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08/20/2012-CC-Minutes-RegularMINUTES: CITY COUNCIL MEETING August 20, 2012 PRESENT:Mayor Thomas Muir,Councilman Gary Bilyeu, Councilman Scott Stephens and Councilman Rusty Patton ABSENT:Councilman Russell Martin OTHERS PRESENT:Mike Brice City Manager,Tami Taber City Secretary,Sam Alexander, Kelli Alexander, Chris Prock, Joe Falls, Justin Allen, Jeff Higgs and Freida Ashcraft 1.Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Muir called the meeting to order at 7:00 p.m.Councilman Stephens led the Invocation followed by Councilman Patton leading the Pledge of Allegiance. 2.Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond to or discuss any issues brought up during this section). Kelli Alexander,3219 McReynolds Road, spoke about Noah's Ark and their second quarter euthanasia rate. Joe Falls,4489 McReynolds Road, advised that he was available to fill former Councilwoman Marjory Johnson's vacancy. CONSENT AGENDA 3.a) Approval of Minutes:August 3, 2012 -City Council b) Disbursements Councilman Patton made a motion to approve.Seconded by Councilman Bilyeu. Motion carried unanimously. 4.Consider any Items Removed From Consent Agenda. None. REGULAR AGENDA 5.Certification of Verification Regarding Local Option Liquor Election. City Secretary advised that the Petition was filed on July 19, 2012, and the signers' names contained on the petition is sufficient to order the election. Councilman Stephens made a motion to approve. Seconded by Councilman Patton. Motion carried unanimously. 6.Discuss, Consider and Possibly Act on Approving Ordinance #08-11-12 -Ordering a Special Election to be Held on November 6, 2012, for the Following: To Legalize : "The Legal Sale of all Alcoholic Beverages for off -Premise Consumption Only." Councilman Patton made a motion to approve. Seconded by Councilman Stephens. Motion carried unanimously. 7.Consider,Discuss and Possibly Act on Approving a Certificate for Resolution #R08-15- 12 of the Adoption by the Sanger, Texas Industrial Development Corporation Authorizing the Issuance of the Sanger, Texas Industrial Development Corporation Industrial Development Revenue Bonds, Series 2012B (Texas Pellets Project), Approving and Authorizing an Indenture of Trust, a Loan Agreement, a Limited Offering Memorandum, a Tax Certificate and Agreement, a Bond Purchase Agreement, Authorizing the Execution of Documents and Instruments Necessary or Convenient to Carry out the Issuance of the Bonds and Other Matters in Connection Therewith. City Manager advised that this is the second and final phase. This was approved by the 4A members on August 13, 2012. The City will receive $10,000 from the first phase and an additional $10,000 for the second phase. Councilman Bilyeu made a motion to approve. Seconded by Councilman Stephens. Motion carried unanimously. 8.Conduct a Public Hearing on the Proposed Budget for FY 2012/2013. Mayor opened the Public Hearing at 7:21 p.m. Joe Falls stated that he has talked several times to the Council regarding N.C.C.P. He also stated that he has reviewed the proposed budget and his concern is the aging infrastructure and the delivery system. He felt that there should be more funds to go towards underground infrastructure, sewer system and delivery system. Kelli Alexander spoke about the proposed Animal Control budget and the amount that is spent on Noah's Ark. Mayor closed the Public Hearing at 7:29 p.m. 9.Conduct the First Public Hearing on a Proposal to Increase Total Tax Revenues From Properties on the Tax Roll in the Preceding Year by 8.76% (Total Tax Rate Remains Unchanged at 0.633049 per $100 of Assessed Value). Mayor opened the Public Hearing at 7:30 p.m. No one spoke for or against. Mayor closed the Public Hearing at 7:30 p.m. 10.EXECUTIVE SESSION: CLOSED MEETING Pursuant to the Open Meetings Act, Chapter 551, the City Council will Meet in a Closed Executive Session in Accordance With the Texas Government Code: Section 551.072 -Deliberations Regarding Real Property to Discuss the Purchase, Exchange, Lease or Value of Real Estate Jeff Higgs advised that he represents Bolivar Water on the sale of the property and wanted to remedy the situation at no cost. City Manager advised that an appraisal was done to determine the fair market value and there were $300 in attorney fees. Council convened at 7:36 p.m. 11.RECONVENE: OPEN MEETING Into Regular Session and Consider Action, if any, on Items Discussed in Executive Session. Council reconvened at 7:50 p.m. Councilman Patton stated that the City is legally bound by State law to sell the property at fair market value in the amount of $1,050, however, they will waive the attorney fees of $300. 12.Consider, Discuss and Possibly Act on Approving Ordinance #08-12-12 -Sale of Strip of Land ( 2 Foot Encroachment) on the Office Building Located at 310 N. 3rd Street to Bolivar Water Supply. Councilman Patton made a motion to amend the ordinance to reflect the price from $1,350 to $1,050 for the property and waive the $300 attorney fees. Seconded by Councilman Stephens. Motion carried unanimously. 13.INFORMATION ITEMS: a) Library Report -July b)Animal Control Report -June (Revised) c) Animal Control Report -July d) Letter of Resignation from Councilwoman Marjory Johnson City Manager advised that Marjory Johnson accepted a job in Lewisville. 14. Adjourn. Mayor Muir adjourned the meeting at 7:55 p.m.