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02/17/2004-CC-Minutes-RegularMINUTES: CITY COUNCIL, f February 17, 2004 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, Water Wastewater Superintendent Eddie Branham, Electric Superintendent Mike Prater, Police Chief Curtis Amyx, Streets/Parks Superintendent John Henderson, City Engineer Mark Owens, R. Wierschem, Jerry Jenkins, Liz Springer, John Springer, Paul Vineyard, Greg Russell, Polly Dwyer, Jesse Lynch, Peggy Sanford, Merrie Lou Abney, Michael Davis, Danny Cockrell, Mike Dobrovolsky, Arlene Thomas, Woodrow Barton 1. Mayor Called Meeting to Order and led the Invocation, followed by the Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes. February 2, 2004 b) Disbursements Councilman Evans moved to approve the Consent Agenda as presented. Councilman Garza seconded. Motion carried unanimously. 3. Citizen's Input. None. 4. Consider and Possible Action Regarding Budget Amendments to the FY 2002/2003 Budget as Presented by BIII Spore. Amendments are attached. Councilman Garza moved to approve the budget amendments as presented in the workshop by Bill Spore. Councilman Evans seconded. Motion carried unanimously. 5. Consider and Possible Action Regarding Approval of the Fiscal Year 2002/2003 Audit as Presented by BiII Spore. Councilman Higgs moved to approve the audit with the accepted amendments. Councilman Garza seconded. Motion carried unanimously. 6. Consider and Possible Action on Appointment of Auditor for Fiscal Year 2003/2004. Councilman Higgs moved to appoint Bill Spore as the 2003/2004 Auditor. Councilman Garza seconded. Motion carried unanimously. 7. Consider and Possible Action to Utilize Water Tap Fees for the Completion of the Loop from F.M. 455 East to Marion Road l�iorth. Eddie Branham indicated the new well on Utility Road has 600,000 gallons of water. With all of the construction to the East and fire protection needed he felt they should put in a 12 inch looped line. The one that runs to the High School dead ends. To keep from having to purchase more water he would like to utilize the water we currently have. He requested to use tap fees to fund the project. Discussed itemized list and cost estimates. Councilman Garza asked when he wanted to do this. Mr. Branham indicated he would like to get started as soon as possible. Mayor asked how much was in the account. City Secretary indicated $1b8,b58.00, and possibly $10,000A0 more to be deposited this month. Discussed the project and funds needed. Discussed that it will be sent out for bid. City Secretary indicated if they authorize him to go out for bid, it will give them an idea of how much it will cost. City Manager indicated if it is going to be too high, then right now would not be the time to do it. Councilman Evans moved to proceed with the bid process. Councilman James seconded . Motion carried unanimously. 8. Consider and Possible Action on Systemwide Land Use Assumptions and Capital Improvement Plan for the Designated Water/Wastewater Service Areas Under Which an Impact Fee May be Imposed. Tim Glenndenning indicated all of the adjustments have been made that were discussed at the public hearing. Councilman Evans moved to approve the plan as submitted. Councilman Garza seconded. Motion carried unanimously. 9. Consider and Possible Action on Appointment to the Board of Adjustments Jerry Jenkins suggested they consider appointing Mary Ann Pyron, who is the senior alternate at this time. Councilman James moved to appoint Mary Ann Pyron to the Board of Adjustments. Councilman Ervin Seconded. Motion carried unanimously. 10. Consider and Possible Action on Downtown Area/Historical Ordinance. City Manager indicated when this was brought to the Council before, they discussed if the Council wanted to make the requirements voluntary or mandatory. In the downtown area a person who may not want the rebate could put in something that did not match if this was voluntary. The City Attorney suggested creating two areas, one of which would be mandatory and the other voluntary. In the area where it is mandatory a fine could be imposed if the requirements are not met. In the area where it is voluntary, they could give rebates. He felt they should be careful not to make the residential part mandatory. Polly Dwyer indicated she agreed with this plan. She felt the main concern was from 2nd Street to 5th Street on both sides of Bolivar Street, and possibly around the whole square. Discussed re -writing the ordinances. Polly Dwyer indicated she would recommend they go as mandatory as possible. Discussed effective date once an ordinance is approved. Councilman Ervin asked if the City Attorney could re City Manager indicated we will get a good ordinance that the Committee and the Attorney approve of before it comes back to the City Council. Discussion continued. Item tabled for ordinance to be re -written. 11. Consider and Possible Action on Ordinance 002-03-04 -Amending the Metal Building Ordinance. City Manager indicated this ordinance will require the outside of metal buildings to be 100%materials other than metal and wood, and limits those materials to certain items. This will also require these changes in all zoning within 200 feet of the service road as well as all business zoning. Councilman James moved to adopt Ordinance 02-03-04. Councilman Garza seconded. Motion carried unanimously. Caption as follows: ORDINANCE 02-03-04 THAT CHAPTER 3, ARTICLE 3.1700, ��METAL BUII.DINGS", IN THE CODE OF ORDINANCES OF THE CITY OF BANGER, TEXAS, IS HEREBY AMENDED; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE, 12. Consider and Possible Action on Ordinance #02-04-04 - Amending the Park and Open Space Requirements. City Manager indicated the retention or detention ponds used for park and open space will be regulated by the City Council. This will require sidewalks and benches not more than 500 feet apart. Councilman Evans asked that they require trees near the benches. Councilman Ervin indicated he would like to see it written to include the trees and brought back to the Council. He indicated he wanted the areas to be useable for kids to play in. Discussed to require a five foot sidewalk. Councilman Evans indicated he would like the benches to be not more than 300 feet apart. Discussed making the park areas more useable. Discussed placement of trees. City Manager indicated they could ask Mike Dobrovolsky to come up with a list of acceptable trees. Mike Dobrovolsky indicated he would bring them a list. Discussed trees and tree sizes. Discussion continued regarding the ordinance. Item tabled. 13. Consider and Possible Action on Ordinance #02-OS-04 -Amending the City of Sanger Zoning Map. (Sable Creek) Councilman Evans moved to adopt ordinance #02-05-04. Councilman James seconded. Motion carried unanimously. Caption as follows: ORDINANCE #02-05-04 AN ORDINANCE PROVIDING FOR THE AMENDMENT TO THE CENTRAL ZONING MAP OF THE CITY OF BANGER, TEXAS, AND PROVIDING FOR A ZONING CHANGE AND A ZONING CLASSIFICATION FROM AG (AGRICULTURE) AND MF2 (MULTI -FAMILY 2) TO SF7G (SINGLE FAMH,Y 7G) AND B2 (BUSINESS 2) SPECIFICALLY DESCRIBED HEREIN; AND PROVIDING FOR IMMEDIATE EFFECT. 14. Consider and Possible Action on Resolution #02-04-04 and Resolution #02-05-04 - Regarding Collection of Delinquent Taxes on Property Legally Described as the South 78.9 Feet of Lot 1, Block 40, Original Town and Property Legally Described as 2.458 Acres out of Abstract 1241, Tracts 73 and 74. City Secretary indicated these properties have been on a tax sale several times and they have not sold for the amount of taxes owed. This will allow them to sell them at market value instead. At one time the council was interested in one of these properties, there is a map in the packet showing these properties. This will authorize the tax attorneys to start the bid at a lower rate. Discussed access to the Benny Yarrent property. Discussion continued regarding the properties. Councilman Evans moved to adopt Resolution #02-04-04 and #02-05-04. Councilman James seconded. Motion carried unanimously. 15. EXECUTIVE SESSION: In Accordance with Texas Government Code, Subchapter D, Section 551.072 (DELIBERATION REGARDING REAL PROPERTY): a. Discuss Real Estate Matters Mayor convened into executive session at 7:55 pm. 16. RECONVENE into Regular Session and Consider Action, if Any, on Items Discussed in Executive Session. Mayor reconvened into regular session at 8:40 p.m. Councilman James moved to give authorization to the staff to proceed with the items in discussion under executive session. Councilman Evans seconded. Motion carried unanimously. 17. Meeting adjourned. ATTES 4����t�rwu1«urirrr/jar Rosalie Chav z, City -Se , etar' 3 i tI TMA ZouuKincaid