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06/05/2000-CC-Minutes-RegularMINUTES: CITY COUNCIL JUNE 59 2000 PRESENT: Mayor Tommy Kincaid, Councilman Glenn Ervin, Councilman Craig Waggoner, Councilman Carroll McNeill, Councilman Joe Higgs, Councilman Andy Garza OTHERS PRESENT: City Manager Jack Smith, City Secretary Rose Chavez, Administrative Assistant Samantha Renz, Police Chief Curtis Amyx, Electric Superintendent Jeff Morris, Water/Wastewater Superintendent Eddie Branham, Woodrow Barton, Jerry Jenkins, Phil Smith, Shelley Ruland, Sue Rodgers, Frank Rodgers, Kenny Ruland, Shelley Ruland, Beverly Branch, Lynn Stucky, Travis Underwood 1. Mayor Called Meeting to Order, Councilman Higgs led the Invocation, which was followed by the Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes: May 15, 2000 May 15, 2000 - Workshop May 24, 2000 - Workshop b) Disbursements City Manager had a question about the minutes. Brief Discussion. Councilman Ervin moved to approve the consent agenda as presented. Councilman Garza seconded. Motion carried unanimously. 3. Citizen's Input. Woodrow Barton, 807 N. 7"' St., addressed the Council, he indicated that he appreciated companies that want to set up and do business in Sanger, companies like Jack in the Box, Dollar General, Sonic, McDonald's, MPA, Fleetwood Homes, and Kwik Kar. These companies engage in free and competitive enterprise, came to Sanger, not seeking aid and or tax abatements, but rather an opportunity to do business in Sanger. They paid there own way, all paid 100% of City, County and School District Property taxes. Most collect sales tax on their sales for the City of Sanger, and the State of Texas. They are good corporate citizens, and they employ people. These companies create very few problems for the City, and cause little or no hindrance to the citizens of the area. To his way of thinking this is good growth, he indicated he did not think the City needed growth that would require the City to provide free land, 50% tax abatements and other abatements, but it's a free country, you can set up shop wherever you choose, but you should pay your own way. He indicated in regards to paying your own way, he had a check for $6,950.00 made out to the City of Sanger, this was the amount of the judgement, that the City Attorney won in the countersuit against his suit, He presented the check to the City Secretary. Phil Smith, 223 Hillcrest, Pastor of Grace Bible Church, wanted to introduce an idea to the Council. The idea is the opportunity to have an impact with another town or city on another continent, the continent of Africa. He indicated he did not have the specifics, but last July he went with a team to Uganda, they ministered with the Baptist churches there. He indicated the local people opened up, and welcomed them. He indicated the Mayor invited them to come visit with him and the town Council, and they asked for some assistance. They want to learn. They have needs in terms of water, electric and sewage. They had heard of other cities that had formed some sister city relationships with other places, to try and exchange information, so they could learn how to better govern, and how to better manage their city. They did not have any specifics, he will be going back this week for a week and a half. He indicated a small town like Sanger sometimes feels like they can't do a lot, but they can have a big impact in another city. He indicated he would be willing to be the liaison, if anything were to be formed. Mayor indicated the Council could not commit to anything, but he did not see any problem with him getting information. Jerry Jenkins, 2507 Chippewa, started off by apologizing to the Council for not attending the last meeting of the Council, while he was still a member. He indicated it would have been pretty hard for him to do. Mayor told Mr. Jenkins, they had spent many years together, and he would miss him terribly. Jerry Jenkins, indicated when you spend fourteen years of your life in the capacity of City Council, you meet a lot of good people. He indicated those people were in the room. He'd been through five City Managers, three Mayors, and two dozen or more Council members. He indicated he'd made a lot of enemies, but a lot of friends to offset it. It's tough to leave the environment knowing what you know as a Council member, and hard for the citizens to understand why they do it. He thanked everyone, and indicated he would be back. Councilman Higgs indicated Jerry Jenkins had spent hours working on the city's E.T.J., and if it had not been for Jerry, Denton would have Sanger surrounded like they have Krum. He indicated it was appreciated. 4. Consider and Possible Action Regarding Ordinance #OS-06-00 -Amending Sign Ordinance Regarding Billboards. Mayor read a letter from the Beautification Board, it was in support of the Council's recommendation in prohibiting billboards. City Manager indicated the ordinance had not changed since the last meeting. Councilman Garza asked if there was any way Dr. Stucky could put up his proposed sign under the standing specifications. Staff indicated there was not. Discussion regarding Smith's billboard, and the billboard moved from the Jack in the Box site. Councilman McNeill moved to adopt Ordinance #06-06-00. Councilman Ervin seconded. Motion carried 4 to 1, Councilman Waggoner voted no. 5. Consider and Possible Action on the Land Use Study and Maps. City Manager indicated there was a workshop with City Council and Public Management, he indicated there were some questions asked that were not answered. Councilman McNeill indicated he had asked how wide should 455 be, and he never got an answer. City Secretary indicated Mr. Coignet indicated he would do a thoroughfare plan, but it would probably be an extra cost. Discussion regarding right of ways. Councilman Ervin indicated he thought more changes were going to be made. He suggested we wait until we get the plans back. Item tabled to wait for plans. 6. Consider and Possible Action Regarding a Possible Electrical Rate Study. Jeff Morris referenced the memo enclosed in the Council packet, which indicated that through negotiations with Wal-Mart, the City is not going to furnish anything on their site. This would have cost the City $250,000.00 to $300,000.00. The City does not have a primary metering rate. He suggested developing a rate and doing studies on the rest of the rates. Mayor asked if a primary rating is historically a lesser rate. Mr. Morris indicated it was. Mayor asked if rates had been compared with other cities. Mr. Morris indicated that other cities have different casts and expenses and it is not comparable. Discussion regarding cost and electrical lines. Councilman McNeill asked if they should possibly wait on the study since Wal-Mart is not concrete. Mr. Morris indicated he is only requesting to send out for bids. Councilman Higgs moved to allow him to solicit bids. Seconded by Councilman McNeill. Motion carried unanimously. 7. Consider and Passible Action on Offering Electric Customers the Option to Purchase Surge Suppression Equipment from their Utility Company. Jeff Morris addressed. this item. He indicated he had been approached by an individual who owns a business in town, which was struck by lightening. Co-Sery offered a surge suppressor which he had at his house and wanted to purchase one for his business. Mr. Morris indicated it is a meter mounted device that would take 20 minutes to install. The customer could purchase it outright or they could pay it out on their utility bill. The City can purchase the device at wholesale price and the company will furnish a retail price. The company will also furnish a warranty. Discussion regarding the device. Councilman Ervin expressed concerns regarding liability to the City. Mr. Morris indicated there was not liability because the customer signs an agreement with the company so the company is ultimately responsible. Jerry Jenkins indicated this device was offered about 10 years ago and in his opinion is a worth while project. Mr, Morris indicated he would need to no a little more research and an ordinance would need to be brought before council because it could be billed on the utility bill. Brief discussion. Council gave approval for Mr. Morris to research. S. Consider and Possible Action on Awarding Bid for Railroad Park Site Grading, and Authorizing the 4B Board to Expend the Funds. City Manager indicated only one bid was received, the bid included grading top soil and seeding for the grass. He indicated the school has a mound of dirt the city will start moving in the morning. Mr. Porter has a mound of dirt next to GNB that he has donated, also Randy Sons indicated he will provide some dirt free of charge. He indicated the city may not need to purchase dirt. Councilman McNeill moved to deny the bid. Council Ervin seconded. Motion carried unanimously. Beverly Branch asked what was the big amount. City Manager indicated $159,000. Discussion regarding grading the dirt. 9. Consider and Possible Action on Approving Engineering for the Duck Creek Lift Station Relief Line. City Manager indicated if this line is put in, it will do away with the Lift Station at Duck Creek. Discussion regarding the engineering. Discussed survey and elevation around the creek. Councilman Garza moved to limit the engineering to minor staking and shooting. Seconded by Council McNeill. Motion carried unanimously. 10. Consider and Possible Action on Resolution # - 05-01-00 -Waiving Water and Sewer Connect Fees for Dr. Ed Wolski on Commercial Property. Councilman Garza asked if the fees would still be waived if the land is sold. City Manager indicated the fees will still be waived. City Manager indicated if 50 connect fees are waived it would be waiving $150,000 of City money. He indicated the resolution is what Dr. Wolski asked for not necessarily what the City should give him. Dr. Wolski wants the county to commit to putting in a road, but the county will only provide $300,000. Discussion regarding all of Dr. Wolski's requests including bringing water and sewer lines to his property. Discussion regarding waiver of connect fees and now many they should waive. City attorney indicated council needed to keep in mind that they are not doing any thing until after the enacting clause. Discussion regarding easements. Councilman McNeill requested a recess for the City Attorney to help him with the wording of the resolution. Mayor recessed for 15 minutes. Reconvened at 8:30. City Manager read the Resolution with the changes as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, WAIVING TEN (10) WATER AND SEWER CONNECTION FEES AND IMPACT FEES ON COMMERCIAL PROPERTY THAT WOULD ENCOMPASS NORTH OF LOIS ROAD; EAST OF I=35; WEST OF SANTA FE RAILROAD; SOUTH OF CHISUM ROAD, AND OWNED BY DR. ED WOLSKI; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the City Council deems it necessary to promote Economic Development, and WHEREAS, the City Council of the City of Sanger has agreed to waive ten (10) water and sewer connect fees and impact fees on said property, and WHEREAS, said property is owned by Dr. Ed Wolski as of this date, and WHEREAS, water and sewer service will be extended to the eastern extension of View Road by December 1, 2001, NOW, BE IT THEREFORE RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS, THAT: Ten (10) water and sewer connect fees and impact fees on said Commercial Property described above and owned by Ed Wolski as of this date, and as described in "Exhibit A" attached hereto and made a part thereof, for a period of five (5) years from the date of this resolution. PASSED , APPROVED AND ADOPTED this the 5'r' day of June, 2000. Further Discussion regarding the Resolution. Councilman McNeill moved to adopt Resolution #06-01-00 with it's provisions and revisions that have been added and taken away. Seconded by Councilman Garza. Motion carried three to two. Councilman Ervin and Councilman Waggoner voted no. 11. Consider and Possible Action Awarding Material Bid for Electric Department, Jeff Morris addressed this item. He indicated it would not be feasible to award the bid to one vendor. It would be better to split the items between the two, and go with the lower prices from each. Both companies have agreed to keep the prices firm for a year. 12. Consider and Possible Action on Approval of Travel Expenditures for Council Member(s) and City Manager to attend the TML Conference in June, the Conference is a Legislative Update and will be held in Dallas. Mayor asked if they would be staying overnight. City Manager indicated they would not. Councilman Higgs moved to send them. Councilman Garza seconded. Motion carried unanimously. 13. EXECUTIVE SESSION: In Accordance with Texas Government Code, Subchapter D, Section 551.071 (LEGAL) to Consult with Attorney: 1. To Consider Problem with Bolivar Supply Company. Convened into Executive Session at 8:46 P.M. 14. RECONVENE: into Regular Session and Consider Action, if Any, on Items Discussed in Executive Session. Reconvened into Regular Session at 9:20 P.M. Councilman Waggoner moved to authorize the City Manager to act on negotiations discussed in Executive Session. Councilman McNeill seconded. Motion carried es unanimously. 15. Any Other Such Matters. Al Councilman McNeill wanted to go back to Item #9. He indicated the engineer's proposal appeared to be a turn key operation, for about $451000.001 the motion only approved the survey. He indicated he would like to see them find a way to do the rest of the engineering. B) Councilman Garza asked about the tanks on the Chambers' property. City Manager indicated three of the tanks had some spillage, but not enough to be a problem. He felt that TNRCC would allow them to go ahead and fill in the hole. C) Mayor indicated there were forty high weed complaints. City Manager indicated they were going to hire some part time people to help with mowing. Discussion regarding complaints. D) Councilman Ervin indicated he had a complaint from a citizen about the City manager not returning his phone calls. E) Councilman Ervin asked when the City Limit signs would be moved. Chief Amyx indicated he had contacted the state, and would follow up. F) Councilman Ervin indicated he would like to see the weekly memo to the Council started up again. G) Councilman Ervin indicated he had complaints about the fire department running stop signs. Mr. Morris indicated this had been addressed and taken care of. H) Jeff Morris advised the Council if the Wal-Mart project comes along, they will have to set about a hundred and something poles, and this can not been done with the digger they have, so they are going to need to look at leasing one. Discussion. 16. Meeting Adjourned. ATTEST: Rosalie Chavez,