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10/06/1997-CC-Minutes-RegularMINUTES: City Council October 6, 1997 PRESENT: Mayor Pro-Tem Tommy Kincaid, Councilwoman Alice Madden, Councilman Mike James, Councilman Jimmy Frazier, Councilman Jerry Jenkins MEMBERS ABSENT: Mayor John Coker OTHERS PRESENT: City Administrator Larry Keesler, City Secretary Rosalie Chavez, Street Superintendent Chuck Tucker, Water/Wastewater Superintendent Eddie Branham, Chief of Police Benny Erwin, Electric Superintendent Jeff Morris, James Ward, Pat Kraft, Librarian Vicky Elieson, Fire Chief Craig Waggoner, John &Liz Springer, Prentice Preston, Joey Nabors 1. Mayor Pro-Tem Kincaid Called the Meeting to Order. Councilman James led the Invocation which was followed by Councilman Frazier leading the Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes b) Disbursements Motion was made by Councilman Jenkins to Approve Consent Agenda. Seconded by Councilman James. Motion Carried unanimously. 3. Citizen's Input. Joey Nabors, former employee of the City, addressed Council in regards to a complaint he had with how the employees of the City were treated. Mr. Nabors expressed how he was treated as an employee. He also complained that in the past, City employees were driving the City dumptruck without a CDL License to Denton to get asphalt. He inquired if this procedure was still going on and expressed that he does not want to pay a lawsuit if it is. Mr. Nabors indicated he was lied to and treated badly until he resigned which he has not officially done. He never received his pay raise and the steps he took to get it resolved never got him anywhere. Mr. Nabors expressed that this is the reason the turnover in personnel is so outrageous. 4. Consider and Possible Action Regarding Changes to the Code of Ordinances Section 26 Use of Land and Buildings. Mr. Keesler addressed this item. He indicated that the City has very little property zoned I-l. The largest tract is northeast of Hwy 455 and Sth Street consisting of 106 acres of land with a small area zoned I-1 on the frontage. '�y1VIr. Keesler indicated if someone wanted to build something in I-1 and it fell under Byl or B-2 or B-3 zoning they would have to request a zoning change. Mr. Keesler recommended that someone be allowed to put a B-1, B-2 or B-3 in an I-1 or I-2 district. Councilman Jenkins asked if it would not be easier to re-evaluate the chart list on designated uses. Concerns were expressed in regards to spot zoning by Councilman Jenkins. Discussion continued. John Springer indicated that the advantage that this would give someone is that it would expedite the process, especially for small businesses in not having the cost involved and the delay for requesting a zoning change. CC MINUTES 10/06/97 PAGE 2 Mr. Keesler indicated this is basically for the B4, B-2, and B-3 being allowed to build under I4 or I-2. Mayor Pro -Tern Kincaid indicted that this does not reflect the residential zoning only the business district. Motion was made by Councilwoman Madden to allow B-1, B-2, and B-3 districts be able to build in I4 or. I-2 districts. Seconded by Councilman Jenkins. Motion Carried unanimously. Council made it very clear that this change would not in any way affect the residential zoning, only the business. 5. Consider and Possible Action on Awarding Bid for Two (2) New Trucks. Mr. Keesler advised that only one bid was received from Jim McNatt in the amount of $17,639.39 for each truck. Motion was made by Councilman Frazier to Award the bid to the only bidder, Jim McNatt. Seconded by Councilman James. Motion Carried unanimously. 6. Consider and Possible Action Regarding Contract for Professional Services for Engineering Consulting Services. This item was discussed at length. Issued addressed by Council were: Was it necessary to have an engineer when it involved just painting the water tower? Was the engineer contract for $5,000 too much for this type of service? Is the city locked into using Hunter & Associates for this type of service? Could other engineering firms be contacted to get other possible bids who actually specialize in this type of work? Chuck Tucker indicated that he thought it was almost a requirement to have an engineer for the required inspections that are involved. He also indicated that Hunter Associates did contract with the City for engineering service on the new water tower. Motion was made by Councilman Frazier to table this item until the next Council meeting. Seconded by Councilman James. Motion Carried unanimously. 7. Consider and Possible Action Regarding Interlocal Cooperation Agreement for Library Services with Denton County for 1997-1998 Fiscal Year. Librarian Vicky Elieson addressed this item. She indicated that the contract does have a few differences, mostly in reference to the services provided by the Library which the Library is providing. The per capita is based on population and funding is definitely needed. Motion was made Councilman Jenkins to Approve Interlocal Cooperation Agreement for Library Services with Denton County for 1997-1998 Fiscal Year. Seconded by Councilman Frazier. Motion Carried unanimously. 8. Consider and Possible Action Approving Resolution No. R07-97 Regarding Denton Central Appraisal Districts Proposed Expansion and Renovation. Motion was made by Councilman James to Approve Resolution No. R07-97 Regarding Denton Central Appraisal Districts Proposed Expansion and Renovation. Seconded by Councilman Madden. CC MINUTES 10/06/97 PAGE 3 Motion Carried unanimously. 9. Consider and Possible Action Regarding Building Permits. Chuck Tucker addressed this item and recommended that Council consider that the Plumbing, Mechanical, and Air Conditioning contractors be licensed in the same manner as the Electrical contractors. The Electrical contractors pay a $20.00 fee and post a $19000 Surety Bond. The license is renewed each year, and expires on December 31st of each year. Chuck indicated that presently when a building contractor pulls a permit he pays all the fees; however, they seldom bring their subcontractor to sign the required permits for electric, AC, mechanical and plumbing. The City will not give the Certificate of Occupancy until all signatures are in the file which currently creates delays to the contractor. If the City required them to be licensed just as the electricians then the process will be simplified. Each Constractor would have their signature on file along with a copy of their license. The City would then not require them to sign the permits every time. This will speed up the process and not inconvenience the contractor upon completion to be able to obtain their Certificate of Occupancy. Discussed. Motion was made by Councilman Frazier to require the Plumbing, Mechanical, and Heat & Air Contractors to be licensed on a yearly basis starting January 1, 1998 and pay the same fee as the Electricians. Seconded by Councilman Jenkins. Motion Carried unanimously. 10. Consider and Possible Action to Approve Ordinance No. 11-97 Regarding Water/Sewer Deposit, 11. Consider and Possible Action to Approve Ordinance No. 12-97 Regarding Electric Deposit, 12. Consider and Possible Action to Approve Ordinance No.13-97 Regarding Tampering Fee. 13. Consider and Possible Action to Approve Ordinance No. 1447 Regarding Utility Reconnect Fees. 14. Consider and Possible Action to Approve Ordinance No. 1547 Regarding Electric Service Connections. Items 10, 11, 12, 13 & 14 were approved with one motion. Motion was made by Councilman Jenkins to Approve Ordinances No. 11-97, 12-97, 13-97, 14-97 and 15-97. Seconded by Councilman James CITY OF SANGER, TEXAS ORDINANCE No. #11-97 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING CHAPTER 11, ARTICLE 11.600 AND APPENDIX ARTICLE 25.000(a) OF THE CITY OF SANGER CODE OF ORDINANCES; AND PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND, PROVIDING FOR AN EFFECTIVE DATE, CITY OF SANGER, TEXAS ORDINANCE No. #12-97 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING CHAPTER 11, ARTICLE 11.900 AND APPENDIX ARTICLE 28.000(a) AND (b) OF THE CITY OF SANGER CODE OF ORDINANCES; AND PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND, PROVIDING FOR AN EFFECTIVE DATE. CC MINUTES 10/06/97 PAGE 4 CITY OF SANGER, TEXAS ORDINANCE No. #13.97 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING CHAPTER 119 ARTICLE 11.300 OF THE CITY OF SANGER CODE OF ORDINANCES; AND PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND, PROVIDING FOR AN EFFECTIVE DATE. CITY OF SANGER, TEXAS ORDINANCE No. #14.97 AN ORDINANCE OF THE AMENDING CHAPTER 11, CITY OF SANGER, DENTON COUNTY, TEXAS, ARTICLE 11.1603 AND APPENDIX ARTICLE 30.000 OF THE CITY OF SANGER CODE OF ORDINANCES; AND PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND, PROVIDING FOR AN EFFECTIVE DATE, CITY OF SANGER, TEXAS ORDINANCE No. #15.97 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING CHAPTER 11, ARTICLE 11.700 AND APPENDIX ARTICLE 26.000 OF THE CITY OF SANGER CODE OF ORDINANCES; AND PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND, PROVIDING FOR AN EFFECTIVE DATE, Motion Carried unanimously. Councilman Frazier asked again about possibly moving up the billing date and cutting down on the length of time given on the extensions. City Secretary advised that the reason that the City gives the length of time they are now doing is to comply with PUC Regulations. City Secretary advised that possibly when the City took over the system in 1984 from Brazos they were operating under the PUC Guidelines and Regulations. The City then possibly adopted what was already in place. City Secretary indicated the utility bills can be mailed out earlier; however it does not change the time the bills are due or when they get disconnected for non payment. This month they were mailed out earlier, however the due dates were still the same. Council again discussed moving the due date on the loth and moving the cut-off date up 5 days. City Secretary indicated staff was a lot stricter this month on cut offs. However, most of those disconnected came in later that same day and reconnected. Councilman Frazier indicated his concern was to cut down on the time period on these customers who move out. ibly Keesler advis Mr.. ed the new utility billing system will be installed this year and posscould improve some of the problem. 15. Any Other Such Matters, 1) Mr. Keesler asked if anyone was going to attend the TML Conference being held in Ft. Worth. He made reservations for everyone for hotel accommodations to hold the room which was $100 for each member. The Council members all indicated they would not need the hotel accommodationsif they attended. Mr. Keesler advised he would call tomorrow to cancel to get our monies refunded. CC MINUTES 10/06/97 PAGE 5 2) Jeff Morris addressed Public Power Week - which recognizes public utility that are basically owned by the citizens. It is not investor owned or co-op type owned utilities. The reason they are doing it this year is due to the competition. Jeff plans to make the citizens aware of where public power is headed. Mayor Pro -Tern Kincaid proceeded to read the Proclamation to the audience. 3) Councilman Jenkins indicated that during the citizen's input earlier in the meeting a reference was made by Mr. Nabors in regards to unlicensed drivers. In the rules and regulations all City employees must have required CDL license for the vehicles they drive. Councilman Jenkins asked City Administrator to make sure he check into this issue. Councilman Jenkins also advised that about two meeting ago Lone Star Gas come to Council to obtain a request. Councilman Jenkins stated Lone Star Gas finished the work today. Mr. Keesler advised he will call Mr. Cunningham tomorrow. 4) Mayor Pro-Tem Kincaid indicated that someone needs to get out real early in the morning to catch the dogs running loose. Mayor indicated animal control needs to address this before it gets to be a real problem. S) Councilman James indicated to staff that he would like a citation to be issued to the property owner who has property on the corner of Acker and 455. This property is in violation of 6.101, 6.102 & 7.101. It is an eye sore and there are piles of equipment sitting on the site. Mr. Keesler advised that the Fire Marshall is presently working on this problem already. 16. Adjourn. Motion was made by Councilman Jenkins to Adjourn. Seconded by Councilman James. Motion Carried unanimously. W. Coker III, Mayor WS ATTEST: Rosalie Chavez, City