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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