09/18/2000-CC-Minutes-RegularMINUTES: CITY COUNCIL
SEPTEMBER 18, 2000
PRESENT: Mayor Tommy Kincaid, Councilman Carroll McNeill, Councilman Joe Higgs,
Councilman Andy Garza, Councilman Glenn Ervin, Councilman Craig Waggoner
OTHERS
PRESENT: City Manager Jack Smith, City Secretary Rose Chavez, Administrative Assistant
Samantha Renz, Electric Superintendent Jeff Morris, Police Chief Curtis Amyx,
Vehicle Mechanic Tommy Belcher, Woodrow Barton, Ralph Cain, Shelley Ruland,
Frank Rodgers, Kenny Ruland, Ralph Amyx, Jim & Martha Tieszen, Todd Tieszen,
Shirley Haisler
1. N[ayor Called Meeting to Order, Councilman Waggoner led the Invocation, followed by the
Pledge of Allegiance.
CONSENT AGENDA
2. a) Approve Minutes: September 1, 2000 - Workshop
September 5, 2000
b) Disbursements
Discussion regarding legal fees, Councilman McNeill indicated some of the fees may need to
paid by the 4A Board.
City Secretary explained that $247.50 should be paid by the 4A Board, so they will reduce both
sides by $123.750
Discussion regarding disbursements to Wesco, Techline, and Dealers Electric.
Councilman Ervin moved to approve the Consent Agenda as presented with the changes made.
Councilman Waggoner seconded. Motion carried unanimously.
3. Citizen's Input.
None.
4. Consider and Possible Action on Ordinance #09-14-00 -Amending Water Rates.
Mayor read ordinance as follows:
AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 23.000 FEE SCHEDULE FOR
WATER SERVICE RATES IN THE CODE OF ORDINANCES OF THE CITY OF
SANGER, DENTON COUNTY, TEXAS, TO PROVIDE FOR A SCHEDULE OF WATER
UTILITY RATES; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED AND ORDERED by the City Council of the City of Sanger, Texas that:
SECTION I
THE SCHEDULE OF FEES FOR CONSUMPTION OF WATER UTILITY FOR BOTH
COMMERCIAL AND RESIDENTIAL CUSTOMERS SHALL BE.
$14.25 Minimum per unit served for 0-1,000 gallons
$::.25 per thousand gallons
$2.45 per thousand gallons
$185 per thousand gallons
$3.65 per thousand gallons
ei'fective October 19 2000
1,001 -
5,000 -
15,000
30,000
SECTION II
4,999 gallons
14,999 gallons
- 29,999 gallons
+ gallons
All ordinances or parts of ordinances in conflict hereof are, to the extent of such conflict,
rfhpealed.
SECTION III
It is declared to be the intention of the City Council that the sections, paragraphs, sentences,
clauses, and phrases of this Ordinance are severable and, should any of the same be declared
null or void by any court of competent jurisdiction, such action shall not affect the remaining
phrases, clauses, sentences, paragraphs, and sections of this Ordinance.
SECTION IV
Failure to comply with any section or provision of this Ordinance that is prohibited or is
declared to be unlawful or a misdemeanor, or whenever in this Ordinance, the commission
of an act is required or the omission thereof is prohibited, the violation of such provision shall
big punishable by a fine not to exceed One Thousand Dollars ($1,000.00); provided however,
that no penalty shall be greater or less than the penalty provided under the laws of the State
oi' Texas. Each day any violation of this Ordinance shall continue shall constitute a separate
offense.
PASSED, APPROVED, AND ADOPTED, this the 18th day of September A.D., 2000, by the
City Council of the City of Sanger, Denton County, Texas.
Councilman McNeill indicated this is the number that was needed, when he and Mr. Yeatts
rEsearched these rates.
Councilman McNeill moved to adopt Ordinance #09-14-00. Councilman Higgs seconded.
Motion carried unanimously.
5. Consider and Possible Action on Adoption of Ordinance #0945-00 - Regarding Annexation
of the Following Described Property:
IPiDIAN SPRINGS EST., BLOCK A, LOT 5
BEEING ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE RUEBEN BEBEE SURVEY,
ABSTRACT 29, TRACT 113, BEING 9,472 ACRES OF LAND, AND
31EING ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE RUEBEN BEBEE SURVEY,
ABSTRACT 29, TRACT 114, BEING 5 ACRES OF LAND.
Councilman Higgs moved to adopt Ordinance 09-15-00. Councilman Waggoner seconded.
1V[otion Carried unanimously.
6. Conduct Second Public Hearing on Proposed Annexations on Properties Legally Described
as Follows:
ABSTRACT 29, RUEBEN BEBEE SURVEY, TRACT 108, BEING 38.924 ACRES.
A:BSTRACT 29, RUEBEN BEBEE SURVEY, TRACT 110, BEING 41,1099 ACRES,
ABSTRACT 29, RUEBEN BEBEE SURVEY, TRACT III, BEING 50.00 ACRE, S.
ABSTRACT 29, RUEBEN BEBEE SURVEY, TRACT 112, BEING 3.00 ACRES
ABSTRACT 071A, BURLESON, TRACT 6, BEING 4,0129 ACRES (HAISLER), AND
ABSTRACT 940A MCKINNEY & WILLIAMS, TRACT 7 (HS), BEING 2,000 ACRES WAISLER), AND
A:BSTRACT 940A, MCKINNEY & WILLIAMS, TRACT 7, BEING 42.91 ACRES MAISLER), 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 1, BEING 37,4171 ACRES, AND
A:BSTRACT 562A, HUDSON, TRACT 5, BEING 5,280 ACRES, AND
A:BSTRACT 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 1241, TIERWESTER, TRACT 67A, BEING 1,148 ACRES, AND
ABSTRACT 1241, TIERWESTER, TRACT 65A, BEING 40,2356 ACRES,
Public Hearing open.
Ralph Amyx indicated he was opposed to being annexed.
Sl'nirley Haider indicated the agenda still showed all of their property, although they had
agreed to annex only 500 feet.
Mayor explained the City needs the petition signed for voluntary annexation.
Discussion regarding the petition, Ms. Haisler indicated she did not understand why the
document was needed.
Mayor explained the agreement was that they would voluntarily petition to annex the 500 feet.
M[s. Haisler indicated Mr. Haider probably would come in and sign the petition.
Public hearing closed.
7. Conduct First Public Hearing on Proposed Annexation of Property Legally Described as
Abstract 1024A R. Prather, Tract 2 & 3, Being a Part of a 19.45 Acre Tract, Being a Total
of 12.25 Acres. Property is Located on F.M. 455.
Public hearing open.
No discussion.
Public hearing closed.
8. Consider and Possible Action on Ralph Amyx's Drainage Problem on Keaton Road.
Ralph Amyx addressed the Council regarding the drainage problem on his property, he
indicated every time it rains the ditch gets deeper. He indicated the available options were
to either go underground all the way to the ditch with an inlet, to change it back the way it
was, to stop up the 24" underground culvert, or to let the water go back out where it
originally went.
Discussion on the position of the culverts compared to where they were.
City Manager indicated the City Engineer will be here tomorrow to measure and then get
prices and find out what the cost will be to correct the problem.
Mayor asked if he would give them a little more time to get the figures.
Discussion.
Mayor postponed this item until the next meeting.
9. Consider and Possible action Regarding a Preliminary Plat for Heritage West Subdivision,
Being 69 Residential Lots in three Phases and a 6.26 Acre Commercial Reserve on 26.15
Acres in the Henry Tierwester Survey, Abstract #1241.
City Manager indicated this went before the Planning and Zoning Commission on Thursday
night.
i
i
City Secretary indicated they approved the Plat with the recommendation that the City
Council consider sidewalks.
Discussion regarding sidewalks and the upkeep of them.
Shelley Ruland indicated they have asked for a variance on both the alleys and the sidewalks.
Discussion regarding drainage.
Discussion regarding the size of the lots, and parking requirements.
Councilman McNeill indicated he appreciated the 30 Right of Way on FM 455.
Discussed setback requirements.
Councilman Higgs moved to accept the plat as is. Councilman Garza seconded. Motion
carried unanimously.
10. Conduct Public Hearing to Consider a Zoning Request Change from Agriculture to SF3 on
property platted as residential and B2 (Business 2) on property platted as commercial.
Property is Legally Described as Abstract 1241, Henry Tierwester Survey, Being Part of a
Called 66 Acre Tract 61, Being a Total of 26,1544 Acres, To Be Known as Heritage West
Addition. Property is located on F.M. 455.
Public Hearing open.
No Discussion.
Public Hearing closed.
11. Consider and Possible Action Regarding a Zoning Request Change from Agriculture to SF3
on property platted as residential and B2 (Business 2) on property platted as commercial.
Property is Legally Described as Abstract 1241, Henry Tierwester Survey, Being Part of a
Called 66 Acre Tract 61, Being a Total of 26.1544 Acres. To Be Known as Heritage West
Addition. Property is located on F.M. 455.
Councilman McNeill expressed concerns regarding the B2 zoning.
Discussed zoning.
Shelley Ruland indicated there were certain types of businesses allowed in B2 zoning not
allowed in the Bl zoning that they really wanted to allow in this development. These
businesses included Nursing Homes, Retirement Centers, Banks, and/or Office Buildings.
Discussed the possibility of changing to Bl with the provision of changing the ordinance to
allow those items in that zoning.
Councilman McNeill moved to approve the request as recommended by the Planning and
Zoning with the stipulation to put Bl in place of the B2 zoning. Councilman Waggoner
seconded. Motion carried unanimously.
12. Conduct Public Hearing to Consider a Zoning Request Change from Industrial (I4) to Single
Family (SF3) on Property Legally Described as:
ABSTRACT 71A, BURLESON SURVEY, TRACT 5, 2.156 ACRES
ABSTRACT 562A, HUDSON SURVEY, TRACT 4, 8.720 ACRES, AND
ABSTRACT 664A, F. JAIME SURVEY, TRACT 30, 11.536 ACRES, AND
ABSTRACT 664A, F. JAIME SURVEY, TRACT 30, 8.838 ACRES, AND
ABSTRACT 940A, MCKINNEY & WILLIAMS SURVEY, TRACT 1, 51.156 ACRES,
BEING A TOTAL OF 82.42 ACRES, PROPERTY IS LOCATED OFF OF COWLING ROAD.
Public hearing open.
Todd Tieszen, 8086 FM in Ponder, spoke in favor of the request, and indicated he would
answer any questions the Council might have.
Mayor asked his intentions for the property.
M[r. Tieszen indicated the intention was to put Single Family 3 homes, minimum 1200 square
feet or larger with lots of 60' X 100' or larger.
Discussion regarding the request.
Public hearing closed.
13. Consider and Possible Action Regarding a Zoning Request Change from Industrial (I4) to
Single Family (SF3) on Property Legally Described as Follows:
ABSTRACT 71A, BURLESON SURVEY, TRACT 5, 2.156 ACRES
ABSTRACT 562A9 HUD50N SURVEY, TRACT 4, 8.720 ACRES, AND
ABSTRACT 664A, F. JAIME SURVEY, TRACT 30, 11.536 ACRES, AND
ABSTRACT 664A, F. JAIME SURVEY, TRACT 30, 8.838 ACRES, AND
ABSTRACT 940A, MCKINNEY & WILLIAMS SURVEY, TRACT 1, 51.156 ACRES,
BEING A TOTAL OF 82.42 ACRES, PROPERTY IS LOCATED OFF OF COWLING ROAD.
Councilman Ervin moved to approve the zoning request change from Industrial 1 to Single
Family 3. Councilman Garza seconded. Motion carried unanimously.
14. Consider and Possible Action on Appointing Rose Chavez as the Assistant City Manager/City
Secretary.
Mayor indicated he felt the title should read City Secretary/Assistant City Manager.
Councilman Ervin moved to appoint Rose Chavez as the City Secretary/Assistant City
Manager. Councilman McNeill seconded. Motion Carried unanimously.
15. Consider and Possible Action Regarding Ordinance #0946-00 - Designating a Certain Area
as the Sanger Tax Abatement Reinvestment Zone No. 1.
Item tabled.
16. Consider and Possible Action Regarding the City of Sanger Guidelines and Criteria for Tax
Abatements to Qualified Commercial/Industrial Projects.
Item tabled.
17. Consider and Possible Action Regarding a Tax Abatement Agreement Between the City of
Singer and Walmart Stores East Inc.
Item tabled.
18. Consider and Possible Action Regarding Ordinance #09-17-99 -Adopting the Budget for FY
2000/2001.
City Manager advised the Council that he had increased some of the revenues, and did not
increase the Electric Power Purchase. He asked that they go ahead and adopt the budget,
and indicated there will be amendments at the next meeting.
Discussion.
Councilman McNeill moved to adopt Ordinance 09-17-00. Councilman Garza seconded.
Motion carried unanimously.
19. Consider and Possible Action Regarding Ordinance #09-18-99 -Adopting Tax Rate.
Councilman Ervin moved to adopt Ordinance 09-18-00. Councilman Waggoner seconded.
Motion carried unanimously.
20. Any Other Such Matters.
A. Discussed annexations.
B, Councilman Garza requested staff look into grants for the Police Department.
C. Councilman Garza indicated a citizen had expressed concerns to him regarding the
water pressure in Indian Springs.
D. Mayor indicated he and the citizens were very proud of the fire department and their
efforts on the haxvare store.
21. 1VJ[I djout;rt.�
g omn7 caid, Mayor
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