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05/04/1998-CC-Minutes-RegularMINUTES: City Council May 4, 1998 PRESENT: Mayor John Coker, Councilman Tommy Kincaid, Councilwoman Alice Madden, Councilman Mike James, Councilman Jerry Jenkins ABSENT: Councilman Jimmy Frazier OTHERS PRESENT: City Administrator Jack Smith, City Secretary Rosalie Chavez, Street Superintendent Chuck Tucker, Water/Wastewater Superintendent Eddie Branham, Polnce Chief Benny Erwin, Electric Superintendent Jeff Morris, Don &Judy Jost, Beverly Drake, Jan Pardee, Bo Jaubert &Rodney Fletcher - Friendship Cable, Diana & Vinny Cruz, Chuck Drake, Jack Richardson, Brad Martin, Demetrius Rangel 1. Mayor Coker Called the Meeting to Order. Councilwoman Madden led the Invocation, followed by Councilman James leading the Pledge of Allegiance. 2. Canvass Votes from the Saturday, May 2, 1998 City Election. a) Pre -Oath (Statement of Elected Officer) b) Issue Certificate of Election This item was rescheduled to May 7 to comply with State Election Code. 3. a) Approve Minutes b) Disbursements Motion was made by Councilman Jenkins to Approve Consent Agenda. Seconded by Councilman Kincaid. Motion Carried unanimously. 4. Citizens Input. Several citizens approached Council in regards to the article in the Denton Record Chronicle concerning reopening and expanding the existing landfill in exchange for a donation of 140 acres of land for the City to build a municipal golf course. Jack Richardson - 527 Rising Star Ln. -addressed Council and commended Council for looking at alternative ways to raise revenues for the City with the City facing deregulation the City can not continue to take revenues from the Electric Utility to support the City, and this golf course is an alternative. It might not be the most popular, but it is an alternative way. He commended Council ffor the courage to bring something like this forward. Beverly Drake - 2009 Duck Creek Road -indicated she had two small children that were 6 & 8 years old. Mrs. Drake referred to an article in the Denton Record Chronicle regarding the City being donated approximately 140 acres of land to build a golf course in exchange for the right to reopen and expand the City's existing landfill. Mrs. Drake asked the Mayor if he agreed to the above statement which was made in the Denton paper. Mayor indicated that he did, and the purpose of the City in doing this is to resolve financial problems by getting other sources of revenue. Mrs. Drake continued by stating that the City donation of this property is a "bribe" and not a "donation". Mrs. Drake stated that her children and family's welfare and safety are not for sale at any price. CCM 05/04/98 PAGE 2 Jane Pardee - 803 N. Keaton - an employee of Grass Corp., addressed the odor issue of a landfill. She indicated they do many cover repairs for landfills. She asked if Mayor or any members of Council have ever visited a landfill which was under EPA Regulations? Mayor indicated that he was sure most of the Council had, however, this item on the agenda is for citizens to state their concerns not to address questions, and Council can take their concerns into consideration. Mrs. Pardee's concern was the odor issues in regards to landfills and the birds, etc. Joe Drake - 2009 Duck Creek -indicated Sanger is a nice place, and if the City wants a golf course there are other ways. Mr. Drake indicated a chairperson could be appointed for a campaign drive for a golf course. Mr. Drake stated he can volunteer his time to play an active role in this fund raiser. Mr. Drake's final statement was people must want to play golf pretty bad to have it at this cost, and there are other ways of getting a golf course than putting garbage in the ground. Diana Cruz - Rt 2, Box 2085 -indicated she is a mother and a terrified mother at that. She is trying to open a new restaurant around that location, and it is scary. She expressed concern as to how big the landfill will get, how many cities will be picking up and bringing their trash to Sanger, the odor, the trucks, the noise. She asked Council to please think about what they are doing. Tracy Martin - 522 Woodland Hill -indicated they recently purchased property on Marion Road. The first indication they had there would be a landfill was in yesterday's paper. Mrs. Martin indicated they were devastated. It is a devastating occurrence that she will be standing on her back porch overlooking the landfill. Mrs. Martin inquired if this was really and truly the image the City wants to project, a City who is experiencing a growth. Mrs. Martin expressed that if this project would increase revenues by leaps and bounds then "fine", however, put the landfill in an area that does not affect residential property. Jane Valentine - Rt 2, Box 730 (Marion Rd) - indicated her property is right across the street from where the landfill will be located. She indicated there is so much land available to the North, why would they place a landfill there when it would discourage economic development. She also addressed the odor and indicated it would overburden the sewer system. She addressed the methane that would be released. Mrs. Valentine also expressed that this is not the image Sanger wants to give to the people. She felt there are other alternatives. Butch Lynn - Rt 2, Box 2535 -asked if this would be on next week's agenda. Mr. Lynn asked if the city was working on their application. Mayor stated the application has been submitted. Mayor advised that nothing can be done on the application without conducting a public hearing as required by State and Federal Law. The 25 acre site can be opened without the public hearing. The landfill can not be opened until they take over the garbage pickup services for the City. Mayor indicated there is currently a contract with another company that expires in December. CCM OS/04/98 PAGE 3 Mayor advised that IESI can meet with any group of citizens to explain their regulatfons. Discussion continued. 5. Conduct Public Hearing to Consider Granting a Specific Use Permit to move location of an existing sign structure at property legally described as Abstract 1241 Tierwester, Tract 56, also known as 903 N. Stemmons. Mayor Coker Declared Public Hearing Opened. Terry Coffer, President of Impact -Outdoor Advertising, addressed Council in regards to moving the sign located at Miguelitos on the northwest corner of FM455 and I-35. The sign has been there about 3'h years. Mr. Coffer implied that the property owner had been approached by a fast food chain, Jack -In -The -Box, and they were interested in that piece of property; however, the sign needed to be moved to accommodate the potential buyer of the property. The property owner has a lease in place that he can have that sign moved to another location on his property. Their request was to move the sign 670' to the north. John Porter - 816 Keaton -also addressed. Council. He indicated that the Planning and Zoning had turned down the request. He had a conflict with his schedule and could not attend that meeting; however, Mr. Clay represented him at the P&Z. Mr. Porter indicated that there was some question by P&Z as to Mr. Clays honesty about moving the sign, and he was accused of having a hidden agenda ffor moving the sign. Mr. Porter assured Council that there is a lease in place concerning that sign. The lease provides that the property owner can have the sign moved. Basically the reason for moving the sign is to accommodate the sale of the property to Jack -In - The -Box since they will place their own sign at the Location. In moving the sign north it will help the congestion in that area. Mr. Porter assured Council there is no hidden agenda, it is just to accommodate the sale of the property to Jack -In -The - Box, which will help Sanger grow and develop further. Mr. Porter indicated if Council denies the request the sign wild stay at the existing location. Brief discussion. Mayor Coker Declared the Public Hearing Closed. 6. Consider and Possible Action to Consider Granting a Specific Use Permit to move location of an existing sign structure at property legally described as Abstract 1241 Tierwester, Tract 56, also known as 903 N. 5tenunons. Motion was made by Councilman Jenkins to grant the Specific Use Permit to move sign structure located at 903 N. Stemmons to new location as designated. Seconded by Councilman Kincaid. Motion Carried unanimously. 7. Conduct Public Hearing to Consider Grantimg a Specific Use Permit to construct a new billboard strncture on property legally described as Abstract 1241 Tierwester, Tract 108, also known as 1104 Pecan. 8. Consider and Possible Action to Consider Granting a Specific Use Perani# to construct a new billboard strncture on property legally described as Abstract 1241 Tierwester, Tract 108, also known as 1104 Pecan. CCM 05/04/98 PAGE 4 Mr. Coffer - President of Impact Outdoor Advertising - officially withdrew his request. 9• Consider and Possible Action to Approve Friendship Cable Franchise Ordinance No. 06-98. Mayor Coker briefed Council concerning what was discussed at a prior Council meeting in which Friendship Cable attended concerning their Franchise agreement. The Mayor had requested at that meeting that Friendship Cable with Sanger with a written detailed report on what they plan to do for Sanger with this Franchise in regards to the problems they had in the old part of town. The Mayor requested a written statement of their intentions to correct these problems. Mayor Coker indicated he had not received anything in writing from Friendship Cable, and he felt they needed to provide the City what was requested for the citizens of Sanger. Councilman Jenkins indicated that Friendship Cable be given 14 days time limit to respond in writing. Rodney Fletcher, Friendship Cable, approached Council and advised he had delivered a time line schedule. Mr. Fletcher indicated the equipment has already been ordered and has started to arrive and once it all arrives it will be installed. This equipment will upgrade the capacity of the system. The microwave transmitter will upgrade the system to help during the rain phase. The application for permit has been submitted, and they do not see any reason as to why it will not be approved. The microwave transmitter has already been ordered, and will be installed by June 30. Discussion following included Friendship Cable placing an office in Sanger. The Mayor indicated that the time -line submitted by Friendship addressed what he had requested. Councilman Jenkins indicated he has not had any problems with his cable, however, after talking to one of Friendship's service representatives that side of town has a better upgraded system. The citizens are not aware of the two systems. Rodney Fletcher indicted that this is what they plan to do on the other side. Councilman Jenkins indicated there was an office years ago, and since then they have argued with Galaxy and Star in regards to this issue. Councilman Jenkins implied that they do not have a phone office or a Long Star Gas office, and they all have stated the same reason as Friendship Cable which is they can not afford to do this. Councilman Jenkins indicated personally he is satisfied with their service. Discussion continued about some of the ongoing problems being lack of communication in regards to problems not being addressed by Friendship. Jeff Morris, Electric Superintendent, suggested that on new installations Friendship could run their cable along with his cable for half the costs. Councilman Jenkins implied he hates to lose the service with Friendship Cable even with the problems the City is experiencing. Councilman Jenkins indicated Fletcher is making a genuine effort to try to rectify these problems. Mr. CCM 051041 PAGE 5 Councilman Kincaid also agreed with Councilman Jenkins in keeping the service with Friendship Cable. This item was postponed until the second meeting in June. Mayor Coker asFriendship Cable to come back and report to Council what they have done during this time. 10. Any Other Such Matters. a) Mayor Coker introduced Jack Smith as our new City Administrator to the City of Sanger. b) The following staff had reports: Chief Erwin indicated he has one officer out due to the death of his father. Eddie Branham indicated they have not had any problems across I-35 since they have corrected these problems. Monitoring is done twice a day. Survey has been completed for boring under the highway and presently it is at Hunter & Associates. Jeff Morris is interviewing applicants for positions in the Electric Department. 11. Meeting Adjourned. W� Coker III, Mayor ATTEST: 60 m.aa,a �9 Rosa ie Chavez, City Secreta