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09/05/2000-CC-Minutes-RegularMINUTES: CITY COUNCIL SEPTEMBER 5, 2000 PRESENT: Mayor Tommy Kincaid, Councilman Craig Waggoner, Councilman Carroll McNeill, Councilman Joe Higgs, Councilman Glenn Ervin, Councilman Andy Garza PRESENT: City Manager Jack Smith, City Secretary Rose Chavez, Woodrow Barton, Ken Cornell, Ralph Amyx, James Mann, Christine Mann, J.B. Haisler, Shirley Haisler, Shelley Ruland, Jane Valentine 1. Mayor Called Meeting to Order, Reverend Mann led the Invocation, followed by the Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes: August 21, 2000 August 28, 2000 - Workshop b) Disbursements Councilman Higgs moved to approve the Consent Agenda as presented. Seconded by Councilman Ervin. Motion carried unanimously. 3. Citizen's Input. Woodrow Barton, 807 N. 8'h St., addressed the Council regarding the City of Sanger giving consideration to selling Sanger Electric Utilities. He indicated if you could sell it by April 1, 2000 and could get 10 million dollars for it, it would solve two things. If you put the 10 million dollars in the bank and it draws 6%, that would generate $600,000.00 per year. Also, it would save half of the electric department budget if you sell by April 1, 2000. Then the Electric Company would go on the tax roll, and the City could collect property taxes. Interest and tax revenues would bring in $722,000.00 without the City having to do anything. Mr. Barton continued to discuss the selling of the Electric Department, and an alternative of cutting electric rates. Sylvan Green gave a presentation referencing the proposed retirement development. Mr. Green indicated it would be a high quality development with three (3) golf courses, a four star hotel, a village center, a 75,000 seat convention center and several sites for churches. There will be approximately 7500 homes in the retirement community. There will be a total of 2400 acres for the project. He indicated they are projecting 500 visitors a day within five years, and this is conservative. Eventually they expect to have additional hotels. Houses would range from $160,000 to $320,000. Mr. Green indicated they would probably put in high production wells. Discussion regarding the highway, golf courses, and annexation. Mayor indicated the annexation would have to be voluntary. Discussion continued regarding the development. Mayor moved up item #13 4. (13) Discuss Tax Rate, Take Record Vote; Schedule Public Hearing on Tax Rate. City Secretary indicated this needed to be done because the revenues will be increased from last years tax revenues. Discussion regarding average home appraisal. Councilman Ervin moved to proceed with the proposed tax rate of .52284. Councilman Waggoner seconded. Motion carried unanimously. Recessed at 7:21 P.M. Reconvened at 7:32 P.M. 5. (4) Consider and Possible Action on Resolution # 09-20-00 -Setting Date, Time and Place of Public Hearings on proposed Annexation. Councilman Ervin moved to approve ResolutionCouncilman Garza seconded. Motion carried unanimously. 6. (5) Conduct First Public Hearing on Proposed Annexations on Properties Legally Described as Follows: ABSTRACT 29, RUEBEN BEBEE SURVEY, TRACT 108, BEING 38.924 ACRE, S. ABSTRACT 29, RUEBEN BEBEE SURVEY, TRACT 110, BEING 41.1099 ACRES. ABSTRACT 29, RUEBEN BEBEE SURVEY, TRACT lll, BEING 50.00 ACRES. ABSTRACT 29, RUEBEN BEBEE SURVEY, TRACT 112, BEING 3.00 ACRES ABSTRACT 071A, BURI,ESON, TRACT 6, BEING 4.0129 ACRES (HAISLER), AND ABSTRACT 940A MCKINNEY & WILLIAMS, TRACT 7 (HS), BEING 2.000 ACRES (HAISLER), AND ABSTRACT 940A, MCKINNEY & WILLIAMS, TRACT 7, BEING 42.91 ACRES (IIAISLER), AND ABSTRACT 664A, F. JAIME, TRACT 31, BEING 9.61 ACRES (HAISLER), AND ABSTRACT 666A, JOHNSON, TRACT 2, BEING 177.87 ACRES (HAISLER), AND ABSTRACT 249A, COKER, TRACT 11 BEING 37.4171 ACRES, AND ABSTRACT 5621-11 HUDSON, TRACT 59 BEING 5.280 ACRES, AND ABSTRACT 1271 S. WILLIAMS, TRACT 3, BEING 2.96 ACRES, AND ABSTRACT 1241A, TIERWESTER, TRACT 75, BEING 0.3129 ACRES, AND ABSTRACT 1241A, TIERWESTER, TRACT 71, BEING 1.47 ACRES ABSTRACT 1241, TIERWESTER, TRACT 66, BEING 7.583 ACRES, AND ABSTRACT 12411 TIERWESTER, TRACT 67A9BEING 1.148 ACRES, AND ABSTRACT 1241, TIERWESTER, TRACT 65A, BEING 40.2356 ACRES Public Hearing opened. Ralph Amyx, owner of approximately 60 acres of these proposed annexations, addressed the Council indicating he gave the City an easement in 1986. Mr. Amyx indicated when Keaton Rd. was put in the land owner across the road would not let them take the tree down, so they moved the road West, and he lost some land. He indicated he was not consulted in any way about the drainage system that is in place on Keaton Road, and the drainage system was put in for the land owner immediately to his North. He indicated they should not be annexed, there is no intention of developing the property, it is used for agricultural purposes. If he has to be annexed he feels the City owes them some favors too. Mr. Amyx asked the Council if water could be moved 385 feet through someone else's property. Councilman Higgs indicated you could not change natures flow. He indicated the water was changed 385 feet on his property, he has not said anything because Curtis was working for the City. He indicated he feels the City should meet him in the middle. He indicated this was done when Glenn Shaw was on the Planning and Zoning, and felt that was a conflict of interest. Mr. Amyx indicated in Texas you cannot divert water without permission, and indicated he felt the City of Sanger should correct his problem within six months. Councilman McNeill asked what he would like Council to do for him. Mr. Amyx indicated if they went to court he knew he would win, but did not want to do that. He passed out some pictures for the Council to look at. Further discussion regarding the drainage onto his property. Mr. Amyx asked if the City Council would assure him that this problem will be taken care of. Discussion. Councilman McNeill asked what would it take to please him. Mr. Amyx indicated he would like a culvert all the way to the creek. Discussion regarding size of the culverts, and the drainage. Councilman McNeill asked if he would consider waiting until they can check on a price, and then make a decision. Mayor indicated this is a Public Hearing, and like Councilman McNeill said, all we can do is find out, a decision can not be made. I Discussion continued regarding the drainage. J. B. Haider, owns the 282 acres the City is planning to annex, he indicated he is still opposed to being annexed. He indicated he does not plan to build anything on his property, and has no use for City Services. Discussion regarding annexing only the property with the house on it, Mr. Haider indicated he had written up some metes and bounds for a 500' strip, that is 500' deep. City Secretary indicated the City Engineer will verify the metes and bounds are correct, and suggested to Mr. Haisler that he petition to be annexed voluntarily on the 500' strip if the Council would agree to it. Consensus of Council, they will agree to the 500 feet if Mr. Haider will submit a petition. Mr. Haider indicated he would submit the letter. Discussion. Public Hearing closed. 7.(6) Discuss Possible Ordinance Designating a Certain Area as the Sanger Tax Abatement Reinvestment Zone No. 1, and Guidelines and Criteria for Tax Abatements to Qualified Commercial/Industrial Projects, and a Tax Abatement Agreement Between the City of Sanger and Walmart Stores East Inc. City Manager addressed this item, indicating there are certain things the City must do if they want to give a tax abatement. Guidelines must be set up. The City Attorney will go over these to make sure of legality. Discussion regarding the tax abatement for Walmart. Council decided to have a workshop on these items prior to the next meeting. Consider and Possible Action on Interlocal Agreement for Ambulance Services for FY 2000-2001 with the City of Denton. Mayor indicated this is just a formality from the previous agreement with them. Councilman Higgs moved to approve the Interlocal Agreement as stated. Councilman Waggoner seconded. Motion carried unanimously Consider and Possible Action regarding Legal Action against TXU for Delinquent Electric and Gas Franchise Fees. City Secretary indicated she had spoken with the City Attorney, and apparently TXU had not been paying correct franchise fees. What this will do for the City is that they will freeze the records, and if Sanger has money coming they will have to pay it. Discussion regarding the franchise fees, and the cost to the City. Councilman McNeill moved to gamble the $2,000.00 and see if we can Will against the gas company. Councilman Garza seconded. Motion carried unanimously. 10. k!F) Consider and Possible Action on the Closing of Elm Street from 3ra Street to 5"' Street, and Bolivar Street from 2°d Street to 5th Street, 4`h Street form Cherry Street to Elm Street, and 3' Street from Cherry Street to Elm Street for the Sanger Sellabration on September 9, 2000. Brief Discussion. Councilman Waggoner moved to accept the recommendation of the Chamber on closing the streets for the Sanger Sellabration as written. Councilman Ervin seconded. Motion carried unanimously. 11. (].0)Consider and Possible Action Regarding Solicitation of Bids for Electric Line on I-35 to Serve Walmart Distribution Center. City Manager indicated this item will be totally paid by the grant, we were advised we would receive the grant on October 3, 2000. Discussion regarding the project. Councilman Ervin moved to go out for bid for Electric for Walmart. Councilman McNeill seconded. Motion carried unanimously. 12. (l.l)Consider and Possible Action on Resolution #09-21-00 -Authorizing Loan from GNB. Councilman McNeill moved to adopt Resolution #09-21-00 -Authorizing loan from GNB. Councilman Garza seconded. Motion carried unanimously. 13.(lt)Any Other Such Matters. A. Councilman McNeill asked if we have established an electric rate for Walmart. City Manager indicated the City will get with the City of Denton and CoSery to work it out. Mr. Yeatts indicated he went to CoSery and Mr. Trivia recommended they stay wI th a standard rate, not just make a rate for Walmart, but make a rate and stay with it. Discussion. Councilman McNeill indicated he wanted to make sure the City made a profit, and does not give it away. B. Councilman McNeill wanted to talk about the salary structure for Rose, Jeff, and Eddie. He indicated he wanted to know how they were being paid as far as overtime and comp time. City Manager indicated they had been shifting back and forth. Eddie and Jeff at this point can turn in overtime and get paid for it. Most of the time they turn in their extra hours as comp time. Rose turns in comp time. Councilman McNeill indicated he still feels that Rose should be given the title of Assistant City Manager, and compensated accordingly. Mayor agreed, and indicated Rose has earned the right to that title. City Secretary indicated she did not want to lose her City Secretary title. Discussion. C. Councilman Higgs asked who enforce the subdivision ordinances in the E.T.J. Mayor indicated they must comply with the County and the City. Discussion regarding the requirements. D. Councilman Higgs asked about the transfer in the budget from the General Fund to the Enterprise Fund. City Secretary explained the transfers. Discussion. E. Councilman McNeill asked about the water and sewer line for Walmart, and if that was going out for bid. City Manager indicated it would go out for bid and the City Engineer will write the specifications for the City. 15. Meeting Adjourned. A'