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09/21/1998-CC-Minutes-RegularPAGEl MINUTES: CITY COUNCIL SEPTEMBER 21, 1998 PRESENT: Mayor Tommy Kincaid, Councilman Jerry Jenkins, Councilman Glenn Ery Councilwoman Alice Madden, Councilman Carroll McNeill, ABSENT: Councilman Mike James OTHERS PRESENT: City Administrator Jack Smith, City Secretary Rose Chavez, Water/Wastewater Superintendent Eddie Branham, Electric Superintendent Jeff Morris, Street Superintendent Chuck Tucker, Chief of Police Benny Erwin, Lisa Hardy - Sanger Courier, Don Foard - JC Duncan Co., Jami Greenville, Woodrow Barton, Craig Glendeniz, Dale Bryant 1, Mayor Kincaid called Meeting to order, Councilwoman Madden led the Invocation, and Councilman Ervin led the Pledge of Allegiance. 2. a) Approve Minutes -September 8, 1998 b) Disbursements Motion was made by Councilman Jenkins to approve Consent Agenda with a correction to page 3 of the September 8, 1998 City Council minutes following paragraph: Jeff Morris indicated each time they are called out the City of Denton will pay $250.... The change should reflect "County of Denton" in lieu of "City of Denton" and the amount of $250 be changed to $150. Seconded by Councilwoman Madden. Motion Carried Unanimously. 3. Citizen's Input. None. 4. Consider and Possible Action to Appoint a Mayor Pro-Tem. Motion was made by Councilman Ervin to nominate Jerry Jenkins for Mayor Pro-Tem by acclamation. Seconded by Councilman McNeill. Motion Carried Unanimously, 5. Consider and Possible Action on Sale of Bulk Water. Councilman Jenkins addressed this item since he had requested at the last meeting, that it be on this Agenda. He indicated he had no problem with this as long as there s sufficient water to handle citizen's needs. Councilwoman Madden agreed and indicated she felt they had given that responsibility to Eddie Branham, Water/watewater Superintendent. Councilwoman Madden also indicated that Eddie should alert the City Administrator as to the action he has taken. City Administrator Jack Smith indicated most of the requests for bulk water is from contractors who are working on the roads. PAGE2 Council agreed to continue as it has been with the understanding that Eddie Branham, Water/wastewater Superintendent keeps the City Administrator informed as to what is going on. 6. Consider and Possible Action on Resolution R12-09-98 Authorizing and Approving the Creation of a Non Profit Economic Development Corporation to be known as "Sanger Industrial Development Corporation", City Administrator explained that there are strict guidelines according to IRS standards for a charitable organization. This is his reason for leaving the word "Economic" in the title. The intent is to get it to a 503C1 governmental type charitable organization. Councilman McNeill addressed some concerns on page 24, Section 59 the back part of the second sentence. Corporation - entity can use bonds, and on page 25 they may issue bonds on behalf of the City of Sanger. On page 26, the top paragraph, it states no liability in the City of Sanger. Mayor Kincaid reemphasized that everything the corporation does must come through the City of Sanger. Councilman Jenkins made motion to Adopt Resolution R12-09-98 Authorizing and Approving the Creation of a Non Profit Economic Development Corporation to be known as "Sanger Industrial Development Corporation". Seconded by Councilwoman Madden. Motion Carried Unanimously. 7. Consider and Possible Action on Resolution R13-09-98 Authorizing and Approving the Creation of a Non Profit Economic Development Corporation to be known as "Sanger Texas Development Corporation". Motion was made by Councilman Jenkins to Adopt Resolution R13-09-98 Authorizing and Approving the Creation of a Non Profit Economic Development Corporation to be known as "Sanger Texas Development Corporation". Seconded by Councilman McNeill, Motion Carried unanimously. 8. Consider and Possible Action to Adopt Fiscal Year 1998/1999 Budget -Ordinance No.07-98. Councilman McNeill made motion to Adopt Fiscal Year Budget 1998/1999 -Ordinance No.07-98. Seconded by Councilman Ervin AN ORDINANCE OF THE CITY OF BANGER, DENTON COUNTY, TEXAS, ADOPTING THE BUDGET FOR THE CITY OF BANGER, TEXAS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30, 1999 PROVIDING FOR THE INTRA AND INTER DEPARTMENT AND FUND TRANSFERS; AND DECLARING AN EFFECTIVE DATE Motion Carried Unanimously, 9. Consider and Possible Action to Adopt Ordinance No. 08-98 -Adopting Tax Rate. PAGE3 Councilman Jenkins made motion to Adopt Ordinance No, 06-98, Adopting the Tax Rate. AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, LEVYING TAXES FOR THE USES AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF SANGER, TEXAS FOR FISCAL YEAR BEGINNING OCTOBER 1, 1998, AND ENDING SEPTEM 3ER 30, 1999, AND PROVIDING FOR THE INTEREST AND SINKING FUNDS FOR THE YEAR 1998 AND APPROPRIATING EACH LEVY FOR THE SPECIFIC PURPOSE; PROVIDING PENALTY AND INTEREST FOR DELINQUENT TAXES; AND DECLARING AN EFFECTIVE DATE, Motion Carried Unanimously 10. Consider and Possible Action on Adoption of Ordinance No. 09-98 Amending Water Rates, Councilman McNeill made Motion to Adopt ordinance No. 09-98 Amending Water Rates. Seconded by Councilman Jenkins. AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 23.000 FEE SCHEDULE FOR WATER SERVICE RATES IN THE CODE OF ORDINANCES OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, TO PROVIDE FOR A SCHEDULE OF WATER UTILITY RATES; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE, Motion Carried Unanimously. 11. Consider and Possible Action on Adoption of Ordinance No. 10-98 Amending Sanitation Rates. Councilman McNeill indicated the City needed the extra money to repair the streets that are tom up by the trash trucks. Councilman Jenkins made motion to Adopt Ordinance No. 10-98 Amending Sanitation Rates. Seconded by Councilwoman Alice Madden. AN ORDINANCE AMENDING CHAPTER 6, ARTICLE 18.102 SOLID WASTE COLLECTION FEES -RESIDENTIAL SERVICES IN THE CODE OF ORDINANCES OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, TO PROVIDE FOR A SCHEDULE OF SOLID WASTE COLLECTION RATES; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Motion Carried Unanimously, 12. Consider and Possible Action to Adopt Resolution No.11-09-98 to Set Date and Time and Place for Public Hearings on Proposed Annexation. Dale Bryant addressed the Council on this issue. He indicated he was the developer of the property in question. Discussed where property was located. PAGE4 At. Bryant indicated the property was along I-35, and that sewer and water lines were already run to the property. He indicated the mobile Home park they wanted to put there would be restricted and would be a nice park. Discussed size of lots, and sizes of mobile homes. Mr. Bryant indicated they would like to see larger Mobile Homes in this park. Councilman Madden as if they were considering paved streets with curbs etc. Mr. Bryant indicated they were. Discussion. Mr. Bryant indicated they would like to work with the city. Discussed the proposed Mobile Home park, how many homes it would include, and the particulars of what all would be included. Councilman Jenkins indicated this was not the Public Hearing and that the Agenda called for them to set the time, date and place for Public Hearings. Councilman Jenkins made motion to adopt Resolution No. 11-09-98 to set date, and time and place for Public Hearings on Proposed Annexations. Seconded by Councilman Ervin. A RESOLUTION SETTING A DATE, TIME AND PLACE ON PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF BANGER, AND AUTHORIZING AND DIRECTING THE PUBLICATION OF NOTICE OF SUCH PUBLIC HEARINGS Motion Carried -Councilman McNeill abstained 13. Conduct Public Hearing to Consider a Final Replat of Property Legally Described as Lot 11R-1, and Lot 11R-2 ,Block A., Lakecrest Meadows. Phase 1. Mayor Declared Public Hearing Opened. Woodrow Barton indicated this had been brought before the Planning and Zoning commission and that they had approved it. Discussed size of Lot, drainage, and septic. Discussed height of foundation, and referenced the Subdivision Ordinance. Mayor Declared Public Hearing Closed. 14. Consider and Possible Action Regarding a Final Replat of Property Legally Described as Lot 11R-1, and Lot 11R-2 ,Block A., Lakecrest Meadows: Phase 1. Councilman McNeill made motion to approve Final Replat of Property Legally Described as Lot 11R-1, and Lot 11R-2 ,Block A., Lakecrest Meadows. Phase 1. Seconded by Councilman Jenkins, Motion Carried Unanimously. PAGE5 15. Consider and Possible Action Regarding Final Approval and Payment for Cherokee Painting - Acker St. Tank Repainting. City Administrator indicated they had completed the job, and the City Engineer had signed off on it, so it was done correctly. Councilman Jenkins made motion to approve final payment for Cherokee Painting - Acker St. Tank repainting. Seconded by Councilman Ervin. Motion Carried Unanimously. 16. Consider and Possible Action on Interlocal Cooperation Agreement -Library with Denton County, City Administrator Jack Smith indicated the Librarian had reviewed the agreement, and it was basically the same as the previous year. Councilwoman Madden made motion to approve the Interlocal Cooperation Agreement - Library with Denton County. Seconded by Councilman McNeill. Motion Cazried Unanimously. 17. Consider and Possible Action on Interlocal Cooperation Agreement -Fire with Denton County. Jeff Moms, Fire Chief, indicated the agreement was basically the same as the previous yearI Councilman Jenkins made motion to approve Interlocal Cooperation Agreement -Fire with Denton County. Seconded by Councilman McNeill. Motion Carried Unanimously. 18. Discuss Proposal From Duncan Disposal. Don Ford, Duncan Disposal Co., introduced the company and indicated they operated all over the state. Mr. Ford went over the advantages listed in his proposal. He asked the Council to consider his proposal. He indicated they would like to work with the Council in drawing up a contract to meet the City's needs. Mr. Ford indicated they were willing to negotiate. Brief Discussion about bids, and negotiations. Discussed location of Convenience Center. Mayor indicated they would not make any type of decision without first discussing it with the City Attorney. Mr. Ford indicated that Duncan Disposal considered themselves #1 in the world, as far as waste haulers. City Administrator indicated he would forward the information to the City Attorney, 19. Any Other Such Matters. a). Councilman Jenkins referenced the memo from Jack Smith under "Non Agenda Items" about the land leased from Santa Fe Railroad. He asked about the possibility of purchasing the land. Mr. McNeill asked what the property value was according to the Tax Roll, City Secretary, Rose Chavez, indicated she did not have the information with her, but she would find out. Discussed possible negotiations on the property. b). Councilman McNeill asked about the chipping machine, he wanted to know if they had a smaller cutter to chip in smaller pieces. Chuck Tucker indicated he would have it checked out. c). Mr. Smith referenced the ditch at the intersection, by the new school. He indicated he would like to have the City Engineer look at it, and estimate a cost of filling it in, an possibly paving it, to possibly prevent accidents. Discussed traffic flow at that intersection. d). Mayor referenced an audit on the Texas Community Development Programs, he indicated there needed to be some changes made on it. He indicated the Upper Trinity Water District was in the process of discussing rates with the City of Denton, they are in the middle of negotiations at this time. e). Mayor referenced "Denton County Friends of the Family", he indicated they were requesting $3715.00. Discussed if it was in the budget. Mayor indicated he would like to have it on the Agenda for the next meeting. 20. Meeting Adjourned. ATTEST: i Rosalie Chavez, City Secr tary Tommy n aid, Mayor