
Mike Prater indicated he did, but he had one customer that was very upset that the
meter reader stood on the fence to see the meter.
Councilman Ervin asked how many are giving him problems.
Mike Prater indicated out of about 2500 there are about 30 per route, on 4 routes.
Councilman Ervin asked about remote reading devices.
Discussion.
Councilman Ervin felt they should get a receiver to put on the meters.
Mike Prater indicated last he checked they were about 300 dollars.
Councilman Lawler asked if we could try giving the customers the option of putting in
the device before they put this Ordinance in place.
Discussion.
Mr. Prater indicated he will look into the alternate system and bring it back to the
Council.
Item tabled.
10. Consider and Possible Action on Ordinance #06-15-04 -Regulating Inflatable
Advertising Devices.
Discussion.
Councilman Evans indicated he did not think the height should be restricted.
Councilman Ervin moved to approve Ordinance #06-15-04, Councilman Lawler
seconded. Motion carried 5 to 1. Councilman Evans voted no.
11, Consider and Possible Action on Board Appointments.
Item tabled.
12. Consider and Possible Action on Ordinance #06-14-04 -Regulating Extension of
Electrical Service.
Councilman Evans moved to approve Ordinance #06-14-04. Councilman Garza
seconded.
Mike prater indicated for a community our size, this is what we need. His budget
cannot take the growth.
Councilman Ervin asked if this came from another city.
Mr. Prater indicated it came from the City of Whitesboro.
Motion carried unanimously.
13. Consider and Possible Action on Interlocal Agreement with Denton County for Tax
Collection,
Councilman Evans moved to approve the agreement. Councilman Higgs seconded.
Motion carried unanimously.
14. Consider and Possible Action on Resolution #06-09-04 -Nominating One Member to
the Board of Managers of the Denco Area 944 District
Councilman Evans moved to nominate Harlan Jefferson. Councilman Garza seconded.
Motion carried unanimously.
15. EXECUTIVE SESSION: In Accordance with Texas Government Code, Subchapter D,
Section 551.074 to Discuss Personnel.
a) City Manager Evaluation.
Mayor convened into executive session at 9:20 p.m.
16. RECONVENE into Regular Session and Consider Action, if Any, on Items Discussed
in Executive Session.
Reconvened at 10:54 p.m. into regular session.
Councilman Evans moved to raise the City Manager's salary to $72,000.00.
Councilman Ervin seconded. Motion carried unanimously.
17. Meeting Adjourned.
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