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08/06/2007-CC-Minutes-RegularMINUTES: CITY COUNCIL August 6, 2007 PRESENT: Mayor Higgs, Councilman Muir, Councilman Ervin, Councilman Patton, Councilman Garza ABSENT: Councilman Walker, City Secretary OTHERS RE, City Manager Mike Brice, Administrative Secretary Tami Taber, Engineeri Eng Coordinator Sam Renz, Electric Superintendent Mike Prater, Vehicle Maintenance Supervisor Kristian Lindburg, City Engineer Rob Woods, Kim Cox, Jack & Billye Hollingworth, Russell Martin, Barbara Martin, C.G. McNeill, Bret Chance, Alice Madden, Bill Fuller, Glenn Jensen, Ralph Cain, Elizabeth Higgs, Yvonne Cain, Carolyn Frazier, Steve Koch, Trisa Koch, Bobby Swan, Michael Dill, David Manning 1. 3. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor called meeting to order, Councilman Muir led the Invocation followed by the Pledge of Allegiance. Mayor introduced the new City Manager, Mike Brice. CONSENT AGENDA a) Approve Minutes: July 16, 2007 -City Council Councilman Muir made motion to approve minutes. Seconded by Councilman Garza. Motion carried unanimously. b) Disbursements Councilman Patton made motion to approve disbursements. Councilman Ervin seconded. Motion carried unanimously. Citizen's Input: Citizens are allowed 3 minutes to spealt. The City Council is unable to respond to or to discuss any issues that are brought up during this section. Carolyn Frazier, President of Keep Sanger Beautiful, addressed City Council and introduced members Alice Madden, Yvonne Cain and Elizabeth Higgs. Carolyn read a proclamation signed by Governor Perry and advised that this was the third time that Sanger had won this award. This year the board received $70,000. Ms. Frazier also advised that each year, the Beautification Board is asked to donate one item to be auctioned off and Russell Martin made an iron Texas star, the last known bid on that item was $165.00. She thanked Mr. Martin. Mayor thanked the Keep Sanger Beautiful Board. 4. Consider and Possible Action Regarding Construction of Indian Lane. Councilman Patton indicated he had an issue waiving the required fourth lane. Councilman Garza indicated he also had an issue with the developer not constructing the fourth lane, and felt it would be more cost effective to do it at this time, rather than having to do it in the future. Cpuncilrnan Patton agreed with Councilman Garza. Councilman Ervin asked the City Manager to check into the original plans when Sanger High School was built. City Engineer, advised that the final plat was approved by the City Council as three lanes only. City Manager indicated staff would get additional information and bring back to next City Council meeting. 5. Consider and Possible Action on Request from Steve Koch's Property Legally Described as N.L. Hobbs, Block 5. Steve Koch addressed the City Council and handed out copies of a bid to the Council regarding a proposed lift station. The bid amount was $22,000 and covers parts only. Mr. Koch would like the City to waive tap fees. Mr. Koch and David Manning will only be using 22% of the lift station and it will pick up additional area, possibly up to the end of the apartments. D#scussed the additional area it would service and that the total cost would be about $751000.00. Councilman Ervin asked about the yearly upkeep cost of the lift station. City Engineer indicated it would be about $8500.00 per year. 1V�r. loch advised that he is in the Bolivar Water CCN and wants fire protection and asked if he could buy out or get dual certification. �lNet}ssed Fire Hydrants. )IF, och indicated he will put in a lift station and scads system at his cost. City Manager discussed the impact of the cost to the City's budget and now the City would recoup the $96,000 for the taps and expressed what kind of precedent would the City be setting when this is the developers' costs. Councilman Garza asked what the ordinance states regarding developers bringing in sufficient sewer lines, and indicated there was a provision for a pro -rate agreement. City Manager expressed that the impact (tap) fee is there for a reason. Discussed annexation of the property and service agreement. David Manning addressed the City Council and explained that he did not fight the annexation of his 17 %2 acres in the county. He spoke to the previous City Manager, Jack Smith, and told him that he wanted sewer. Mr Smith advised that it was not a problem. He is now very displeased and feels like he was mislead. Mr. Koch brought up that in the past fees were waived in the addition on Holt and Keaton and feels that the precedent has already been set. Mr. Koch inquired if there was any way to negotiate. Discussion on development and lift station. Councilman Garza indicated this wouldn't be a problem if all the land was developed at the same and all of the costs could be shared. Councilman Garza inquired as to what ordinance was in place now regarding pro-rata agreements. Staff indicated if a developer over -sizes for surrounding property, when new development ties in, they pay a portion of the cost, this applies for 10 years after the initial improvements are installed. The developer pays the City and the City reimburses the initial developer. Discussed pro -rats agreement, lift station, and TCEQ requirements. Councilman Patton moved to table this item until the next City Council meeting so that staff could do some further studies. Seconded by Councilman Ervin. Motion carried unanimously. 6. Consider and Possible Action on Ordinance #08-28-07 -Amending the Speed Limit in the Quail Run Subdivision. Glenn Jensen,129 Maned, addressed the City Council and expressed that he would like to see the speed limit reduced to 20 mph due to crowded streets and parking on both sides of the street. Bret Chance, 321 Deer Run, addressed the City Council and expressed that he would also like to see the speed limit reduced to 20 mph due to numerous speeders. Allen Stevens, 301 Deer Run, addressed the City Council and expressed that parking on the sidewalks was an issue which forces small children into the street and requested help from the police department to enforce this. Councilman Muir made a motion to approve Ordinance #08-28-07 as presented reducing the speed limit to 25 mph. Councilman Patton seconded. Motion carried unanimously. Caption as follows: AN ORDINANCE OF THE CITY OF BANGER, DENTON COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF SANGER BY ADDING SECTION 12.505(20) AS A SPECIAL SPEED ZONE, SETTING THE SPEED LIMIT IN QUAIL RUN SUBDIVISION (ALL PHASES) AT 25 MPH; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT, PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. 7. Consider and Possible Action on Ordinance #08-29-07 - Abandoning Easements in the Sanger Mobile Home Park. City Manager discussed that we have a meter at the street for the entire mobile home park and that this is the not the City's responsibility. Councilman Garza advised that back in 1989, the City bought the easements for $1.00. Councilman Patton inquired that the agreement with the mobile home park was done prior to the current owner and wanted to know if that agreement transfers to the new owner. Councilman Ervin advised that this is the third time he has sat through this issue while on Council and agrees that the City needs to abandon the easements. Carroll McNeill addressed the Council and stated that this agreement was done in 1989. In August 2005, he sold the mobile home park, he felt the City owned the lines through that park, and that the park owned the lines from the street to the mobile homes. Discussion. Councilman Ervin made a motion to approve Ordinance #08-29-07. Councilman Patton seconded. Motion carried 34. Councilman Garza voted no. Caption as follows: AN ORDINANCE OF THE CITY OF 5ANGER1 TEXAS, ABANDONING WATER AND SANITARY SEWER LINE EASEMENTS AS MORE PARTICULARLY DESCRIBED IN EXHIBITS "A" THROUGH "L" ATTACHED TO THE ABUTTING OWNER; PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING IN THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, AS A QUITCLAIM DEED OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. 8. Consider and Possible Action on Ordinance #08-30-07 -Amending the Comprehensive Zoning Map of the City of Sanger. Councilman Ervin made a motion to approve Ordinance #08-30-07. Councilman Muir seconded. Motion carried unanimously. z Caption as follows: AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND CENTRAL ZONING MAP, AS HERETOFORE AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM SF3 TO 2F ON LOT 11D, BLOCK 9, SHIRLEY ADDITION; BY CHANGING THE ZONING CLASSIFICATION FROM AG TO B2 ON LOTS 14, BLOCK A, N.L. HOBBS ADDITION; BY CHANGING THE ZONING CLASSIFICATION FROM AG TO Il ON 1.324 ACRES, TRACT 4A, BURLESON SURVEY, ABSTRACT 71A (COWLING ROAD) AND ON 38.9214 ACRES (TRACT 108)9 41.109 ACRES (TRACT 110), AND 50.0 ACRES (TRACT 111) IN THE REUBEN BEBEE SURVEY, ABSTRACT 29, DENTON COUNTY, TEXAS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($29000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. 9. Consider and Possible Action on Ordinance #08-31-07 -Amending the Large Commercial and Municipal Electric Rates. Staff advised that Brazos bills the City of Sanger the average of the months of June, July, August and September, but if the demand hits higher than the average, they bill the higher amount that cycle. The City currently bills the average of those same summer months, this ordinance will allow us to bill the higher amount if a customer hits a higher demand than that average. Councilman Patton made a motion to approve Ordinance 08-3147. Councilman Garza seconded. Motion carried unanimously. i Caption as follows. THAT APPENDIX A "FEE SCHEDULE", OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, IS HEREBY AMENDED BY AMENDING ARTICLE 4.000 "UTILITY RELATED FEES", SECTION 4.405 LARGE COMMERCIAL RATE AND SECTION 4.408 MUNICIPAL SERVICE LIGHTING RATE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10. Consider and Possible Action on Ordinance #08-32-07 -Amending the Itinerant Merchants Ordinance. Samantha Renz addressed the Council, she indicated this ordinance would add the requirement for a background check before a permit is issued to a solicitor. This is for the safety of our citizens. Councilman Muir inquired as to what level of criminal record will the City issue a permit or not issue one. City Manager felt it was best to leave it a little vague, and let staff decide. Some things classified as a higher offense, may not be harmful to an individual. Councilman Muir made a motion to approve Ordinance #08-32-07. Councilman Ervin seconded. Motion carried unanimously. Caption as follows: AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING CHAPTER 41 ARTICLE 4.200 "ITINERANT MERCHANTS, PEDDLERS AND VENDORS", OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, BY ADDING SECTION 4.204(9) REQUIRING AUTHORIZATION FOR A BACKGROUND CHECK WITH THE PERMIT APPLICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE 11. Consider and Possible Action on Ordinance #08-33-07 -Prohibiting Parking in Certain Areas. Bret Chance, 321 Deer Run, addressed the Council regarding parking problems in the Quail Run subdivision and indicated he would to have parking on the street restricted at certain times. He felt this would be better than a blanket restriction. Glenn Jensen,129 Maned, addressed the Council and he would like to see something more comprehensive, perhaps an ordinance prohibiting over -night parking on City streets. In his research, he has found that this lowers crime and removes anonymous vehicles from the neighborhood. He also felt they should prohibit illegal commercial vehicles parking in drive -ways. This would allow home owners to be able to park their vehicles off of the street. Allen Stevens, 301 Deer Run, addressed the Council and expressed that if vehicles were forced to park on one side of the street that will only cause vehicles to double up in driveways and block the sidewalks even more. Councilman Ervin made motion to approve Ordinance #OS-33-07 excluding Section 1, item (e). Councilman Patton seconded. Motion carried unanimously. Caption as follows: AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING CHAPTER 12 "TRAFFIC AND VEHICLES" THE CODE OF ORDINANCES OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, BY AMENDING SECTION 12.603 PROHIBITING PARKING IN CERTAIN PLACES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. 12. Consider and Possible Action on Resolution #08-11-07 -Setting Date, Time and Place for Public Hearings on Proposed Annexations. Councilman Ervin made a motion to approve Resolution #08-11-07. Seconded by Councilman Garza. Motion carried unanimously. 13. Consider and Possible Action Regarding Issues on Indian Springs. City Engineer advised that the second half of Caddo has been poured and is to be open by tomorrow. The east side should be open by Friday. He also advised that a third party has been hired for the drainage analysis. Bobby Swan, 207 Osage, addressed the Council, he indicated since they have started back, the improvements are proceeding quickly. He is concerned they will finish before the drainage problems can be addressed. He would rather them work on a different portion so they can make sure whatever is needed for it to drain properly is put in place before it is completed. Lengthy discussion regarding drainage. Mayor indicated that he would let the engineer work that issue out. 14. Consider and Possible Action Regarding Marion Road Water Line. Mayor indicated that he wanted to strike this item from the agenda. Councilman Garza expressed that he wanted to discuss it. He expressed that the previous City Manager Jack Smith approved change orders without the City Council's knowledge, then money was fronted to the contractor before any work was done or proper bonding in place. The contractor is now going through bankruptcy. Councilman Garza also indicated that there was a letter dated February 9, 2007, from the City Attorney and that the City Council was never made aware of that. 15. Executive Session: Pursuant to Open Meetings Act, Chapter 551, Texas Government Code, Subehapter D, 551.072; Deliberation about Real Property. Mayor convened Council into Executive Session at 9:05 P.M. 16. Reconvene: Regular Session and Consider Action, if any, on Items Discussed in Executive Session. Mayor reconvened Council into regular session at 9:56 P.M. Councilman Patton made a motion to authorize City Manager to negotiate on price of vacant lots. Seconded by Councilman Ervin. Motion carried unanimously. 17. Possible List of Future Agenda Items. None. 18. Meeting adjourned. ATTEST: min oe Higgs, M Rose Chavez, City