Loading...
06-08-04-Ordinance-Regulation of Water Sprinklers and Stand Pipes-06/21/2004ORDINANCE 06-08-04 THAT CHAPTER 3, OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, IS HEREBY AMENDED BY ADDING AN ARTICLE, TO BE NUMBERED ARTICLE 3.2200 REGULATING WATER SPRINKLERS AND STAND PIPES IN MULTI -FAMILY RESIDENTIAL BUILDINGS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That Chapter 3 of the Code of Ordinances, City of Sanger, Texas, is hereby amended by adding an article, to be numbered Article 3.2200, which said article shall read as follows: " ARTICLE 3.2200 WATER SPRINKLERS AND STAND PIPES REQUIRED IN MULTI -FAMILY RESIDENTIAL DWELLINGS A. This article establishes water sprinkler requirements for newly constructed Multi - Family Residential buildings in the City of Sanger. B. All newly constructed Multi -Family Residential buildings must have water sprinklers throughout the attic. C. All newly constructed Multi -Family Residential buildings that are three (3) stories or more must have water sprinklers throughout the attic and stand -pipes on each landing as required by the Uniform Fire Code. D. All newly constructed Multi -Family dwellings must have outside visual and audible fire alarms on the exterior of the building." Section 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. Section 4. Any person, firm, or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in Section 1.109 of this Code. Section 5. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPROVED, AND ADOPTED, this the 21 st day of June A.D., 2004, by the City Council of the City of Sanger, Denton County, Texas. APPROVED: Tommy Kincaid, Mayor ATTEST: Rosalie Chavez, City Secretary APPROVED AS TO FORM: CITY ATTORNEY ORDINANCE 06-08-04 THAT CHAPTER 3, OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, IS HEREBY AMENDED BY ADDING AN ARTICLE, TO BE NUMBERED ARTICLE 3.2200 REGULATING WATER SPRINKLERS AND STAND PIPES IN MULTI -FAMILY RESIDENTIAL BUILDINGS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. DULY PASSED, APPROVED, AND ADOPTED, this the 21 st day of June A.D., 2004, by the City Council of the City of Sanger, Denton County, Texas. Tommy Kincaid MAYOR ATTEST: Rose Chavez CITY SECRETARY MINUTES: CITY COUNCIL, DUNE 21, 2004 PRESENT: Mayor Tommy Kincaid, Councilman Andy Garza, Councilman Mike Lawler, Councilman Jimmy Evans, Councilman Joe Higgs, Councilman Glenn Ervin OTHERS PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez, Administrative Assistant/Assistant City Secretary Samantha Renz, Water Wastewater Superintendent Eddie Branham, Electric Superintendent Mike Prater, Code Enforcement Officer Danny Cockrell, Randy Bonneau, Elizabeth Higgs, Laverne Schertz, Jerry Jenkins, Woodrow Barton, Charlotte Summers, Alice Madden, Russell Madden, Arlene Thomas, Ken Perry, Stephen Howard, Steve Summers, Joshua Flanagan, Belle Lawson, Michael Davis, Geri Davis, Bobby Blagg, Ross Calhoun, Nathan Young, Kirk Wilson, Rick Ezzell 1. Mayor called Meeting to Order and led the Invocation, followed by the Pledge of Allegiance. CONSENT AGENDA 2. June 7, 2004 a) Minutes b) Disbursements Councilman Evans moved to approve the Consent Agenda as presented. Councilman Garza seconded. Motion carried unanimously. 3. Citizen's Input. Mayor asked if anyone had lost a key that was found outside of the building. 4. Appointment of Mayor Pro-Tem. Councilman Evans moved to appoint Andy Garza. Councilman Higgs seconded. Motion carried unanimously. Councilman Garza abstained. 5. Consider and Possible Action on Presentation by the Keep Sanger Beautiful Board. Elizabeth Higgs presented the $70,000.00 check to the City Council, that Keep Sanger Beautiful had been awarded for the Governors Community Achievement Award. They are extremely happy and excited. Ms. Higgs introduced members of Keep Sanger Beautiful. She indicated they have been hardworking, motivated, and enthusiastic. This would not have been accomplished without them. Ms. Higgs thanked the City Council for their unwavering support, and indicated they could not have had the success they have had without the trust the Council had put in this board. She gave them a brochure that had been displayed at the convention in Austin. She, again, thanked the City Council and City employees. She indicated they had recorded 2,613 volunteers. They had a mass program with the school, and nearly every student participated. Ms. Higgs discussed the Trash Off, Neighborhood Night Out, and the numerous volunteers and volunteer hours committed to these projects. She indicated that for every dollar the City budgeted, Keep Sanger Beautiful had raised $34.00 in in -kind services. Ms. Higgs gave a letter to the Mayor, and showed certificate from Governor Rick Perry. She then showed a film from the convention featuring the cities that had been presented with the Governor's Community Achievement Award. 6. Presentation by Charlotte Summers in regards to a Sewer Complaint. Charlotte Summers indicated every time it rains they have to worry about water coming into their home through the City's sewer pipes. They didn't have this problem until they resurfaced Willow Street last summer. The first incident was in the middle of the night. There was a heavy rain and they realized there was water in their bedroom. When they opened the overflow outside, water came gushing out of the pipe. She indicated she had called the city and her call was not returned. A City Employee came to her home the next day and indicated he was told to do whatever was necessary to correct the problem. The carpet company came, and they found out the carpet had to be replaced since it was sewer damage. Two days later, the sewer backed up into the home again. A few weeks later they had another rain and the same problem occurred. She wanted the City to see the problem, so she called and once again, no one came out. Ms. Summers continued to discuss the problem and indicated the City Manager had indicated to her that he felt the insurance company should pay for the damages or that the City Council should feel obligated to cover the damages. Steve Summers indicated it would be a simple solution to run the line out to Eighth Street. The line goes down low into the City main going out to Willow Street. When you get any backflow it forces the water back into the pipes. It would be easiest to go out to Eighth Street. Mr. Summers indicated they are having to live through every rain Strom getting up to relieve the sewer pipe. They don't feel safe about taking vacations or even going to work. It just takes a minute for it to rain and fill up the pipes. Council asked what they were asking for. Ms. Summers indicated they would like the carpet cleaners to be paid, the carpet replaced, and the line rerouted. Discussion regarding the repairs on Willow Street. Councilman Evans indicated he felt the City should take care of the problem. Councilman Lawler asked why it hasn't been taken care of. Staff indicated city employees cannot get on private property and TML has indicated the City is not liable. City Secretary explained what was sent to the insurance company, and indicated that there is a clause stating that the City is not liable unless they were negligent. Councilman Garza indicated he felt the insurance company should cover it, but he does not want to wait until they have more problems. Discussion. City Manager indicated if they replace the line there is still a possibility of this happening. If the City goes out there, we are indicating that we feel like we are wrong. These people have a horrible situation, but the City did not cause the problem. He did not ,want Council to feel that the City is under a legal obligation, because we did not cause the problem, but it can be corrected. He indicated that he felt the City employees were doing the best they could. Discussion. City Secretary asked if we can hire a contractor to do the sewer line, because if we do it and if something goes wrong then the City will be liable. Consensus of Council to take care of the problem. Councilman Ervin indicated he would like an update once it is completed. Ms. Summers asked what about the damages. City Secretary indicated for them to get an estimate for the carpet. Councilman Garza indicated he would like to get back to the Insurance company to see if they will pay the claim. Discussed backflow prevention. Ms. Summers will bring estimate for the carpet. City Secretary indicated they will need to sign a waiver of liability to the City. 7. Consider and Possible Action on Downtown Sidewalks. City Manager indicated the Keep Sanger Beautiful members had been out of town, and requested this be postponed. Councilman Evans moved to table the item for the next agenda. Councilman Garza seconded. Motion carried unanimously. 8. Discuss, Consider and Take Appropriate Action Regarding the Proposed Int/35/Chisum Road Limited Development Agreement. Project is an Estimated 368 Acre Tract Located North of The City of Sanger. Councilman Evans moved to deny the agreement. Councilman Garza seconded. Motion carried 3 to 2. Councilman Ervin and Evans voted no. Mr. Wilson asked if there was anything they can change in the agreement. Mehrdad Moayedi indicated he felt it would be nice to at least let them make their presentation. Discussion. Councilman Evans indicated he was against it because the City was not going to get the electric service, and possibly not the water. Mr. Moayedi indicated that when he came before them last time they were asked to do some things, now they have done them and were not even given the chance to talk. Councilman Garza indicated his biggest complaint was the lot size, and there are a few other things he was not happy with. Discussion. City Manager indicated they have never had any transfers given to them by CoServ. They had requested it about two years ago. They were very receptive to trading us area, but the City does not have any area to trade. Kirk Wilson thanked the Council. 9. Discuss, Consider and Take Appropriate Action Regarding The Consent For The Creation of North Denton County Water Control and Improvement District #1 and #2. Item Tabled. 10. Consider and Possible Action on Request from Randy Bonneau Regarding Firework Stand. City Manager indicated Mr. Bonneau has been working with the city and checking on the annexations, the property has been annexed since he made his plans this year. Discussion. Randy Bonneau, 3306 Sedona, McKinney TX, apologized for the mess that was there caused by the storm damage. The wreckage of the buildings stayed out there too long. He continued to explain his plans for the stand in the future, and how it would be better maintained. He indicated he had been doing business here for 15 years, he will try to keep it mowed. He will not allow a single firework to go off. He indicated the ground was too wet for him to get heavy equipment in there to move those buildings. He indicated he will do whatever it takes to insure safety. Councilman Evans indicated there are at least four other stands, they will not be happy about the city allowing him to be inside the city limits. Discussion. Councilman Ervin moved to allow him to do it. Councilman Lawler seconded. Councilman Garza asked what the legality of the issue was. Councilman Evans indicated he did not want the Council to go against the ordinance. He was concerned about setting a precedence. He did not want to allow him to do something they would not allow others to do. Councilman Ervin amended his motion to allow the stand only for the period of June 24th to July 4. Motion carried 3 to 2. Councilman Higgs an Councilman Evans voted no. 11. Consider and Possible Action on Marion Road Water Line Bid City Manager indicated the bid was approved, but they have not signed anything with Osage yet. The engineer checked references and they all came back fine. City Secretary indicated when Wilson Contracting submitted the bid, they did not submit their references. It was a requirement of the bid that references be submitted, since they were not submitted they should have been disqualified at that time; however, the engineer indicated he would contact them and get the references. Councilman Evans moved to deny all bids. Councilman Garza seconded. Motion carried unanimously. 12. Consider and Possible Action on Awarding Vehicle Bid. (Electric Department Truck) Mike Prater indicated it was a budgeted item. Discussion. Mr. Prater indicated this is the best truck on the market for what they do. They spoke with other companies, and this is a good truck. The bid process is where we get a better price on the truck. Councilman Ervin asked what kind of truck it was. Mr. Prater indicated it was a Derrick Digger, the chassis will probably be International. Councilman Ervin moved to award the bid to Altec Industries in the amount of $120,238.00. Councilman Garza seconded. Motion carried unanimously. 13. Consider and Possible Action on Ordinance #06-17-04 - Amending Inspection Fees. City Manager indicated this has to do primarily with the plumbing inspector we use. He is charging us $30.00, we are charging $25.00. Councilman Garza indicated he did not like the charge for issuing the permit. In Denton you can register to be a contractor for no charge. Discussion regarding the plumbing inspections. Danny Cockrell indicated the reinspections are his main concern. Discussion. Councilman Garza indicated he felt some of the fees were too high. Councilman Evans moved to approve an ordinance to move the permit fee from $25 to $30, and to move the reinspection from $30.00 to $50.00. Councilman Garza seconded. Motion carried unanimously. 14. Consider and Possible Action Regarding the Exterior Facade Requirements on Residential Dwellings. Councilman Evans indicted he did not want to go down on the masonry percentage required, but wanted to require some brick on the second stories. Steve Howard, Lennar Homes, found out the City had changed the brick ordinance., and wanted to give some input to the Council. He asked the Council to clarify how it is calculated. He continued to explain that he felt 75% brick can make the house seem more spacious. Discussed exterior facade requirements. Mr. Howard indicated he would like a definition of the exterior facade, and would like the council to consider re -writing the ordinance. Discussed allowing siding in recessed areas. Councilman Evans asked what percentage would he suggest. Mr. Howard indicated he would like there to not be a requirement. Councilman Evans indicated he did not like all the homes looking the same. When they started putting in the two story it broke it up some. Discussed percentages in ordinance. City Manager indicated he likes to see a little siding, but also would like some continuity on the second floor. Discussion. Mike Lawler moved to table the ordinance. Councilman Ervin seconded. Jerry Jenkins asked if they would consider allowing the Planning and Zoning Commission to make a recommendation to the City Council. Discussion. Item tabled. 15. Consider and Possible Action on Ordinance #06-07-04 - Requiring Sprinklers and Fire Alarms on Commercial Buildings. Councilman Evans moved to approve Ordinance #06-07-01. Councilman Garza seconded. Motion carried unanimously. Discussion. Motion carried unanimously. 16. Consider and Possible Action on Ordinance #06-08-04 - Requiring Sprinkler Systems in Multi -Family Buildings. Councilman Evans moved to approve Ordinance #06-08-04. Councilman Higgs seconded. City Manager asked if this included duplexes. Staff indicated it did not. Danny Cockrell indicated a duplex requires a firewall. Motion carried unanimously. 17. Consider and Possible Action on Council Member(s) Attending Training in Austin. Councilman Ervin moved to allow Councilman Lawler to attend training. Councilman Garza seconded. Motion carried unanimously. 18. Consider and Possible Action on Repealing Resolution #12-17-98 - Regarding Approval for Council Members to Travel. Councilman Ervin indicated he would like to request that this Resolution be repealed. Jerry Jenkins indicated he supported the motion. He was misinformed when the motion was made to put this resolution in place. He thought he was doing the right thing, but he wasn't. City Secretary indicated the budget controls the expenses anyway. Councilman Garza indicated he was not sure the City could afford it, he did not want it to be a vacation. He indicated that he did feel a new councilman should go to training. Councilman Evans moved to do away with Resolution 12-17-98. Councilman Higgs seconded. Motion carried 4 to 1. Councilman Garza voted no. 19. Consider and Possible Action on Appointment of a New Registered Sanitarian for the City of Sanger Health Inspections. City Manager indicated the City has had problems with the Sanitarian that we currently have. Councilman Ervin moved to appoint Tom Bailey as the Registered Sanitarian for the City of Sanger. Councilman Garza seconded. Motion carried unanimously. 20. Consider and Possible Action on Board Appointments. Mayor read the list of appointments and needed volunteers. Betty Kincaid, and Selina Swaim were recommendations of the Keep Sanger Beautiful. Councilman Evans moved to reappoint Shelley Ruland, and to appoint Jerry Jenkins and Mike James to the Planning and Zoninji. Councilman Ervin seconded. Motion carried 3 to 2. Councilman Garza and Councilman Lawler voted no. Discussed Board of Adjustments appointments. Discussed Parks Board appointments. Councilman Garza moved to appoint Bobbye Robinson and John Looper, and reappoint others that need it to the Board of Adjustments. Councilman Higgs seconded. Motion carried unanimously. Discussed Parks Board. Councilman Garza moved to reappoint Nathan Ervin and Georgia Royal to the Parks Board. Councilman Evans seconded. Motion carried unanimously. Councilman Ervin moved to reappoint Jeanice Newton, and to appoint Selina Swaim and Betty Kincaid to the Keep Sanger Beautiful Board. Discussed Library Board Appointments. Councilman Garza moved to reappoint Francille Sullivan, Beverly Howard, John Springer and Alice Madden to the Library Board. Councilman Ervin seconded. Motion carried unanimously. Councilman Lawler indicated we need new volunteers. 21. Consider and Possible Action on Vacation Time to be Considered "Time Worked" for City Employees. City Manager indicated there was an issue when a person was on vacation, and then called in because of the storm. The employee did not get paid overtime. Would the Council want to allow them to consider vacation time "time worked". City Secretary indicated some of the employees are unhappy about not being paid. Discussion. Councilman Ervin indicated he felt if we did not treat the employees right, then when we call they may not come and we can't do anything about it. He felt we should take care of the employees. Councilman Ervin moved to consider vacation time as "Time Worked". Motion died for lack of second. City Manager explained it was not a case of being called in on your vacation. It was just the week they took some vacation days. Councilman Evans moved to leave it the way it is until budget time. Councilman Higgs seconded. Motion carried 3 to 2. Councilman Ervin and Councilman Lawler voted no. 22. Meeting Adjourned. ATTEST: Mayor Tommy Kincaid Rosalie Chavez, City Secretary