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09/08/1980-CC-Minutes-RegularMinutes: City Council September 8, 1980 Present: Mayor Cole, Cooper, Nesbitt, Spindle and Bridges Absent: John Swindle Others Present: Lloyd Henderson, Mary Jo Stover, John L. Sullivan, (See Attached List) 1. The minutes of the August with a correction to Ite No'. made by Nesbitt to amend the Ordinance to concur with the was approved July 21, 1980. 18, 1980 meeting were approved 8. Should read motion was City's present Solid Waste new fee rate schedule that Spindle second. Voted unan. 2. Bridges made the motion to approve disbursements in the amount of $20,731.77. Spindle second. Voted unan. 3. Sanger Electric Capital Improvements in the amount of $2,648.50 were approved on a motion by Cooper. Bridges second. Voted unan. 4. Pro/Rata Ordinance - Donn Nesbitt commended Lloyd for the fine job he had done in re -writing the pro -rasa ordinance. Mayor Cole stated he was still not satisfied with the built in fees of $2.50 and $1.50 per foot on connections. With inflation as it is this portion of the ordinance needs to be reworked to allow for a cost figure. Lloyd to redo this portion of the ordinance and bring back for Council approval. Lloyd stated that Harold Easley had �aaid pro-rata fees under protest when he took out a building permit August 4, 1980 on his day care center. Lloyd gave his permission for the water connection so not to delay construction. Council gave approval of a refund on the pro -rasa to Easley. 5. Mayor Cole stated the Council needs to set a policy regarding the city's responsibility in repairing property on easements and right-of-ways. Nesbitt stated the city should set a precedent of replacing driveways and sidewalks and he would like to have an ordinance amendment to replace only driveways and sidewalks. Bridges stated it is spelled out in the city's present ordinance what an obstruction is and feels sorry for the property owner, but feels the city should stick with the ordinance. Cooper stated he felt the city should put a driveway back in same condition if they tear it up. Mayor Cole asked John Sullivan to state the city's legal responsibility. "Any driveway that is an approach to property can be put there and maintained there only with approval of the city. The city has the Legal right to allow property owners access to the street. The city can determine what that access will be. It is my opinion that anyone who puts anything over easements is at the citizens peril. The city does have some respon- sibility when they dig a hole in the street. They must cover it up. The legal responsibility ends when the city makes the streets safe for public use." Cooper made a motion to patch driveways and sidewalks with whatever they are constructed of and fix them back like they were. Motion died for lack of a second. All of the councilmen were in agreement that something needs to be done to alleviate the citizens problems as well as the city's responsibility when driveways and side- walks are over easements. Bridges made the motion to table the item for further study. Nesbitt second. Voted unan. 6. Ordinance No. 80-8, Regulating Recreational Vehicle Parks was approved with correction by Nesbitt. Bridges second and it was voted unan. ORDINANCE N0, 80-8 AN ORDINANCE REGULATING RECREATIONAL VEHICLE PARKS Tv�TITHIY3 THE CORPORATE LIMITS OF THE CITY OF SANGEiw, TEXAS, PROVIDING A PENALTY FOR THE VIOLATION THERE- OF, AND DECLARING AN EFFECTIVE DATE. 7. Two names were considered to fill the P & Z. vacancy created by Harold Easley. They were: Bill Enlow and Eunice Gray. Motion was made by Spindle to appoint Bill Enlow. Bridges second. Voted unan. 8. Motion was made by Nesbitt that the city accept the utilities and streets in the W. B. Shirley Addition developed by Gene Hughes. Cooper second... Voted unan. 0 9. Consider acceptance of contract on landfill site - Mayor Cole began by stating the city has searched for a landfill site for years. The city has finally narrowed down the search to one site which is. a 25 acre tract of land just north of FM455 and east of the railroad track. The city is now on an extension from the state with regards to the old landfill and it will take six months. to one year for certification on a new landfill. A number of tests by the state and our engineers must be done before the city could be licensed. At the present time we don't know if the land will qualify. Mayor Cole called for comments from the audience. Mr. William Valentine was first to speak. He asked the question "Does the city think it prudent to purchase land owned by Mr_ Cooper? Does the purchase of land from Cooper cause any concern to Mr_ Sullivan? It seems that someone is to gain and someone is to lose. Is this the appropriate representation of the citizens of Sanger to limit the search?" Mayor Cole stated there is no certainty a landfill will be put on the land the City is contracting, for signing a contract is just like signing a contract for a house. Stephen Reese, an attorney was recognized.. He stated he would not pretend to quote the law to Mr. Sullivan. There are laws in Texas, Article 98 V.A.T. which covers conflict of interest in government offices. It flatly prohibits cities from buying and entering into contract with any member of the city council. After researching the law the city simply cannot enter into this contract. Huston Higgs asked why the City is set on this one particular tract of land. Mayor Cole stated this particular tract covers up best on the core tests which were made. Mrs. Taylor asked if the city dump had to be on -city property The answer was no. Mrs. Taylor expressed her concern with the new lake going in and the landfill in this particular area. She felt a lot of concern about aqua fires. She asked if the title of the land was in Mr. Cooper's name. He replied, "no it is in my son and daughters name." Ted Fox ask why -the city wanted to go north with the site instead of on the same side. Mayor Cole explained that :he land did not core test satisfactorily, and to the south we were in a flood plain area. Mr. Valentine told Mayor Cole he was impressed with his ability and yes the town of Sanger needs a landfill, but is this the optimum place. He mentioned aqua fires and weather factors and ask what the effect would be on the Bolivar Water System. What the impact over the next 10 or 15 years would be, and if the city had not been able to manage the old landfill how could we say we could manage a new one. The citizens are concerned and the city has no tract record for managing a landfill. Mrs.. Jillson ask Mayor Cole "Since you know you are going_ to have a lot of opposition are you going to carry on? Mayor Cole stated the city will have oppositiions no matter what site they choose. Mr. Millar wanted to know what happened with the idea of other cities joining together. Mayor Cole explained this. Mrs. Odom was concerned with her property investment and the area around her. Gary Lynch asked about the access to the property. Mayor Cole stated the city didn't have access at the present_ Mr. Valentine brought up other landfills with Carrollton being the classic example. General discussion. Mrs. Jillson - Your mind is made up that you will enter into an option/contract with Cooper to purchase this land?" Mayor Cole, "I don't know." Other general comments were made. Mr. Reese "I believe my reading of the law is correct. The action is void. My question is why spend any money at all when the outcome is predictable." In view of the comments made Councilman Bridges made the motion to table the landfill contract item for further study. Spindle second. Voting for were Cooper, Spindle, and Bridges. Voting No, Nesbitt. Motion carried 3-1. 10. Representatives from CATV were unavailable to give progress report. 11. City Manager Henderson passed out copies of the Pitts- burg Tank Company contracts which were prepared by the ci.ty's engineering firm. Contract was accepted and signed by city officials to paint the elevated water tower. 12. Other such matters: (a.:) Earlier in the year council had mentioned having an appreciation function for the staff and firemen. Lloyd said during National Fire Prevention week would be a good time to plan it. Mayor Cole asked Lloyd to check with Duckworth and get prices. Benny Bridges stated this was a special affair and he wanted or would like more of a "country club atmosphere." Lloyd to get prices. (b-.) Bridges brought to council's attention a law suit involving P & Z zoning property which a city could not afford utilities to. Also that cities are liable for blind intersections. Mentioned the light on the flag pole is out. (c.) Lloyd said that a smoke blower it the company .gave the city It was $300.00 agreed before some time ago the city purchased for $339.00 . Since we don `t use doing the city's smoke testing; a bid of $150.00. Discussion. that price had to be closer to Council would consider. (d.) Items such as filling swimming pools and city employees driving fire trucks was discussed. Lloyd to find out about this. (e.) Motion was made by Spindle resi gnation of Councilman Bridges second. Voted un.a check out the legal proce report at the next council Meeting adjourned. ATTEST: to accept the Swindle John . n. Mayor Cole to dures on this and meeting. r OR