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10/13/2003-CC-Minutes-RegularMINUTES: CITY COUNCIL OCTOBER 13, 2003 i PRESENT: Mayor Tommy Kincaid, Councilman Andy Garza, Councilman Mike James, Councilman Jimmy Evans, Councilman Joe Higgs, Councilman Glenn Ervin OTHERS PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez, Streets/Parks Superintendent John Henderson, Code Enforcement Officer Danny Cockrell, Court Administrator Christy Punches, Police Chief Curtis Amyx, City Engineer Mark Owens, John and Liz Springer, Groish Hedge, Anthony Goode, C.G. McNeill, Brenda Amyx, Chris Bengston, Dixie Taylor, B.J. Dobrovolsky, Shelley Ruland, Lanny Grissom, Stephen Howard, Jack Dawson, Greg Russell, Mike Dobrovolsky, Ken Perry, Mike Prater, Grace Bill"Gil 1. Mayor Called Meeting to Order, Councilman Garza led the Invocation, followed by Councilman Ervin leading the Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes: September 15, 2003 Councilman Evans moved to approve the Consent Agenda, Councilman Higgs seconded, Motion carried unanimously. 3. Citizen's Input. Steve Howard, Developer for Quail Run, indicated there was a misconception regarding the masonry requirements. He indicated they were trying to get some clarification on the definition of masonry material. They wish to use hardy pank on the exterior of the homes in Quail Run. Mayor indicated this issue came up previously, and the developer proposing it was told that he could not use hardy plank. City Manager indicated he did not put it on the agenda, but they could put it on the next agenda. Council agreed to put it on the agenda for clarification of masonry materials. 4. Consider and Possible Action on Presentation from Downtown Merchants regarding Sidewalk Sales. Christine Bengston, owner of Radio Shack at 410 Bolivar St., addressed the Council regarding the sidewalk sales ordinance. She indicated there was an issue at the Sanger Sellabration regarding the Downtown Merchants selling on the sidewalk. She felt it was not the intention of the ordinance to hinder local business. They have had sidewalk sales in the past with no confrontation. At the Sellabration they were presented with the ordinance and told to remove their items from the sidewalk. They did comply with the request; however, felt the only reason the request was made was for the Chamber of Commerce to collect the $60.00 fee from the businesses. Lanny Grissom, President of the Chamber, had indicated to her that this was to create a fair playing field for all involved. She indicated that she felt that closing the street in front of her business for an entire day was a hindrance to her and that her regular customers were unable to access her business. In the past, when Walker Texas Ranger filmed in Sanger, and they closed Bolivar Street, she came to the City Council and was advised to send a bill to the production company. She sent the bill and it was paid. She asked that Council make the same recommendation regarding this incident. She requested they consider adding the amendment as follows: "except that any business in a commercially zoned area may hold a sidewalk sale in front of their respective business." Mike Dobrovolsky, Sanger General Store at 412 Bolivar, indicated he felt it was a good time to revise or repeal the ordinance. He felt it was used for someone's personal means. This has been blown out of proportion. He felt that his business and other businesses on that street were targeted unfairly. He requested the ordinance be re- written to allow them to use the property in front of their businesses. B.J. Dobrovolsky, resident, indicated she wanted to state the facts. She indicated that Sanger General Store did not have anything set out in front of their store. The Bolivar Baptist church was giving away water in front of the store. They had paid for a booth, but were told they needed to pay an additional fee to be at this location. She felt they were saying that the police would turn their head the other way regarding the City ordinance if they paid the $60.00 fee. The ordinance has been in force since 1992. It was broken last October by the Chamber of Commerce, and broken by some of the merchants. They were not aware of the ordinance. It seems as they its according to who you know and who you are as to whether or not you have to abide by the ordinance. She continued to discuss situations with downtown merchants and the Sanger Sellabration. Mayor moved to next item prior to action. 5. Consider and Possible Action on Chamber of Commerce Presentation. Lanny Grissom, Chamber President, indicated he agreed that the ordinance does need to be clarified. It was not City Police who were enforcing the ordinance, it was security guards. The merchants were asked to pay a fee for the booth. The Chamber members' fee was reduced. The first issue that they have is that other businesses in Sanger move their wares to the square for the Sellabration. The Sellabration happens downtown, if it did not and these merchants wanted to participate they would have to pay a fee as well. The second issue they have is the liability. Until two years ago, the insurance of the Sellabration was included with the City. Now they have to purchase their own insurance. The Chamber is liable for anything that happens at the Sellabration. They feel the Chamber should have control of the area at the time of the Sellabration, or else there would be no order to it. Discussed reasons for the Sellabration. Mr. Grissom indicated the merchants do get exposure from the Sellabration because all of the participants are potential customers for them. Mayor indicated it may be better to move the location of the Sellabration. Councilman Evans asked about the Attorney's opinion regarding this issue. I (, City Manager indicated the Attorney recommended preparing a temporary license agreement for anyone who wishes to use public property. Previously the Council would give verbal permission for private use of public property, the attorney recommends that we have a written agreement. Discussed attempts at resolving this issue between the Chamber and the merchants. Chris Bengston indicated she would like to be allowed to have sidewalk sales. Lengthy discussion regarding the merchants, sidewalk sales, and the Sanger Sellabration, Councilman James indicated he felt the Chamber should look at all the options in order to work this out. The City will look at the ordinance and consider a temporary permit. He felt the Chamber should come up with a Resolution as to what the goals are. Mayor indicated they will look at changing the ordinance, and indicated the Chamber and merchants should get together and work out their differences. Shelley Ruland indicated she felt the ordinance should be addressed. Although it has not been enforced in the past, it could be an issue in the future. Item tabled for ordinance for sidewalk sales to be put on next agenda. 6. Consider and Possible Action on Downtown Area Historical Ordinance Review and Extension on Moratorium. John Springer, 802 N. Keaton, addressed the Council and indicated that Polly Dwyer had called and wanted to make OUR some issues were addresses. The Committee has worked on this ordinance for months. After the second time they suggested they send what they had in mind to the attorney and let him give his input on it. He indicated the document is not complete, but the committee wants them to consider extending the moratorium on new construction in the downtown area. They also would like for the Council to consider the appointment of the Historic Preservation Commission. Mr. Springer discussed the qualifications of the members, he indicated he would like to see at least two (2) property owners on the committee. Discussion. City Manager indicated the document was sent to the attorney. The attorney indicated the document was much better than the one previously submitted. There are some parts that suggest property owners do certain things, and there are other parts that state that these things are mandatory. He asked for Council's direction if they wanted these things to be voluntary or mandatory, and if they are mandatory, do they want to include residential properties. Discussion regarding proposed ordinance. Councilman Evans moved to extend the moratorium for 90 days. Councilman James seconded. Motion carried unanimously. 7. Consider and Possible Action on a Preliminary Plat and Final Plat for GNB Addition, being 1.29 Acres, in the Reuben Bebee Survey, Abstract 29, City of Sanger. Mark Owens, City Engineer, indicated he had been informed that there had been a change in the construction plans. He wanted to make sure that it did not have any effect on the plat. Anthony Goode, Isbell Engineering, advised that the change had no effect on the plat. Councilman Evans moved to approve the Preliminary and Final Plats for GNB Addition after City Engineer's approval of the construction plans, Councilman James seconded. Motion carried unanimously. 8. Consider and Possible Action on Budget Amendments to FY 2002-2003 Budget. Proposed budget amendments as follows: $3,500.00 from 001-24-5255 to 001-24-5375 For Rescue Tools $59928900 from 001-30-5420 to 001-32-5375 For Mosquito Sprayer Councilman Evans moved toVapproved the amendments as presented. Councilman James seconded. IMo' kOve hibd unanimously. 9. Consider and Possible Action on Budget Amendments to FY 2003-2004 Budget. Discussion regarding salary increases. Councilman Higgs moved to approve the amendment to decrease sala�•y increases from 5% to 3%. Councilman Evans seconded. Motion carried 3 to 2. Councilman James and Councilman Ervin voted no. 10. Consider and Possible Action on Resolution #10-12-03 -Setting Date, Time and Place for Public Hearings on Annexations. Councilman Evans moved to approve Resolution #1042-03. Councilman James seconded. Motion carried unanimously. 11. Consider and Possible Action on Awarding Fuel Bid. Councilman James indicated that the City had received very competitive bids. Brief Discussion. Councilman James moved to award the fuel bid to P.J.'s Convenience Stores, Inc. Seconded by Councilman Garza. 12. Consider and Possible Action on Nominees for the DCAD Board of Directors. There were no nominations to the DCAD Board of Directors. 1I Consider and Possible Action on Nominees for the DCAD Appraisal Review Board. Councilman Evans moved to re -nominate Shirley Haisler, Councilman Higgs seconded. Motion carried unanimously. 14. Consider and Possible Action on Ordinance #10-32-03 -Use of Reclaimed Water. Item Tabled. 15. Consider and Possible Action on Ordinance #10-33-03 -Municipal Court Technology Fund. Councilman Evans moved to adopt Ordinance #10-33-03. Councilman James seconded. 16. Consider and Possible Action on Board Appointments. Councilman Higgs moved to appoint Carolyn Frazier to the Keep Sanger Beautiful Board. Councilman Evans seconded. Motion carried unanimously. 17. Meeting Adjourned. ATTEST: Rosalie Chavez, City Secretary