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04/06/1998-CC-Minutes-RegularMINUTES: City Council April 6, 1998 PRESENT: Mayor John Coker, Conncilman Tommy Kincaid, Councilwoman Alice Madden, Councilman Mike James, Conncilman Jerry Jenkins ABSENT: Councilman Jimmy Frazier OTHERS PRESENT: City Secretary Rosalie Chavez, Street Superintendent Chuck Tucker, Water/Wastewater Superintendent Eddie Branham, Chief of Police Benny Erwin, Kim McDaniel, Vickie Jenkins, B.J. Ruff, Norrie Rasvdon, Dick Carter, Glen &Wanda Ervin, Jimmy Lou Jackson 1. Mayor Coker Called the Meeting to Order. Councilwoman Madden led the Invocation, which was followed by the Pledge of Allegiance 2. Executive Session pursuant to the Open Meetings Law, Chapter 551, Govt. Code, Vernon's Texas Codes Annotated, in accordance with the authority contained in Govt. Code Section 551.0'74 Personnel Matters. a) Consider and Review Applications for Appointment to City Manager's Position. Mayor Coker convened Council into Executive Session at 6:00 p.m. 3. Reconvene into Regular Session and Consider Appropriate Action, if any, as a result of item discussed in Executive Session. Mayor Coker reconvened Council into Regular Session. a) Mayor Coker advised Council would reconvene into Executive Session after the meeting was over to continue reviewing applicatians ffor appointment of City Manager's position. CONSENT AGENDA 4. a) Approve Minutes b) Disbursements Motion was made by Conncilman Jenkins to Approve Consent Agenda. Seconded by Conncilman Kincaid. Motion Carried unanimously. 5. Citizens Input. Kim McDaniel - 312 Denton Street, addressed Council indicating she had addressed the Building Standards Board about sax month's ago in regards to a house located on the corner of Denton &Marshall streets. The board voted that night to proceed with the condemnation procedures for demolitian. Two months after this action was taken her husband contacted Bob Hagemann to inquire as to the status of the house, Mr. Ilagemaaan indicated that as long as any attempt for repairs were being made they could not proceed with condemnation. Mrs. McDaniel expressed that they want to know the status of this property. They are getting ail the creatures (rodents) coming into their house. There is no one living in the house, and birds fly in and oast of it alfl the time. Mrs. McDaniel CCM 04/06/98 PAGE 2 indicated she feels she has been lied to and it has been six months since the board took action at that time. Mayor Coker asked City Secretary if she knew where the City was on this issue. City Secretary indicated that the Board did discuss condemning the property, - however, Bob Hagemann did inform Mrs. McDaniel correctly by telling her that if the property owner made any improvements to the property then the City could not proceed with the condemnation. Mrs. McDaniel advised that she has tried to contact Bob Hagemann, however, he has not returned her calls. Chuck Tucker indicated he would contact Bob Hagemann and find out the status of this property. Mrs. McDaniel was asked to leave a phone number so she could be contacted tomorrow. 6. Conduct Public Hearing to Consider Replat of property legally described as Lot 1R, Block 4, J.R. Sullivan West Addition, being a replat of Block 4. Mayor Coker Declared Public Hearing Opened. No one was present to speak for or against. City Secretary advised Planning and Zoning had met Thursday of last week and had made their recommendation for approval on the replat of this property. City Secretary advised this is the final stage for the Hughes to begin construction. Mayor Coker Declared Public Hearing Closed. 7. Consider and Possible Action* Approve Replat on property legally described as Lot 1R, Block 49 J.R. Sullivan West Addition, being a replat of Block 4. Motion was made by Councilman James to Accept Recommendation of the Planning and Zoning Commission and Board of Adjustment to Approve this Replat of Lot 1R, Block 4, J.R. Sullivan West Addition, being a replat of Block 4. Seconded by Councilman Jenkins. Motion Carried unanimously. 8. Consider and Possible Action Regarding Property Sold to Mrs. Joy Testa. Mayor Coker addressed this item indicating it is his understanding that Mrs. Testa wants the City to sue the Cathalic Diocese to clear title on this piece of property. Mayor indicated that he thought Mrs. Testa was willing to pay for the legal expenses to have this done. (Note to Minutes: In Mrs. Testa's letter dated March 20, 1998, she indicated after reconsidering her offer she does not think it is her responsibnlfity to pay any additional unexpected expense to cure the title.) Mayor Coker expressed concern in the City of Sanger getting involved, and evidently Mr. Neiman agrees with the Mayor. Councilman Kincaid indicated that the City did everything they were required to do. Mayor Coker also advised the advertisement did not indicate the property would be sold "as is", however, it was his understanding that she was told it was to be sold ';as is", and there would be a cloud on the title. The Mayor reminded the Council CCM 04/06/98 PAGE 3 that there was another offer on this property, and they were willing to buy it as is". This was when they thought Joy Testa was turning it down. Council then agreed to sell it to the other bidder, and this is when Joy Testa came back and indicated she wanted to buy the property "as is". In Mr. Neiman's letter to Mrs. Testa he also refers that the property was being sold as is". City Secretary indicated that she confirmed with Mr. Keesler that he also advised Mrs. Testa of the cloud on the title. The City knew when they accepted the donation from the Diocese that they could never obtain clear title. Councilman Jenkins expressed that the City made every effort to make it known that a clear title dad not exist, and that the City would not be responsible for any closing costs. Motion was made by Councilman Kincaid to instruct City Attorney Ron Neiman to write Mrs. Testa a letter indicating that the property was sold in good faith and the City will not pursue to clear the title. Seconded by Councilman Jenkins. Motion Carried unanimously. Rose instructed to contact Ron Neiman to write Mrs. Testa the letter indicating the property was sold in good faith and she was advised in regards to the cloud on the title, and the City does not want to be involved in this matter any further. 9. Consider and Possible Action Regarding Request from Sanger Chamber of Commerce. Mrs. 5�ickie Jenkins addressed Council in regards to the Chamber of Commerce request for funds from the Hotel ®ccupancy Tax Fund. The Chamber's intent is to use the funds to promote advertising, solicitation, and promotional programs to attract tourists and visitors to Sanger. The Chamber's proposed use of the funds were the following: I) Community Profile and Information Booklet, which would include facts about the lake. This type advertisement would benefit businesses and promote tourism greatly. 2) Special events brochure - a color brochure to be distributed at tourists stations. This would include the advertising of the Annual Sellabration and Fireworks display at Lake Ray Roberts. 3) Promotion of an Antique Trade Show in conjunction with the Sellabration. This would bring visitors to the City. Mayor Coker indicated the City has been collecting aMotel/Hotel Tax for several years and has been placing it in a special fund. These funds can be used for tourism for promotion of the City of Sanger. The Chamber is requesting $10,000 to proceed with their proposal. Discussion followed. The issue that was addressed was the promotion of the brochure in convention centers. CCM 04/06/48 PAGE 4 Motion was made by Councilwoman Madden that since these monies have been set aside to promote tourism that they allow the Chamber to use $10,000 as requested for promotion of Sanger. Seconded by Councilman Kincaid. Councilman Kincaid was concerned that maybe the motion should include more monies than requested to allow for the color brochure. Mayor Coker advised that once the Chamber gets their project started and if they realize more funds will be needed they can always come back to request additional -_ -- funds. Mrs. Jenkins advised that until they get with the advertising firm and find out the actual cost they won't have an accurate cost. Councilman Kincaid advised the brochure needs to be first class to consider possibly promoting it in convention centers. Motion Carried unanimously. 10. Consider and Possible Action Regarding Hunter Associates. Mark Hitl, Hunter Associates, addressed the Council regarding the problem the City has been experiencing ��ith the sanitary system on the south side off town, and the notification from TNRCC the City received that they are in violation of their permit. Mark advised that in working with Eddie, Rose and the Mayor, they have been addressing this situation through correspondence to the Austin and Regional Division informing them of their continued efforts to solve their problems. The basic problem for many years has been the infiltration and '.._flow problems. During high rainfall periods they are receiving quite a bit of flow that is not supposed to be in the sewer system. This has been evident in the treatment plant on the south side of town, and in one particular manhole on the west side of interstate 35. In the new treatment plant design they have allowed for this infiltration/inflow; however, they have to focus on the collection system. Mark Hill indicated back in September they were asked to look at this situation and it was determined at that time that the 8" sewer line which goes underneath Interstate 35 is too small to handle the flows that go through there which is causing the overflow. In early February and March they looked at it again, and he has been working diligently with Eddie. They have done some experiments with the lift station and have determined that the lift station is not the problem. It is tine line under the highway. The flow is just not getting to the lift station to be pumps-sl into the system to the treatment plant. In 1985 there was a study done in that area of an ultimate line going to Duck Creek for the ultimate flow on that drainage basin. Sometime in ®ctober they were looking at an ultimate flow for this drainage basin of 4'/z nnillion gallons per day for a peak flow. In order to handle that size of a flow they are recommending installing an 18" line in parallel with the existing 8" line to provide adequate capacity for development in this area. Mark Hill continued with anticipated project costs. Mark also indicated once they get the 18" under the highway they need to consider replacing another 1,700 feet CCM 04/06/98 PAGE 5 and replacing the existing 8" line between I-35 and lift station with a new 1811 line. Discussed was the submersible pumps in place. Mark Hill also advised that EdtJe, his crew and a company called Infra -Rehab have been working diligently on the west side. They have been repairing manholes that have shown definite signs of inflow. Since this was done they have had a heavy rainfall and they did not overflow. They are also working to get the problems resolved; however, as additional customers come on line, for example the new school, they will begin to pump that peak flow again and eventually they will begin to see the problem recurring again. Mark recommended that the problem be addressed now especially since TNRCC is breathing down our necks, and this will show a good faith effort on the City's part. Councilman Jenkins asked if this would fix our problems. Mark advised this would fix this problem, however, there are still problems throughout the City in regards to infiltration. Mark expressed that right now the overload is at the highway. However, with every rehabilitation project once an area is fixed there could be another area that can cause problems further upstream and ultimately that 8" line .all the way up eventually will have to be replaced. Eddie Branham advised they have run I,500 feet of camera from Austin to I-35 back to the south and there has been no problems. Presently everything west of the highway has an inflow protector. Mayor Coker indicated they have had six (6) manholes that were seeping water, and they had a company come in and seal the insides. Mayor Coker advised Eddie has gone over his budget and will exceed it before the budget year is over. However, the main focus is on the west side of I.35. There are problems on the east side, however, it is not as pressing as on the west side. This project will take approximately $200,000 to proceed. Discussed was TNRCC. Another issue discussed was the completion of this project which would be sometime in July or August. Mark Hill expressed that he hopes if TNRCC sees the continued efforts and if they get under contract to have this work done he anticipates the June rate is not a problem. He hopes the fine will be more of a token fine. The project was discussed in length. Eddie Branham also advised that all the pumps were replaced last year. This eliminates the concern as to how old the pumps are. Mark Hill continued to describe the capacity of the now that can be handled by the existing pumps. Motion was made by Councilman Kincaid to proceed with the recommendation of Hunter Associates to replace the sewer line an west side and coming under Interstate 35 and over to lift station to the bottom of Sanger South. Seconded by Councilman Jenkins. Motion Carried unanimously. CCM 04/06/98 PAGE 6 Mark Hill indicated Hunter Associates will prepare engineering contracts for the City to sign. 11. Consider and Possible Action to Award Fuel Bid. One bid was received From Lynch Food Mart. Unleaded Fuel 51.9 + 6 cents Diesel Fuel 47.9 + 6 cents *NOTE: This bid was lower than last year's almost by one-half. Motion was made by Councilman Jenkins to accept the bid from Lynch Food Mart. Seconded by Councilman James. Motion Carried unanimously. 12. Consider and Possible Action Regarding G & K Uniform Contract. Mayor Coker addressed this item and advised he has visited with the different department heads about this, and they have indicated they are having some problems with the company who provides the uniforms. The company is wanting to go up on their prices, and the department heads are asking Council to cancel this contract. Motion was made by Councilman Jenkins to terminate the contract with G & K Uniforms immediately. Seconded by Councilwoman Madden. Motion Carried unanimously. 13. Consider and Possible Action to Approve Ordinance No. OS-98. CITY OF SANGER TEXAS ORDINANCE NO. OS-98 AN ORDINANCE OF THE CITY OF BANGER, DENTON COUNTY, TEXAS, AMENDING EQUAL PAYMENT PLAN FOR THE PAYMENT OF ELECTRICITY BILLS, SECTION 11.160095 EQUAL PAYMENT PLAN, OF THE SANGER CODE OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Cooker indicated this ordinance had to be amended to coincide with the Incode software. City Secretary advised that before average 1^alling was on the electric service only and was averaged over an eleven (11) month history. Incode's software is designed to average the entire bill, and re -averages every month so at the end there is never a settle up month as with the City's prior billing system. Customers on this plan will not owe Lite City nor will the City owe the customer at any time. Motion was made by Councilman James to Adopt Ordinance No. 05-98. Seconded by Councilman Kincaid. Motion Carried unanimously. CCM 04/06/98 PAGE 7 14. Consider and Possible Action to Appoint Interim Board Member to Board of Adjustment. This item was postponed for the next Council meeting. 15. Consider and Possible Action to Appoint Nei Armstrong as Representative of Sanger to the Upper Trinity Water District. Mayor Coker indicated the City needs someone wh® can protect Sanger's interest. Eddie Branham or himself neither have the time to attend these important meetings with Upper Trinity. Nel Armstrong was very involved in the past and is very familiar with Upper Trinity, and that she will protect Sanger's interest. Mayor Coker indicated that Nel Armstrong is wilting to serve and has the time to be involved where Eddie Branham and himself do not, therefore Mayor Coker made the recommendation to Council that Nel Armstrong be appointed. Motion was made by Councilman Kincaid to Appoint Nel Armstrong as Representative of Sanger to the Upper Trinity Water District. Seconded by Councilwoman Madden. Motion Carried unanimously. 16. Any Other Such Matters. a) Mayor Coker indicated there were some letters in the back of the Council packet. There was a good letter from Eddie Branham to TNRCC, and a TML Legislative update was also enclosed. Councilman James complimented Eddie Branham and his crew for the hard work they are doing on the sewer problems, and for the excellent letter written to TNRCC. Eddie Branham thanked Council and advised that Rose and Mark Hill had helped him. Mayor commended all the department heads and their employees faa• the hard work they all are doing to make everything run smoothly for the City of Sanger. Councilman Kincaid also commended the City employees for their hard work. b) Councilman Kincaid inquired since the bills were sent out late this month that maybe the City should offset the penalty date. Mayor Coker indicated he had visited with Rose, and he thought it should be considered case by case whether to waive the penalties or not. Mayor indicated he had received several compliments on the new bills. or Coker reconvened Council into Executive Session at 8:00 p.m. 3.) a) Mayor Coker reconvened Council into Regular Session at 10:40 p.m. No Action Taken. CCM 04/06/98 1 is Meeting Adjourned. Coker III, Mayor ATTEST: Rosalie Chavez, City S eto PAGE 8