12/06/2004-CC-Minutes-RegularMINUTES: CITY COUNCIL,
December 6, 2004
PRESENT: Mayor Tommy Kincaid, Councilman Andy Garza, Councilman Joe Higgs,
Councilman Glenn Ervin, Councilman Mike Lawler.
ABSENT: Councilman Jimmy Evans.
OTHERS
PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez,
Paula Morales Office Supervisor, Electric Superintendent Mike Prater, Street
Superintendent John Henderson, Water Superintendent Eddie Branham,
Johnny W. Looper, David Erwin, John Springer, Liz Springer. Shelly Ruland,
Bill Fuller, Joyce Fuller, Mike James, Robert Patton, Ken Perry, Melvin
January, Joe Smith, Art Kramer, Paul Eddleman.
1. Mayor Called Meeting to Order and led the Invocation, followed by the Pledge of
Allegiance.
2. EXECUTIVE SESSION: In Accordance with Texas Government Code, Subchapter D,
Section 551.071(Consult with City Attorney):
a. Sanger Ranch vs. City of Sanger Lawsuit
Mayor convened Council into Executive Session at 6:11 p.m.
3. RECONVENE into Regular Session and Consider Action, if Any, on Items Discussed
in Executive Session.
Mayor reconvened Council from Executive Session at 7:12 p.m.
There was no action taken from item discussed in Executive Session.
CONSENT AGENDA
4, a) Approve Minutes: November 15, 2004
b) Disbursements
Motion was made by Councilman Garza seconded by Councilman Higgs to approve the
Consent Agenda. Motion carried unanimously.
5. Citizen's Input.
John Springer approached City Council in regards to the City of Sanger 4A Board
appointments. He expressed the importance of selecting these board members. He
indicated that there are three City Council members who serve on that Board and
expressed his concerns to Council. Mr. Springer indicated that there were qualified
people within the community that could serve on some of these boards. Discussion
continued about the legality and appearance to the community of having so many City
Council members serving on the board.
6. Consider and Possible Action on a Preliminary Plat for Royal Heights Lots 1 & 2, Block
A, being 0.566 acres in the Henry Tierwester Survey Abstract 1241. Property is located
on Railroad Avenue.
City Manager indicated that the Planning and Zoning Commission unanimously
recommended approval.
Motion was made by Councilman Garza to approve Preliminary Plat for Royal Heights
Lots 1 & 2, Block A, being 0.566 acres in the Henry Tierwester Survey Abstract 1241.
Seconded by Councilman Higgs. Motion carried unanimously.
7. Consider and Possible Action on a Final Plat for Royal Heights Lots 1 & 2, Block A,
being 0.566 acres in the Henry Tierwester Survey Abstract 1241. Property is located
on Railroad Avenue.
City Manager indicated that the Planning and Zoning Commission unanimously
recommended approval.
Motion was made by Councilman Ervin to approve Final Plat for Royal Heights Lots
1 & 2, Block A, being 0.566 acres in the Henry Tierwester Survey Abstract 1241.
Seconded by Councilman Garza. Motion carried unanimously.
8. Conduct Public Hearing to Consider a Replat on Property Legally Described as
Original Town of Sanger Block 56, Lot 4A, Being .202 Acres in the Rueben Bebee
Survey, Abstract 29. Property is Located at 107 S. 6th Street.
Mayor declared Public Hearing open.
Mayor declared Public Hearing closed.
9. Consider and Possible Action on a Replat of Property Legally Described as Original
Town of Sanger Black 56, Lot 4A, Being .202 Acres in the Rueben Bebee Survey,
Abstract 29. Property is Located at 107 S. 6th Street.
City Manager indicated that the Planning and Zoning Commission unanimously
recommended approval.
Motion was made by Councilman Garza to approve Replat of Property Legally
Described as Original Town of Sanger Block 56, Lot 4A, Being .202 Acres in the
Rueben Bebee Survey, Abstract 29. Seconded by Councilman Erwin.
Motion carried unanimously.
10. Consider and Possible Action on a Final Plat for Sable Creek Addition, being 21.6176
Acres in the Rueben Bebee Survey, Abstract 29. Property is located off of F.M. 455,
West of Sanger High School.
Issues addressed were the construction of the other half of Indian Lane. Joe Smith, one
of the developers for Sable Creek, indicated they were not required to put in the street
He indicated his attorney advised that based on our subdivision ordinance they were
not liable to build it.
Melvin January addressed the Council and indicated that the City does not have a
thoroughfare plan and that the construction of that street will cause a drainage problem
in their subdivision.
Mr. January expressed that other developers have not improved streets adjacent to
their developments. He indicated that McReynolds Road was not improved when
Ranger Creek Addition was put in.
Lengthy Discussion continued.
Motion was made by Councilman Ervin to approve the Final Plat for Sable Creek
Addition, being 21.6176 Acres in the Rueben Bebee Survey, Abstract 29, contingent
upon the requirements of the subdivision ordinance being followed in regards to street
improvements to Indian Trail and McReynolds Road. Seconded by Councilman Garza.
Motion carried unanimously.
11. Consider and Possible Action on Appointing a Member to the Sanger, Texas Industrial
Development Corporation.
Motion was made by Councilman Garza to appoint Fred Yeatts to the Sanger Texas
Industrial Development Corporation. Seconded by Councilman Ervin. Motion carried
unanimously.
12. Consider and Possible Action on Re -Appointing the Members to the Sanger, Texas
Development Corporation.
Councilman Lawler and Mayor Tommy Kincaid verbally resigned from this Board.
Item tabled for next city council meeting.
13. Consider and Possible Action for Appointment to the Keep Sanger Beautiful Board.
Motion was made by Councilman Ervin to appoint Shannon Link to the Keep Sanger
Beautiful Board. Seconded by Councilman Higgs. Motion carried unanimously.
14.
15.
16.
Consider and Possible on Parks Board Appointments.
Motion was made by Councilman Lawler to appoint Kathy Carter and Stacy Moore to
the Parks Board. Seconded by Councilman Ervin. Motion Carried unanimously.
Consider and Possible Action on Ordinance #12-27-04 Removing Alley Requirements
from the Subdivision Ordinance.
Motion was made by Councilman Ervin to adopt Ordinance #12-27-04. Seconded by
Councilman Garza, Motion Carried unanimously,
Mayor read caption as follows:
ORDINANCE 12-27-04
THAT CHAPTER 10, ARTICLE 10.100, SECTION 5.02 ALLEYS, OF THE CODE
OF ORDINANCES OF THE CITY OF SANGER, TEXAS, IS HEREBY REPEALED
AND DELETED; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING FOR
AN EFFECTIVE DATE.
Consider and Possible Action to Award Fuel Bid for Fiscal Year 2004-2005.
Motion was made by Councilman Garza to Award Fuel Bid to P.J.'s Convenience
Stores, Inc. Seconded by Councilman Ervin. Motion carried as follows.
Councilman Garza- yes
Councilman Ervin- yes
Councilman Higgs- yes
ilman
CouncLawler-no
17. Consider and Possible Action to Award Vehicle Bids of Fiscal Budget Year 2004-2005.
Motion was made by Councilman Garza to award the vehicle bids as follows:
Future Equipment $53,422.03 Back Hoe Water Dept.
(Vendor for Texas Building and Procurement Commission)
Brown Motor $199400.00 3/4 ton PU 4dr. Streets/Parks
Lutrell $17,510.48 3/4 ton PU Streets/Parks
$24,562.00 4x41 ton Electric
With utility bed
$30,587.98 4x21 ton with 1-Mechanic
$30,587.98 utility bed -diesel
1Water Dept.
Classic Chevrolet $17,326.00 4Dr Trail Blazer Office
(Vendor for Texas Building and Procurement Commission)
Seconded by Councilman Joe Higgs. Motion carried as follows.
Councilman Garza- yes Councilman Lawler -no
Councilman Ervin- yes
Councilman Higgs- yes
18. Consider and Possible Action to Award Bid for Phase I Restoration of the Old
Presbyterian Church.
Item was tabled for next City Council Meeting,
19. Consider and Possible Action to Award Bid for City of Sanger Bank Depository.
Discussion in regards to the bids.
City Manager indicated that Dan Almon, financial advisor for Southwest Securities,
had sent a letter indicating the best bid was from Sanger Bank.
Motion was made by Councilman Ervin to award the bid to Sanger Bank. Seconded by
Councilman Garza. Motion carried unanimously.
20. Meeting Adjourned.
Mayor ommy Kincaid
n
Rosalie Chavez, City