01/24/2008-CC-Minutes-RegularMINUTES: City Council Meeting
January 24, 2008
PRESENT: Mayor Joe Higgs, Councilman Robert Patton, Councilman Glenn Ervin, Councilman
Andy Garza, Councilman Thomas Muir, Councilman Mike Walker
OTHERS
PRESENT: City Manager Mike Brice, City Secretary/Asst. City Manager Rose Chavez, Norman
Bulaich, (IESI Municipal Manager), Jim Fieser, (Fieser Development, Katy, Texas),
Shannon Graves, Sanger Courier, Don Freeman, Chase Morgan, Will Tate, Jeff Morgan,
Billy Ezell, Bill Fuller, Eddie Lane, Russell & Barbara Martin, Bret Chance, Ross
Martin, Candace Murphree & Tracy Murphree, Alan Henny, Gary Bilyeu, Clint, Cody,
Michaele Mach, Michael & Jackson Sweet, Kem Green
1. Call Meeting to Order, Invocation, Pledge of Allegiance.
Mayor Higgs called meeting to order, Councilman Garza led the invocation followed by the Scouts
leading the Pledge of Allegiance.
2. Citizens Input:
Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues that are
brought up during this section.
None
CONSENT AGENDA
3. a) Approve Minutes
b) Dasbursements
January 7, 2008 -Work Session
January 7, 2008 - City Council
c} Approve Ordinance #Ol-a1-08 -Amending the Personnel Policy Manual Dated January
1, 2oas
d) Approve Proclamation #O1-24-0$ -Scouts Appreciation Day
e) Approve Resolution #RO1-03-08 -Appointing FDI-Chisum Trail, LTD. to Act on Behalf
of the City of Sanger in Applying for TDCHA Home Funds for Chisum Trail
Apartments
e) Approve Resolution #1101-04-08 -Lease Purchase Agreement to Procure a 2008 F550
Truck for the Electric Department
City Manager indicated therg is a Proclamation on the consent agenda recognizing Cub Scout
Pack 199, Boy Scout Troop 361, and Girl Scout Troop 8080 for their participation in the Angel
Tree Project this year. The Scouts helped serve over 120 families during Christmas.
Motion was made by Councilman Muir to approve the Consent Agenda. Seconded by
Councilman Walker. Motion carried unanimously.
conducted the meetings worked on this project for seven or eight months. He expressed that
the committee put in a lot of time and effort to get this accomplished.
City Manager advised that there was an attorney, engineer, chairperson from Planning &
Zoning, city engineer, bond advisor, school board representative, and himself who served on
this committee. All these people looked at this from every different angle and with all these
people they walked out with a unanimous recommendation. City Manager indicated that the
comments made by people who have had experience with these type of agreements were that
this was a superior agreement in comparison to other cities. This provides the City of Sanger
over and above of what a City gets from a normal development. This is the reason he thinks this
is good for Sanger.
Motion was made by Councilman Ervin to approve the Development Agreement with Land
Advisors LTD. Seconded by Councilman Muir,
Councilman Walker, and Councilman Patton gave recognition to Gary Bilyeu and to all
members who served on the committee, their professionalism and their efforts in getting this
accomplished.
Councilman Patton indicated this development will impact the city within the next ten to fifteen
years and is definitely a win situation for Sanger.
Councilman Garza also thanked Gary Bilyeu and all the committee members for the exceilent
job and effort they put into this agreement. He continued with his concerns regarding the
subdivision. His emphasis was taxes, the free credits, CCN issue with Bolivar. He feels there
are a lot of loose things in the agreement that concern him.
Councilman Ervin indicated over the last two years it has been a battle in getting this
accomplished, He appreciates the efforts of the committee and emphasized this will be good for
the City. This will benefit the City in regards to the infrastructure improvements.
Councilman Muir discussed the development and the impact it will have on commercial
development. The commercial establishments will definitely have an impact on lowering the tax
rate since they carry a heavier part of the tax burden.
Discussion continued.
Motion carried 4-1.
Voting For: Councilman Muir, Councilman Walker, Councilman Patton, Councilman Ervin
Voting No: Councilman Garza
8. Consider and Possible Action on Ordinance #01-03-08 - Consenting to the Creation of a Political
Subdivision Within the City's Corporate Limits.
t
Motion made by Councilman Patton to approve Ordinance #01-03-0$- Consenting to the
creation of a Political Subdivision within the City's Corporate limits. Seconded Councilman
Ervin.
Motion made by Councilman Patton to accept Ordinance # 01-04-08 Amending Chapter 10,
Section 5 & 6, "General Plat Requirements" and Section 6 "Improvements" of the Code of
Ordinances of the City of Sanger. Seconded by Councilman Muir.
Councilman Garza inquired on the changes.
City Manager indicated there was a lot of changes in the language concerning drainage that
were not in Chapter 10. There were two other drainage ordinance that had been approved in
the past that had to be incorporated. There were some misprints and some clarifications in the
park requirements in a subdivision. There were some loopholes in the section that did not
specify when parks had to be developed, this was added and the amount of money in lieu of not
putting a park was increased.
Councilman Garza asked if the right -a -way widths on streets had changed. He also asked if the
width on two lanes undivi wided had changed.
City Manager advised that the right -a --ways were changed on the minor arterial roads. It was
120 ft and this was a misprint so it was corrected to reflect 80 ft. The two lanes width did not
change. The residential street did change from 36 ft to 31 ft curb to curb. This was a request
from two of the builders and their concern was the 36 ft streets allowed people to drive down
the streets faster. He agreed with their concern and this is the reason for the change.
Councilman Garza expressed a concern with street parking and ambulance access.
City Manager indicated that he did not think reducing the street by 5 ft is going to create a
problem.
Motion carried 44.
Voting For: Councilman Muir, Councilman Ervin, Councilman Patton, Councilman Walker
Voting No: Councilman Garza
Caption as follows:
THAT CHAPTER 10, SECTION 5, "GENERAL PLAT REQUIREMENTS' AND SECTION
6 "IMPROVEMENTS" THE CODE OF ORDINANCES OF THE CITY OF SANGER9 TEXAS
IS HEREBY AMENDED; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY;
AND PROVIDING FOR AN EFFECTIVE DATE.
7. Consider and Possible Action on Approving a Development Agreement with Land Advisors,
Ltd.
City Manager indicated this is the development agreement that was reviewed during executive
session at the last meeting. All the people who served in the committee agreed that the
agreement be approved.
Councilman Muir indicated that in that executive session all the different parties, including the
Council voiced their pros and cons concerning the development, The attorney, the consultants,
school board representative, the citizens who serve in the committee, and the chairperson who
4, Consider any Items Removed from Consent Agenda.
None
50 Consider and Possible Action on Price Increase Request from IESI,
Norman Bulaich, with IESI addressed Council concerning the 4008% price index to be effective
February 1, 2008. Mr, Bulaich advised per their contract they have the opportunity to raise
their rates by the Consumer Price Index yearly plus 2%. Last year they did not increase it by
the 2% and this year they will do the same. The price of diesel last year was $2.50 and last week
it was $3.13 per gallon. The increase covers the overall cost to do business. Mr. Bulaich
formally gave thanks of appreciation for the City's business.
City Manager indicated this is an operational cost and is a reasonable request.
Motion made by Councilman Ervin to approve the price increase from IESI. Seconded by
Councilman Patton. Motion carried unanimously.
Councilman Walker inquired on the possibility of this increase to be reduced or to keep the
rates the same,
Mr. Bulaich advised the City can cut down expenses by going to once a week service and using
a container. The fee depends on the size of the container. This would not include take all
service. He indicated if the City was to utilize once a week service, rates would probably be
cheaper. He asked if the residents were ready to go to once a week service,
Councilman Walker indicated that he felt they were not.
Motion carried unanimously.
6. A) Conduct Public Hearing on Ordinance #01-04-08 -Amending Chapter 10, Section 5 "General
Plat Requirements" and Section 6 "Improvements" of the Code of Ordinances of the City of
Sanger,
Mayor declared Public Hearing opened.
No one spoke for or against.
Mayor declared Public Hearing Closed
B) Consider and Possible Action on Ordinance #O1-04-08 -Amending Chapter 10, Section 5
"General Plat Requirements" and Section 6 "Improvements" of the Code of Ordinances of the
City of Sanger.
t,i� t c,. tt tt •� t� .. ti . r-•• t ;i .� t t ;• t r t �t ,
t t tr•r tSangerRanch. agreementis approved in place these
�evtsions to allowtt t.ngto be t t ►; intoig• agreement. t the future staff will
t" brinLyina to the Planning and Zoning the other revisions to Chapter
Motion Carried 44.
Voting For: Councilman Muir, Councilman Walker, Councilman Patton, Councilman Ervin
Voting No: Councilman Garza
Caption as follows:
AN ORDINANCE OF THE CITY OF SANGERI TEXAS, CONSENTING TO THE
CREATION OF A POLITICAL SUBDIVISION WITHIN THE CITY'S CORPORATE
LIMITS; PROVIDING FINDINGS OF FACT; PROVIDING FOR A SEVERABILITY
CLAUSE AND A SAVINGS CLAUSE; REPLEALING ALL CONFLICTING ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
9. A) Consider and Possible Action on a Preliminary Plat for O'Reilly, Addition, Lot 1, Block 1,
Being 0.620 Acres of Land out of the Henry Tierwester Survey, Abstract 21. Property is
Located on Chapman Drive.
Motion made by Councilman Garza to approve the Preliminary Plat for O'Reilly addition, Lot
1, Block 1. Seconded Councilman Walker. Motion carried unanimously.
B) Consider and Possible Action on a Final Plat for O'Reilly Addition, Lot 1, Slock 1, Being
0.620 Acres of Land out of the Henry Tierwester Survey, Abstract 21. Property is Located on
Chapman Drive.
Motion made by Councilman Ervin to approve the Final Plat for O'Reilly Addition, Lot 1, Block
1. Seconded by Councilman Patton. Motion carried unanimously.
10. Information Items:
a) City of Sanger Investment Report
b) Library Monthly Report
11. Adjournment.
Mayor declared meeting adjourned.
Attest:
s
z