06/21/2004-CC-Minutes-RegularMINUTES: CITY COUNCIL
JUNE 219 2004
PRESENT: Mayor Tommy Kincaid, Councilman Andy Garza, Councilman Mike Lawler,
Councilman Jimmy Evans, Councilman Joe Higgs, Councilman Glenn Ervin
OTHERS
PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez,
Administrative Assistant/Assistant City Secretary Samantha Renz, Water
Wastewater Superintendent Eddie Branham, Electric Superintendent Mike
Prater, Code Enforcement Officer Danny Cockrell, Randy Bonneau, Elizabeth
Higgs, Laverne Schertz, Jerry Jenkins, Woodrow Barton, Charlotte Summers,
Alice Madden, Russell Madden, Arlene Thomas, Ken Perry, Stephen Howard,
Steve Summers, Joshua Flanagan, Belle Lawson, Michael Davis, Geri Davis,
Bobby Blagg, Ross Calhoun, Nathan Young, Kirk Wilson, Rick Ezzell
1. Mayor called Meeting to Order and led the Invocation, followed by the Pledge of
Allegiance.
CONSENT AGENDA
2. June 7, 2004
a) Minutes
b) Disbursements
Councilman Evans moved to approve the Consent Agenda as presented. Councilman
Garza seconded. Motion carried unanimously.
3. Citizen's Input.
Mayor asked if anyone had lost a key that was found outside of the building.
4. Appointment of Mayor Pro-Tem.
Councilman Evans moved to appoint Andy Garza. Councilman Higgs seconded.
Motion carried unanimously. Councilman Garza abstained.
5. Consider and Possible Action on Presentation by the Keep Sanger Beautiful Board.
Elizabeth Higgs presented the $70,000.00 check to the City Council, that Keep Sanger
Beautiful had been awarded for the Governors Community Achievement Award. They
are extremely happy and excited. Ms. Higgs introduced members of Keep Sanger
Beautiful. She indicated they have been hardworking, motivated, and enthusiastic.
This would not have been accomplished without them. Ms. Higgs thanked the City
Council for their unwavering support, and indicated they could not have had the
success they have had without the trust the Council had put in this board. She gave
them a brochure that had been displayed at the convention in Austin. She, again,
thanked the City Council and City employees. She indicated they had recorded 2,613
volunteers. They had a mass program with the school, and nearly every student
participated. Ms. Higgs discussed the Trash Off, Neighborhood Night Out, and the
numerous volunteers and volunteer hours committed to these projects. She indicated
that for every dollar the City budgeted, Keep Sanger Beautiful had raised $34.00 in
in -kind services. Ms. Higgs gave a letter to the Mayor, and showed certificate from
Governor Rick Perry. She then showed a film from the convention featuring the cities
that had been presented with the Governor's Community Achievement Award.
6. Presentation by Charlotte Summers in regards to a Sewer Complaint.
Charlotte Summers indicated every time it rains they have to worry about water
coming into their home through the City's sewer pipes. They didn't have this problem
until they resurfaced Willow Street last summer. The first incident was in the middle
of the night. There was a heavy rain and they realized there was water in their
bedroom. When they opened the overflow outside, water came gushing out of the pipe.
She indicated she hacl called the city and her call was not returned. A City Employee
came to her home the next day and indicated he was told to do whatever was necessary
to correct the problem. The carpet company came, and they found out the carpet had
to be replaced since it was sewer damage. Two days later, the sewer backed up into the
home again. A few weeks later they had another rain and the same problem occurred.
She wanted the City to see the problem, so she called and once again, no one came out.
Ms. Summers continued to discuss the problem and indicated the City Manager had
indicated to her that he felt the insurance company should pay for the damages or that
the City Council should feel obligated to cover the damages.
Steve Summers indicated it would be a simple solution to run the line out to Eighth
Street. The line goes down low into the City main going out to Willow Street. When
you get any backflow it forces the water back into the pipes. It would be easiest to go
out to Eighth Street. Mr. Summers indicated they are having to live through every rain
strom getting up to relieve the sewer pipe. They don't feel safe about taking vacations
or even going to work. It just takes a minute for it to rain and fill up the pipes.
Council asked what they were asking for.
Ms. Summers indicated they would like the carpet cleaners to be paid, the carpet
replaced, and the line rerouted.
Discussion regarding the repairs on Willow Street.
Councilman Evans indicated he felt the City should take care of the problem.
Councilman Lawler asked why it hasn't been taken care of.
Staff indicated city employees cannot get on private property and TML has indicated
the City is not liable.
City Secretary explained what was sent to the insurance company, and indicated that
there is a clause stating that the City is not liable unless they were negligent.
Councilman Garza indicated he felt the insurance company should cover it, but he
does not want to wait until they have more problems.
Discussion.
City Manager indicated if they replace the line there is still a possibility of this
hannening. If the City goes out there. we are indicating that we feel like we are wrong.
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These people have a horrible situation, but the City did not cause the problem. He did
not want Council to feel that the City is under a legal obligation, because we did not
cause the problem, but it can be corrected. He indicated that he felt the City
employees were doing the best they could.
Discussion.
City Secretary asked if we can hire a contractor to do the sewer line, because if we do
it and if something goes wrong then the City will be liable.
Consensus of Council to take care of the problem.
Councilman Ervin indicated he would like an update once it is completed.
Ms. Summers asked what about the damages.
City Secretary indicated for them to get an estimate for the carpet.
Councilman Garza indicated he would like to get back to the Insurance company to see
if they will pay the claim.
Discussed backflow prevention.
Ms. Summers will bring estimate for the carpet.
City Secretary indicated they will need to sign a waiver of liability to the City.
7. Consider and Possible Action on Downtown Sidewalks.
City Manager indicated the Keep Sanger Beautiful members had been out of town, and
requested this be postponed.
Councilman Evans moved to table the item for the next agenda. Councilman Garza
seconded. Motion carried unanimously.
8. Discuss, Consider and TakeAppropriateActionRegardmg the Proposed Int/35/Chisum
Road Limited Development Agreement. Project is an Estimated 368 Acre Tract
Located North of The City of Sanger.
Councilman Evans moved to deny the agreement. Councilman Garza seconded.
Motion carried 3 to 2. Councilman Ervin and Evans voted no.
Mr. Wilson asked if there was anything they can change in the agreement.
Mehrdad Moayedi indicated he felt it would be nice to at least let them make their
presentation.
Discussion.
Councilman Evans indicated he was against it because the City was not going to get the
electric service, and possibly not the water.
Mr. Moayedi •indicated that when he came before them last time they were asked to do
some things, now they have done them and were not even given the chance to talk.
Councilman Garza indicated his biggest complaint was the lot size, and there are a few
other things he was not happy with.
Discussion.
City Manager indicated they have never had any transfers given to them by CoServ.
They had requested it about two years ago. They were very receptive to trading us
area, but the City does not have any area to trade.
Kirk Wilson thanked the Council.
9. Discuss, Consider and Take Appropriate Action Regarding The Consent For The
Creation of North Denton County Water Control and Improvement District #1 and #2.
10.
Item Tabled.
Consider and Possible Action on Request from Randy Bonneau Regarding Firework
Stand.
City Manager indicated Mr, Bonneau has been working with the city and checking on
the annexations ,the property has been annexed since he made his plans this year.
Discussion.
Randy Bonneau, 3306 Sedona, McKinney TX, apologized for the mess that was there
caused by the storm damage. The wreckage of the buildings stayed out there too long.
He continued to explain his plans for the stand in the future, and how it would be better
maintained. He indicated he had been doing business here for 15 years, he will try to
keep it mowed. He will not allow a single firework to go off. He indicated the ground
was too wet for him to get heavy equipment in there to move those buildings. He
indicated he will do whatever it takes to insure safety.
Councilman Evans indicated there are at least four other stands, they will not be
happy about the city allowing him to be inside the city limits.
Discussion.
Councilman Ervin moved to allow him to do it. Councilman Lawler seconded.
Councilman Garza asked what the legality of the issue was.
Councilman Evans indicated he did not want the Council to go against the ordinance.
He was concerned about setting a precedence. He did not want to allow him to do
something they would not allow others to do.
Councilman Ervin amended his motion to allow the stand only for the period of June
24th to July 4. Motion carried 3 to 2. Councilman Higgs an Councilman Evans voted
no.
11. Consider and Possible Action on Marion Road Water Line Bid
City Manager indicated the bid was approved, but they have not signed anything with
Osage yet. The engineer checked references and they all came back fine.
City Secretary indicated when Wilson Contracting submitted the bid, they did not
submit their references. It was a requirement of the bid that references be submitted,
since they were not submitted they should have been disqualified at that time; however,
the engineer indicated he would contact them and get the references.
Councilman Evans moved to deny all bids.
carried unanimously.
Councilman Garza seconded. Motion
12. Consider and Possible Action on Awarding Vehicle Bid. (Electric Department Truck)
Mike Prater indicated it was a budgeted item.
Discussion.
Mr. Prater indicated this is the best truck on the market for what they do. They spoke
with other companies, and this is a good truck. The bid process is where we get a better
price on the truck.
Councilman Ervin asked what kind of truck it was.
Mr. Prater indicated it was a Derrick Digger, the chassis will probably be
International.
Councilman Ervin moved to award the bid to Altec Industries in the amount of
$120,238.00. Councilman Garza seconded. Motion carried unanimously.
13. Consider and Possible Action on Ordinance #06-17-04 -Amending Inspection Fees.
City Manager indicated this has to do primarily with the plumbing inspector we use.
He is charging us $30.00, we are charging $25.00.
Councilman Garza indicated he did not like the charge for issuing the permit. lin
Denton you can register to be a contractor for no charge.
Discussion regarding the plumbing inspections.
Danny Cockrell indicated the reinspections are his main concern.
Discussion.
Councilman Garza indicated he felt some of the fees were too high.
Councilman Evans moved to approve an ordinance to move the permit fee from $25 to
$30, and to move the reinspection from $30.00 to $50.00. Councilman Garza seconded.
Motion carried unanimously.
14. Consider and Possible Action Regarding the Exterior Facade Requirements on
Residential Dwellings.
Councilman Evans indicted he did not want to go down on the masonry percentage
required, but wanted to require some brick on the second stories.
Steve Howard, Lennar Homes, found out the City had changed the brick ordinance.,
and wanted to give some input to the Council. He asked the Council to clarify how it
is calculated. He continued to explain that he felt 75%brick can make the house seem
more spacious.
Discussed exterior facade requirements.
Mr. Howard indicated he would like a definition of the exterior facade, and would like
the council to consider re -writing the ordinance.
Discussed allowing siding in recessed areas.
Councilman Evans asked what percentage would he suggest.
Mr. Howard indicated he would like there to not be a requirement.
Councilman Evans indicated he did not like all the homes looking the same. When they
started putting in the two story it broke it up some.
Discussed percentages in ordinance.
City Manager indicated he likes to see a little siding, but also would like some
continuity on the second floor.
Discussion.
Mike Lawler moved to table the ordinance. Councilman Ervin seconded.
Jerry Jenkins asked if they would consider allowing the Planning and Zoning
Commission to make a recommendation to the City Council.
Discussion.
Item tabled.
15. Consider and Possible Action on Ordinance #06-07-04 -Requiring Sprinklers and Fire
Alarms on Commercial Buildings.
Councilman Evans moved to approve Ordinance #06-07-01. Councilman Garza
seconded. Motion carried unanimously.
Discussion.
Motion carried unanimously.
16. Consider and Possible Action on Ordinance #06-08-04 -Requiring Sprinkler Systems
in Multi -Family Buildings.
Councilman Evans moved to approve Ordinance #06-08-04. Councilman Higgs
seconded.
City Manager asked if this included duplexes.
Staff indicated it did not.
Danny Cockrell indicated a duplex requires a firewall.
Motion carried unanimously.
17. Consider and Possible Action on Council Members) Attending Training in Austin.
Councilman Ervin moved to allow Councilman Lawler to attend training. Councilman
Garza seconded. Motion carried unanimously.
18. Consider and Possible Action on Repealing Resolution #12-17-98 -Regarding Approval
for Council Members to Travel.
Councilman Ervin indicated he would like to request that this Resolution be repealed.
Jerry Jenkins indicated he supported the motion. He was misinformed when the
motion was made to put this resolution in place. He thought he was doing the right
thing, but he wasn't.
City Secretary indicated the budget controls the expenses anyway.
Councilman Garza indicated he was not sure the City could afford it, he did not want
it to be a vacation. He indicated that he did feel a new councilman should go to
training.
Councilman Evans moved to do away with Resolution 12-17-98. Councilman Higgs
seconded. Motion carried 4 to 1. Councilman Garza voted no.
19. Consider and Possible Action on Appointment of a New Registered Sanitarian for the
City of Sanger Health Inspections.
City Manager indicated the City has had problems with the Sanitarian that we
currently have.
Councilman Ervin moved to appoint Tom Bailey as the Registered Sanitarian for the
City of Sanger. Councilman Garza seconded. Motion carried unanimously.
20. Consider and Possible Action on Board Appointments.
Mayor read the list of appointments and needed volunteers.
Betty Kincaid, and Selina Swaim were recommendations of the Keep Sanger Beautiful.
Councilman Evans moved to reappoint Shelley Ruland, and to appoint Jerry Jenkins
and Mike James to the Planning and Zoning. Councilman Ervin seconded. Motion
carried 3 to 2. Councilman Garza and Councilman Lawler voted no.
Discussed Board of Adjustments appointments.
Discussed Parks Board appointments.
Councilman Garza moved to appoint Bobbye Robinson and John Looper, and reappoint
others that need it to the -Board of Adjustments. Councilman Higgs seconded. Motion
carried unnnimansiv.
Discussed Parks Board.
Councilman Garza moved to reappoint Nathan Ervin and Georgia Royal to the Parks
Board. Councilman Evans seconded. Motion carried unanimously.
Councilman Ervin moved to reappoint Jeanice Newton, and to appoint Selina Swaim
and Betty Kincaid to the Keep Sanger Beautiful Board.
Discussed Library Board Appointments.
Councilman Garza moved to reappoint Francine Sullivan, Beverly Howard, John
Springer and Alice Madden to the Library Board. Councilman Ervin seconded.
Motion carried unanimously.
Councilman Lawler indicated we need new volunteers.
21. Consider and Possible Action on Vacation Time to be Considered "Time Worked" for
City Employees.
City Manager indicated there was an issue when a person was on vacation, and then
called in because of the storm. The employee did not get paid overtime. Would the
Council want to allow them to consider vacation time "time worked".
City Secretary indicated some of the employees are unhappy about not being paid.
Discussion.
Councilman Ervin indicated he felt if we did not treat the employees right, then when
we call they may not come and we can't do anything about it. He felt we should take
care of the employees.
Councilman Ervin moved to consider vacation time as "Time Worked".
Motion died for Iack of second.
City Manager explained it was not a case of being called in on your vacation. It was
just the week they took some vacation days.
Councilman Evans moved to leave it the way it is until budget time, Councilman Higgs
seconded. Motion carried 3 to 2. Councilman Ervin and Councilman Lawler voted no.
22. Meeting Adjourned.
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