08/06/2007-CC-Minutes-RegularMINUTES: CITY COUNCIL
August 6, 2007
PRESENT: Mayor Higgs, Councilman Muir, Councilman Ervin, Councilman Patton,
Councilman Garza
ABSENT: Councilman Walker, City Secretary
OTHERS
RE, City Manager Mike Brice, Administrative Secretary Tami Taber, Engineeri
Eng
Coordinator Sam Renz, Electric Superintendent Mike Prater, Vehicle
Maintenance Supervisor Kristian Lindburg, City Engineer Rob Woods, Kim
Cox, Jack & Billye Hollingworth, Russell Martin, Barbara Martin, C.G.
McNeill, Bret Chance, Alice Madden, Bill Fuller, Glenn Jensen, Ralph Cain,
Elizabeth Higgs, Yvonne Cain, Carolyn Frazier, Steve Koch, Trisa Koch, Bobby
Swan, Michael Dill, David Manning
1.
3.
Call Meeting to Order, Invocation, Pledge of Allegiance.
Mayor called meeting to order, Councilman Muir led the Invocation followed by the
Pledge of Allegiance.
Mayor introduced the new City Manager, Mike Brice.
CONSENT AGENDA
a) Approve Minutes: July 16, 2007 -City Council
Councilman Muir made motion to approve minutes. Seconded by
Councilman Garza. Motion carried unanimously.
b) Disbursements
Councilman Patton made motion to approve disbursements. Councilman
Ervin seconded. Motion carried unanimously.
Citizen's Input:
Citizens are allowed 3 minutes to spealt. The City Council is unable to respond to or to discuss any issues
that are brought up during this section.
Carolyn Frazier, President of Keep Sanger Beautiful, addressed City Council and
introduced members Alice Madden, Yvonne Cain and Elizabeth Higgs. Carolyn read
a proclamation signed by Governor Perry and advised that this was the third time that
Sanger had won this award. This year the board received $70,000.
Ms. Frazier also advised that each year, the Beautification Board is asked to donate one
item to be auctioned off and Russell Martin made an iron Texas star, the last known
bid on that item was $165.00. She thanked Mr. Martin.
Mayor thanked the Keep Sanger Beautiful Board.
4. Consider and Possible Action Regarding Construction of Indian Lane.
Councilman Patton indicated he had an issue waiving the required fourth lane.
Councilman Garza indicated he also had an issue with the developer not constructing
the fourth lane, and felt it would be more cost effective to do it at this time, rather than
having to do it in the future.
Cpuncilrnan Patton agreed with Councilman Garza.
Councilman Ervin asked the City Manager to check into the original plans when
Sanger High School was built.
City Engineer, advised that the final plat was approved by the City Council as three
lanes only.
City Manager indicated staff would get additional information and bring back to next
City Council meeting.
5. Consider and Possible Action on Request from Steve Koch's Property Legally
Described as N.L. Hobbs, Block 5.
Steve Koch addressed the City Council and handed out copies of a bid to the Council
regarding a proposed lift station. The bid amount was $22,000 and covers parts only.
Mr. Koch would like the City to waive tap fees. Mr. Koch and David Manning will
only be using 22% of the lift station and it will pick up additional area, possibly up to
the end of the apartments.
D#scussed the additional area it would service and that the total cost would be about
$751000.00.
Councilman Ervin asked about the yearly upkeep cost of the lift station.
City Engineer indicated it would be about $8500.00 per year.
1V�r. loch advised that he is in the Bolivar Water CCN and wants fire protection and
asked if he could buy out or get dual certification.
�lNet}ssed Fire Hydrants.
)IF, och indicated he will put in a lift station and scads system at his cost.
City Manager discussed the impact of the cost to the City's budget and now the City
would recoup the $96,000 for the taps and expressed what kind of precedent would the
City be setting when this is the developers' costs.
Councilman Garza asked what the ordinance states regarding developers bringing in
sufficient sewer lines, and indicated there was a provision for a pro -rate agreement.
City Manager expressed that the impact (tap) fee is there for a reason.
Discussed annexation of the property and service agreement.
David Manning addressed the City Council and explained that he did not fight the
annexation of his 17 %2 acres in the county. He spoke to the previous City Manager,
Jack Smith, and told him that he wanted sewer. Mr Smith advised that it was not a
problem. He is now very displeased and feels like he was mislead.
Mr. Koch brought up that in the past fees were waived in the addition on Holt and
Keaton and feels that the precedent has already been set. Mr. Koch inquired if there
was any way to negotiate.
Discussion on development and lift station.
Councilman Garza indicated this wouldn't be a problem if all the land was developed
at the same and all of the costs could be shared. Councilman Garza inquired as to what
ordinance was in place now regarding pro-rata agreements.
Staff indicated if a developer over -sizes for surrounding property, when new
development ties in, they pay a portion of the cost, this applies for 10 years after the
initial improvements are installed. The developer pays the City and the City
reimburses the initial developer.
Discussed pro -rats agreement, lift station, and TCEQ requirements.
Councilman Patton moved to table this item until the next City Council meeting so that
staff could do some further studies.
Seconded by Councilman Ervin.
Motion carried unanimously.
6. Consider and Possible Action on Ordinance #08-28-07 -Amending the Speed Limit in
the Quail Run Subdivision.
Glenn Jensen,129 Maned, addressed the City Council and expressed that he would like
to see the speed limit reduced to 20 mph due to crowded streets and parking on both
sides of the street.
Bret Chance, 321 Deer Run, addressed the City Council and expressed that he would
also like to see the speed limit reduced to 20 mph due to numerous speeders.
Allen Stevens, 301 Deer Run, addressed the City Council and expressed that parking
on the sidewalks was an issue which forces small children into the street and requested
help from the police department to enforce this.
Councilman Muir made a motion to approve Ordinance #08-28-07 as presented
reducing the speed limit to 25 mph. Councilman Patton seconded. Motion carried
unanimously.
Caption as follows:
AN ORDINANCE OF THE CITY OF BANGER, DENTON COUNTY, TEXAS,
AMENDING THE CODE OF ORDINANCES OF THE CITY OF SANGER BY
ADDING SECTION 12.505(20) AS A SPECIAL SPEED ZONE, SETTING THE
SPEED LIMIT IN QUAIL RUN SUBDIVISION (ALL PHASES) AT 25 MPH;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT,
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR
EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
7. Consider and Possible Action on Ordinance #08-29-07 - Abandoning Easements in the
Sanger Mobile Home Park.
City Manager discussed that we have a meter at the street for the entire mobile home
park and that this is the not the City's responsibility.
Councilman Garza advised that back in 1989, the City bought the easements for $1.00.
Councilman Patton inquired that the agreement with the mobile home park was done
prior to the current owner and wanted to know if that agreement transfers to the new
owner.
Councilman Ervin advised that this is the third time he has sat through this issue while
on Council and agrees that the City needs to abandon the easements.
Carroll McNeill addressed the Council and stated that this agreement was done in
1989. In August 2005, he sold the mobile home park, he felt the City owned the lines
through that park, and that the park owned the lines from the street to the mobile
homes.
Discussion.
Councilman Ervin made a motion to approve Ordinance #08-29-07. Councilman
Patton seconded. Motion carried 34.
Councilman Garza voted no.
Caption as follows:
AN ORDINANCE OF THE CITY OF 5ANGER1 TEXAS, ABANDONING WATER
AND SANITARY SEWER LINE EASEMENTS AS MORE PARTICULARLY
DESCRIBED IN EXHIBITS "A" THROUGH "L" ATTACHED TO THE ABUTTING
OWNER; PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS
ORDINANCE FOR RECORDING IN THE REAL PROPERTY RECORDS OF
DENTON COUNTY, TEXAS, AS A QUITCLAIM DEED OF THE CITY; AND
PROVIDING AN EFFECTIVE DATE.
8. Consider and Possible Action on Ordinance #08-30-07 -Amending the Comprehensive
Zoning Map of the City of Sanger.
Councilman Ervin made a motion to approve Ordinance #08-30-07. Councilman Muir
seconded. Motion carried unanimously.
z
Caption as follows:
AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND CENTRAL
ZONING MAP, AS HERETOFORE AMENDED, BY CHANGING THE ZONING
CLASSIFICATION FROM SF3 TO 2F ON LOT 11D, BLOCK 9, SHIRLEY
ADDITION; BY CHANGING THE ZONING CLASSIFICATION FROM AG TO B2
ON LOTS 14, BLOCK A, N.L. HOBBS ADDITION; BY CHANGING THE ZONING
CLASSIFICATION FROM AG TO Il ON 1.324 ACRES, TRACT 4A, BURLESON
SURVEY, ABSTRACT 71A (COWLING ROAD) AND ON 38.9214 ACRES (TRACT
108)9 41.109 ACRES (TRACT 110), AND 50.0 ACRES (TRACT 111) IN THE
REUBEN BEBEE SURVEY, ABSTRACT 29, DENTON COUNTY, TEXAS;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY
OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($29000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
9. Consider and Possible Action on Ordinance #08-31-07 -Amending the Large
Commercial and Municipal Electric Rates.
Staff advised that Brazos bills the City of Sanger the average of the months of June,
July, August and September, but if the demand hits higher than the average, they bill
the higher amount that cycle. The City currently bills the average of those same
summer months, this ordinance will allow us to bill the higher amount if a customer
hits a higher demand than that average.
Councilman Patton made a motion to approve Ordinance 08-3147. Councilman
Garza seconded. Motion carried unanimously.
i
Caption as follows.
THAT APPENDIX A "FEE SCHEDULE", OF THE CODE OF ORDINANCES OF
THE CITY OF SANGER, DENTON COUNTY, TEXAS, IS HEREBY AMENDED BY
AMENDING ARTICLE 4.000 "UTILITY RELATED FEES", SECTION 4.405
LARGE COMMERCIAL RATE AND SECTION 4.408 MUNICIPAL SERVICE
LIGHTING RATE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN
CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
10. Consider and Possible Action on Ordinance #08-32-07 -Amending the Itinerant
Merchants Ordinance.
Samantha Renz addressed the Council, she indicated this ordinance would add the
requirement for a background check before a permit is issued to a solicitor. This is for
the safety of our citizens.
Councilman Muir inquired as to what level of criminal record will the City issue a
permit or not issue one.
City Manager felt it was best to leave it a little vague, and let staff decide. Some things
classified as a higher offense, may not be harmful to an individual.
Councilman Muir made a motion to approve Ordinance #08-32-07. Councilman Ervin
seconded. Motion carried unanimously.
Caption as follows:
AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS,
AMENDING CHAPTER 41 ARTICLE 4.200 "ITINERANT MERCHANTS,
PEDDLERS AND VENDORS", OF THE CODE OF ORDINANCES OF THE CITY
OF SANGER, BY ADDING SECTION 4.204(9) REQUIRING AUTHORIZATION
FOR A BACKGROUND CHECK WITH THE PERMIT APPLICATION;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE
11. Consider and Possible Action on Ordinance #08-33-07 -Prohibiting Parking in Certain
Areas.
Bret Chance, 321 Deer Run, addressed the Council regarding parking problems in the
Quail Run subdivision and indicated he would to have parking on the street restricted
at certain times. He felt this would be better than a blanket restriction.
Glenn Jensen,129 Maned, addressed the Council and he would like to see something
more comprehensive, perhaps an ordinance prohibiting over -night parking on City
streets. In his research, he has found that this lowers crime and removes anonymous
vehicles from the neighborhood. He also felt they should prohibit illegal commercial
vehicles parking in drive -ways. This would allow home owners to be able to park their
vehicles off of the street.
Allen Stevens, 301 Deer Run, addressed the Council and expressed that if vehicles were
forced to park on one side of the street that will only cause vehicles to double up in
driveways and block the sidewalks even more.
Councilman Ervin made motion to approve Ordinance #OS-33-07 excluding Section 1,
item (e). Councilman Patton seconded. Motion carried unanimously.
Caption as follows:
AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS,
AMENDING CHAPTER 12 "TRAFFIC AND VEHICLES" THE CODE OF
ORDINANCES OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, BY
AMENDING SECTION 12.603 PROHIBITING PARKING IN CERTAIN PLACES;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY
OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00)
FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
12. Consider and Possible Action on Resolution #08-11-07 -Setting Date, Time and Place
for Public Hearings on Proposed Annexations.
Councilman Ervin made a motion to approve Resolution #08-11-07. Seconded by
Councilman Garza. Motion carried unanimously.
13. Consider and Possible Action Regarding Issues on Indian Springs.
City Engineer advised that the second half of Caddo has been poured and is to be open
by tomorrow. The east side should be open by Friday. He also advised that a third
party has been hired for the drainage analysis.
Bobby Swan, 207 Osage, addressed the Council, he indicated since they have started
back, the improvements are proceeding quickly. He is concerned they will finish before
the drainage problems can be addressed. He would rather them work on a different
portion so they can make sure whatever is needed for it to drain properly is put in place
before it is completed.
Lengthy discussion regarding drainage.
Mayor indicated that he would let the engineer work that issue out.
14. Consider and Possible Action Regarding Marion Road Water Line.
Mayor indicated that he wanted to strike this item from the agenda.
Councilman Garza expressed that he wanted to discuss it. He expressed that the
previous City Manager Jack Smith approved change orders without the City Council's
knowledge, then money was fronted to the contractor before any work was done or
proper bonding in place. The contractor is now going through bankruptcy.
Councilman Garza also indicated that there was a letter dated February 9, 2007, from
the City Attorney and that the City Council was never made aware of that.
15. Executive Session: Pursuant to Open Meetings Act, Chapter 551, Texas Government
Code, Subehapter D, 551.072; Deliberation about Real Property.
Mayor convened Council into Executive Session at 9:05 P.M.
16. Reconvene: Regular Session and Consider Action, if any, on Items Discussed in
Executive Session.
Mayor reconvened Council into regular session at 9:56 P.M.
Councilman Patton made a motion to authorize City Manager to negotiate on price of
vacant lots. Seconded by Councilman Ervin. Motion carried unanimously.
17. Possible List of Future Agenda Items.
None.
18. Meeting adjourned.
ATTEST:
min
oe Higgs, M
Rose Chavez, City