10/02/2000-CC-Minutes-RegularMEN IUTES: CITY COUNCIL
OCTOBER 2, 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, Police Chief Curtis Amyx, Mike Prater, Woodrow
Barton, Ralph Cain, Shelley Ruland, R.E. Cain, Sharon Copeland, Linda
Hartman, Shasta parker, Travis Underwood, Fred Yeatts, Ken Cornell, Jayne
Ashcraft, Beverly Branch, Grace Garza
1. Mayor Called Meeting to Order, and led the Invocation, followed by the Pledge of
Allegiance.
CONSENT AGENDA
2. a) Approve Minutes: September 14, 2000 - Special Called
September 18, 2000 - Workshop
September 18, 2000
Correction was made by Councilman Garza to the September 18"` minutes. Item #20
(c), Councilman Waggoner had made the statement.
Motion was made by Councilman Waggoner to approve the Consent Agenda with
correction. Seconded by Councilman McNeill. Motion Carried unanimously.
3. Citizen's Input.
Woodrow Barton, 807 N. 7t'', addressed the Council in regards to the CDD (Community
Development Districts). He expressed concerns and asked the Council to be cautious.
Mr. Barton referenced a set of minutes from the Ways and Means Committee to
revamp the CDD law passed in 1995.
Mr. Barton indicated in 1995 the TI Plant had been vacant for some number of years
and they were trying to sell it, Dell had become aware of the property and expressed
interest; however, they wanted a CDD. There was discussion and the County
Commissioners decided to have an election for a CDD to cover the land encompassed
by the TI Plant. The only people allowed to vote on the issue were the residents of the
land. The Assistant City Attorney for the City of Denton moved onto the property in
a trailer behind the plant and when the election came, he voted. for the district 1 to 0.
Dell did not buy the property and it is still for sale.
Mr. Barton indicate he had read in the paper that it was an eye sore. He expressed that
it is not just an eye sore, it is on the tax roll and they pay school, city and county taxes.
He advised that someone is trying to buy it again but they want tax abatements for 5
to 10 years.
He proceeded to read minutes from a County Commissioner's meeting. This was held
0n Austin. Commissioner Sandy Jacobs responded to a question from the committee,
he CDD's have provided a great catalyst for Economic Development. It wasn't that
long ago that Denton County was nothing more than a sleeping bedroom community,
but since this adoption of CDD legislation, Denton County has become very active and
along with adopting tax incentives there was a huge increase in economic development
in the last five years. In this time period a potential of anywhere from 8,000 to 12,000
jobs and more importantly we reduced a tax rate to the level they held a decade ago by
the use of the CDD's."
Mr. Barton expressed that Denton County was growing many years before the CDD's
and he does not know where the CDD's have added anything.
Mr. Barton continued that under current law and if the legislation was followed you
could not put residential in a CDD. He continued to emphasize the City Council needed
to learn more about the CDD's. The County Commissioner needs the schools, cities
and counties to be for the CDD's, otherwise they cannot be approved. He indicated Mr.
Smith and Mr. Biggerstaff had been to the County Commissioner Meeting and
expressed they were in favor of the CDD.
Mr. Barton indicated he did not know if he was for or against the CDD, but the City
needs to find out more information as to how this will obligate the citizens.
Sharon Copeland, Real Estate Agent, addressed the City Council concerning CDD#8.
She indicated she had a lot of people come to her office that were upset. Ms. Copeland
indicated the more she learned, the more upset she became. She had hoped for an
opportunity for public input. She expressed concerns regarding the legality as
expressed in the minutes read by Mr. Barton, which indicated residential could not be
put in CDD's.
Ms. Copeland continued to express how she was not able to find one single person in
or of this development. Other issues she expressed were the debt incurred by these
CDD's, and how it is almost impossible to annex them. The water availability was also
a concern in regards to the needs of the development.
s. Copeland indicated there were small Citizens Committees forming all over the
M
county and other counties as well in opposition. She ended her statement by indicating
the City of Sanger has entered into two situations where they were grossly
misunderstood or that the Council wanted in spite of the objections of the citizens of
Sanger. These CDD's have the right to eminent domain. She continued to ask the City
to research this further and to not pledge the citizens of Sanger to a project that has the
potential to become a nightmare, legally, financially and environmentally.
Linda Hartman, McReynolds Rd., also spoke in opposition of the CDD. Her issues of
concern were in regard to traffic and safety. Another issue was the concern of whether
or not these citizens in this retirement community would vote for a School Bond in the
future if needed. She expressed to the Council that Sanger is a wonderful town, and
she did not want it messed up.
4. Conduct Second 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.
Mayor declared Public Hearing opened.
No Discussion,
Public Hearing closed.
5. Conduct Public Hearing on Designating a Certain Area as the Sanger Tax Abatement
Reinvestment Zone No. 1.
Mayor declared Public Hearing opened.
Mr. Barton expressed same concern in regards to this issue. He indicated that the
bigger you are the more likely you are to get a tax abatement. He did not feel the
abatement should be given to anybody. He continued that Sanger has what it takes to
bring the businesses and they will come without the City giving tax abatements.
Public Hearing closed.
6. Consider and Possible Action Regarding Ordinance #09-16-00 - Designating a Certain
Area as the Sanger Tax Abatement Reinvestment Zone No. 1.
City Manager indicated this Ordinance only includes the land for Walmart.
Mayor read the caption of the Ordinance as follows:
AN ORDINANCE AMENDING THE CODE OF THE CITY OF BANGER, TEXAS (1992),
AS AMENDED, BY DESIGNATING A CERTAIN AREA AS THE BANGER TAX
ABATEMENT REINVESTMENT ZONE NO. 1; PROVIDED THAT THIS ORDINANCE
SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING FOR AN EFFECTIVE DATE
Motion was made by Councilman McNeill to adopt Ordinance #09-16-00. Seconded
by Councilman Waggoner. Motion carried unanimously.
7. Consider and Possible Action Regarding the City of Sanger Guidelines and Criteria
for Tax Abatements to Qualified Commercial/Industrial Projects.
Changes were made on the Guidelines in the first page change 2 million to 20 million
and 50 new jobs to 200 new jobs, and 2 million to twenty million under the eligibility
requirements.
Council decided a date needed to be inserted for the passage, and an approval line for
the Mayor's signature to be attested by the City Secretary.
Motion was made by Councilman Higgs to accept the Guidelines for the Criteria.
Seconded by Councilman Ervin. Motion Carried unanimously.
8. Consider and Possible Action on Request From Parks Board to Use the City Park for
the Christmas Tree Lighting Project; to Allow City Employees to Help With Setting up
the Booths, and Request to Block Streets for the Project and Parade Route.
Jayne Ashcraft,108 David Dr., representing the Parks Board, addressed the Council
requesting to use the City Park on December 2, 2000, which is a Saturday for a craft
show and a lighted Christmas Parade. She indicated they would .like the City
employees to help set up booths. They also requested to close Bolivar Street, 4`h Street
and Elm Street for the day. The funds they raise will go to the Parks Department.
Motion was made by Councilman Waggoner to accept recommendation as presented
by the Parks Board and for City employees to help in setting up the booths. Seconded
by Councilman McNeill. Motion Carried unanimously.
9. Consider and Possible Action on Ordinance #10-19-00 -Amending the Zoning
Regulations of Bl (Business 1) Zoning.
Discussion concerning the zoning and what is allowed in B-1.
One issue discussed was whether specific use permits could be allowed for banks and
nursing homes. As indicated on the zoning ordinance, they are not allowed and that
is why the change in B-1 zoning is being requested.
Motion was made by Councilman McNeill to adopt Ordinance #10-19-00. Seconded
by Councilman Higgs, Motion Carried unanimously.
10. Consider and Possible Action Regarding Budget Amendments.
Discussion regarding the following amendments:
General Fund -Revenues: Change From: Change to:
00-4685 Franchise Fees-EF $130,Ann .00 $90,660.00
00-4750 At Runs Reimb. $167,500.00 $70,000.00
General Fund -Expenditures:
20-6030 Motor Vehicles $21,700.00 $10,850.00
24-5117 Part -Time Salaries $59,430.00 $47,250.00
24-6055 Fire Fighting Equip. $409000.00 $349000.00
28=5345 Lease Equipment $ 89000.00 $ 5,529.00
30=5110 Regular Salaries $179000.00 $ 0.00
30=6035 Street Equipment $20,000.00 $ 0.00
40-6020 Bldg. Improvements $ 3,200.00 $ 0.00
42-6040 Furniture & Fixtures $ 59200.00 $ 29750.00
Enterprise Fund -Revenues:
004110 Water Billing $743,000.00 $760,000.00
00-4120 Sewer Billing $500,000.00 $530,000.00
004140 Electric Income $2,9629000.00 $390221000.00
004160 Penalties Billed $ 609000.00 $ 67,330.00
Enterprise Fund -Expenditures:
50-5358 Water Main &Valves
50=5360 R & M System
58-5350 Franchise Fees
58-5385 Power Purchase
$25,000.00
$709000.00
$1109000.00
$19456,000.00
$15,000.00
3509000.00
3909660.00
$1, 531,000.00
Motion was made by Councilman Waggoner to accept the amendments as listed.
Seconded by Councilman Garza. Motion carried unanimously.
11. Any Other Such Matters.
a) City Manager indicated the building inspector had included some inspection
reports on areas North of town. He indicated Mr. Johnson will be requesting
a zoning change.
Discussion regarding the properties.
b) Councilman Ervin indicated he would like to know more about Ralph Amyx's
drainage problem.
City Secretary reported that the City Engineer will have the cost estimate prior
to the next meeting.
c) Ken Cornell indicated he would like to know more about the recreational park
North of town, and how much the City has put into it and why.
Discussion.
City Manager indicated there were 190 slots for R.V.'s, a swimming pool, and
they have drilled their own water well. The City has power to it, and they will
have an aerobic septic system.
City Secretary indicated the City has spent $46,000.00, and Mr. Hoffman has
paid $11,000.00.
Ken Cornell asked how much impact fees has he paid.
City Manager indicated we do not have impact fees, he indicated also that we
are in the process of trying to annex the property.
Councilman McNeill indicated there was a concern regarding the rate of return
on Electric.
Lengthy
regarding Hoffman's R.V. park.
Rosallie Chavez, City Secretary