05/06/2002-CC-Minutes-RegularMINUTES: CITY COUNCIL
MAY 6, 2002
PRESENT: Mayor Tommy Kincaid, Councilman Jimmy Evans, Councilman Joe Higgs,
Councilman Andy Garza, Councilman Glenn Ervin
ABSENT: Councilman it Waggoner
OTHERS
PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez,
Assistant City Secretary Samantha Renz, Streets/Parks Superintendent John
Henderson, Water/Wastewater Superintendent Eddie Branham, Code
Enforcement Officer Ken Wilson, Police Chief Curtis Amyx, Shelley Ruland,
Polly Dwyer, Nel Armstrong, Bobby Swan, John Springer, Liz Springer, Allen
Sweeney, Anthony Sweeney, Fran Abelson, Mike James
1. Mayor Called Meeting to Order and led the Invocation, followed by the Pledge of
Allegiance.
CONSENT AGENDA
2, a) Approve Minutes: April 15, 2002
b) Disbursements
Councilman Higgs moved to approve the Consent Agenda, Councilman Evans seconded.
Motion carried unanimously.
3. Citizen's Input.
A) Bobby Swan,111 Colonial Heights, addressed the Council regarding concern with
street repair. He asked how these repairs were prioritized.
Mayor indicated they look at the streets with heaviest traffic that are in had shape first,
then go from there. There is a street program that should be started some time in June.
Mr. Swan indicated he lived on Colonial Heights and that a year ago a contractor bore
the street and there was a pot hole there for a year. He is not understand who pays for
the repair. If the contractor pays for the repairs, they should be done. He indicated he
has filled out numerous work orders and there has been some asphalt put there. He felt
that when they have a nice street in town they should maintain it and keep it nice. He
wanted to see some type of program to prioritize street repairs. This is the time for
street repairs, and he has not seen repairs done.
Mayor indicated they would look into it, and if it was not done within two weeks to let
him know.
B) Allen Sweeney, present at meeting representing the Masonic Lodge. They had
requested a tax exemption.
City Secretary explained they had called the Appraisal District and had been advised
that the City had no authority over the exemption process.
Samantha Renz explained that she had spoken to Linda at the Appraisal District who
informed her that the Appraisal District would make the decision whether or not they
would be exempt, and that the City did not have any input at all.
Allen Sweeney explained to the Council that Masonic Lodges were now going to be
exempt if they get the taxing authorities approval. He had spoken to Mr. Clerhye at the
Appraisal District and had been advised that he needed to contact the City and the
School District and get approval from them.
Discussion.
Mayor indicated staff would get with the Appraisal District and find out what needs to
be done.
4. Consider and Possible Action on Designating a Committee to Oversee New
Construction in the Downtown Area.
Nel Armstrong, 216 Diane Dr., addressed the Council regarding this item. She
indicated she had spoken to Mr. Smith regarding new construction in the downtown
area. The Historical Society felt that the downtown area should be maintained as a
historical area, and felt that new construction should be regulated. At that time, Mr.
Smith indicated that perhaps the downtown area could have its own zoning ordinances.
She continued to explain that she felt perhaps a committee could be appointed to
oversee the development of these ordinances and bring them to Council as a
recommendation and Council could decide on them. The committee could include 2
Council members, 2 Planning and Zoning members, 2 members of the Historical
Society, and 2 of the downtown merchants.
Mayor asked what streets would they like to include in this.
Nel indicated that she felt the choice of which streets could be one of the
recommendations of the committee if appointed.
John Springer, 802 N. Keaton Rd., indicated he had grown up in Sanger along with the
Mayor and Councilman Higgs. He remembered when the downtown streets were full
and you could hardly get down them. Then about fifteen years ago some of the
buildings were deteriorated, he purchased one of the buildings and had begun
renovation on it. In the past, Mayor Armstrong had invited him to one of the meetings
because he was so interested in maintaining Sanger's Heritage. The City of Denton had
used the Main Street Program, but the more he looked into it he did not feel it would
benefit Sanger. He has seen downtown areas designated as a Historic Area, and felt
this would be good for Sanger. He felt there were several individuals who would be
willing to serve on the committee if it was created. He felt Sanger had a great history
and would like to see it preserved.
Polly Dwyer,113 Diane Dr., addressed the Council and indicated that Sanger should
be promoted and be aesthetically pleasing. She would bring the brochure that the
Historical Society has worked on to the Council that contains all of the historical sites
in town. She did not know much about Sanger's history until approximately 4 years
ago when she began to study it. She indicated the downtown are reflects that history,
and that the buildings have amazing architecture. She indicated the history of Sanger
is there for the purpose of promoting Sanger's future.
Discussion.
Councilman Higgs moved to designate a committee to oversee new construction in the
downtown area. Councilman Evans seconded. Motion carried unanimously.
4. Consider and Possible Action on Ordinance #05-06-02 -Annexing the Following
Properties:
ABSTRACT 1241A, TRACT 77, BEING 9.87 ACRES (AMYX)
ABSTRACT 1241, TRACT 299, BEING 3.283 ACRES OF WHICH 1.36 ACRES ARE
CURRENTLY IN THE CITY. (CITY ;
ABSTRACT 1241, TRACT 59, BEING 95.00 ACRES (RUTH MARSHALL)
ABSTRACT 29, TRACT 61A, BEING 0.918 ACRES (CITY)
ABSTRACT 1241, TRACT 329, BEING 3.00 ACRES (CITY)
ABSTRACT 1241, TRACT 305, BEING 0.159 ACRES (CITY)
ABSTRACT 1241, TRACT 328, BEING 16.12 ACRES (CITY)
Councilman Ervin moved to approve Ordinance #OS-06-02. Councilman Garza
seconded. Motion carried unanimously.
5. Consider and Possible Action on Ordinance #05-07-02 - Regarding Infiltration on
Private Property.
Eddie Branham, 4553 Belz Rd., indicated the reason this is on the agenda is that when
they do the smoke tests to determine where the infiltration problems are, most of them
are on private property. Currently we do not have anything requiring the property
owners to repair these lines. This will give us the authority to ask them to fix it and
something to enforce. There is also a fine included if they don't fix it. We don't usually
have a problem, this will just be a back up in case we need it.
Councilman Evans moved to adopt Ordinance #05-07-02, Councilman Higgs seconded,
Motion carried unanimously.
6. Consider and Possible Action on Proposed Revision of Local Agreement with Denton
County Regarding Asset Seizure and Forfeiture Cases.
Curtis Amyx, Police Chief, addressed this item and advised that this is basically an
agreement between the City and the Denton County Sherif s Department. When
property is seized in Denton County there is a numerous amount of paperwork that has
to be done. This is just an update to the agreement that we currently have. This is an
agreement that Denton County will do the paperwork. The County gets 33.3% of the
profit from the sale of seized property and the City will get 66.6%.
Councilman Ervin asked why the County received any of the funds.
Chief Amyx indicated that seizures are Civil cases and these funds also pay for their
time in court.
Councilman Evans moved to accept the agreement, Councilman Higgs seconded.
Motion carried 3 to 1. Councilman Ervin voted no.
7. Consider and Possible Action on Agreement for Mutual Aid in Fire Protection By and
Between Cooke County, Valley View, Denton County and the City of Sanger Fire
Departments,
Assistant Fire Chief, Eddie Branham, addressed this item. He indicated this was
brought to them by Valley View. They will lose their funding if they don't have a
mutual aid agreement. The City currently provides mutual aid to them and they
provide it to us. The City Attorney did review it and recommended removing items #2
and #4. Valley View has agreed to this as well.
Councilman Evans moved to adopt the agreement and strike #2 and #4 on the
agreement. Councilman Garza seconded. Motion carried unanimously.
8. Consider and Possible Action on Interlocal Agreement Between the Sanger Independent
School District and the City of Sanger.
Mayor indicated the agreement contains the word "intersection" in three different
places. He realized the intersection on the South end at McReynold's belonged to the
City; however, on Exhibit "A", the intersection mentioned had nothing to do with the
City. He felt "intersection" should be removed from the agreement to keep the City
from being liable.
Councilman Ervin asked if this was going to be a City street.
City Manger indicated it was.
Councilman Ervin indicated that the City would still be liable then.
Mayor indicated this agreement was strictly during construction, and the city would
not have liability during the construction phase.
City Secretary indicated the agreement states that they want payment within fifteen
days, and currently we do not have $200,000.00 for this. This is included in the bond
issue and we should have those funds some time in June.
Discussion.
Councilman Ervin asked if the City Attorney had reviewed the agreement.
Staff indicated he had not.
Discussion regarding changes.
Item tabled for City Attorney Review.
9. City Manager's Progress Report.
a) City manger indicated some staff will be out of the office part of this week
because the Yarborough case is coming to trial.
b) The bid packet for the two feeder exits are being put together and may be ready
by the next meeting.
c) There is a delay on the new well. Eddie is running tests and will get the
necessary people to conduct the required testing on the well.
Eddie indicated they were here today, and the testing has been done.
d) City Manager indicated they are working on an agreement with Wal-mart for
them to furnish electricity to the beacon on top of the tank.
Discussion.
e) On the Parks Grant it is about another month out. We are working on the bond
package.
f) Sportsman should open June 1.
g) On Acker Street, the daycare is almost completed and the gymnasium has been
started, there are four houses started in that subdivision.
h) Discussed repairs on Holt Road.
i) Latham and Chicken Express are still on track.
j) City Manger indicated a developer had contacted him regarding development
of Joe Falls property.
k) Councilman Evans indicated this discussion under City Manager's Report may
be illegal. He felt they shouldn't do it if it were.
City Manger indicated he could give them the same report in writing with more
detailed information under Non -Agenda items.
Councilman Garza expressed concerns about not receiving the information in
the past and would like to see it remain on the agenda if it is not illegal.
City Secretary indicated it was the recommendation of the City Attorney to not
discuss any item that was not detailed on the agenda. The purpose of the report
is to get information to the Council, and if they have questions, they can address
them with the City Manager one on one.
Discussion.
10. Meeting Adjourned:
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