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.