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03/19/2001-CC-Minutes-RegularMINIUTES: CITY COUNCIL MARCH 19, 2001 PROSENT: Mayor Tommy Kincaid, Councilman Carroll McNeill, Councilman, Councilman Andy Garza, Councilman Joe Higgs, Councilman Craig Waggoner OTHERS PRUSENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez, Administrative Assistant Samantha Renz, Electric Superintendent Mike Prater, Streets Supervisor John Henderson, Billing Clerk Esmeralda Wilkerson, Auditor Bill Spore, Jerry Jenkins, Fred Yeatts, Dannie Lynch, Woodrow Barton, Ralph Cain, Jack & Billye Hollingsworth, Virgil Ward, Terry & Trish Linville, Alice Madden, Marvin Perkins, Christy Kesseler, Jay Parr, Chris Bengston, Deborah Dirickson, Betty Robinson, Emilio Villareal, Steven Frank, Tom Beeman, Charled Keeseler, Stephen Pace, Melanie & John Miller, Pat Miller, Rick Goldstein, Shelley Ruland, Tim Huya, Kenneth Minhinnet, John Porter, Fred Gossett, Grace Garza 1. Mayor called meeting to order and led the Invocation, followed by Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes: March 5, 2001 February 12, 2001- Workshop b) Disbursements Councilman Ervin moved to approve the Consent Agenda as presented, Councilman Waggoner seconded. Motion carried unanimously. 3. Citizen's Input. Patricia Miller, 502 Oalc St., asked about a possible drainage ditch put by her house to help control drainage. Mayor indicated they will have someone look at it. Chris Bengston, 410 Bolivar St., owner of Radio Shacic, indicated she was speaking for several of the downtown business owners. Indicated they were all terribly unhappy with the way the filming went this week. They feel they should have been notified and compensated. The people did not have access to their businesses. Her customers told her they had to walls three blocks, and others indicated they could not drive down to their destination. She asked what the City received, and if this would cover the cost to repair the park. Mayor indicated the City received $4,000.00., and all businesses should have received a letter to keep track of what they felt they lost because of the filming and they would be compensated. Discussion. Mayor indicated each business should write down their losses, and present a bill to them. Mayor indicated this would be handled differently in the future. Jay Strickland, expressed concerns regarding the drainage on Oak St. John Henderson indicated he lives on 7th and Church, and the problem is that when the houses were built they should have been built a foot higher than the street, the street problem has been there for several years, they want to put a base on the street. They will be coming through with asphalt as soon as the water and sewer lines are completed. He will see if he can get a flow line through there. Richard Perry, also addressed the filming issue. He indicated what he was told is not what happened. He indicated he was told filming would occur 2 minutes at a time, there might be a fifteen minute delay, This was not the case. Woodrow Barton,1307101.7th, indicated there is a problem in Sanger, especially for the people who buy electricity in Sanger. The profit that is made on electricity is moved over to the General fund to pay for streets, etc. There are people who do not pay Sanger Electric. The people who have CoSery are not paying the same as the people who have Sanger Electric, 4. Presentation by the Keep Sanger Beautiful Board. Alice Madden,112 Kathryn, representing the Keep Sanger Beautiful Board, discussed the crepe myrtle prof ect. She also addressed the grant from the Denton Benefit League. She indicated in February they recognized Arbor Day with 5th graders, and sent posters to the State competition. This month they did receive word that the grant was issued, and the rock walls at the park will have to be completed by August 31, 2001. Also in April they will have the Great Texas Trash Off, and hope everyone will participate. They also will have a spring crepe myrtle blitz, hoping to have a thousand in Sanger within the next three years. In May they will enter their scrap book into the Governor's Community Achievement program. 3. Conduct Public Hearing to Consider a Replat of Lot 4, Block 3 of the Hampton Addition. Property is located on the corner of Church St. and Seventh St. Public Hearing opened. Melanie and John Miller, 514 Oak St., indicated they were requesting to Replat the lot to build a house. They already have the house plans. The house will be facing 7th Street. Planning and Zoning recommended approval. Discussed size of the home. Discussed setbacks. Public Hearing closed. 4. Consider and Possible Action Regarding Replat of Lot 4, Block 3 of the Hampton Addition. Property is located on the corner of Church St. and Seventh St. Councilman Higgs moved to accept the variance and Replat. Councilman Ervin seconded. Motion carried unanimously. 5. Consider and Possible Action Regarding a Zoning Change from B2 (Business 2) to SF3 (Single Family 3)on property legally described as Abstract 1241 H. Tierwester Survey, Part of Tract 118 being 18 acres to be used for Residential. Property is located on FM 455 and Keaton Road. (Serendipity) Fred Gosset, 3625 Serendipity Hills Trail in Corinth, indicated they were here several weeks ago, in the discussion there were some ideas, and after the meeting they reconfigured the plans, and made some changes to address the concerns that they had. They opened up the street from Keaton to Acker in order to address the traffic problem. They proposed that the lots be at least 68 feet in width, and no lots will be under 8,000 square feet. Mayor asked if there was a restriction on the home size. Mr. Gossett indicated he would bring deed restrictions with the plat. Discussed the size of the home, the minimum will be 1325 square feet. Mr. Gossett indicated that normally there is a variance request for sidewalks. It appears to him there will need to be sidewalks, they would also like to put in a speed bump. There was some discussion concerning drainage, and they would address those issues. He has a letter from Brian Burke, his engineer, referencing the storm drainage. He read the letter. Councilman McNeill indicated they were only addressing zoning; however, he didn't like the 27 ft. street. Mr. Gossett indicated they would change the street to 31 ft. el Councilman Higgs asked if they would build a fence along the rear of the property. Mr. Gosset indicated they would. Councilman Garza moved to approve the change. Councilman McNeill seconded. Motion carried unanimously. 6. Conduct Public Hearing to Consider a Zoning Request Change from Bl (Business 1) to B2 (Business 2) on property legally described as Abstract 1241 H. Tierwester Survey, tract 222. Property is located at 1200 Stemmons Frwy. Steve Pace, Denton TX, indicated next to the restaurant on Stemmons they would like to put in a recreational vehicle sales lot. He showed a layout of the plan. Discussion regarding the plan. This will generate tax revenue for the city. Mr. Pace indicated this will be a daytime business. It should not bother the residents at night. Discussed the parking area. Mr. pace indicated he intended to put flex base and rock. Discussion. Public Hearing closed. 7. Consider and Possible Action Regarding a Zoning Request Change from B1 (Business 1) to B2 (Business 2) on property legally described as Abstract 1241 H. Tierwester Survey, tract 222. Property is located at 1200 Stemmons Frwy. Brief Discussion. Councilman McNeill moved to approve the zoning request. Councilman Ervin seconded. Motion carried unanimously. 8. Consider and Possible Action Regarding the Closure of Bolivar Street in Exchange for Various Roadway and Safety Improvements, Presented by Tim Huy". Tim Huya, Burlington Northern Santa Fe Railroad, indicated they work on improvements, etc.. they are looking at Bolivar St. for improvements of lights and gates. They would consider using the funds for alternate routes. They would like to make the proposal, meet with others in the community, and discuss the possibilities. If they choose not to close the crossing it will get lights and gates. Mr. Huya explained that they would ask the city to estimate the improvements, make the improvements, and submit a bill for reimbursement. Mr. Huya also indicated they would give the city ten thousand dollars on top of the improvements to use where they want. Basically, the lights and gates would cost more than the improvements, so if they don't want the improvements the lights and gates will go in. Mayor indicated he did not like to see roads closed. He felt it would cause problems for EMS and/or fire protection. There are a lot of reasons they would prefer to not close Bolivar St. Councilman McNein indicated he felt it should not be closed. Councilman Garza and Councilman Ervin agreed. Consensus of Council to not close the road. 9. Conduct Public Hearing to Consider a Zoning Request Change from SF3 (Single Family 3) to 2F (Two Family) on property Legally Described as Sanger South, Block 2, Lot 13. Property is Located at 125 Southside Drive, Public Hearing opened. Dannie Lynch,125 Southside, indicated he was issued a permit 12 months ago to build a separate unit on his lot. He finished the unit, and then received a letter stating that he was in non conformance. Mayor asked what the purpose of the unit was. Mr. Lynch indicated he built the unit to rent out. Mayor indicated he was under the impression this was built for his mother. Mr. Lynch indicated that was never his intention. ayor indicated if this was not his intention, the i Mssuance of the permit was illegal, and it should have been zoned at that time. Councilman McNeill asked about the plans submitted, and indicated they did not have a kitchen. Mr. Lynch indicated he submitted plans with a kitchen. Discussion. Councilman McNeill indicated there were many of the neighbors that disapproved. Discussion regarding the issuance of the permit. City Manager indicated the building was not a problem, renting the unit makes it illegal. Mr. McNeill indicated he had to vote no, because he wanted to go with the neighbors. Discussion. Councilman Waggoner asked if he did not realize he needed to be in different zoning for a duplex. Mr. Lynch indicated he asked Mr. Hagemann and was told it would not be a problem. Steven Frank, 21fl Southside, indicated he had a petition form 21 of the neighbors , they do not want it re••zoned. Betty Robinson, 126 Southside, indicated she had been there since 19799 her biggest question is how did it get this far without it coming up. She felt they should put themselves in his place. Public Hearing closed. 10. Consider and Possible action Regarding a Zoning Request Change from SF3 (Single Family 3) to 2F (Two Family) on property Legally Described as Sanger South, Block 2, Lot 13. Property is Located at 125 Southside Drive, Councilman Garza asl�ed what the alternatives are. Will he have to tear it down. City Manager indicated the building is not a problem, as long as he doesn't rent it. Keith Shugart, spoke in opposition , indicated he did not want it sold as a duplex. Mayor indicated it could not be sold as a duplex if the zoning's not changed. Councilman Waggoner asked the property owners if they were aware he was going to rent it. Mr. Frank indicated he was against this from day one. Lengthy discussion regarding the request. Councilman Ervin moved to deny the request. Councilman Mclo1ei11 seconded. Motion carried unanimously. 11. Consider and Possible Action Regarding Ordinance #03-04-01- Amending Electric Rates. Bill Spore, Auditor, indicated he and Rose had looked at the budget and determined what revenues they need to generate to match the budget. Based on that they need to raise the rates by .014 cents per KWH. This should be structured as .006 in the base amount, and .008 in the energy charge. Discussed numbers to be put into ordinance, they are as follows: A. facilities charge $9.00 .0776163 for the energy charge B. facilities charge $15.00 .081696 for the energy charge C'• $54.00 for first 6 KW $9.00 per KW .037705 for the energy charge Minimum Bill $54.00 Discussion regarding the demand rate charges, and how it works. Add to the ordinance that the base rate will be .04025 with a variable PCA Factor. Mayor read caption as follows: AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING CHAPTER 119 ARTICLE 11.800 AND APPENDIX ARTICLE 27.101, ARTICLE 27.102, AND ARTICLE 27.103 OF THE CITY OF SANGER CODE OF ORDINANCES; AND PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUS E ; AND, PROVIDING FOR AN EFFECTIVE DATE, Councilman McNeill moved to adopt Ordinance #03-04-01 with the following rates: A. facilities charge $9.00 .0776163 for the energy charge B. facilities charge $15.00 .081696 for the energy charge C'• $54.00 for first 6 KW $9.00 per KW .037705 for the energy charge Minimum Bill $54.00 Councilman Waggoner seconded. Motion carried 5 to 1, Councilman Ervin voted no. 14. Consider and Possible Action Regarding Appointment of Election Judge and Alternate. Ginger Burt will be the judge, and she can appoint her alternate. She will have one judge, and can appoint her• alternate. Councilman Ervin ino��ed to appoint Ginger Burt as the Election Judge, Councilman Garza seconded. Motion carried unanimously. 15. Consider and Possible Action on Awarding the Bank Depository Bid. Councilman Ervin mowed to award the bid to GNB, Councilman McNeill seconded. Motion carried unanimously. 16. Consider and Possible Action Regarding Proposed Budget Amendments to FY 2000/2001 Annual Budget, City Secretary indicated these amendments will not change the bottom line of the budget. This is moving money from one line to another. Councilman Waggoner moved to approve the amendments, Councilman Garza seconded. Motion carried unanimously. Amendments are as follows: 50-5120 +$5,000.00 52-5260—$5,000.00 50-5250—$1,000.00 58-5250 +572.00 58-5345—5`72.00 17. Consider and Possible Action Regarding Proclamation #03-01-01 -Designating April 2001 as Sexual Assault Awareness Month. Mayor declared the proclamation 03-01-Ol --designating April 2001 as Sexual Assault Awareness Month. 18. Any Other Such Matters. a) City Secretary gave updates on Heritage West and Hoffman RV Park, and a copy of the fees waived for the school. b) Rose talked to Craig Snider about the Pro-Rata agreement. They gave them the land, the city built the lift station, and there shouldn't be a pro-rata agreement. Discussion. c) Mike .Prater asked about small commercial vs. large commercial regarding demand charges. Discussion. 19. Meeting Adjourned. AT ST: Rosalie Chavi i '0 umy Kincaid