05/19/1986-CC-Minutes-RegularMINUTES
MEMBERS
PRESENT:
MEMBERS
PRESENT:
OTHERS
PRESENT:
City Council
May 19, 1986
Mayor Nel Armstrong, Jerry Jenkins, Danny Spindle,
Harvey W. Thomas, and Carolyn Adkins
Freddy Inman
Stephen Shutt, Mary Jo Stover, Richard Brown, Karen
Sebastian, B. McMurray, Bud and Johnnie Hauptman,
Burl Bourland, Dave Prewett, Bennie Parrent, and
Laurie Callahan and Rev. E. L. McNeill
1. Mayor Armstrong called the meeting to order. Rev. E. L. McNeill,
Pastor of the First Baptist Church of Sanger gave the invocation,
and Mayor Nei Armstrong led the pledge to the flag.
2. The minutes of the previous meeting were approved as presented.
3. After discussion of the disbursements, motion was made by Harvey
Thomas to approve the disbursements. Carolyn Adkins gave the
second. Voted unan.
4. Citizen Input - None
5. Council discussed the proposed Food Service Ordinance. Mayor
Armstrong asked questions with regards to Section III where
the ordinance talks about the -City Health Officer doing the
inspections. She asked Ms. Callahan, with the County Health
Department, if that statement was referring to the county health
officer or to the local city health officer. Ms. Callahan
stated it was just the wording. Earlier in the ordinance it
states the "regulatory authority." Mayor Armstrong requested
the term be change to regulatory authority" for more clarity.
The Mayor read aloud the following from Part B. Review of Plans.
"Whenever a food establishment is constructed or extensively
remodeled and whenever an existing structure is converted to
use as a food establishment, properly prepared plans and
specifications for such construction, remodeling, or conversion
shall be submitted to the regulatory authority for review and
approval before construction, remodeling or conversion is
begun." The mayor stated that this would mean that plans
would be submitted to the Denton City -County Health Department
and since the city now has a building inspector, the only
problem She could see would be when a client is waiting on
the city or waiting on the county and can't get either one
to make a decision, she asked just how would this be worked
out? Discussion.
Ms. Callahan made the recommendation that the plans be sub-
mitted to the City of Sanger, that their agency be called
and everything be worked out with the inspection department.
Discussion.
The following changes were recommended by Mayor Armstrong:
Section III - A The term of City Health Officer be changed
to read regulatory authority
Section III - B (1) to be added ..... shall be submitted to the
City of Sanger for review and approval by
the regulatory authority before .....
Section III - B (2) to be added ..... be submitted to the City
of Sanger and regulatory authority.....
Motion was made by Jerry Jenkins to adopt Ordinance No. 86-8
with the recommended changes. Carolyn Adkins gave the second.
Voted unan.
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE INSPECTION OF FOOD SERVICE
ESTABLISHMENTS BY THE DENTON CITY -COUNTY HEALTH DEPARTMENT;
ADOPTING THE TEXAS DEPARTMENT OF HEALTH, RULES ON FOOD
SERVICE SANITATION; IN CONJUNCTION WITH THE DENTON CITY -
COUNTY HEALTH DEPARTMENT'S RULES AND REGULATIONS; ESTABLISH-
ING FINES AND PENALTIES FOR THE VIOLATION OF THIS ORDINANCE;
PROVIDING A SEVERABILITY CLAUSE, AND DECLARING AN EFFECTIVE
DATE.
6. Motion was made by Danny Spindle to approve Change Order No. 1
for the Wastewater Treatment Plant in the amount of $1,030.00.
Jerry Jenkins gave the second. Discussion. The purpose of
the change order was to allow for additional wiring and
conduit and weatherhead for the primary electrical service.
Wendall Thomas requested that the contractor submit an itemized
statement for the change order to the city. Voted unan.
The city manager gave council a letter from Cole and Smithen
Construction Co., Inc. which stated the following:
After draining and cleaning the existing clarifier, we
have inspected the condition of the clarifier and present
the following recommendations for your consideration.
1. In reference to the proposal dated February 27, 1986,
we would replace the existing clarifier drive assembly,
sludge collector arms, scum skimmer, influent wall, spray
system, and access bridge with new galvanized equipment
for a total cost of $72,292.00.
2. To utilize the existing access bridge, -drive assembly,
and torque tube and replace the influent well, sludge
collector arms, scum skimmer, and scum box with new bare
metal equipment for a total cost of $10,5110000
247.
3. To replace the existing wooden walk boards around the
perimeter of the clarifier.
2" X 12 Redwood $776.00
2" X 12" Wolmainzed Lumber $655.00
4. In reference to the proposal dated February 271 1986, we
would remove and replace the existing 10" Air Line for
a total cost of $5,335.40.
5. To repair in place the joints in the existing 10" Air
Line for a total cost of $3,800.00.
Shutt requested guidance from council on this recommendation.
He stated that a $20,000 contingency was built into this
project. The contingency is set aside for potential change
orders. Shutt stated that Item No. 1 and No. 4 were in
comparison. Went on to say that Items 1, 3, and 4 were a
combination, Items 2, 3, and 5 were a combination. Runs
$15 to $16,000. Cheaper. Would give a life expectancy of
5 or 6 years. Discussion. Staff requested unofficial direction
from council. Council gave their unofficial approval to the
change. Item to be placed on next council agenda for official
approval.
7. Motion was made by Harvey Thomas to approve the final replat
of Sanger I-35 Industrial Park. Jerry Jenkins gave the second.
Voted unan.
8. Council considered the request for water and sewer service to
Indian Springs Phase II for Bennie Parrent. Mayor Armstrong
stated that council had discussed the request in a recent
workshop. She called on the city manager to present the
request. Shutt stated the city had received a request to
serve a 34 lot subdivision with water in consideration for
a site for a lift station. He went on to say there had been
some discussion between Parrent and Councilman Jenkins. He
requested Jerry to state what was said in those discussions.
Jenkins stated that the item had been kicked around for a
number of weeks. From the start of the plat it was approved
as an E.T.J. Subdivision with 34 lots, septic tanks, Bolivar
Water, and County Cooper. for electric. That request was
passed and is the only official plat that has been accepted.
It came back before council as a 72 lot subdivison. Lots
were 1/3 acre in size. Was not acceptable to the council
and was turned down by a 5-0 vote. Motion was made on an
alternate plan of approximately 1/2 acre lots and above, site
for a lift station, park, and we were also talking annexation
at the time, sewer and water. Motion was made to refer this
request back to P. & Z. for further consideration. The
motion was voted down 3-2 at that time. He went on to say
that Mr. Parrent still ended up with the 34 lot E.T.J.
subdivision. He then came back and requested water -- again
a disagreement at that point. We had a workshop, still argued
and discussed this thing, stated its getting to the point
council needs to reconsider. Jenkins stated after talking
with city staff, he felt that he possibly made a poor choice
with the 54 lot subdivision. The site of the lift station
is a critical issue for the future developments on the west
side. Stated council needed to settle the issue of the
lift station. Part of the proposal that Parrent had offered
was the site of the lift station. Stated that he had
basically agreed to go along with the original motion.
Jenkins stated that "I would agree to change my vote and go
along with the 54 lots, 1/2 acre in size, no curb and
,gutter, streets as proposed by Mr. Parrent and backed by
Wendall Thomas. He said this was a conversation he had had
with Parrent. Jenkins said Parrent said he would ask for
annexation of the property. He stated if the city proceeded
in the way they were going that Parrent was going to wind
up getting water, possibly sewer, and the city would not
have the benefits of the annexation, the building permits,
taxes, and any other applicable fees that might be available.
Jenkins requested to change his vote stating he would support
the 54 lot subdivision. Discussion.
a
248.
The city manager stated according to Roberts Rules of Order
that a person who votes against an issue may request that
the item be brought back up. He suggested that the 72 lots
be amended to 54 lots otherwise it would be necessary to go
back before P. & Z. Discussion.
Jerry Jenkins stated that council had not heard from Bennie
Parrent. That he wanted the record to show that Parrent
would accept the recommendations. Parrent stated that he
would request annexation into the city on this subdivision
(Indian Springs Phase II - 54 lots). Lot sizes as stated
on plat, take city water and sewer, build a road as stated
on plat, Benjoy Drive to be a 60' right-of-way; Eagle Drive,
Papa Drive, and LaRue Drive to be a 50' right-of-way as
plat shows. Only other things Parrent asked for was if
in Block B, Lots 6, 7, 8, 9, 10, 11, 12, or 12 would not
sewer that the city would permit him to put in septic tanks.
Felt the only ones he might have trouble with would be Lots
6, 7, or 7, 8. Stated he had not gotten the flow on the
Lift station, but with his naked eye those would be the
only lots that might pose a problem. Everything in Block C
back he stated he felt would sewer.
Shutt stated there was a problem with the setbacks on corner
lots at 15', should be 25'. Parrent stated no problem with
that. They would be changed. Richard Brown requested Parrent
to denote the width of the drainage easements on the plat.
Agreed.
Parrent stated his lots were 1/2 acre lots or larger.
Discussion. Parrent stated he wanted to start to work tomorrow
morning on this project.
Motion was made by Jerry Jenkins to reconsider the motion
made by Wendall Thomas on April 22nd to amend the 72 lot
subdivision to a 54 lot subdivision. Wendall gave the
second. Voting for were Jenkins, Thomas and Spindle. Voting
against was Adkins. Motion carried 3-1.
Mayor Armstrong advised council that the item was now back
on the table for discussion. Richard Brown requested to
know if this was a preliminary plat or a final plat. Shutt
stated it was a final.
Mayor Armstrong - This would be that the city accept the
72 lot plat as amended to be a 54 lot plat with the following
corrections:
(1) All setback lines will be 25'
(2) All easements be defined by width.
(3) Streets to be built to specifications on plat.
(4) Annexation.
Discussion. Motion was made by Wendall Thomas that the 72 lot
subdivision be accepted as approved by Planning and Zoning
with the following amendments:
(1) Lots be lowered to 54 lots of approximately 1/2 acre
or larger.
(2) Subject to annexation into the city.
(3) Streets be built according to the specifications on
the plat.
(4) Side yard setback lines be shown.
(5) Park dedication to city be inserted.
Danny Spindle gave the second. Voting for were': Thomas,
Spindle, and Jenkins. Voting against was Adkins. Motion
carried 3-1.
Shutt requested for the record that the plat reference dated
4/22/86, Job No. 860159 be noted. It was further noted
that the amended final plat with all required signatures
affixed be delivered to the city secretary for filing.
249.
9. Mayor Armstrong read aloud the following recommendation from
the city manager to amend Paragraph 4 of Subsection B of the
Impact Fee Ordinance.
1) Residential
The rates as divided in paragraph 3, (750 water, 500
sewer, 250 electric) remain the same but that at the
time of plating 1/2 of the collective applicable
amount be paid by the 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 other 1/2 of the Impact Fee would be
collected at the time that a building permit is issued
or a tap fee is collected whichever comes first.
2) Multiple Famil
The Impact Fee for all apartments up to the .following
physical limits two bedroom, one bath, would be computed
by multiplying the total applicable Impact Fee for
water and sewer by .7. Apartments to be constructed
that are larger (i.e. 2 baths or three bedrooms either
or both) would be the same as single residential. The
Impact Fee for electrical shall remain the same and
not be effected by the .7 factor.
3) Commercial and Institutional
(private or public)
The Impact Fee for all commercial and institutional
shall be computed by size of meter and electrical
demand, using a base of 7300 gallons per month for
water and 534 KWB for electrical, both being the average
use for both basic utilities in a residential use. The
sewer Impact Fee would tie to the water use in the same
manner as the basic sewer fee.
4) In the event that a residential or commercial unit is
built that is total electric the Impact Fee for the
electrical portion only shall be computed by taking
the applicable base (i.e. $250 per lue X 1.5).
5) Funds
There needs to be kept for records three funds for each
utility and a sub -fund for each utility showing the
interest earned on each fund. It should be stated in
the ordinance that all interests earned in each fund
may be used only for that particular utility improvement.
6) Miscellaneous
It should be noted that this ordinance is for capacity
as well as new mains and oversizing mains to deliver
that capacity to the system and that line extension to
serve new development shall not be eligible for payment
under these funds.
7) Application
In conclusion, I am recommending tha tthe Impact Fee
amendment include the provision that 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)
be exempt from the developer 1/2 of this fee.
Council and staff had a lengthy discussion on Item No. 2.
The city manager defended each of his recommendations.
Mayor Armstrong stated that she did not approve of Item No. 4.
With reference to Item No. 5, Mayor Armstrong stated it should
be stated in the ordinance that all interest earned in each
fund may be used only for that particular utility improvement.
Discussion regarding single lot subdivision in the original
250.
town survey. It was the general concensus of the council
that lots in the original town survey of the city be
exempt from the impact fee. Mayor Armstrong stated that
any lots other than single family should be subject to
the impact fee. The city manager stated he would prefer to
get the city attorney to draft the amending ordinance and
it would be presented to council in ordinance form at the
next meeting.
Motion was made by Jerry Jenkins to instruct the city manager
to prepare an amendment according to what he has recommended,
striking No. 4. Wendall Thomas gave the second. Voted unan.
10. Motion was made by Wendall Thomas to accept the reappointment
of Jack Burkholder for a four year term and Francille Sullivan
to fill the unexpired term of John Coker on the Utility Board.
Jerry Jenkins gave the second. Voted unan.
11. City Manager's Report:
(1) Continue to have problems with motor in lift station,
back on tomorrow.
(2) Sent out 80 to 90 notices on weeds and junk.
(3) Talked with State Highway Department about mowing
right-of-ways.
(4) City Crews will be back on patching streets this week
if it doesn't rain again.
12. Mayor Armstrong called the meeting into Executive Session to
consider (1) Personnel and (2) Legal Matters.
13. Mayor Armstrong reconvened the meeting into Open Session. No
action to be taken from items discussed in Executive Session.
14. Other Such Matters:
(1) Mayor Armstrong requested that the remainder of Church
Street to loth Street be patched.
(2) Mayor Armstrong advised council of the TML Mayors/Council-
members meeting on June 13, 14, & 15 in Arlington, Texas.
Encouraged council to attend if at all possible.
(3) Jerry Jenkins requested to know status on Donnie Howard.
It was stated that he is back on duty but is not allowed
to drive the city vehicles.
With no other business to come before the council, Wendall
Thomas made a motion to adjourn the meeting. Danny Spindle ,.
gave the second. Voted unan.
City Secretary
►i •ii