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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 i 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: :1 1 1 1 1 :I ►! 1• I ! li 1 1 1 1 • II 11 1 li i "!' ' I I II I I 1 '• I 1 li '' !' 1 1 ' 1 • � 1 • 11 "!' ' 1 II 1 " 1DKWII1 11 1 1 1 I • 11 • � ! 1 !' 1 I • 1 11 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. i 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. J Mayor ommfy/YaViWf ncaid