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07/15/1985-CC-Minutes-Regular163. (e) Jenkins stated that he had talked the drainage issue with the Dairy gotten a response. with Arnold Lynch about Queen and that he had (f) Waddell stated that he had contacted all the swimming pool owners and had gotten a good response. Council requested that he get this in writing. With no other business to come before council Freddy Inman made the motion to adjourn. Wendall Thomas gave the second. Voted unan. City Secretary MINUTES: MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: City Council July 15, 1985 Mayor Armstrong, Jerry Jenkins, Freddy Inman and Wendall Thomas Carolyn Adkins (Danny Spindle came in at 8:20 p.m.) Mary Jo Stover, Mike Norman, Don Waddell, Mark McCrary, B. McMurray, Bud Hauptman, Jack Bowman, Jerry Don Linn, Benny Erwin, Merwyn Tucker, C. G. McNeill, Herbert Arledge, Prentice Preston, and Glen Noblin. 1. Mayor Armstrong called the meeting to orde r: and introduced the Reverend Glen Noblin with the First United Methodist Church. Reverend Noblin gave the invocation and Mayor Armstrong led the pledge to the flag. 2. The minutes of the previous meeting were approved as printed. 3. After discussing several items on the disbursement list Thomas made the motion to approve the disbursements in the amount of $138,256.34. Jenkins gave the second. Voted unan. 4. Mayor Armstrong read aloud the following letter of request to erect an advertising sign board from Mark McCrary. It is as follows: "Please accept this letter as my request to be placed on the agenda of the July 15, 1985 City Council meeting. My purpose is to ask the City's permission to erect an advertising sign board on the property of WILSON LAND COMPANY. The sign will advertise the new Sheraton Hotel in Denton." Mayor Armstrong advised McCrary at this point in time the city is trying to draw up an ordinance. She stated that Jack Russell with Governmental Service Agency was working on it. It was noted that the city should have the ordinance and be able to take action on it within the next two to three weeks. Freddy Inman asked the size and construction of the sign. McCrary stated it would be a 10 X 40-400 square foot advertising billboard. It is 45 feet from bottom to top. There will be one pole which is a steel metal pole. The sign is engineered to meet the State of Texas specifications since it will be placed along the Interstate. 164. Jerry Jenkins advised McCrary that the intent of the ordinance was not to eliminate the signs but to give guidelines to the city. He felt the city should grant tentative approval to McCrary until tryordinance is drawn up. Mayor Armstrong stated she would call Jack Russell tomorrow. City staff advised to notify McCrary when the ordinance was to be considered by the city council and McCrary would notify city staff if he wanted to come before council with his request at that time. 5. Mike Norman discussed the changes in his subdivision replat. The changes on the plat consisted of the revision of the bearings and distances of the common lot line of Lots 7, 8, and 9, Block 3B, and the revision of the utility easement along the northernmost subdivision boundary line from 7.5 feet to 15 feet wide. It was noted that Planning and Zoning recommended the approval of the replat. Motion was made by Thomas to accept P. & Z.'s recommendation and approve the preliminary subdivision replat of Sims Addition. Inman gave the second. Voted unan. 6. Jack Bowman advised council that he would like to build a carport which would consist of two post and a top. He said he had talked to Freddy Inman and Inman had asked him to get a letter from his neighbor stating that he was in agreement to the carport being within three feet of the property line, which he did. Inman stated that he had looked at the property and that he had two concerns: (1) getting emergency equipment to the back of the property (2) if Bowman should sell and the carport be enclosed there would be a structure next to a house. Discussion. Bowman stated there would be enough room on the east side of the house for emergency equipment. It is 12 or 13 feet on the east side. Mayor Armstrong stated the only problem she had had with the request was that it was setting a precedent (because of such a large variance request). Motion was made by Inman to deny the request for a variance and not to accept P. & Z.'s recommendation because of (1) getting emergency equipment to the back of the property and (2) if Bowman should sell the property and the carport be enclosed it would be too close to a structure. Jenkins gave the second. Voted unan. 7. Mayor Armstrong read the following recommendations franthe Utility Board. (1) A motion by John Coker and seconded by John Henry: To present to the City Council (for their study and approval) general specifications for underground electrical construction presented to the Utilities Board (with recommended changes by the Utility Board) by Mr. Waddell. (2) A motion by John Henry seconded by John Coker that procedures for developing a'utilities budget be followed as stated in Ordinance 84-12 adopted July 2, 1984. Mayor Armstrong called on Don Waddell to discuss with the council underground construction.. Waddell stated that Mike Norman had requested undergrround service in his subdivision and there was nothing in the city code on underground primary. He recommended the following to be incorporated in the city code if the city agrees to go underground for Sims Addition. On Primary (1) The Subdivider or Developer would do the excavation, 165. trenching, put in the conduit and backfill. (2) The Subdivider or Developer to put in all conduit according to city specifications. (3) The Subdivider or Developer must purchase Transformers, the location of which must not be closer than four feet (41) to the nearest building wall and must have unlimited vertical and front clearance for maintenance and operations. The transformer location must be level and at finish grade. Concrete foundations will be poured to City of Sanger specifications to support transformers. (4) The Subdivider or Developer will switchgear. (5) The Subdivider or Developer will furnish the pad mounted furnish The city would do the following: (1) Pull the primary cable (furnish and install). (2) Furnish Transclosures and overhead transformers or pad mount transformers. (3) Run Service Connection devices. On Secondary (1) The Subdivider or Contractor will furnish the Conduit, and Dig the Trench. (2) The City will furnish the secondary cable and connections. Waddell further discussed the primary service for the Sims Addition. Total cost using regular transformers would be $11,423.00. Total cost using pad mount transformers would be $11,360.00. Waddell gave the following cost comparisons: Sims Addition Primary Service Conduit 980' X $1.10 per ft. Ditching (Add rock) 980'X$1.88 Rock $3.85 Pads for Transformers 48X42 3 Ea. Conduit 90's $18.00 X 7 Ea. Developer 1/o Primary 15 KV Cable .88 per ft. 1 transclosure $705 X 3 Ea. Deadfront for transclosure 1 Ea. 1 Ea.-3 way load break 2 Ea.-2 way load break 1 Ea. -terminator 1/0 15 KV 2 Ea.-75 KVA transformers $825.00 1 Ea.-25 KVA transformers $1,078.00 1,842.40 600.00 126.00 $3,646.40 862.40 2,115.00 81.00 107.00 190.00 41.00 1,990000 391.00 $5,777.40 2 Ea. pad mount transformers 75 KVA $1627 Ea. 3,254.00 1 Ea. 25 1,060.00 $5,514.40 if to it Regular transformers plus labor & veh. 7,777.40 Pad mount transformers 7,714.40 Total cost reg. transformers 11,423.00 if 11 pad mount transformers 11,360.00 Overhead Cost 5,852.00 Sims Addition Service 9 Ped. $95.00 Ea. 855.00 2/0 Sec. Cable URD 850 feet @ .60 per foot 510.00 1/0 Sec. Cable URD 1200 feet @ .52 624.00 1,989.00 Labor & vehicles 21000 3,989.00 3 inch conduit @ $1.10 per foot 2,200.00 90° Conduit 63 ea. 1,134.00 Ditching 3,000.00 6,334.00 166. Discussion. Thomas asked Waddell to do a total cost for the city to do the work and a total cost for the contractors. He also requested a rock clause to be added - $1.88 per square foot in dirt and $3.60 per foot in rock. Discussion. Motion was made by Jenkins that council study the recommenda- tions of the Utility Board and incorporate in the subdivision ordinance to include underground primary electrical. Inman gave the second. Voted unan. 8. Council discussed whether or not the city should sell electric meters. Mayor Armstrong felt it tied up the city's money. She asked Merwyn Tucker his opinion. Tucker stated the availability of the meters at city hall was one thing and the city could control the specifications on the meters. Thomas stated that 50o of the electricians couldn't tell you where to go to get a meter. He felt the city should have the meters available to sell to the electricians. Don Waddell read aloud a letter that he had prepared to go to all licensed electricians regarding the city's position of no longer furnishing the meter bases for free. Specifications for the meters were stated in his letter. Discussion. Motion was made by Thomas that the city. continue to carry meter bases and to sell them. Inman gave the second. Voted unan. 9. Mayor Armstrong stated that she had contacted Esta Ashcraft and she was still willing to serve as Sanger Centennial chairperson but did not want to chair for the Texas Sesquicentennial Cellebration. Mayor Armstrong stated that she had contacted Betty Jenkins and she would be willing to serve as chairperson for the Texas Sesquicentennial. Motion was made by Jenkins to appoint Esta Ashcraft as Chair- person of the Sanger Centennial and Betty Jenkins as Chair- person for the Texas Sesquicentennial Cellebration during 1986. Thomas gave the second. Voted unan. 10. Council discussed the proposed Franchise. agreement between the City and the Denton County Cooperative. City Attorney, Louis Nichols wrote a letter to Mayor Armstrong explaining the tax and length of the franchise. The following is an excerpt from the letter that Mayor Armstrong read aloud. "Article 11.03 of the Texas Statute on Taxation - General, specifically provides that a city is authorized to levy a charge for use of its public streets and alleys by a public utility, however, the charge to be made shall not exceed the equivalent of two percent of the gross receipts of such utility within such municipality derived from the sale of gas, electric energy, or water. It is true that some utilities may have agreed to a larger percentage, however, we believe that the statute would limit the ability of the City to collect more than two percent. The length of a franchise is normally a matter to be worked out between the City and the franchisee. It is customary, in all situations where we have had any dealings, to grant a franchise for a fixed number of years. In our opinion, a franchise for a period ten years is not an unreasonably long period of time, since many franchises are granted for fifteen, twenty and twenty-five years. The length of the franchise should be for a period of time that is mutually agreeable. It is not customary, in our opinion, for a - franchise to be granted for only a year at a time. This would be legally possible, but I do not believe it would be desirable to require the matter to come up for reconsideration each year. Council agreed to stay with 2% of the Gross Revenues and to change Section 8 from: .... shall be reviewed annually; to: .... on a five (5) year basis beginning July 15, 1990. 11. Motion was made by Inman to adopt Ordinance No. 85-15 granting a franchise to Denton County Cooperative with the one change noted. Thomas gave the second. Voted unan. 167. AN ORDINANCE GRANTING TO DENTON COUNTY ELECTRIC COOPERATIVE, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND FRANCHISE TO USE THE STREETS, ALLEYS AND PUBLIC WAYS OF THE CITY OF SANGER, DENTON COUNTY, TEXAS FOR THE PURPOSE OF TRANSMITTING, SUPPLYING, DISTRIBUTING AND/OR SELLING ELECTRICITY FOR LIGHT, HEAT, POWER AND OTHER USES, PROVIDING FOR COMPENSATION THEREFOR, SPECIFYING AN EFFECTIVE DATE AND TERM, REPEALING A PRIOR ORDINANCE OF SAID CITY, AND FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED WAS OPEN TO THE PUBLIC. 12. Mayor Armstrong read aloud the following letter from Craig Snider requesting the city to pursue serving his subdivision with city utilities. 'This letter is in request to the City of Sanger that you persue serving electric utilities for the Snider Estates located on Keaton and Duck Creek Roads. Since all other utilities will be served by the City this will be a benefit to the residence of the sub -division as all utilities will be on one bill and can be paid at the same location. Other benefits will mean lower electric rates and better service due to the location of the sub -division. I would like this problem settled in 7 to 9 months due to my investment in the subdivision if possible so work can begin. I will be happy to work with you in any way to get this accomplished.' Discussion. Motion was made by Thomas to pursue going to the Public Utilities Commission to amend certified area to Snider Subdivision. Inman gave the second. Voted unan. 13. The final plat of the Snider Estates Subdivision was discussed. Council had concernfor the problem of no outlet street from the subdivision to Keaton Rad. Street widths and growth in the immediate area was discussed. Motion was made by Jenkins that this item be tabled until the next city council meeting. Mayor Armstrong to meet with Snider and discuss with him the possibility of opening a street onto Keaton Road. Inman gave the second. Voted unan. 14. Mayor Armstrong briefed council regarding funding for libarary services in Denton County. She stated that the Denton County Commissioners Court had proposed to fund library services to Denton County residents through a plan whereby they would give the Sanger Library $8,000 if the city would match the funds. Mayor Armstrong read the following budget proposals to council. 7. FY1984/85: Funding Agency Budget Total A. City $ 2,000 B. Gifts & Fines (Pub.of city hist.) 2,000 C. Green Thumb 4,000 Total $ 8,000 8. Projected FY1985/86. A. City $ 21000 B. Gifts & Fines (Hist. Published 2,000 C. Green Thumb grant 4,000 Total $ 8,000 Mayor Armstrong advised council that the city was already meeting the match requirement. Motion was made by Thomas to adopt the Resolution to continue the support and operation of the Sanger Library under the funding plan presented by the Denton County Commissioners Court. Jenkins gave the second. Voted unan. 168. 15. Citizen Input: (2) Jack Bowman spoke to council again with regards to his 5 foot variance request at 201 Wood St. He stated that he had talked with P. & Z. and they had approved his request and that he had talked with Freddy Inman and Inman had told him if he got a letter from his neighbor stating he did not object to the structure that he saw no problem. Bowman stated that he had gotten a written approval from his neighbor and yet Councilman had turned down his request. 16. Mayor Armstrong called the meeting into executive session according to V.A.T.S. 6252-17 to consider personnel and land acquisition. 17. Mayor Armstrong reconvened the meeting into open session. -- Motion was made by Inman to authorize the police department to hire one (1) additional police officer. Thomas gave the second. Voted unan. Motion was made by Inman that the Personnel Policy be amended to add: when an employee leaves the employment of the city in good standing the employee can be rehired within a period of six months and be granted his (her) previous tenure status. No tenure granted if the employee has been fired or if the employee is rehired after a period of six months. Spindle gave the second. Voted unan. 18. Other such matters: (a) Council set a Workshop for Monday, July 22, 1985, at 7:30 P.M. to discuss the Impact Fee Ordinance and the requirement of a permit for Radio Antennasand Storage buildings. Developers are to be invited to workshop to give their input with regards to the impact ordinance. (b) Inman again voiced concern for the obnoxious odor in the new Sims Addition. (c) City staff was advised that the light is out on the new water tower. Motion was made by Inman to adjourn the meeting. Jenkins gave the second. Voted unan. City Secretary yor