04/16/2007-CC-Minutes-RegularMINUTES: CITY COUNCIL
APRIL 169 2007
PRESENT: Mayor Higgs, Councilman James, Councilman Glenn Ervin, Councilman Robert
Patton, Councilman Walker, Councilman Garza
OTHERS
PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez,
Kim Cox, Thomas Muir, Kay VanHuen, KayCee Parrott, Bill Fuller, Gail
Parramore, Peggy Haskins, Nancy Cooper, Jeri Kane, Melissa Ritchie, Barbara
Martin, Carl Sadau, Ruby Davis, Reverend Raymond Logan
1. Mayor Higgs called meeting to order, Rev. Reginald Logan led Invocation, followed by
Councilman Patton leading Pledge of Allegiance.
CONSENT AGENDA
2, a) Approve Minutes: April 2, 2007 -Minutes
b) Disbursements
Motion was made by Councilman Patton to approve consent agenda with minutes and
disbursements as presented. Seconded by Councilman Garza. Motion carried
unanimously.
3. Citizen's Input:
Citizens are allowed 3 minutes to speak. The City Council is unable to respond to or to discuss any issues that
are brought up during this section.
Rev. Reginald Logan, of Galilee Baptist Church, 300 Willow, addressed the City Council
about a problem they are experiencing at Cammie Patton Park. Rev. Logan indicated there
is increasing noise and late night usage of the park. The neighborhood is disturbed when
children want to use the park, especially the basketball court and are not allowed because
A those who are there already. They would like the Mayor and City Council to review and
request that this issue be on the agenda for the next meeting to hopefully arrive at some
resolution.
Ben McQuien, 4 Sandpiper, addressed City Council concerning problems with the homes
that were built by Jake Sampson in the Sable Creek subdivision. He indicated that he has
already had the Texas Residential Construction Commission inspect his home. He
requested that he would like the City Council to show them how they can prevent bad
workmanship of a builder who is allowed to conduct business in this community. Mr.
McQuien requested to be on the next agenda.
Barbara Martin,108 Colonial Heights, addressed the City Council concerning her utility
bills. She received a bill that was $1,036.93 during the high months. She advised that she
paid it and went on. She expressed that the fluctuation in utility bills is a concern. She
expressed concerns regarding her utility bills and requested the City do an audit.
Ryan Kane, 66 N. Highland, addressed his problem concerning Sampson Homes and his
warranty work repairs. He has a roof leak in his garage and provided pictures of the
problems. Mr. Sampson will not correct problems or return phone calls. He expressed that
Jake Sampson should not be allowed to build homes in Sanger and requested to be on the
agenda for the next meeting.
i
Nancy Cooper, 74 N. Highland, addressed the City Council concerning the problems she
is having with her Sampson Home and presented pictures of these problems. She expressed
her frustration concerning Jake Sampson and his lack of response to correct the problems
with their home. She requested that this issue be on the next agenda.
Aaron Ritchie, 2 Sandpiper, also expressed his frustration concerning Jake Sampson and
his lack of response in correcting his problems with his home. He advised that he has taken
time off his job when Jake has told him he would send someone to correct his problems and
no one ever shows up. He also requested this item to be on the next agenda.
City Manager advised that Mr. Ritchie stated they had a sign in the windows and it seemed
to have done some goods however, the homeowners' association has rules against this and
since then the signs have been taken off the windows. The residents are trying to stay within
the rules of the Homeowner's Association.
Mr. McQuien responded to this statement and indicated that people have freedom of speech
and he would like a copy of this ruling.
4. Consider and Possible Action on Appointment of Member to the Historical Preservation
Commission.
Motion was made by Councilman Ervin to appoint Terri Patton to the Historical
Preservation Commission. Seconded by Councilman Walker. Motion carried 44.
Councilman Patton abstained.
5. Discussion on Ordinance #04-97 -Flood Damage Prevention.
Councilman Ervin asked if the items he had requested to be changed had been done.
Rob Woods, City Engineer, indicated it has to be done by the City Council.
Councilman Ervin indicated some of the changes were on page Al -City Administrator
Larry Keesler needed to be changed and on page 41 and page 50 -dates and information
need to be corrected.
Discussion on Ranger Creek and the area where the developer is damming up natural
water flow.
City Engineer indicated that it is within their perimeter as part of their erosion control
measure that is in place. The developer can do this if he has a permit. City Engineer
advised that the developer has indicated they have a permit and he has requested a copy
for his file.
City Council discussed that the City Engineer should be the Flood Plain Coordinator and
that he should review and make amendments for the next City Council meeting.
6. Conduct Public Hearing to Consider Ordinance #04-08-07 - Amending the Comprehensive
Zoning Ordinance by Amending Section 42.2 Special Definitions and Amending 30.2
Schedule of Uses, Amending the Code of Ordinances by Amending Section 3.104 Sign
Regulations.
Mayor declared Public Hearing opened.
Kay v anHuen addressed the City Council and indicated that she has asked a lot people for
an opinion and she would rather see neon signs in the windows than the yellow banners.
Neon is an art and does not look "trashy."
Ben McQuien spoke against the neon signs and said it does look "trashy." Banners are not
visible from the road.
Mayor declared Public Hearing closed.
7. Consider and Possible Action on Ordinance #04-08-07 -Amending the Comprehensive
Zoning Ordinance by Amending Section 42.2 Special Definitions and Amending 30.2
Schedule of Uses, Amending the Code of Ordinances by Amending Section 3.104 Sign
Motion made by Councilman Patton to approve Ordinance #04-08-07. Seconded by
Councilman Patton.
Discussion concerning speck use permits.
Motion carried unanimously.
Caption as follows:
AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY AMENDING
SECTION 42.2 SPECIAL DEFINITIONS AND AMENDING 30.2 SCHEDULE OF USES,
AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 3.104 SIGN
REGULATIONS.
8. Consider and Possible Action on Service Agreement with John Baines, C.P.A.
Councilman Patton indicated that as a result from discussions about a month ago from
citizens concerning electrical rates, his concern is that the City and City Council are losing
confidence by erroneous rate changes. It is his concern that they need to provide
information to citizens that everything is above board. Councilman Patton contacted four
firms in Denton and three of them referred him to John Baines who is very knowledgeable
of utility issue audits.
Mr. Baines can conduct the audit from January of this year to the present billing cycle.
This is to justify and verify everything is above board. This would also include an audit of
the "Plus One" program.
The service contract would be less than $25,000.00 and Mr. Baines has provided his
credentials and an explanation of his services.
Discussion on the audit and possibly for him to review multi -unit billings. Discussed that
Mr. Baines proposal only included the electric rates.
The Mayor indicated Mr. Baines would not have any idea on what rates to charge for
water and sewer.
Councilman Walker expressed concern regarding the fluctuating usage.
City Manager advised that fourteen electric meters had been pulled and sent in for
accuracy testing and all of them came back 99.9% accurate.
Mike Prater, Electric Superintendent, indicated that the City Council discussed two
different things. Is the audit going to check the meters or the rates? Mr. Prater indicated
that in the Dallas Morning newspaper this week, there was a list of utility rates and Sanger
is in the middle out of twelve or thirteen different providers.
Mayor asked Thomas Muir (who will be serving on the Council after May 12 election since
he is running unopposed), who also is a certified public accountant for his opinion.
Thomas Muir indicated that the audit will probably cover a sample of the calculations for
accuracy and the audit will not cover usage factors or the method of employees driving by
every month with a measuring tool to pick up readings. The audit will consist on random
calculations to check for accuracy. He suggested contacting Mr. Baines to appear before
the City Council to get more information on the service he will be providing.
Councilman James indicated that at the last meeting, staff went into great detail by
providing information where the City's electric rate was averaged in the middle. They
discussed that in this thirty -day cycle, only five days were above 30 degrees. It is not a
question of rates. It was increased usage. Councilman James indicated in the City Council
packet for tonight's meeting, staff again provided information on some of these houses at
random where their high usage has dropped down considerably from the billing cycle in
question.
Councilman James expressed this is an election year and several people are running for
Council If the City continues to spend money indifferent studies then how can they come
up with monies to buy the land for a new City Hall. Councilman James expressed that he
does not see the reason for spending these monies on all these different studies. The City
Council is continuously spending taxpayers' monies in a lot of studies. This study will
consist of random calculations of utility bills and the taxpayers will be out $20,000.00.
Councilman James advised Mrs. Martin to get with Eddie, Mike and staff to find out what
is wrong with the house in question and to see if she has a problem.
Discussion continued.
Motion made by Councilman Patton to table this item. Seconded by Councilman Ervin.
Motion carried unanimously.
9. Consider and Possible Action on Pursuing Bid Proposals for Utility Rate Study.
Tabled.
100 Consider and Possible Action on Ordinance #0444-07 - Annexing the Following Properties:
A. NL HOBBS ADDITION, BLOCK A, LOT 5
B. NL HOBBS ADDITION, BLOCK A, LOT 4R
Co ABSTRACT 299 REUBEN BEBEE SURVEY, TRACT 107, BEING 196.00 ACRES
IN DENTON COUNTY, TEXAS
D. ABSTRACT 8019 WM MASON SURVEY, TRACT 31, BEING 74.184 ACRES IN
DENTON COUNTY, TEXAS
Discussion on location of property.
Motion made by Councilman Walker to adopt Ordinance #04-14-07. Seconded by
Councilman James. Motion carried unanimously.
Caption as follows:
AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO
THE CITY OF SANGER, TEXAS AND EXTENDING THE BOUNDARIES OF SAID
CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN
THE CITY LIMITS, AND GRANTING TO SAID TERRITORY AND TO ALL FUTURE
INHABITANTS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF
OTHER CITIZENS AND BINDING SAID FUTURE INHABITANTS BY ALL OF THE
ACTS AND ORDINANCES OF SAID CITY.
11. Meeting adjourned.
ATTEST:
/ MAY
1Higgs, 1, 1
Rose Chavez, City