10/07/2002-CC-Minutes-RegularMINUTES: CITY COUNCIL
OCTOBER 7, 2002
PRESENT: Mayor Pro-Tem Andy Garza, Councilman Joe Higgs, Councilman Jimmy
Evans, Councilman Glen Ervin, Councilman Mike James
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ABSENT: Mayor Tommy Kincaid
OTHERS
PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez,
Streets/Parks Superintendent John Henderson, Water/Wastewater
Superintendent Eddie Branham, City Engineer Mark Owens, Bob Nicoll, U.B.
Herrington, Bill Thompson, Stephen Koch, Crystal Brown, Shelley Ruland
1. Mayor Pro-Tem Garza Called Meeting to Order, Councilman James led the Invocation,
and Councilman Ervin led the Pledge of Allegiance.
CONSENT AGENDA
2. a) Approve Minutes: September 23, 2002
b) Disbursements
Councilman Evans moved to approve the Consent Agenda. Councilman Ervin
seconded. Motion carried unanimously.
3. Citizen's Input.
None.
4. Consider and Possible Action on the Final Plat for Tiffany's Addition, Being 5
Residential Lots Located at 600 Denton St.
Discussion regarding the slab in the area dedicated to the City. Steve Koch indicated
he had spoken with the Street Superintendent and they agreed that if the City would
break it up, they would remove it.
Brief Discussion.
Councilman James moved to accept the Final Plat for Tiffany's Addition. Councilman
Higgs seconded. Motion carried 4 to 1. Councilman Ervin voted no.
5. Consider and Possible Action on Awarding Bid for the Street Rehabilitation Project.
City Engineer, Mark Owens, addressed this item. He explained the difference between
options. The bids received were as follows:
Calvert Paving
A. $2249901.65 2" overlay, culvert replacement w/headwalls
B. $2789353.05 4" overlay, culvert replacement w/headwalls
Co $2139351.65 2" overlay, culvert replacement w/o headwalls
Texas Electric
6.
7.
A. $2319067.90 2" overlay, culvert replacement w/headwalls
B. $2759343.78 4" overlay, culvert replacement w/headwalls
C. $1959202921 2" overlay, culvert replacement w/o headwalls
D. $2399478.09 4" overlay, culvert replacement w/o overlay
City Engineer recommended the bid from Texas Electric, Option B, which is the 4"
overlay with culvert replacement with headwalls.
Councilman Evans moved to accept the bid from Texas Electric, Option B, for
$275,343.78. Councilman Higgs seconded. Motion carried unanimously.
Consider and Possible Action on Ordinance #10-27-02 -Annexing Property Legally
Described as Abstract 1241, Tract 58, Being 4.99 Acres.
Councilman Evans moved to adopt Ordinance #10-27-02 Councilman Ervin seconded.
Motion carried unanimously.
Caption as follows:
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Consider and Possible Action on Resolution #1Q-13-02 -Setting Date, Time and Place
for Proposed Annexations,
Councilman Ervin moved to approve Resolution #10-13-02. Councilman Evans
seconded.
Discussed the location of the properties.
Motion carried unanimously.
Consider and Possible Action on Ordinance #10-28-02 -Regulating Occasional Sales
in Residential Districts.
City Manager indicated staff had checked with other cities to come up with this
ordinance, this is particularly for those residents that have continuous yard sales.
Councilman Evans indicated he felt that if someone was having a garage sale they may
not have $5.00 for a permit. If someone was having continuous sales they have a home
business and we need to regulate home businesses.
Discussion regarding enforcement and permits.
Council discussed there would be no charge for a permit.
Councilman Evans indicated he was concerned that people would not know that they
needed a permit, and then they would get fined.
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Councilman Evans indicated he would be comfortable with allowing a garage sale once
per month for three consecutive days.
Councilman Higgs suggested giving the residents a warning for the first garage sale
without a permit.
Councilman James indicated he would be in favor of allowing a garage sale once per
month.
Discussion regarding the ordinance.
City Secretary indicated it could be changed to allow one garage sale per month, not
to exceed three consecutive days, and requiring a permit at no charge.
Councilman James moved to adopt Ordinance #10-28-02 with the amendment to allow
one garage sale per month, not to exceed three consecutive days, and that the permit
will be at no charge. Councilman Higgs seconded. Motion carried 3 to 2. Councilman
Evans and Councilman Ervin voted no.
Caption as follows:
THAT CHAPTER 4, OF THE CODE OF ORDINANCES OF THE CITY OF
SANGER, TEXAS, IS HEREBY AMENDED BY ADDING AN ARTICLE, TO BE
NUMBERED ARTICLE 4.900 OCCASIONAL SALES REGULATED; PROVIDING
FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING
FOR AN EFFECTIVE DATE.
9. Consider and Possible Action on Ordinance #10-29-02 - Regulating Fence
Requirements.
Councilman Evans moved to adopt Ordinance #10-29-02. Councilman Ervin seconded.
Councilman James asked if we had an ordinance regulating where a fence could be
placed.
Councilman Garza indicated he did not feel you could do that because of the fire code.
Discussion, staff indicated there was not an ordinance.
Motion carried unanimously.
Caption as follows:
AN ORDINANCE OF THE CITY OF SANGER AMENDING CHAPTER 3, BY
ADDING AN ARTICLE TO BE NUMBERED AND TITLED ARTICLE 3.2000
FENCE CONSTRUCTION REQUIREMENTS, TO THE CODE OF ORDINANCES
OF THE CITY OF SANGER, TEXAS, AND PROVIDING FOR THE REPEAL OF
ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND,
PROVIDING FOR AN EFFECTIVE DATE,
10. Consider and Possible Action on Ordinance #10-30-02 - Amending the Franchise Fees
with TXU Gas Company.
City Manager cated this is in direct result of the settlement.
Councilman Ervin moved to approve Ordinance 10-30-02. Councilman Evans
seconded. Motion carried unanimously.
Caption as follows:
AN ORDINANCE AMENDING THE EXISTING GAS FRANCHISE BETWEEN THE
CITY AND TXU GAS COMPANY, TO PROVIDE FOR A DIFFERENT
CONSIDERATION AND TO AUTHORIZE THE LEASE OF FACILITIES WITHIN
THE CITY'S RIGHTS -OF -WAY; PROVIDING AN EFFECTIVE DATE;
PROVIDING FOR ACCEPTANCE BY TXU GAS COMPANY; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS
PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW,
11. Consider and Possible Action on Possible Nominations to the DCAD Appraisal Review
Board.
Discussion regarding the board.
Councilman Higgs moved to appoint Shirley Haider. Councilman Evans seconded.
Motion carried unanimously.
12. Consider and Possible Action on Proclamation #10-07-02 -Proclaiming October 2002
as Relationship Violence Awareness Month in the City of Sanger.
Councilman Evans moved to approve the proclamation, Councilman Ervin seconded.
Motion carried unanimously.
13. Meeting Adjourned.
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