Loading...
05/07/2007-CC-Minutes-RegularMINUTES: CITY COUNCIL MAY 79 2007 PRESENT: Mayor Higgs, Councilman Glenn Ervin, Councilman Robert Patton, Councilman Walker, Councilman Garza OTHERS PRESENT. Councilman James City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez, Billing & Data Processing Supervisor Paula Morales, Electric Superintendent Mike Prater, Kay Van Hauen, KayCee Parrott, Scott Nichol, John Baines, C.P.A., Gary Bilyeu, Thomas Muir, Bill Fuller, Nancy Cooper, Ryan Kane, Carl Sadau, Edsel Sapian, Mona Price, Tom Bojanczyk, Russell Martin, Donny Mack, Dennis Mornow, Roy Wimmer, Merrie Lou Abney, Kim Cox, Ken Wilson, Mike Power, Ben 1VIcQuien. L Mayor Higgs called meeting to order, Rev. Reginald Logan led Invocation, followed by the Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes: Apri116, 2007 -Workshop April 16, 2007 - Minutes b) Disbursements Motion was made by Councilman Ervin to approve consent agenda with correction to be made to the April 16, 2007 minutes Item 7, paragraph 2 on who seconded the motion and approval of disbursements as presented. Seconded by Councilman Walker. Motion carried na unimously. (Note: Correction on the motion on minutes will reflect Seconded by Councilman Ervin . 3. Citizen's Input: Citizens are allowed 3 minutes to speak. The City Council is unable to respond to or to discuss any issues that are brought up during this section. Mr. Olan Underwood, 700 S. 3rd, addressed the City Council concerning a drainage problem that is causing damage to his property. He was upset with his drainage and wants the City to take care of this as soon as possible before he pursues a legal suit. 4. Discussion and Possible Action Concerning Cammie Patton ParkRegulating Use and Hours of this Facility. Reverend Logan, pastor of the Galilee Baptist Church, representing the citizens, neighbors and members regarding Cammie Patton Park, he advised that since the last meeting he has become more educated about this park. He is asking the City Council for their help. In the past ninety days, there have been situations with young men and grown men that come to the park and do not make it available to the neighborhood children. The road that leads to the park gets blocked with their vehicles and their problem is the noise. They would like the park to close at 10*00 p.m. Reverend Logan indicated that Cammie Patton Park is not a city park; however, the park does have equipment on the park that has been donated by the City. He is asking for help and would like the City Council to regulate the use of the park. Since the last Council meeting, they have started an evangelic outreach to confront some of the young men that are using the park. That has proven successful. Rev. Logan would like to limit the use of the park until 10:00 p.m., no alcohol allowed, establish a share court policy and a sign that says no parking on grass. This along with a positive approach from all parties, including the police, will help control the blocking of the road. Rev. Logan's final request was for the City to pursue adverse possession of the park. He gave some information concerning the process of adverse possession. City Manager advised he has sent the requested paperwork to the City Attorney and the City is pursuing what is necessary to acquire ownership. Discussion continued regarding ownership of the park, use of park by citizens, and the time it is used. Councilman Patton moved to proceed with an ordinance regulating the closing of Cammie Patton Park and Community Center Park and any future Community Park at 10:00 p.m. Seconded by Councilman Walker. Motion carried unanimously. 5. Consider and Possible Action on Awarding Bid on Phase I Capital Improvement Bond Project on Indian Springs. Total base bids: Quality Excavation $544,777.00 Ed Bell Construction $584,400.00 Jackson Construction, LTD $6099856.00 McMahon Contracting, LP $614,290.12 Advanced Paving $6369866.60 Reliable Paving $6439308.80 JRJ Paving, LP $6549667.60 Northwestern Construction $6649010.50 Calvert Paving $665,295.00 Dirtco Construction $7079723.27 Jagoe-Public Co. $743,794.00 Austin Bridge & Road $7749360.00 City Manager advised that all performance bonds will be provided once the bid is awarded and there are actual construction plans on the streets. A maintenance bond will be provided upon completion with a two year term. Staff is recommending bid be awarded to Quality Excavation. Motion made by Councilman Garza to approve bid from Quality Excavation in the amount of $544,777.00. Seconded by Councilman Patton. Motion carried unanimously. 6. Receive Report and Consider Action from Citizens in Sable Creek Concerning a Local Builder. Ben McQuien, 4 Sandpiper, addressed the City Council and expressed his understanding that the City cannot do anything regarding Jake Sampson. He is making sure he is on the record that he has approached the City Council with his problems for a solution before he goes to court. Mr. McQuien presented a report conducted by the TRCC for a warranty evaluation. Mr. Sampson received the same report. Mr. McQuien also presented a structural inspection on his home by a third party that failed. His concern was if his home failed the inspection, then how did the City inspector approve it. He cannot get a structural warranty until he gets this inspection. He expressed concerns regarding how it could pass the City inspection, but it can't pass the structural warranty inspection. He explained there might be another issue besides Jake Sampson. Scott Nichol, 95 Highland, moved to Sable Creek in 2005. He has had numerous problems and Mr. Sampson has done nothing to repair the problems. He is a professional reporter who has investigated Mr. Sampson and has discovered some business transactions that seem unethical and he proceeded to disclose that information to Council. His final statement to City Council was that either the press, TV, or radio will be conducting a story and advised he worked for Fox News. Donny Mack, Seaver Builders, expressed that he understands the homeowner's concerns about their builder. He emphasized that TRCC works and emphasized that he understands this is a new commission and 11111038 will tighten up all the loose ends. The homeowner does have a responsibility and that is to conduct a thorough investigation on their home builder. Ben McQuien advised that they have done their research. 7. Discussion from Representatives Regarding the New Electronic Utility Meters. Billy Williams, a certified professional electrical engineer for the State of Texas representing General Electric Metering in the Midwest addressed City Council. Mr. Williams explained the process on how a meter makes it to the industry. There are several governing bodies that regulate the meter performance before it is placed in service. Every meter that is in the public utility market can be traced for accuracy and the standards can be checked all the way to Washington, D.C. All meters must meet a standard before it is allowed to go into the industry. Mr. Williams explained that the meters that were replaced probably had a disk in them that turned. These meters wear out within time due to friction. When these meters are replaced, by solid state meters the accuracy is tremendous. Mr. Williams continued to explain the standard test for meters is made by a company called Scientific Columbus. Again he emphasized that there is a tight government control before a meter is put into service. He discussed the low percentage of a meter possibly failing. In the last ten years that percentage was 0.0290 annually involving millions of meters. Mr. Williams expressed he feels very confident on the accuracy of these meters. He explained that there is a portable test device that can check a meter out in the field for accuracy and the meter can also be sent to a third party for testing. They tested 19 residential meters in Sanger for accuracy and all passed the tolerance level set by NCC12 range from 99.9 to 100% accuracy. Councilman Walker an how many meters are manufactured in a year. Mr. Williams indicated there are five major manufacturers in the U.S. who produce approximately a million meters each. 8. Consider and Possible Action on Service Agreement with John Baines, C.P.A. Concerning Utility Electric Audit. Mr. Baines addressed the City Council and advised he was contacted by Councilman Patton to assist the City in irregularity and concerns regarding utility bills in the City of Sanger. Mr. Baines gave a brief summary of his qualifications. His firm has been established since 1986. He indicated that his plan is to find a contact person within the City, identify the issues that the City Council is looking to address, and once these issues are identified and they obtain consensus among the Mayor and City Council then they could come back and provide a list of things they want him to find out in the citizens billing process. They will establish a time frame for completion, secure written authorization and payment plan approval. The work will begin with a 45 day turn around completion. Councilman Walker asked if the plan is for him to talk to City Council and then set a schedule of receivables and based on that information, will he then formulate an investigation. Mr. Baines indicated once the City Council determines what the firm is to accomplish, then they can develop the population and price associated with doing that work. Councilman Walker inquired as to the cost. Mr. Baines indicated that he serves on a public utility board at the City of Denton and works extensively with utility bills. Mr. Baines response was that the audit would not exceed $20,000.00. They do a random investigation by identifying how large the population is and use industry standards for a population this size, and how many need to be tested. They also look at other cities to see if they had a spike or reduction during that time period. They will determine if this was a pricing issue or usage issue. Mayor Higgs asked what constituted a pricing issue. Mr. Baines indicated they would test the formula, during that time period, from the City's vendor. Councilman Ervin inquired if this audit would include water or sewer. Mr. Baines indicated that the City Council will specify what areas need to be identified. Councilman Walker moved to consider issuing whatever is needed, a work order, to get Mr. Baines started in defining what City Council wants him to look for. x Mayor asked does the motion mean for Mr. Baines to conduct the audit. Councilman Walker indicated that it does not and it is his understanding that Mr. Baines needs to identify what the City Council is looking for and later he will submit a proposal on the cost. Councilman Walker repeated that Mr. Baines stated he will identify the problem areas based on input from City Council. Councilman Patton wanted to add to the motion to pursue with execution of a service agreement. Discussion. Councilman Walker indicated that he does not want to enter into the service agreement until the receivables are identified and cost. Seconded by Councilman Patton. Motion carried unanimously. x* 9. Consider and Possible Action to Adopt Ordinance #OS-15-07 -Amending Ordinance #04- 97 - Article 3.900 Flood Plain Management Regulations. City Manager addressed the requested changes. • Article 4 - Section A - Designation of Floodplain Administrator. The designated floodplain administrator reads the City Manager or their designee. • Article 5 - Section B - Specific Standard, Item 1 and 2 previously read lowest floor to be elevated at or above was changed to read (two feet) or above the base flood level. City Manager also clarified the following sections and recommended that the Zoning Board oI Adjustment remain as the designated Appeal Board. • Article 4 - Section D -Variance Procedures, Item 1 -Designation of Appeal Board designating the Zoning Board of Adjustment (BOA). • Article 5 - Section E - Floodways, Item 5 was added for additional clarification for platting requirements. • Article 5 - Section F - Floodplain Development Section was added for clarification on necessary requirements for development within the floodplain. Councilman Ervin inquired about the storm waters documents that were discussed at the last City Council meeting and asked if the City had received a copy. City Manager indicated that we have not received them yet. Councilman Ervin moved to approve Ordinance #0545-07 - Amending Ordinance #04-97, Article 3.900 Flood Plain Regulations. Seconded by Councilman Walker. Motion carried unanimously. Caption as Follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS AMENDING ARTICLE 3.900 FLOODPLAIN MANAGEMENT REGULATIONS IF IT CONFORMS TO THE FOLLOWING REQUIREMENTS; IN THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, IS HEREBY AMENDED; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. 10. Consider and Possible Action on Appointment of Member to the Planning &Zoning Commission and Other Necessary Appointments to Other Boards. Discussion on appointments and waiting until after the election for new appointments and reappointments. Councilman Ervin moved to appoint Glenn Jensen to the Planning &Zoning Commission. Seconded by Councilman Patton. Motion carried unanimously. 11. Consider and Possible Action on Appointment of Member to the Committee in Negotiating the Development of the 1156.97 Acre Tract Owned by Land Advisors, Ltd., and Located in the City Limits (Tomlin Tract). Mayor recommended Brian Andrus as a consideration for appointment. Discussion. Councilman Ervin indicated that he would lean more on toward having someone from Planning &Zoning to serve on this board. Councilman Ervin moved to appoint Gary Bilyeu to this committee. Seconded by Councilman Walker. Motion carried unanimously. 12. Consider and Possible Action on Resolution #05-08-07 -Regarding Classification of "Outside Display and Sales" and its Compatibility with the Uses Permitted in the Various Districts, and Determining the Zoning District or Districts Within Which Such Use Should be Permitted. City Manager indicated that the City has a business that has playground equipment and small storage buildings on property located at 1200 S. Stemmons. The City does not have a classification for this type of a business. Planning &Zoning recommended this use be allowed with a specific use permit. Discussion on parking accessibility. Councilman Patton moved to pass Resolution #05-08-07 as stated. Seconded by Councilman Ervin. Motion carried unanimously. 13. Consider and Possible Action on Ordinance #0546-07 -Regarding Street Variances in the Extraterritorial Jurisdiction. City Manager indicated staff has revised the ETJ's street variance ordinance with Denton County requirements for private driveways/streets. There were three items that were modified. The development would not serve more than six lots, it is not maintained by the City and does not lie within designated public right of way and no lot shall be less than 1.0 net acre. This was approved by the Planning &Zoning Commission. Discussion. Mayor advised if this property is ever annexed into the City, the City will not maintain the street and the developer is aware of this. If they wanted the City to maintain the streets they have to bring the street up to the City's specification before the City takes over responsibility. Councilman Ervin expressed a concern that he thinks the City will get into trouble if they allow a lower standard on street requirements. Mike Powers addressed the Council and spoke in opposition to this item. Mr. Powers owns two tracts of land. One is a 28 acre tract which adjoins Mr. Sadau's 17 acre parcel and the other is a 40 acre tract. All this is prime property by the lake. He has an option on another 61 acre tract next door which totals 128 acres. He has been working with a high end developer out of Frisco and analyzing and reviewing on whether it is time to develop by the lake. Mr. Powers supported Mr. Sadau m the re -zoning of his property at the Lake Ray Roberts zoning commission from AG or R2 with the thought that his development would be under City of Sanger's standards. His concern is when he develops his 128 acres of high end properties, he will follow the standards that he is required. He opposed the relaxing of the street variances, giving the value of the property by the lake. Mr. Powers gave a scenario of a fire truck getting stuck in a gravel road then property owners coming to and requesting concrete streets. He finalized by opposing this ordinance. Discussion and concerns were expressed. Councilman Garza expressed that twenty years from now these residents will expect a better street. Councilman Garza indicated that this is a step down from City street requirements and later on when this property is annexed these residents will expect a better street. Mr. Sadau, owner of property and resident of Sanger addressed City Council and stated that this is the only way he can develop this piece of property and that he is not a developer. He has some friends who want to be his neighbors. This will be a public road. He has worked with Lake Ray Roberts Planning & Zoning and thought he was making some progress. This road will not be a problem with fire trucks and it has been there since he was born and he would upgrade it to standards. Councilman Ervin inquired if there is a plan for a right of way on the roads. Mr. Sadau's attorney indicated that they plan to do so and land owners will own the right Away from top to bottom and the property owners will have a divided interest. They will maintain the road. 'If the City does annex the property and they want to do anything different, the property owners will need to make a "deal" with the City concerning the road. The owners will own the strip and the City cannot just take their road. The street will not be a concrete road but will be gravel. This is why they are asking for a variance since this is a private drive. They need the City Council to approve the ordinance so they can present a plat. The City Council can have an opportunity to approve or disapprove at the time of submittal of the plat. all Bilyeu, member of Planning &Zoning addressed the City Council and advised that the type of road was never addressed and that was to get them an opportunity to bring their plat submittal. Discussion. Motion was made by Councilman Ervin to approve Ordinance #05-16-07. Seconded by Councilman Patton. Voted for: Voted against: Councilman Ervin Councilman Patton Councilman Garza Councilman Walker Mayor broke the tie vote and voted yes. Motion carried 3-2. 14. Discussion Regarding Code of Ordinances Article 6.1-Weeds, Grass, Rubbish and Other Objectionable Matter and Chapter 8 - Offenses and Nuisances - (Junk Vehicles). Councilman Ervin indicated that he requested this item to be on the agenda and due to the election he is requesting to table this item. 15. Executive Session: Pursuant to Open Meeting Act, Chapter 551, Texas Government Code, Subchapter D, Section 551.072 (Real Estate) Property Acquisition and 551.074 Personnel Matters (City Manager). Mayor convened City Council into executive session at 8:30 p.m. 16. Reconvene: Into Regular Session and Consider Action, if any, on Items Discussed in Executive Session. Reconvened at 9:21 p.m. No action taken from executive session. 17. Possible List of Future Agenda Items. A. Councilman Walker expressed the need to check into the person's home that is being flooded. City Manager advised this will be reviewed without it needing to be on the agenda. B. Councilman Garza inquired about sidewalks over by the bridge and the way they were built. City Manager advised that the sidewalks are constructed in that manner for the water to sheet flow across. I Councilman Walker inquired on the status of the walkway over the bridge and expressed a concern and would like a bike lane on the bridge. Councilman Garza indicated lights would also help. City Manager advised that TXDOT will put in a quarter million dollar extension to the north as the sidewalks are completed. City Manager indicated that the City has done their part by completing sidewalks. Discussion. Ken Wilson expressed a drainage concern in the Southside addition and that these families need help. Staff to put a progress report on these items for the next City Council agenda. 18. Meeting adjourned. ATTEST: +4t14ilillldl!!// Rose Chavez, City Seci Joe Higgs,NVAOr