07/19/2004-CC-Minutes-RegularMINUTES: CITY COUNCIL
JULY 199 2004
PRESENT: Mayor Tommy Kincaid, Councilman Jimmy Evans, Councilman Glenn Ervin,
Councilman Mike Lawler, Councilman Joe Higgs, Councilman Andy Garza
OTHERS
PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez,
Water Wastewater Superintendent Eddie Branham, Electric Superintendent
Mike Prater, Code Enforcement Officer Danny Cockrell,
1. Mayor Called Meeting to Order, Councilman Garza led the Invocation, and
Councilman Lawler led the Pledge of Allegiance.
CONSENT AGENDA
2. a) Approve Minutes: May 24, 2004 - Special Called
June 21, 2004
b) Disbursements
Councilman Higgs indicated he was absent at the special called meeting.
Councilman Garza moved to approve the Consent Agenda as corrected. Councilman
Ervin seconded. Motion carried unanimously.
3. Citizen's Input.
None.
4. Consider and Possible Action on Looper Presentation Regarding Drainage Ditch off
of Rising Star Lane.
Jan Looper, 663 Rising Star Lane, addressed the Council regarding this issue. She
indicated she had been before the Council several times regarding this issue. When we
had this last big rain there home was almost flooded. The water gathered in the creek
and would not flow through. She has contacted the City and the County and cannot
get anything done.
Mayor indicated she should contact Commissioner White, and the City will work with
Commissioner White in any way.
City Manger indicated the Commissioner responds faster to citizens, it would be best
for her to contact the Commissioner.
Ms. Looper indicated they did not have anything against development coming in, but
the more development that comes, the more water they have.
Discussion regarding the issue and that Ms. Looper had addressed this issue with the
Council in the past.
Councilman Ervin indicated he felt the City should at least take care of their portion
of the ditch.
John Henderson indicated the engineer had checked into getting the ditch cleaned, and
the cost was outrageous.
Discussion continued.
Councilman Ervin indicated he would like to see this on the next agenda and as an
agenda item so they can make a decision if necessary.
5. Consider and Possible Action Regarding Citizen Complaint at 100 S. 8'" Street.
City Manager indicated this was in regards to the Summers' claim. Attached is the
letter from the attorney. The Summers' submitted an estimate on the carpet, and
Samantha asked Ms. Summers if the City could send someone to give an estimate. Ms.
Summers expressed that she would not allow it. Their estimate was over $41.00/yard.
Councilman Garza asked if this was the same carpet they had.
City Secretary indicated we do not know, because they will not allow us in the house.
Councilman Garza indicated we need more than one bid.
City Secretary indicated the reason this is on here, is because staff needs direction on
how to proceed. If Council will make a motion to get another bid, perhaps they will
allow us to send someone to give us a bid.
Councilman Ervin indicated he felt we should get a minimum of three bids.
Councilman Garza asked if this item was voted on.
City Secretary indicated it was not.
or,
ndicated at the last meeting the Council gave a consensus to take care of this.
Discussion regarding the issue.
Mayor indicated he would like the City to receive a copy of the tape that she claimed
to have.
Discussion regarding the tape.
Councilman Evans moved to direct staff to get three bids from three different
companies, and that they provide the City with a copy of the tape, and come back to
Council for approval of the bids. Councilman Garza seconded. Motion carried
unanimously.
6 Consider and Possible Action on Ordinance #0749-04 - Adopting the 2003
International Building Code.
Danny Cockrell indicated this changes the ordinance from the 2001 International
Building Code to the 2003 International Building Code. Councilman Higgs seconded.
Motion carried unanimously.
7. Consider and Possible Action on Ordinance #07-20-04 -Amending the Sign Regulations
Regarding Off -Site Advertising.
City Manager indicated we have a lot of people advertising off -site. We do not address
this in our ordinance at aIl, if they do not want to allow it, then they should pass this
ordinance. If they want to allow it, then they do not want to pass this ordinance.
Discussion.
Councilman Garza indicated he did not understand the premise of not allowing off -site
signs. He indicated he did not feel they should be allowed on any residential lot.
Discussion continued.
Councilman Evans asked if we can stop the ones that are already there.
City Manager indicated we can not unless they violate a current ordinance.
Councilman Evans moved to adopt Ordinance #07-20-04. Councilman Higgs seconded.
Councilman Ervin indicated the current sign ordinance states "It shall be unlawful to
install, erect, change the use of or maintain any sign, or contract for such service
within the City of Sanger, except in compliance with the provisions of this article and
any other applicable city regulations." Councilman Ervin indicated that it also states
"Development Sign. A temporary accessory sign related to the promotion of new
developments and located on the premises involved in the development" under
definitions.
Mayor indicated that by that ordinance the current signs are illegal.
Discussion.
Councilman Garza asked if the motion can be amended, he felt the ordinance did
prohibit off -site advertising, but felt staff should ask the City Attorney to advise on the
issue.
Mayor called for a vote. Motion failed unanimously.
City Manager indicated staff would check with the attorney.
8. Consider and Possible Action on Ordinance #07-21-04 -Amending the Planned
Development Plan for Brooke Hill Village.
City Manager indicated when they came before the Council, certain things were
required. This is the planned development plan that has been completed.
Mayor asked if this had been to the City Attorney.
City Secretary indicated he had a copy, but we receive the original with his signature
after the Council approves it.
Councilman Ervin asked about the concerns that were expressed on the street and
drainage.
City Secretary indicated those items will be addressed at the time of platting.
Discussion.
Councilman Garza moved to approve Ordinance #07-21-04. Councilman Ervin
seconded. Motion carried unanimously.
9. Discussion Regarding Demand Rate for Large Commercial Electric Accounts.
City Manager indicated Mr. Lambert had come before the Council previously and
requested the City look at it's demand charges. He felt like the demand rate was too
high.
Max Lambert,1803 Teal Wood Lane, Corinth, Texas, addressed the Council regarding
this issue. He gave the Council copies of related documents.
Discussion regarding services at Mr. Lambert's Laundry Mats.
Mr. Lambert indicated he had met with the City Manager and Electric
Superintendent. He was advised to come to the Council with this issue.
Mr. Lambert continued to discuss his electric bill in Sanger compared to his other
locations. He indicated he was considering investing more money in his Sanger
location. He discussed whether or not it was beneficial for Sanger to have a Laundry
Mat.
Councilman Garza asked if this location was all electric.
Mr. Lambert indicated it was.
Councilman Garza indicated the Demand would automatically be more if it was all
electric versus if it was a combination of electric and gas as his other locations are.
Discussion continued.
Discussed how the demand is billed.
Discussion continued regarding Mr. Lambert's businesses.
Discussion regarding electric usage and rates.
Discussion regarding water usage.
Discussion continued.
Mayor indicated he felt it was the consensus of the Council to not go any further with
this discussion, and felt it would not be brought back as an action item at this time.
10. Consider and Possible Action on Awarding Vehicle Bid.
Police Chief, Curtis Amyx, indicated we were able to get in on the state contract this
year. It's possible the price may be even lower.
Discussed funds for purchase of the vehicle.
City Secretary indicated this would replace the vehicle that was wrecked.
Discussion regarding the old vehicles that were sold, the vehicle that was wrecked, and
the insurance payment.
Mayor asked if this vehicle was complete.
Chief Amyx indicated he would have to purchase a light bar.
Councilman Evans moved to award the bid to Capital Chevrolet in the amount of
$169545,00, Councilman Lawler seconded. Motion carried 4 to 1. Councilman Ervin
voted no.
11. Discussion Regarding Purchase/Reseai•ch Regarding Gasoline Tanks.
City Manager indicated the quote they received was one tank split into 10,000 and
6,000 gallon increments instead of two tanks. Two tanks would be much higher. As we
go along, we have to be able to fuel the vehicles 24 hours a day. If the Shell station does
not continue to stay open 24 hours, we would have problems.
Councilman Garza indicated the amount of gallons we were buying did not justify the
expense at this time. He felt there would be more problems by doing this.
Discussion regarding the gas usage and costs.
Councilman Evans indicated he felt it would save money in the long run.
Discussion.
Councilman Garza indicated he was not against the system, he was just against it at
this time.
Councilman Evans indicated he wanted to save the taxpayers money and felt this was
one way of doing.
Councilman Garza indicated he did not feel it would save money, and it would be added
liability to the City.
Discussion continued.
Councilman Evans asked City employees what problems they were having with the
current fuel situation.
Chief Amyx indicated that he sometimes has problems getting to the pumps. Customers
will park a the pumps and go in and visit.
Discussion.
Eddie Branham indicated he had the same problem, access to the pumps at times.
Discussion continued regarding the pumps.
City Manager indicated he talked with the school, and they do not pay any taxes. The
City pays federal taxes.
Discussion continued.
Councilman Garza indicated if he could see that there was a savings he would be in
favor of it.
Discussion continued.
City Secretary indicated she will check with other cities to see what kind of impact this
will have.
12. Consider and Possible Action Regarding Sewer Bore under Interstate 35.
City Manager indicated he was seeking direction on whether they wanted to put this
out for bid, or if the Council preferred the City not pay for it at this time.
Councilman Garza asked who it would be serving at this time.
City Manager indicated no one currently.
Councilman Higgs indicated it was part of the impact study.
Mayor indicated it was discussed that developers may pay part of it.
City Manager indicated the issue is whether or not the City wants to spend the money
to put in the sewer line.
Councilman Garza indicated he felt the developers in that area should pay for this.
Discussion regarding cost.
Councilman Garza indicated he did not see the need to invest the money now to do the
bore.
City Secretary indicated that she had spoken to the City Manager, and he indicated
they could consider just doing the bore, and asking the 4A and 4B Boards to help with
the cost. It cannot be done with the current budget. It was not included in the bonds.
Discussion regarding the bore and funding.
Discussion regarding the new sewer plant.
Mayor indicated he felt if the sewer plant project is started now, the city would be
lucky to get it completed by the time it is needed.
Councilman Evans moved to start bid process on Boring >$-35 from all ditch to bar
ditch. Councilman Higgs seconded.
Discussion continued.
Motion carried 4 to 1. Councilman Garza voted no.
13. Consider and Possible Action Regarding Streets, Sidewalks and Retention Ponds.
City Manager indicated this was one of the agenda items that Council had requested
from the last meeting.
Councilman Ervin indicated he had a list of items for discussion. He indicated Church
and Second Street is a new intersection, and has water standing there. He asked where
the engineering plans were.
City Secretary indicated there were not engineering plans, the engineer came to
Council and showed a map that outlined the plan.
Councilman Ervin asked when would the bond start.
City Secretary indicated it would start after the City accepts the streets, and we have
not accepted them.
Councilman Ervin indicated he would like a list of the streets that were done by Texas
Electric.
Discussion regarding the streets.
Councilman Ervin asked who was following up on the issues at this time.
City Secretary indicated that the engineer, Lee Allison, is working on this project. He
is following up with Texas Electric and working with Osage on these issues.
Discussion continued.
City Secretary indicated the maintenance bond will not start until the City has
accepted the work.
i
Discussion regarding Texas Electric.
Councilman Ervin indicated there was also a problem on Denton and Austin Street
also. He indicated a small car could not get across it.
Discussion.
Councilman Ervin indicated there was a problem on Bolivar Street from Thirteenth to
Fifth Street. There needs to be some work done on the drainage. He would like a
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Councilman Ervin indicated Indian Lane had never been dedicated to the City.
Staff indicated that it has been done.
Discussion regarding the Right of Way.
Councilman Ervin asked about Holt Road.
City Secretary indicated the easements have not been signed. There are issues on that
road. The property owners own both sides of the road, and some of them have
concerns.
Discussion.
Councilman Garza asked if the property could be condemned.
City Manager indicated it could.
Discussion continued.
Councilman Ervin indicated when a new subdivision is built, the City should require
them to improve the road adjacent to their property. He indicated Marion Road was
in bad shape.
City Manager indicated up to the North edge of Ray Stevens' property on Marion
Road, that the property owners own the road on each side. As you go North the deed
filed at the court house brings the property line over to the fence line on Marion Road.
From that point north all of Marion Road is owned by the East side property owner,
Councilman Ervin asked about McReynolds Road where Choice Homes will be
building, and if we could have them improve one side of the road.
City Manager indicated that TXDOT will help fund some of that.
Discussion regarding the road in that area.
Lengthy Discussion continued regarding the streets, drainage and sidewalks.
14. Meeting Adjourned.
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