11/05/2001-CC-Minutes-RegularMINUTES: CITY COUNCIL,
NOVEMBER 5, 2001
PRESENT: Mayor Tommy Kincaid, Councilman Joe Higgs, Councilman Craig Waggoner,
Councilman Andy Garza, Councilman Jimmy Evans
ABSENT: Councilman Glenn Ervin
OTHERS
PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez,
Water/Wastewater Superintendent Eddie Branham, Code Enforcement Officer
Ken Wilson, Police Chief Curtis Amyx, Streets/Parks Superintendent John
Henderson, Doug Markley, Linda Guerrero, Ramon Guerrero, Michael Ange,
Cheryl Ange, JoNell Carter, Patsy Urban, Sheila Bowles, Gary Bowles, Gloria
Keen, Ralph Cain, Polly Dwyer, Joey Copeland, Shelley Ruland, Duncan
Holliman, Grace Garza
1. Mayor Called Meeting to Order, Councilman Garza led the Invocation, followed by
the Pledge of Allegiance.
CONSENT AGENDA
2. a) Approve Minutes: October 15, 2001
b) Disbursements
Councilman Higgs moved to accept the Consent Agenda, Councilman Garza seconded.
Motion Carried unanimously.
3. Citizen's Input.
None.
4. Consider and Possible Action Regarding a Preliminary Plat Quail Run, Being 82.439
acres in the M. Burleson Survey, Abstract 71, the McKinney and Williams Survey,
Abstract 940, F. Jaime Survey, Abstract 664 and the W. Hudson Survey, Abstract 562.
The property is located on Cowling Road.
City Manger Indicated that Planning and Zoning denied the plat because they were
requesting asphalt streets, and they had not complied with the Park ordinance.
Councilman Higgs asked if the Planning and Zoning had asked the developers to
consider concrete streets.
City Manager indicated the developers were not present at the meeting.
Councilman Higgs moved to deny the Preliminary Plat. Councilman Garza seconded,
Motion Carried unanimously.
5. Consider and Possible Action Regarding a Final Plat for Eagle Park Addition, Phase
1, Block B Lots 1 & 2, Being 2.34 acres in the Henry Tierwester Survey Survey,
Abstract 1241. Property is located on Acker Street.
City Manager indicated this is a Final Plat and the Preliminary Plat came in with
Serendipity Place, the plat was approved by Planning and Zoning with the stipulation
that there be a form of detention to satisfy the City Engineer.
Discussion regarding the location and the surrounding lots.
Councilman Higgs moved to approve the final Plat based on the recommendation of the
Planning and Zoning Commission that the approval be contingent upon some form of
detention being put in place and on the plat to satisfy the City Engineer. Councilman
Garza seconded. Motion carried unanimously.
6. Conduct First Public Hearing on Proposed Annexation of the Following Properties:
ABSTRACT 29, R. BEBEE SURVEY, TRACT 67, BEING 63.5 ACRES, LOCATED EAST
ON F.M. 455,
ABSTRACT 29, R. BEBEE SURVEY, TRACT 68, BEING 66.5 ACRES, LOCATED EAST
ON F.M. 455.
ABSTRACT 29, R. BEBEE SURVEY, TRACT 64, BEING 134.64 ACR4ES, LOCATED
EAST ON F.M. 455. (SABLE)
MEADOWLANDS ADDITION, LOTS 1 THRU 14. (JENNIFER CIRCLE)
ONE MILE WEST ON F.M. 455 R.O.W.
ONE MILE EAST ON F.M. 455 R.O.W.
ONE MILE NORTH ON IH-35 R.O.W.
Mayor opened the Public Hearing.
Doug Markley,11466Jenn040
er Circle, indicated there are not any city services that can
be offered to them that they do not already have, in addition this will increase the taxes,
and cause undue financial hardship on the residents and offer them nothing in return.
He indicated they have made expensive improvements to be able to have their
independence. He indicated that some of the families in the area have not been notified
and he felt the notices should be sent out certified mail. He indicated there should have
been a three year notice sent out as required by the 1999 legislation, and also requested
that the vote be done in open session so that they will know who and who not to support
in the next election.
Sheila Bowles, homeowner in the Meadowlands Addition, indicated she was also
opposed to the annexation of the Meadowlands Addition. She indicated she has been
a homeowner in the Meadowlands Addition for the past ten (10) years, and enjoys the
freedom that she has living outside the City Limits, and wishes to continue living
outside the City Limits. She indicated she would like to hear a long list of things the
City could offer her for her tax dollars if she were annexed.
Duncan Holliman, 3425 Belz Road, indicated he lived in the same subdivision and
agreed with the previous two speakers, and asked how they would benefit from the
annexation.
Mayor indicated the service plan will be provided as the procedure goes forward. The
City has two years, from the date of request, to make City services available to the
residents once they are annexed.
Ramon Guerrero,11493 Jennifer Circle, also spoke in opposition of the annexation.
JoNell Carter indicated she and her husband have lived in Meadowlands Addition for
5 years, and indicated they did not need city services, and this would raise their taxes
considerably. She agreed with the other residents who were opposed to the annexation.
Mike Ange,11307 Jennifer Circle, also spoke in opposition of the proposed annexation.
He indicated they moved from Boston, and indicated they wanted to live in the country.
They are already set up with their services, so the City coming in with services would
be a waste of money. He felt they would pursue this, legally if necessary.
Gary Bowles, 11473 Jennifer Circle, also spoke in opposition of the request. He
indicated they like it in the country and would not like restrictions put upon them. He
did not want to be under city regulations, and they already have all the services they
need. He did not feel the City could offer them anything.
Linda Guerrero, 11493 Jennifer Circle, indicated when they came to Sanger they
wanted a country atmosphere, and felt they have everything they need already. The
property taxes are increasing already, and this will add additional tax, and cause undue
burden on the residents.
Joey Copeland, 3892 Grimley Lane, indicated he was contacted by some of the residents
of Meadowlands Addition, and knew the City Council was opposed to spot zoning;
however, felt this was spot annexation.
Mayor indicated the surrounding area has already been annexed.
Discussed location of Meadowlands Addition and the surrounding annexed area.
Mr. Copeland indicated that any annexation by a municipality has to give a three year
notice before annexation can take place.
Mayor indicated he was not aware of that, and if he had documentation he could give
it to the City Secretary for her to verify.
Discussion regarding the required annexation plan and the residents opposition to the
annexation.
Public Hearing closed.
7. Consider and Possible Action on Ordinance #11-29-01- Allowing fora Closing Date on
Building Permits,
Code Enforcement Officer cated there were a couple of houses that have been
started in town and not completed. These houses are not on the tax roll. Most towns
carry a time limit similar to the interim loan on the house. This time limit will fit with
that.
Discussion regarding the Ordinance.
Councilman Garza indicated he did not feel the builder should be forced to finish in a
certain amount of time. If there is a problem such as high weeds, it should be taken
care of. He was not sure of the purpose of this ordinance. He asked what will happen
if they do not finish in the given time.
Ken Wilson indicated they will have to get a new permit.
Discussion regarding the ordinance.
Mayor indicated he would like to see what other cities are doing before they pass the
ordinance.
Item tabled.
8. Consider and Possible Action on Ordinance #11-30-01-Amending the Juvenile Curfew.
Item tabled.
9. Consider and Possible Action on Nominee for the Denton Central Appraisal District
Review Board.
Discussion regarding the nomination.
Councilman Higgs nominated J.B. Haider.
Carried unanimously.
Councilman Garza seconded. Motion
10. Consider and Possible Action on Resolution #11-07-01-Casting Votes for a Candidate
to the Board of Directors of the Denton Central Appraisal District.
City Secretary indicated that Sanger has seven (7) votes, and they should probably go
to one (1) person.
Councilman Waggoner moved to cast all votes for Shirley Haider, Councilman Garza
seconded. Motion Carried unanimously.
110 Consider and Possible Action on Ordinance #11-31-01-A1"ending the Metal Building
Ordinance.
Mayor indicated he agreed with brick or some substitute for the front of the building.
He felt that if it was on a corner street the side should be 50% material other than
metal.
Mayor felt that the brick requirements were keeping some businesses from coming to
Sanger.
Ken Wilson indicated he felt the addressed side should be bricked in I-1 and I-2.
Discussion continued.
Councilman Higgs felt that I-1 and I-2 should be taken out of the ordinance.
Councilman Waggoner indicated it should be approached from the zoning aspect. That
in a residential area the buildings should be bricked, in Industrial they should be
allowed to build metal buildings, and so forth.
Council asked staff to put together an ordinance and bring it back to the Council.
12. Consider and Possible Action on Awarding Vehicle and Excavator Bids.
Bids received were as follows:
Police Cars $39,067.78 ($19,533.89 each)
Truck for Animal Control
Excavaor
t
$24,700.00
$25,870.00
$18,785.99
Future Equipment
Darr Rental Co.
Jim McNatt
Jim McNatt
Mike Prater addressed the bids on the excavator, he indicated they put both excavators
down at the yard at the same time and had them both operating at the same time. The
low bid actually does a better job. He discussed it with the City Mechanic and they
agreed that the low bid was the best one. This also comes with a two (2) year warranty.
Mayor asked about parts availability.
Mike Prater indicated the parts will come out of Oklahoma, and he has been assured
there will not be a problem getting parts.
Discussion regarding the pick up for Animal Control,
City Mechanic indicated the bids are competitive in the market.
Brief Discussion.
City Secretary indicated the Resolution for the Police cars and the Pick up will be
brought to the Council in December for financing.
Councilman Waggoner moved to accept the low bid for the police car of $399067.789 and
the truck for Animal Control at $18,785.99, and the bid from Future Equipment on the
Excavator for $24,700.00. Councilman Higgs seconded. Motion Carried unanimously.
13. Any Other Such Matters.
a) City Manager indicated there will be a meeting with Cynthia White at 2:00 on
Thursday to discuss the road to the School.
14. Meeting Adjourn.
ATTEST:
Mayor Tommy Kincaid
Rosalie Chavez, City Secretary