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03/07/2005-CC-Minutes-RegularMIlVUTES: CITY COUNCIL March 7, 2005 PRESENT: Mayor Tammy Kincaid, Councilman Andy Garza, Councilman Mike Lawler, Councilman Jimmy Evans, Councilman Joe Higgs, 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, Streets/Parks Superintendent John Henderson, Woodrow Barton, Ramon Salinas, Ken Perry, Dale Chegwidden, Liz Springer, Scott Norris, C.G. McNeilI, Bill Fuller, Kathy Floyd, Michael S. Davis, Joe Smith 1. The Mayor called Meeting to Order, Councilman Lawler led Invocation and Councilman Ervin led Pledge of Allegiance. CONSENT AGENDA Approve Minutes. February 22, 2005 - b) Disbursements - Councilman Evans moved to accept the minutes. Seconded by Councilman Higgs: 3. Citizen's Input, Dale Chadwick, President of Sanger Summer League; addressed the Council with an update on Railroad Park. Concession ' stand and fields are complete. April 9m 2005 is opening day at 9.00' a.m. and City Council and the public are invited. 4. Consider and Possible Action on,, Sect. 6.02 of the Subdivision Ordinance Regarding Street Improvements. _ Councilman Ervin expressed concerns regarding the streets in the City. He felt the subdivision ordinances`should be followed, and the perimeter improvements should be required. City Manager indicated he would get with the City engineer and other departments to ensure everyone is aware of the ordinance and make sure aII developers comply. Discussion. No action taken. 5. Consider and Possible' Action Regarding Ordinance # 02-O4-05 - Amending the City of Sanger's Park and Open Space Requirements. City Secretary addressed the Council and gave clarification in regards to the $75,900.00 that was discussed atthe last City CounciImeeting concerning the Parks Board's. recommendation. Councilman Ervin inquired if the Parks Board had received the other cities' ordinances on Parks/Playground for subdivisions. City Secretary indicated they received the same information that the Council received. Discussion. Councilman Higgs moved to adapt Ordinance #03-04-OS - Amending the City of Sanger's Parks and Open Space Requirements. ORDINANCE 03-04-OS THAT CHAPTER 10, SECTION 6.18 "PARK; OPEN SPACE; RECREATION AREAS, & PUBLIC USE DEDICATION" OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, IS HEREBYA.MENDED BYADDING SUBSECTIONLPLAYGROUND REQUIREMENTS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDINGA SEVERABILITY CLAUSE; PROVIDINGFORAPENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. Motion was seconded by Councilman Evans. Motion Carried 4-1. Ervin voted No. 6. Consider and Possible Action Regarding Sewer Main Pro-Rata Reimbursement Agreement. City Manager discussed the $52,037.00 owed to Mr. Shaw by the City of Sanger, for the over sizing of the sewer line from a 12" to a 21 ". City Manager also advised that this money would be taken from Sewer Tap Fee Capital Fund. �y Lengthy discussion followed. City Manager advised that he will contact Mr. Shaw and get the correct information for the pro rata in regards to other development connecting to the line. Councilman Garza moved to. reimburse Mr. Shaw $52,037.00. Seconded by Councilman Higgs. Motion carried unanimously. 7. Consider and Possible Action on Adopting Building Permit Ordinance #03-05-05. City Manager and City Secretary addressed the Council on the adoption of ordinance for 03- 05=05. She indicated these fees were adopted at -.the last City Council meeting, but the ordinance still needs to be adopted, and the fees do not go into effect until April 1, 2005. Councilman Evans moved to adopt Ordinance #03-05-05 -Amending Building Permit Fees. Caption as follows: AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING CHAPTER 3, ARTICLE 3.200, AND APPENDIX ARTICLE 2.Op0(a), OF THE CITY OF SANDER CODE OF ORDINANCES; AND PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDINGA SEVERABILITY CLAUSE; AND, PROVIDING FOR AN EFFECTIVE DATE. Motion seconded by _Councilman Higgs. Motion carried 3-2. Councilman Garza and Couricihnan Ervin voted No. 8. Consider and Possible Action on the Feasibility Study for the Development of a Municipal Golf Course. Discussion regarding the study. Councilman Garza moved to abolish the Feasibility Study for the Development of a Municipal Golf Course. Motion seconded by Councilman Ervin. Motion carried unanimously. 9. Consider and Possible Action on the Appointment of Election Judges. City Secretary addressed the Council with a nomination of Polly Dwyer as Election Judge, Nel Armstrong as alternate judge, with two clerks working in shifts. Glen Ervin moved to appoint Polly Dwyer as Election Judge and Net Armstrong as alternate. Motion was seconded by Councilman Lawler. Motion carried unanimously. 10. Consider and Possible Action on Resolution No. 03-01-05 for Setting Date, Time and Place for Public Hearing on Proposed Annexations. A. Abstract 1241 Tierwester Survey, Tract 2, Being 103.99 Acres, Old. Denton County Appraisal District Sheet 6, Tract 1. B. Abstract 725 S.F. Lynch Survey, Tract 13A, Being 15.6924 Acres, Old Denton County Appraisal District Tract 2C. City Manager indicated the attached map showed the acreage for annexation. Councilman Garza moved to adapt Resolution No. 03-01-05 for Setting Date, Time and Place for Public Hearing on Proposed Annexations. Motion seconded by Councilman Evans. Motion carried unanimously. IL Consider and Possible Action on Resolution #03-02-05, Concerning an Upper Trinity Regional Water District's I1ong-Range Water Supply Planning Efforts. City Manager indicated that this, Resolution concerns planning for Iong range water supply far Upper Trinity's customers for. the next 50 years as required by Senate Bill One. Upper Trinity is building a new lake and this resolution supports long term planning. Councilman Higgs moved to adopt Resolution #03-02-05. Motion seconded by Councilman Evans. Motion carried unanimously. 12. Consider and Possible Action on Moving Sewer Line on Sable Creek Property. City Manager .addressed the. Council and indicated that Mr. Joe Smith and Mr. January, representatives for Sable Creek, checked the County records and found that the sewer line that runs north of McReynoIds and runs through the Sable Creek addition was .put in more than 20 years ago. There is no easement on record. A, commitment was made by a' company, already on -site, to install a new manhole, reroute the fine, and tie in with a 15" line. They will go underneath Ranger Creek without disturbing it. This will be done for a cost of $24,900.00. 13. C.� Rosalie Discussion on the bid and the name of the company. This company is on site installing the infrastructure for Sable Creek. Councilman Ervin inquired as to now many feet of the line needs to be moved. Mr. Smith addressed the Council indicating there would be 460 ft. of line to connect into the existing sewer line and removal of 180 ft. of existing line underneath the lots. Councilman Ervin expressed concerns regarding the need for Council to have this information in the packet. Councilman Higgs inquired if the line would be removed and a new line installed far $24,900. City Manager and Water/Wastewater Superintendent both stated the removal.of. . the old line and installation of the new line would be. covered for the agreed amount. Councilman Lawler asked if the line could be flushed. and capped. Mr. Joe Smith, developer of this property, indicated this line could not be flushed. Mr. Smith stated he has contacted the EPA, County Engineers, etc., but they all say the line must be removed. FL Discussion on statue of limitations; the line has been there for over 20 years. City Manager indicated he would allow the city an easement, if needed,. once the line has been moved, if part of theline is on his property. Councilman Evans moved to accept the $24,900A0 for the installation of 41,e new line and removal of the old line. Seconded by Councilman Higgs. Motion carried unanimously. Meeting adjourned. �, City Secretdry "