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09/19/1994-CC-Minutes-RegularMINUTES: City Council Meeting September 19, 1994 MEMBERS PRESENT: Mayor Nel Armstrong, Councilwoman Margie Braxton, Councilman Joe Bell, Councilman Jack Richardson, Councilman Jerry Jenkins and Councilman Tommy Kincaid OTHERS PRESENT: City Administrator John Hamilton, City Secretary Rosalie Chavez, Electric Superintendent Larry Yoast, Police Chief Benny Erwin, Fire Marshal Bob Hagemann, Garland Thornton, John Mears, Gerald Stone, and Glenn Ervin 1. Mayor Armstrong called the meeting to order. Councilman Bell gave the invocation which was followed by the pledge to the flag. 2. CONSENT AGENDA: a}. Approve Minutes b}. Disbursements c}. Proclamation #PF-94 -Fire Prevention Week { 10j9- lOj 15j94} d}. Resolution #R12-94 - Make a Difference Day Motion was made by Councilman Bell to approve Consent Agenda. Seconded by Councilman Kincaid. Motion carried. 3. Citizen°s Input -None 4. Consider and Possible Action Awarding Bank Depository Bid{s} Motion was made by Councilman Richardson to award Bank Depositary Bid to GNB of Sanger far the next two {2) years. Seconded by Councilman Kincaid. Motion carried. 5. Consider and Possible Action to Authorize Library Construction Bids Discussion. Mr. Stone also addressed City Council concerning the proposed project. Motion was made by Councilman Richardson to authorize the advertisement for bids for Phase I Sanger Municipal Library for those four items as listed in the bid's legal notice. Seconded by Councilman Jenkins. Motion carried. 6. Consider and Possible Action Awarding Street Improvement Bid{s} Jahn Mears addressed City Council concerning the Street Improvement Bids. Six Bids were received with XIT Paving being the law bidder at $1,334,742.59. The following bids were received, 9j 19j94, 4:00 P.M.: BID--I) R BAD NG t)JECT l PR DJECT 2 CIJECT 3 PROJECT 4 TOTAL e to 'llow stin Tenth B All -Tex Paving X 3DD 54D,D6D 415,D4B.25 174,747 29D,67D ,4 573.2 2462 Walnut Ridge Dallas, TX 75229 XIT Paving & Constuction X 21D 52D,476.9 384,614.D1 159,178.D8 27D,473.54 13$4,742.59 P. O. Box 495337 Garland, TX 75D49 CC MINUTES 09/ 19/94, PAGE 2 Tiseo Paving Co. X P. 0. Box 270040 Dallas, TX 75227 270 Rebcon, Inc. X 1868 W. Northwest Hwy Dallas, TX 75220 JRJ Paving, Inc. X P. 0. Box 59934 Dallas, TX 75229 Tricon X Services, Inc. P. 0. Box 2867 Garland, TX 75047 Discussion. 535,572.50 588,996 626, 507 525,175 398,214.25 166,096 452,493 404,506.50 208,634 280,765 334,100 338,370 284,150 1,380,647.75 1,660,378 1,389,891.50 Motion was made by Councilman Kincaid to accept XIT Paving and Construction bid at $1,334,742.59 with a 210 day time limit. Seconded by Councilman Bell. Motion carried with three (3) For and two (2) Against - Councilwoman Braxton and Councilman Richardson. 7. PresentationjReport From Consulting Engineers -Wastewater Treatment John Mears, City's Consulting Engineers, presented a report on the probable expansion of the Wastewater Treatment Plant. Discussion. 8. Consider and Possible Action Regarding Resolution #R11-94, Authorizing Submission of a TCDP Application City Administrator stated this Resolution is required for the Texas Community Black Grant Application for proposed Wastewater and Water System Improvements. Discussion. Motion was made by Councilman Jenkins to adopt Resolution #R11-94. Seconded by Councilman Kincaid. Motion carried. 9. Consider and Possible Action Amending FY'93f94 Operating Budget Motion was made by Councilman Jenkins to amend 93/94 Operating Budget to reflect $1,900,000 dollars in Certificates of Obligation Revenues and $205,000 Loan Proceeds to retire the 1986 C.O.'s Revenue and to also transfer $2,008.00 from rent buildings for the new Library site to the Library Development Board. Seconded by Councilman Richardson. Motion carried. 10. Conduct Public Hearing Regarding Adopting Ordinance #011-94, Establishing Ad Valorem Tax Rate far Fiscal Year 94 f 95 Mayor Armstrong declared Public Hearing open. 1Vo one present to speak for or against. Mayor Armstrong declared the Public Hearing closed. 11. Consider and Possible Action Regarding Ordinance #011-94, Establishing Ad Valorem Tax Rate for Fiscal Year 94 j95 '� ` wy Y �Ni ) CC MINUTES �9J 19,�94, PAGE 3 Motion was made by Councilman Kincaid to adopt Ordinance #a 11-94. Seconded by Councilman Jenkins. ORDINANCE NO #a 11-94 AN ORDINANCE OF THE CITY OF BANGER, DENTON COUNTY, TEXAS, LEVYING TAXES FOR THE USES AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF BANGER, TEXAS FOR FISCAL YEAR BEGINNING OCTOBER 1, 1994 AND ENDING SEPTEMBER 3�, 1995 AND PROVIDING FOR THE INTEREST AND SINKING FUNDS FOR THE YEAR 1994 AND APPROPRIATING EACH LEVY FOR THE SPECIFIC PURPOSE; PROVIDING PENALTY AND INTEREST FOR DELIN(,�UENT TAXER; AND DECLARING AN EFFECTIVE DATE. Motion carried. 12. Consider and Possible Action Amending Water Utility Rates Regarding Ordinance #� 13-94, Motion was made by Councilman Jenkins to adopt Ordinance #a 13-94. Seconded by Councilman Bell ORDINANCE NO. #Q 13-94 AN ORDINANCE AMENDING CHAPTER 1Q, SECTION 3A OF THE CODE OF ORDINANCES OF THE CITY OF BANGER, DENTON COUNTY, TEXAS, TO PROVIDE FOR A SCHEDULE OF WATER UTILITY RATES; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Motion carried. 13. Consider and Possible Action Regarding Ordinance #� 14-94, Amending Sewer Service Rates Motion was made by Councilman Kincaid to adopt Ordinance #014-94. Seconded by Councilwoman Braxton. ORDINANCE NO. #014-94 AN ORDINANCE AMENDING CHAPTER 1I3, SECTION 4 OF THE CODE OF ORDINANCES OF THE CITY OF BANGER, DENTON COUNTY, TEXAS, ENTITLED SE'vj7ER SERVICE RATES; ESTABLISHING RATES FOR MULTI -FAMILY DWELLINGS; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Motion carried. 14. Consider and Possible Action Regarding Ordinance #Q21-94, Amending Solid Waste Collection Discussion. Mayor Armstrong stated that Texas Waste has indicated that they will have Consumer Price Index Increase plus aSubtitle D - which concerns the federal mandates regulating disposal of Solid Waste. Since Texas Waste has notified the City regarding the increase, they hope the $1.a0 increase will cover their increase. Motion was made by Councilman Jenkins and seconded by Councilman Kincaid `to adopt Ordinance #021-94. 'L FEXAS, AMENDING SOLID WASTE COLLECTION, SECTION 6.314, OF [HE SANGER CODE OF ORDINANCES; PROVIDING FOR REPEAL OF :)RDINANCES IN CONFLICT; PROVIDING l SEVERABILITY Y. :1ROVIDING A PENALTY CLAUSE,* AND PROVIDING FOR AN AFFECTIVE DATE. Motion serried. 15. Conduct Public Hearing Regarding City of Sanger FY'94/95 Budget Mayor Armstrong declared the Public Hearing open. Mayor Armstrong stated revenues were $3,962,75C and expenditures were the same, indicating a balanced budget. Mayor Armstrong declared the Public Hearing closed. 16. Consider and Possible Action Regarding Ordinance #010-94, Adopting Ordinance for FY' 1994-95 Operating Budget Motion was made by Councilman Jenkins to adopt Ordinance #010-94. Seconded by Councilman Bell. CITY OF BANGER, TEAS ADOPTING THE BUDGET loJ 10/1/94-9/30/95 AN ORDINANCE OF THE CITY OF BANGER, DENTON COUNTY, TEAS, ADOPTING THE BUDGET FOR THE CITY OF BANGER, TEAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1994 AND ENDING SEPTEMBER 30, 1995 PROVIDING FOR THE INTRA AND INTER DEPARTMENT AND FUND TRANSFERS; AND DECLARING AN EFFECTIVE DATE. Motion carried. 17. Consider and Possible Action Regarding Average Billing Discussion. Staff was instructed to proceed with the average billing program and since expenditures is not reflected in the 94-95 Budget Year, Council stated, if needed, budget would be amended at a later date to reflect the change. 18. Conduct Public Hearing Amending Zoning Code Mayor Armstrong gave a brief explanation regarding amending the Zoning Code. The change in the Code is to provide for the "best" use of certain tracts of land in the more mature part of town; since there is a demand far FHA Homes that require single car garage. Mayor Armstrong declared the Public Hearing closed. 19. Consider and Possible Action Regarding Ordinance # 6-94 to Establish Zoning District SF 4-A Cu MINUTES 99/ 19/94, PAGE 5 Discussion concerning height regulations. Motion was made by Councilman Jenkins to adapt Ordinance #06-94 with the reflected change on 12.A.2 Height Regulations. Seconded by Councilman Kincaid. AN ORDINANCE AMENDING THE CITY OF BANGER, fiE AS ZONING ORDINANCE TO AMEND SECTION 3.1 TO ADD A NEW SINGLE FAMILY RESIDENTIAL ZONING DISTRICT 11SF4 A," THROUGH THE AMENDMENT OF SECTION 3.2 "DESCRIPTION AND PURPOSE OF ZONING DISTRICTS," THROUGH THE ADDITION OF SECTION 12.A REGARDING THE NEW DISTRICT, AND THROUGH THE AMENDMENT OF TABLES CONTAINED IN SECTION 26 REGARDING THE USE OF LAND AND BUILDINGS; PROVIDING FOR THE SEVERABILITY OF THIS ORDINANCE; PROVIDING FOR ANY CONFLICTING PROVISIONS; PROVIDING FOR A PENALTY; PROVIDING FOR PROPER NOTICE, AND PROVIDING AN EFFECTIVE DATE FOR THIS ORDINANCE. Amending 12.A.2. Height Regulations: No building shall exceed 16 feet in height. Motion carried. 2a. Consider and Passible Action Regarding Resolution #R8-94 -Zoning District SF 4-A Motion was made by Councilman Jenkins to adopt Resolution #R8-94. Seconded by Councilman Kincaid. RESOLUTION #R8-94 Resolved by the City Council• That Ordinance #a6-94 providing far Zoning District SF 4-A be applied as follows: 1). By request only of the property owner or agent. 2). This zoning classification will only be considered an lots or tracts of land an the east side of I-35 that were originally platted prior to 1980. 3). No new subdivisions will be considered for this Zoning category. Motion carried. 21. Consider and Possible Action Regarding Ordinance #06-94 Amending Cable T. V. Regulation Ordinance Discussion. Item tabled far the next City Council Meeting. 22. Consider and Passible Action Regarding Interlocal Agreement - Denton County Purchasing Department Motion was made by Councilman Richardson to enter into an interlocal agreement with Denton County Purchasing Department. Seconded by Councilman Jenkins. Motion carried. 23. Consider and Possible Action Regarding Interlocal Agreement For Library Service Between City of Saner/Denton County Far 1994-95 Motion was made by Councilman Kincaid to accept Interlocal Agreement for Library Services between City of Sanger and Denton County for 94j95. Seconded by Councilwoman Braxton. Motion carried. Motion was made by Councilman Jenkins to vote for the following, Place 11 - Greg Ingham, Place 12 - Mike McGregor, Place 13 - Nora Chavez, Place 14 - Dick Brown for trustees on Interlocal Risk Pool on TML League. Seconded by Councilman Bell. Motion carried. 25. City Administration Report a}. City Administrator reported that two employees had resigned, Jack Kimmel, a nine year employee and Tony Vega, a three year employee. b}. City Administrator briefly mentioned a possible workshop at the first meeting in November to prioritize possible streets, water, and wastewater improvements for the next five years. 2 . Any tither Such Matters a}. Council asked the Fire Marshall if he could provide a report either monthly or quarterly on the inspections he has conducted. b}. Councilman Kincaid asked the Fire Marshall regarding the Gas Tank situation. Fire Marshall, Bob Hagernann, stated he had inspected the tank and it was cleaned, steamed, and nothing was inside. He also contacted City Health Officer and they both inspected it. Upon this inspection, they both decided at that point that this was not causing the health problems of the family who reported it. The family also contacted E.P.A. and they came down and visited with him concerning the situation. 27. Meeting adjourned. ATTEST: