09/04/2001-CC-Minutes-RegularMINIUTES: CITY COUNCIL
SEPTEMBER 4, 2001
PRESENT: Mayor Tommy Kincaid, Councilman Joe Higgs, Councilman Jimmy Evans,
Councilman Glenn Ervin, Councilman Andy Garza, Councilman Craig
Waggoner
OTHERS
PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez,
Water/Wastew;ater Superintendent Eddie Branham, Electric Superintendent
Mike Prater, Streets/Parks Superintendent John Henderson, Jay Parr, Jeff
McNeill, C.G. McNeill, Jeff Higgs, Shelley Ruland, Ken Cornell, Woodrow
Barton, Grace Garza
1. Mayor Called Meeting to Order, and led the Invocation, Councilman Evans led the
Pledge of Allegiance.
CONSENT AGENDA
2. a) Approve Minutes: August 16, 2001- workshop
August 20, 2001
b) Disbursements
Councilman Evans moved to approve the Consent Agenda. Councilman Ervin
seconded. Motion carried unanimously.
3. Citizen's Input.
Jay Parr, 124 Southside Dr., Indicated when the R.V. Park was put next to the
restaurant it was talked about that it would be new Recreational Vehicles. Currently
there are fifth wheels and used cars. He indicated he would like it investigated. He also
asked about the Single Family residence in his neighborhood that was being used as a
duplex.
City Manager indicated the owner of the Single Family residence has been issued a
citation, and the City will continue to issue citations until the situation is resolved. He
indicated on the R.V. lot that the zoning allows for car sales, and they received a
specific use permit for the motor homes.
4. Discuss Tax Rate; Take Record Vote; Schedule Public Hearing on Tax Rate.
The tax rate was discussed.
City Secretary indicated that previously Council had agreed to go to the rollback rate
of .58879.
City Secretary indicated the Public Hearing will be scheduled on September 24, 2001.
The notice will go to the newspaper this week.
Discussion.
Councilman Ervin moved to raise the rate to the rollback rate of .58879 and to schedule
the Public HeariHig our; September 17, 2001. Councilman Evans seconded. Motion
carried unanimously.
5. Conduct Second Public Hearing for Annexation of Properties legally described as
follows:
ABSTRACT 1241, H. TIERWESTER SURVEY, TRACT 57A, BEING 1.86 ACRES
SITUATED ON THE NORTH SIDE OF FM 455. (Acct. #R184931)
ITUATED ON THE t. UTH SIDE OF BELZ RD.
Public Hearing opened.
No Discussion.
Public Hearing closed.
6. Consider and Possible Action on Ordinance #09-17-01 -Regarding the Texas
Manufactured Housing Standards Act.
City Manager indicated ti�at manufactured homes after 1976 are now HUD -Code
Manufactured Homes., and as long as they meet the standards of the zoning of single
family, the City cannot prohibit them in a subdivision. This ordinance will allow the
City to prohibit these ]homes in a regular subdivision.
Brief Discussion.
Councilman Higgs moved to approve Ordinance #09-17-01. Councilman Garza
seconded. Motion carried unanimously.
Caption as follows:
AN ORDINANCE PI�:OHIBITING THE INSTALLATION OF MOBILE HOMES
WITHIN THE CITY OF BANGER AND REQUIRING A PERMIT FOR THE
CONSTRUCTION OF, ADDITION TO OR EXTENSION OF A HUD CODE
MANUFACTURED HOME PARK AND REQUIRING A LICENSE TO OPERATE
A HUD CODE MANUFACTURED HOME PARK AND SETTING FORTH THE
SITE REQUIREMENTS, HUD CODE MANUFACTURED HOME PARK
STANDARDS AND OTHER PREREQUISITES TO THE ISSUANCE OF A PERMIT
OR LICENSE. PROVIDING DEFINITIONS, AND PRESCRIBING REGULATIONS
FOR MANAGEMENrr OF HUD CODE MANUFACTURED HOME PARKS, AND
PROVIDING FOR. NONCONFORMING HUD CODE MANUFACTURED HOME
PARKS AND PROVIDING FEES, AND CONTAINING PENALTIES FOR THE
VIOLATION OF THIS ORDINANCE AND CONTAINING A SEVERABILITY
CLAUSE,
7. Consider "Ald Possible Action on the Sanger LS.D. Water Line.
Mayor indicated th%; difference between the 12 line and the 16 line is $559 162.00.
The City agreed to pay for the oversize of the line.
City Manager indicated the first estimate was $841000.00.
Councilman Higgs moved to oversize the line. Councilman Garza seconded. Motion
carried unanimously.
Councilman Waggoner moved to amend the motion that this be expensed out of the
water tap fees. Councilman Ervin seconded. Motion carried unanimously.
8. Consider and Possible Action on Final Plat for Porter Addition. (F &MBank)
Discussion regarding the plat.
City Manager indicated staff did not realize it needed to be platted, and a permit was
issued. The building was in process when the plat was requested.
Discussed corrections noted by P & Z, the corrections were relating to the General
Notes and the utilities.
Councilman Higgs asked about the driveway permit from TXDOT.
City Manager indicated the permit had been obtained.
Councilman Ervin moved to approve the plat. Councilman Waggoner seconded.
Motion carried :� to ?„ Councilman Higgs and Councilman Garza voted no.
9. Consider and Possible Action on Final Plat for Sanger Industrial Park Lot 1, Block B.
Property is Located at the Corner of F.M. 455 and Fifth Street.
City Manager indicated Mark Owens had submitted a letter in response to Mark Hill's
review letter adds°easing all items.
Councilman Garza asked about the Electric Service and who would serve it.
Staff indicated it would be Sanger Electric, and the plat has been corrected.
Discussion regarding the review letter and the plat.
11.
12.
Milce Prater indicated he needed an easement for the electric service.
Discussion regarding t:he easement.
Councilman Waggesner moved to approve the Plat. Councilman Evans seconded.
Motion carried unalaicnously. Councilman Higgs abstained.
Consider and Possible Action on Appointment to the Library Board.
Recommendation vvaUS made to appoint Francine Sullivan.
Councilman Ervin nAVYV Ve to appoint Francine Sullivan. Councilman Evans seconded.
Motion carried unataicmusly.
Consider and Posyiblle Action on Ordinance #09-18-01-Amending Demand Charges.
City Manger indicat�ec.�� this was the demand charge that Mike Prater had discussed at
the last meeting.
Councilman Evans cn.oved to approve Ordinance #09-18-01. Councilman Garza
seconded. Motion carried unanimously.
Caption as follows:
AN ORDINANCIE OF TIIE CITY OI+' BANGER, DENTON COUNTY, TEXAS,
AMENDING CHAPTER 119 ARTICLE 11.800 AND APPENDIX ARTICLE 27.1039
OF THE CITY OF SANGER CODE OF ORDINANCES; AND PROVIDING FOR
THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; AND, PROVIDING FOR AN EFFECTIVE DATE.
Consider and Possible Action on Ordinance 09-19-01-Amending Commercial Water
Rate.
Councilman Evans mioved to approve Ordinance 4409-19-01. Councilman Ervin
seconded.
Councilman Higgs e:ctiressed concerns regarding raising the commercial water rate.
Discussion regarding if there should be a difference between residential and
commercial rates.
Discussed the rates for commercial sewer.
Continued diL scissian on the proposed increase.
Motion carried 5 #0 1, Councilman Riggs voted no.
Caption 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 CLAUS. ,o AND PROVIDING FOR AN EFFECTIVE DATE.
13. Consider and Possible Action on Proposed Collection Fee of 30% to Possibly be Added
to Collection Contracts for Municipal Court Fines.
Mayor indicated the new legislation allows for this 30% to be collected instead of being
taken from the amount of the fine collected.
Councilman Ervin moved to have the 30% collection fee added to the collection
contracts for Municipal Court. Councilman Evans seconded. Motion carried
unanimously.
14. Consider and Possible Action Regarding Water and Sewer Line Repair in Mobile
Home Parks/Private Property.
Councilman Garza asked why this was on the Agenda.
City Manager indicated one of the Council members asked why the City was repairing
lines in the mobile home park.
Councilman Garza asl�ed if they were in the easement.
City Manger indicated they were in the easement; however, these lines were not
installed by the City and are not the standard size the City uses. He is asking for
direction on if the City should make the repairs and if the City should be paying for the
parts to make the repairs.
Discussion regarding the lines and what has been done in the past.
Consensus of Council was that the lines are the City's and they will continue to repair
them.
City Secretary indic,�ted the easements are there for both mobile home parks, so in the
future, if Mariam's l�Iobile Home Park asks for repair of the lines the City will have
to repair them too.
Council agreed.
Discussion regarding street repairs after the water repairs are done.
Council indicated if the line is in the easement and the City cuts the street the City will
have to repair the street,
15. Consider and Possible Action on Councilmen attending the TML Conference in
November.
City Secretary indicated this was November 28-30, 2001.
Councilman Evans indicated he could not attend but did not mind if Councilman Ervin
attended. He indicated Councilman Ervin had brought him some tapes from the last
conference and they were very good.
Councilman Garza ir�rtl�.icated he felt that one meeting a year should be efficient for each
Council member.
Councilman .Erwin ix�r�licated he would not attend this meeting; however, he felt that
every Council member should attend these meetings. They address a lot of the issues
that the Council has to deal with and will help them make better decisions.
City Secretary indicated she attends the legislative update seminars and gets a lot of the
updated information. She indicated she would like the Council to attend the seminars
that are not too far ewivay, so that they can get the updated information also. This
would possibly allow Council to bring back information that could have been missed
at the seminars she lxas attended.
Councilman Erwi�q indlicated he normally spends his own money to bring back tapes
and other materials to share with the other Council members.
Councilman Ev:�ns mowed to allow any member who wants to, to be allowed to attend.
Councilman Higgs seconded. Motion carried 3 to 2. Councilman Ervin and
Councilman Garza voted no.
16. Any Other Such Matters.
A) City Manger gave Council a copy of the letter from Upper Trinity regarding a
Water Conservation ��afl•den.
Mayor indicated this should be discussed with tine Beautification Board.
17. Meeting Adjourned.
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