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02/22/2005-CC-Minutes-RegularMINUTES: CITY COUNCIL February 22, 2005 PRESENT: Mayor Tommy Kincaid, Councilman Andy Garza, Councilman Mike Lawler, Councilman Jimmy Evans, Councilman Joe Higgs ABSENT: Councilman Glenn Ervin OTHERS PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez, Administrative Secretary Geraline Davis, Water/Waste Water Superintendent Eddie Branham, Michael S. Davis, Liz Springer, John Springer, Shelley Ruland, Woodrow Barton, Don McClure, Mark Hill, Jim Belz, Cecil Vinson, Al Petrasek, Jerry Jenkins, Rusty Patton, Bill and Joyce Fuller, Gayland Howell, Karen Nelson, Mike James, Johnny Looper, Ken Perry, Richard Shaw, C. G. McNeil, Sunny Yeatts, Fred Yeatts, David Pennington 1. Mayor called Meeting to Order, led Invocation and Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes: February 7, 2005 b) Disbursements Councilman Evans moved to Approve the Consent Agenda as presented. Seconded by Councilman Garza. Motion carried unanimously. 3. Citizen's Input. Mike James,1002 Bolivar, commended the Parks staff on the Beautifications and job well done on the sidewalks. Sunny Yeatts, Duck Creek Road, gave a thanks of appreciation to City staff for being respectful. She advised that as the funeral cars came through they stopped and took off their hats in respect. (Mrs. Yeatts family member had passed away.) 4. EXECUTIVE SESSION: In Accordance with Texas Government Code, Subchapter D, Section 551.071(Consuit with City Attorney): a. Sanger Ranch, Ltd. v. City of Sanger Mayor convened City Council into Executive Session at 7:07 p.m. 5. RECONVENE into Regular Session and Consider Action, if Any, on Items Discussed in Executive Session. °� Mayor reconvened City Council into regular session at 8:07 p.m. Councilman Higgs made the motion that Council recheck the proposal by Sanger Ranch. Seconded by Councilman Evans. Motion carried unanimously. 6. Conduct Public Hearing to Consider a zoning request change from Old Single Family 3 (Old SF-3) to Two -Family (2F) Zoning. The Property is Legally Described as OT Sanger, Block 49, Lot 1. Property is Located at 604 Plum Street. Everett Newland withdrew his request. No action taken. 7. Consider and Possible Action to Consider a zoning request change from Old Single Family 3 (Old SF-3) to Two -Family (2F) Zoning. The Property is Legally Described as OT Sanger, Block 49, Lot 1. Property is Located at 604 Plum Street. Everett Newland withdrew his request. No action taken. S. Consider and Possible Action on Rising Star Drainage/Flooding Issues. City Manager advised that he spoke with Commissioner White on Thursday. Commissioner White indicated they have completed the survey and are now working on the plan. City Manager indicated Commissioner White has requested to be on the next agenda. City Manager also contacted the Looper's and advised them of the conversation with Commissioner White. Councilman Evans moved to table this item until the first meeting in March. Seconded by Councilman Garza. Motion carried unanimously. 9. Consider and Possible Action on Sect. 6.02 of the Subdivision Ordinance Regarding Street Improvements. City Secretary explained that this item was requested by Councilman Ervin. Councilman Garza motioned to table this item until the next meeting. Seconded by Councilman Evans. Motion carried unanimously. 10. Consider and Possible Action on Ordinance #02-02-05 -Amending Right of Way Width Requirements. City Secretary explained that this ordinance is an amendment that will put us in compliance with the motion that was made at the last meeting on Streets and Right of Way Widths. 11. 12. Councilman Evans moved to accept Ordinance #02-02-05 - Amending Right of Way Width Requirements. Seconded by Councilman Garza. ORDINANCE 02-02-OS • I iI ! I 1 :1 1 1 1 1' 1 i` 1 '' 1 11 • 1 i� � � � 1 111 !' 11 ' ! 1' 11` r F1 1 11 1 ! 1 Motion carried unanimously. Consider and Possible Action Ordinance # OZ-04-OS -Amending the City of Sanger's Park and Open Space Ordinance. Discussion concerning the Parks Board not wanting to accept the $75,000 in lieu of the playground equipment. Discussion. Staff to contact Parks Board to get clarification. Councilman Evans moved to table this item until next meeting. Seconded by Councilman Higgs. Motion carried unanimously. Consider and Possible Action on Building Permit Fees. City Manager indicated there have been some issues concerning this division in the past. The purpose of the increase is to make sure we are charging prices to cover the inspectors cost and that fees are in line with other cities. City Manager proceeded to discuss recommendations for building permit and inspection fees based on the following chart that was submitted: TYPE BUILDING AREA BUILDING BUILDING (SQFT) PERMIT FEE INSPECTION FEE NEW RESIDENTIAL Any Size $750 Included RESIDENTIAL 1 to 500 sq ft. $200 Included ADDITIONS/ REMODELS >500 sq ft. $.40 / sgft. COMMERCIAL Any Size $.10 / soft. $19000 for 1 to 20 $29000 building commercial inspections; plan review over 20 deposit building required for inspections new projects or will be additions* charged at $50 per inspection. Discussion. Pat Dunlap, building inspector, addressed the Board with the proposed calculation on increases. He expressed this would allow the City to break even on the inspection side and the engineering cost is included in these valuations. Citv Manager indicated that Pat has a nro�ram that will allow us to plug in the numbers and it will automatically calculate the needed amounts. Councilman Evans inquired if the cost of a City hired Building Inspector would be compensated in these amounts. City Manager indicated it would and suggest the amounts could always be changed, if needed, with this program Councilman Garza inquired upon the 5 cities Pat had researched and asked him to read some of the information publicly. Pat Dunlap indicated the survey was with the following cities; City of Oak Point, City of Pilot Point, City of Krugerville, City of Little Elm and The Colony. He gave their fees for building inspections for residential and commercial and comparison to our proposed rate. Lengthy discussion. Pat Dunlap indicated the Plan review fee is to offset professional services such as the engineer and attorney. Councilman Garza inquired if other cities are charging this amount also. Pat Dunlap indicated that several cities are including these fees. The City of Oak Point does but it is predominantly residential and not very much commercial. Discussion. Councilman Evans moved to accept the Building permit fees to go into effect April 1, 2005, Seconded by Councilman Lawler. Motion carried 3-1. Councilman Garza voted no. 13. Consider and Possible Action on Raising the Over 65 Exemption and to allow an Exemption for the Disabled. City Manager addressed the Board with calculations on homestead exemptions. He also discussed allowing a disabled exemption. Councilman Garza indicated he needed clarification on when this would be added into the budget. City Secretary addressed the Board with what other cities are doing in respect to these exemptions. She stated her research has shown that, in Lewisville and other surrounding cities, ranges from $35,000455,000 in exemptions. Discussion. Councilman Evans indicated he would like to know if he was in conflict with voting for this, since his wife is totally disabled. City Secretary and Mayor indicated that his vote would not be in conflict. Councilman Lawler indicated he needed verification on if this program is for the handicap or the disable. He stated both terms had been used and they are totally different in some aspects. City Secretary indicated that anyone considered must be totally disabled and qualify through the CAD requirements. Discussion. Councilman Garza made the motion to accept raising the over 65 Exemption to $30,000 and to allow and raise the Exemption for the Disabled from the $10,000 proposed to $20,000. Seconded by Councilman Higgs. Motion carried 34. Councilman Lawler voted No. 14. Consider and Possible Action on Awarding Bid for Phase I of the Restoration of the Old Sanger Presbyterian Church. There was only one bid submitted: TektOn Building A" I + nCorp. City Manager stated he had spoken to Nel Armstrong and it was understood that City does not want to spend this amount of money on Phase I. He then relayed this to the Architect, Mr. Weiman, who will approach the State. Councilman Garza inquired as to the increases in the bid. Mr. James addressed the Board regarding his bid and the increase in cost from the last bid. Mike James advised the cost of concrete and steel has raised the bid price and the requirements by the architect has made it difficult for him to submit a lower bid. Councilman Garza indicated his concern was the safety of workers and the builders. Mr. James indicated safety would not be a problem because he would remove the steeple first, and then proceed. Discussion. Councilman Garza made motion to deny the bid. Seconded by Councilman Lawler. Motion carried unanimously. 15. Consider and Possible Action on Library Board Appointment. City Manager addressed the Board indicating that Mr. Springer has served his two terms and the Library Board is needing a replacement. The Library Board recommended LeAnn Porter Johnson for this appointment. Councilman Higgs moved to appoint LeAnn Porter Johnson to the Library Board. Seconded be Councilman Garza. Motion carried unanimously. 16. Consider and Possible Action on Ordinance #02-03-OS -Amending Sanitation Rates. Councilman Higgs moved to adopt Ordinance #02-03-05. Seconded by Councilman Higgs. ORDINANCE N0.02-03-OS AN ORDINANCE AMENDING APPENDIX ARTICLE 4.000, SOLID WASTE COLLECTION FEES, IN THE CODE OF ORDINANCES OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, TO PROVIDE FOR A SCHEDULE OF SOLID WASTE COLLECTION RATES; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABHdTY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Motion carried unanimously. 17. Discussion Regarding Proposed Changes to 2F (Two Family) Zoning. City Manager discussed the Attorneys recommendations and if any changes are needing to be made. Council Members agreed. This item to be on a future agenda. 18. Consider and Possible Action Regarding Sewer Main Pro -Rats Reimbursement Agreement. City Manager discussed the oversized sewer line and payment to Mr. Shaw. Mr. Shaw addressed the Board and discussed being reimbursed for running 12" line from Roger Hebert property to where it expanded from a 12" to a 21" line. This is part of the pro-rata; however the pro-rata agreement he received did not reflect the reimbursement from properties who would tie on to this line. City Manager apologized for the misunderstanding stating he would get back with the Lawyer on the Pro -Rats. Lengthy Discussion on Pro -Rats. City Secretary stated funds would be taken from the Sewer Tap Fees to pay for the city's cost to oversize the line. Councilman Garza indicated we need to get a signed agreement from Mr. Shaw stating that he is in agreement with everything. Mr. Shaw indicated he had no problem with that as long as the amounts were right. Discussion. City Manager suggest that we change this item on the next agenda since this does not affect the payment the City needs to make to Mr. Shaw on the over sizing of the line. City Manager will contact City Attorney to get a corrected Pro Rata. Councilman Garza moved to deny this agreement. Motion carried unanimously. 19. Meeting adjourned. Seconded by Councilman Lawler.