01/06/2003-CC-Minutes-Regular1VIINUTES: CITY COUNCIL
JAINUARY 6, 2003
PRESENT: Mayor Tommy Kincaid, Councilman Glenn Ervin, Councilman Andy Garza,
Councilman Mike James, Councilman Joe Higgs, Councilman Jimmy Evans
OTHERS
PRESENT: City Manager Jack Smith, Assistant City Secretary/Administrative Assistant
Samantha Renz, Electric Superintendent Mike Prater, City Engineer Mark
Owens, Court Clerk Christy Punches, Water/Wastewater Superintendent Eddie
Branham, C. G. McNeill, Jo Carter, Polly Dwyer, Elizabeth Higgs, Alice
Madden, Mike Dobrovolsky, Jack Walters, Crystal Brown, Gary Bowles, Sheila
Bowles, Tiffany Heartling, Gloria Keen, Virgel Keen, Doug Markley, Michael
Ange, Belle Lawson, Shelley Ruland, Merrie Lou Abney, Ramon Guerrero,
Linda Guerrero
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Mayor called meeting to order, led the Invocation, followed by the Pledge of Allegiance.
CONSENT AGENDA
a) Approve Minutes: December 9, 2002 - Workshop
December 16, 2002
December 19, 2002 - Special Called
Councilman Garza indicated he was at the meeting on December 19, 2002, and the
minutes show him absent. He was late.
Councilman Evans moved to approve the Consent Agenda as corrected. Councilman
Garza seconded, Motion carried unanimously.
Citizen's Input.
Jack Walters, Lois Rd. East, indicated he wanted to let the Council know the repairs
have started on Lois Road, and it looks good. He thanked the Council.
Consider and Possible Action on Update from Polly Dwyer Representing the Sanger
Downtown Area Committee.
Polly Dwyer, Downtown Committee, updated Council on the progress of the
Committee, they have the majority of the document in place, they have 3 to 4 meetings
left before sending the document to the Council, the thirty day moratorium has ended.
They hope to be finished between 2 to 4 weeks.
Councilman Evans asked if the current merchants will be able to do their routine
maintenance.
Polly indicated maintenance is not included, they are trying to maintain the outward
appearance. They are hoping to do a good job.
Mayor thanked them for their efforts.
5. Consider and Possible Action on Request for HoteUMotel Tax Funds from the Keep
Sanger Beautiful Board in Regards to the "Welcome to Sanger" Retaining Walls.
Alice Madden, Keep Sanger Beautiful Board, indicated they have worked with TXDOT
for about a year and half on the retaining wall on each side of town, TXDOT will also
provide the lights, but they will not provide the letters for the wall. Ms. Madden
showed the aluminum letters,16" tall, from Speedy Pro. She indicated the bid is for
$3944.00, and they (Keep Sanger Beautiful Board) feel that it is important that
"Welcome to Sanger" be put on the wall. She asked that the Council to consider taking
the $3945.00 from the Hotel/Motel Tax.
Councilman Evans moved to pay the $3945.00 from the Hotel/Motel Tax. Councilman
Garza seconded. Motion carried unanimously.
Councilman Higgs expressed that this is not City Money paying the cost of the retaining
wall, it is a grant from TXDOT.
6. Consider and Possible Action to Start the Process for Impact Fees.
City Manager indicated Samantha had called the attorney to find out what the initial
process should be. He indicated before the person was hired they would come back to
the City Council.
Councilman James moved to proceed with the Impact Fee process, and authorize the
City Manager to begin the research necessary to hire someone to evaluate the necessary
information. Councilman Evans seconded, Motion carried unanimously.
7. Consider and Possible Action on Resolution #01-01-03 -Setting Date, Time &Place for
Public Hearings on Imposing a Moratorium on Multi -Family Projects.
Discussed the moratorium.
Councilman James moved to approve Resolution #01-01-03, Councilman Higgs
seconded, Motion carried unanimously.
8. Conduct First Public Hearing on Proposed Annexations of the Following Properties:
MEADOWLANDS ADDITION, LOTS 1 THRU 14 (JENNIFER CIRCLE), AND
ABSTRACT 29, TRACT 74, BEING 8.751 ACRES, AND
j ABSTRACT 1241, TRACT 44, BEING 2.50 ACRES, AND
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ABSTRACT 1241, PART OF TRACT 47, BEING 18.03 ACRES, AND
ABSTRACT 291 TRACT 619 BEING 24.31 ACRES, AND
ABSTRACT 299 TRACT 609 BEING 25.22 ACRES.
Public Hearing opened.
Tiffany Hertling, 115 Canyon Oaks, indicated she had been retained by residents in
Jennifer Circle. She indicated they bad stated their objections previously. They did
receive proper notification this time, and they feel this annexation would not be possible
had it not been for the illegal annexations on Belz Rd, and F.M 455. The legislation has
prevented strip annexations, if they proceed with this annexation, her clients will attack
the previous annexations. She was not at the previous meeting where it was stated that
the citizens could not attack those annexations, they will proceed to the District
Attorney. They do not wish to be annexed without a benefit.
Public Hearing closed.
9. Consider and Possible Action on Resolution #01-02-03 -Authorizing the Submission of
an application to the Texas Parks & Wildlife Department for 2003 Texas Recreation &
Parks Account Small Communities grant program Funds.
John Henderson, Streets/Parks Superintendent, indicated he was back again to
resubmit the grant they had applied for last year. They were live points away from
getting the grant because the application was for two parks. The grant office scores
both grants together, they are going to remove the downtown park, and try to get the
community center park funded. He felt they could get it if they add the swimming pool.
They will talk to some of the other business, if they will donate materials or time, it will
give them more points. The schools and other nonprofit organizations will be contacted
as well, for in -kind services and donations. He felt they would be awarded the grant
this year.
Discussed the park grant.
Justin, Grantworks, indicated one of the reasons the application scored low was because
the state changed how they did the scoring. They will change the strategy and the
Community Center was the higher priority. The deadline is January 31, and they will
announce awards in August. If Sanger gets funded, construction will start January of
{ 2004.
Councilman Garza moved to accept Resolution #01-02-03, Councilman Evans seconded.
Motion carried unanimously.
10. Consider and Possible Action on Awarding Vehicle and Tractor Bids.
Councilman Garza asked if the specs were sent out to vendors.
Staff indicated they were.
Discussion.
Councilman James moved to accept the bid from Brown Motor Company in the amount
of $16,750.00, Councilman Ervin seconded, motion carried unanimously.
11. Consider and Possible Action on the Sanger Municipal Court Becoming a Court of
Record.
Christy Punches, indicated that "Court of Record" means that when a person receives
a ticket, in order to appeal to the County they must first have a trial in Sanger. At this
point they can appeal without having a trial in Sanger, when that is done the City of
Sanger does not receive any money. The trials are recorded, the transcripts must be
paid for if appealed. With a court of record the judge is able to issue warrants locally
rather than thru Denton. To become a court of record, it would require the Mayor to
write a letter requesting it, and it would be sent to the State Representative and they
will send us the paperwork to fill out.
Councilman Evans asked what it does to the Judges we have now.
Christy indicated the judge will have to be an attorney.
Councilman James asked about the cost at $200.00 per session.
Christy indicated that was if we have a court reporter, she did price equipment and it
runs $338.00, this would be a one time cost if they chose this option.
Councilman Evans asked if this would mean that the one judge would handle all trials
and Danny would no longer be a judge.
Christy indicated that was correct.
Discussion regarding the recording of the trials, and the process.
Councilman Evans asked if it will cost more money for judges.
Christy indicated it would not. The alternate Judge currently gets $300.00 per session.
Judge Spindle is being paid $600.00 per month.
Discussion regarding now the judges are paid.
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Councilman James asked if the numbers have been run on this.
Christy indicated that for 2002, the appealed cases totaled $3022.00, if this had been in
place we would have gotten that money.
Councilman Evans indicated he lilted the system currently in place.
Councilman Higgs asked if this had to be acted on tonight.
Mayor indicated it did not have to be.
Councilman Ervin indicated he felt we needed to move with the times.
Councilman James indicated the numbers sound right.
Councilman Garza indicated he would not vote for it at the present time.
Councilman Evans moved to leave it like it is.
Motion died for lack of second.
Discussion.
Chief Amyx asked if it took two years to go into effect.
Christy indicated it would go into effect after approval, if we do not do it now, we have
to wait another two years to present it again.
Councilman Evans moved not to go to a court of record, Councilman Garza seconded.
Motion failed 3 to 2, Councilman Higgs, Ervin and James voted no.
Councilman James moved that the Court be changed to a Court of Record, Councilman
Ervin seconded, Motion failed 3 to 2, Councilman Higgs, Evans, and Garza voted no.
Mayor indicated staff should put on next agenda for reconsideration.
12. Consider and Possible Action on Engineer's Proposal to Proceed with the Treatment
Plant Expansion.
Mark Owens, City Engineer, presented proposal to design the Wastewater plant
expansion, basically they have to do quite a few upgrades to the existing plant, and
build a 200,000 gallon per day addition. He broke it up into a proposal, and would like
to complete it within 14 to 16 weeks. He would then have plans ready to bid hopefully
sometime in May.
Discussed capacity at current plant.
Mark indicated he had two other guys that will be working on it with him.
Councilman James asked if he would be doing this after hours.
Mark indicated he would, and the other two guys would be doing the plans.
Councilman James indicated he would like to see the mark up be 0%.
Mark indicated he would change it.
Councilman James asked if this money was in the budget.
City Manager indicated it would come from the expansion program/tap fees. He would
assume the $250,000.00 from the Sanger Trails Apartments would be a large part added
to the sewer fund.
Councilman Garza moved to approve the proposal with the stipulation that Councilman
James had added. Councilman Evans seconded. Motion carried unanimously.
13. Consider and Possible Action on Council Members) Attending the TML Conference.
Councilman James indicated he wanted to attend. It is in Austin.
Councilman Ervin moved to allow Council members to attend TML conference in
Austin. Councilman James seconded. Motion carried 4 to 1, Councilman Higgs voted
no.
14. EXECUTIVE SESSION: In Accordance with Texas Government Code, Subchapter D,
Section 551.074 to Discuss Personnel.
a) City Manager Evaluation.
Mayor convened into Executive Session at 7:57 p.m.
15. RECONVENE into Regular Session and Consider Action, if Any, on Items Discussed
in Executive Session.
Mayor Reconvened into Regular Session at 8:47 p.m.
No Action Taken.
16. Consider and Possible Action on City Manager Contract.
Councilman Garza indicated he did not like the idea of a contract. He did not think it
would serve the City of Sanger. He wasn't sure it would benefit Mr. Smith. He
indicated he did not like the contract.
Councilman Ervin indicated he agreed with Councilman Garza.
Councilman Ervin moved to deny the contract. Councilman Garza seconded, Motion
carried unanimously.
17. Meeting Adjourned.
ATTEST•
Rosalie Chavez, City Secretary
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ayor To nmy Kincaid