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06/02/1986-CC-Minutes-Regular251. MINUTES: City Council Meeting June 2, 1986 MEMBERS PRESENT: Mayor Armstrong, Jerry Jenkins, Danny Spindle, Freddy Inman, Harvey W. Thomas, and Carolyn Adkins OTHERS PRESENT: Stephen Shutt, Mary Jo Stover, Richard Brown, B. McMurray, Karen Sebastian, Jerry Don Linn, Dave Prewett, C. G. McNeill, Sid Campbell, John Henry, Don and Joann Holson, Burl Bourland, and Troy Graham 1. Mayor Armstrong called the meeting to order, gave the invocation, and led the pledge to the flag. 2. The minutes were approved as printed. 3. After discussion of some of the disbursement items, motion was made by Harvey Thomas to approve the disbursements. Freddy Inman gave the second. Voted unan. 4. Citizen Input - Mr. Sid Campbell, 804 S. lst. Street, requested council's help in getting the railroad right-of-way mowed behind his property in the Ward Addition. He stated concern with grass fires, field mice, mosquitoes, insects of all kind from the tall grasses. He wanted to know if there was anything the city could do to get Santa Fe to mow the right-of-way at least once a month. Mr. Richard Brown advised council that he had .sent Santa Fe a letter approximately 10 days ago telling them to get the right- of-ways mowed. 5. Council gave consideration to the amendment to the original Impact Fee Ordinance No. 85-11. Mayor Armstrong read aloud the following changes: (With an explanation on each.) IM COMPUTATION OF FEE (4) (a) At the time of the platting of the subdivision, one-half of the applicable impact fee shall be paid by developer or owner. Payment may be made in cash or by irrevocable letter of credit made out to the City of Sanger and renewable at the city's option. The re- maining one-half of the impact fee shall be paid at the time a building permit is issued or a tap fee is collected, whichever comes first. (b) The impact fee for apartments containing two bedrooms or smaller shall be computed by multiplying the total applicable impact fee for water and sewer by .7. Apartments which are larger and which contain either two baths or three bedrooms, either or both, and which are larger, shall be computed on the same basis as Single Family Residential. The impact fee for electrical service shall remain the same for each apartment and shall not be affected by the .7 factor. the (c) The impact fee for all commercial and institutional uses shall be computed by the size of meter and electrical demand, using as a base 7,300 gallons per month for water and 534 KWH for electrical service, both being the average use for both basic utilities for residential use. The sanitary service impact fee would be tied to the water use in the same manner as the basic sanitary service fee. C. PURPOSE AND USE OF FEES (1) The impact fees are to be used for capacity as well as new mains and oversized mains to deliver that capacity to the system being served, and such impact fees shall not be available or used to extend lines to serve new developments. 252. (2) A separate fund shall be maintained for water, sanitary sewer, and electric utility service, with separate accounting and separate interest being segregated and maintained for each fund. Impact fees collected for each separate fund may be used only for that particular utility improvement. D. EXEMPTIONS (1) Any single lot subdivon for Single Family Residential use located in the original old town of Sanger shall be exempt from paying impact fees provided for herein. (2) Subdivisions already approved or in the official process of being approved (i.e., having reached the city planning commission or the city council at the final stage) shall be exempt from one-half of the impact fees provided for herein." Under the exemption section the Mayor gave the following examples where the Impact Fee would and would not apply. (1) Large lot with existing dwelling. Lot subdivided into two lots. No Impact Fee would be applied if property located in the Original Townsite for the new lot. (2) Large lot with no dwelling subdivided into two lots. Impact Fee would apply on one lot only if the property is located in the Original Townsite. Discussion. Freddy Inman questioned how the Impact Fee would work when the city annexed in a subdivision from the E.T.J. with homes with septic tanks and rural water and requested them to get on sewer and city water - who would be required to pay? Discussion. Shutt stated the Impact Fee was to provide the money to build the next phase of a sewer treatment plant, storage capacity for water, wells, and surface water. Inman - Yes, that's what the Impact Fee is all about getting the lines to them and to build the capacity to handle them. Inman stated the city needed to figure out what it was going to do with the people that will be annexed in. He stated there would be no difference in annexing in a 100 homes or 20 homes or whatever, it is the same situation that the city has now and the new develop- ments will be required to pay. There would be an impact in both situations. Discussion. Motion was made by Danny Spindle to adopt Ordinance No. 86-10 amending the Impact Fee Ordinance No. 85-11. Jerry Jenkins gave the second. Voting for were Spindle, Jenkins, Thomas and Adkins. Voting against was Inman. Motion carried 4-1. ORDINANCE NO. 86-10 AN ORDINANCE OF THE CITY OF BANGER, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 17, SO AS TO AMEND THE PROVISIONS REGULATING COMMUNITY IMPACT FEES FOR WATER, WASTE WATER, AND ELECTRIC SERVICES; PROVIDING A METHOD FOR CALCULATING SUCH FEES; PROVIDING FOR TIME AND METHOD OF PAYMENT; AND PROVIDING FOR AN EFFECTIVE DATE. 6. Dave Prewett with Hunter Associates gave council a summation of the Sewer Use Ordinance. He read the following from the Ordinance: "WHEREAS, the City of Sanger, Texas shall require future compliance with any rules and regulations promulgated under Section 307 of the Clean Water Act." He stated that by accepting the E.P.A. Grant and the Feds money the city has to enforce the rules and regulations on the Industrial Waste Ordinance to protect the wastewater collection and treatment system and to be able to insure compliance. The Ordinance outlines the character of waste that can be discharged into the system. Prewett stated it allows for the establishment of system charges. Mayor Armstrong requested that Item No. 1 under SECTION 1 be changed from City Manager to City Administrator. Discussion. Prewett clarified Section 6 for the Mayor. Motion was made by Harvey Thomas to adopt the Sewer Use Ordinance No. 86-11. Jerry Jenkins gave the second. Voted unan. 253. ORDINANCE NO. 86-11 REGULATING THE DISCHARGE OF WASTES INTO THE SANITARY SEWERS OF THE CITY OF SANGER, TEXAS ESTABLISHING A PERMIT SYSTEM, ESTABLISHING A SYSTEM OF CHARGES FOR SERVICES RENDERED, REGULATING UNSEWERED AND MISCELLANEOUS DISCHARGES, AND PROVIDING FOR ENFORCEMENT. 7. Council considered Ordinance No. 86-12 setting the dates, time and place of public hearings on the proposed annexation for the Bennie Parrent Indian Springs property. It was noted that the dates would be June 16 and July 7, 1986 and the time of the hearings to be at 70.00 P.M. Motion was made by Harvey W. Thomas to adopt Ordinance No. 86-12 setting the dates, time and place of public hearings on the proposed annexation for Bennie Parrent. Freddy Inman gave the second. Voted unan. ORDINANCE NO. 86-12 AN ORDINANCE SETTING A DATE, TIME AND PLACE ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF SANGER, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. 8. Item No. 8 to consider establishing an Ordinance regarding the lot size the city will allow for no curb and guttering was delayed until item regarding workshop was discussed. 9. Dave Prewett made the official request for council's approval of Change Order No. 2 from Cole and Smithen Construction Co., Inc. Prewett stated this change order was for the rehabilitation work to be done on the clarifier. He explained each item of recommendation. Council unofficially gave approval of Item 2, 3, and 5 for a total of $14,966. at their last meeting. Discussion. Mayor Armstrong called for a motion. Motion was made by Jerry Jenkins to approve Change Order No. 2 for Items 2, 3 and 5 for a total expense of $14,966. Harvey Thomas gave the second. Voted unan. 10. Mayor Armstrong advised council that on May 27th, P.& Z. approved the preliminary plat of Choctaw Ridge Phase III with two variances stated on the plat and the stipulation that the width of all drainage easements be shown. The following variances were discussed by staff. (1) From 60.0' to 43.11' on Front of Lot 17, Block 2; (2) From 300.0' to 60.0' Radius on the center line of curve #3. Motion was made by Harvey Thomas to accept Planning and Zoning's recommendation to approve the preliminary plat of Choctaw Ridge Phase III. Freddy Inman gave the second. Voted unan. 11. Mayor Armstrong called on Carolyn Adkins to give a report to council on the public hearing recently held on the County -wide Transportation Plan. She stated there were still problems to be worked out. That another meeting had been scheduled and if council had any questions or problems she had time to submit a recommendation. Mayor Armstrong read aloud the of the preliminary county wide County. proposed resolution in support transportation plan for Denton WHEREAS, Denton County is the 4th fastest growing county in the country; and WHEREAS, Denton County and it's cities need to develop a systematic approach that will set priorities and indicate when and which transportation improvements are needed, and WHEREAS, Denton County Commissioners Court needs to implement a program to meet our future Right of Way needs due to our phenomenal growth factor; Motion was made by Carolyn Adkins to adopt the resolution in support of the preliminary county wide transportation plan. Jerry Jenkins gave the second. Voted unan. 12. Mayor Armstrong advised council that she had met with County Judge Buddy Cole as well as the environmental and clinical departments regarding the assessment. They are proposing to offer the same services as in the past, but divide them into two separate packages, environmental and clinical. She stated in the past the city had pledged and given $500 to Denton County Health Department. This year they have come up with a new plan whereby they will divide into the two departments. The environmental division takes care of all inspections. She stated the only one the city is involved with would be when they inspect the food establishments. In 1986 they say they have inspected some 59 times in the City of Sanger. They inspect once per month unless they receive a complaint. They project the city's payment, based on population, at 1.32 per capita, for a total of $5,082. for environmental alone. Under the clinical division they have based the assessment on 1.09 per capita making the city's part $4,197. The Mayor checked with the clinic and Sanger had 516 citizens that had used the clinic. Mayor Armstrong gave a run down of services provided by the clinic and the number of Sanger citizens using that type service. She stated the county was asking the city to go from $500 yearly to nearly $10,000. If the city does not participate she said she was told that it would be necessary for the city to arrange for its own health authority. She stated she was told if the city did not participate that citizens from Sanger would be turned away. Mayor Armstrong advised council that the county had requested in their letter that the city respond by the 23rd of June. Discussion. Mayor Armstrong stated she would try and find out what the city would have to do to set up its own inspection department, what the State Health Department has to say about the county refusing the city's citizens and will also check with the City of Denton to see if they would be interested in working with the City of Sanger and if so, what would it cost the city. Discussion. Motion was made by Danny Spindle to table this item. Jerry Jenkins gave the second. Voted unan. 13. Mayor Armstrong requested that this item be withdrawn and placed on the next city council agenda. She stated that Richard Muir was going over the proposal from T.M.L. and would evaluate and compare what he has insured the city for in the past and give us his professional opinion of the proposal. 14. Motion was made by Freddy Inman to reappoint Dr. J. Clyde Chapman as the City Health Officer. Harvey Thomas gave the second. Voted unan. 15. Other Such Matters: (a) Mayor Armstrong informed council that three P. & Z. terms will be expiring June 30th. They are Joe Waide, Bill Enlow, and Fred Yeatts. She stated that Joe Waide did not want to be reappointed. Enlow and Yeatts have not been contacted. Requested council to be aware of the expiring terms and make suggestions for reappointments. Appointments to be made at the next council meeting. The Mayor explained to council that the Park Board Ordinance states there will be 7 members, three with one year terms and four with two year terms. When they are reappointed they will serve for a two year period. Jackie Echols, Sam Burrus, and Joe Hitis were reappointed last year for a two year term. Those up for reappointment are Esta Lou Morgan, Kammie Patten, J. W. Bucklew and Russell Madden. The Mayor stated she had talked to each and they were w illing to serve. She reappointed Morgan, Patten, Bucklew and Madden. (b) Council set the date of June 9, 1986 at 7:00 p.m. for the Zoning and Subdivision workshop. 255. (c) Mayor Armstrong voiced complaints regarding the City's. trash service. Members of the council also voiced problems regarding reckless driving of the garbage truck. Mayor Armstrong instructed the City Manager to draft a letter stating the city had received numerous complaints regarding service and to include the reckless driving, holiday pickup, etc. (d) Council discussed the problem with citizens draining their swimming pools on neighboring property. The Mayor stated she would look into the problem. (e) Each councilmember, the mayor, and the city manager received a copy of a letter written by the Sanger I.S.D. to the State Highway Department. The school requested a number of things from the state and the state says that the city had to request the items to be done. She stated that the city manager had already written the state requesting information on what the city should formally do to get the school's request satisfied. (f) Council received a letter from Bishop College giving the results of the recent survey. 16. City Manager's Report: (a) Slacked off on the weed notices due to all the rain. (b) Stated No. 4 well has been shut down because of sand. Had well person out, but stated he didn't have all the particulars. They have determined there is a hold in the well shaft. Don't know what the outcome of the well will be. Discussion. (c) The city will begin fogging when conditions are right. Will alert citizens by running newspaper article. (d) Steve stated that he had contacted an attorney in Austin that specializes in PUC hearings. Stated he had set a limit of $300 for the attorney to look into the discrepancies in boundaries that existed between the existing official map for the electric service area. (e) Mayor Armstrong reminded council again of the T.M.L. Mayor's/ Councilmembers meeting onJune 13, 14 and 15 in Arlington. She stated she would not be able to attend this year and encouraged the council to attend. 17. Mayor Armstrong convened the meeting into executive session. 18. Mayor Armstrong reconvened the meeting to open session. With no action to be taken from the executive session, motion was made by Danny Spindle to adjourn the meeting. Harvey Thomas gave the second. Voted unan. City Secretary