09/17/2001-CC-Minutes-Regularlt_ Kiii►®ill
SEPTEIV1BElt 17, 2001
PRE�)ENT: Mayor I omm3, Kincaid, Councilman Jimmy Evans, Councilman Joe Higgs,
Councilman Andy Garza, Councilman Glenn Ervin, Councilman Craig
Waggoner
OTHERS
PRESENT: City Manger Jack Smith, City Secretary/Assistant City Manager Rose Chavez,
Assistant City Secretary Samantha Renz, Electric Superintendent Mike Prater,
Water/Wastewater Superintendent Eddie Branham, Streets/Parks Supervisor
John Henderson, Fire Chief David Pennington, Police Chief Curtis Amyx,
Vehicle Mechanic Tommy Belcher, Code Enforcement Officer Ken Wilson, Jay
Parr, Doris Garner, Robert Garner, C.G. McNeill, Jeff McNeill, Nel Armstrong,
Danny Spindle, John Kirby, Jimmy Kirby, John Henderson, Grace Garza
1.
2.
3.
4.
Mayor called meeting to order, followed by the Pledge of Allegiance and the Invocation.
a) Approve Mir�u�tes:
b) Disbursements
CONSENT AGENDA
September 4, 2001
Councilman Garza moved to approve the Consent Agenda, Councilman Evans
seconded. Motion carried unanimously.
Citizen's Input.
Jay Parr, indicated lue had an emergency at his house last Saturday, his wife stopped
breathing, the Sanger Ambulance and fire crew came out and he wanted to thank them
for everything they did.
Mayor moved to Item aU19 and indicated there was some question regarding legality of
being in the mobile hone park, the attorneys have assured them they are okay. He is
removing this from the agenda.
Consider and Possible Action for Application for Engineering Grant, Presented by the
Sanger Area Historical Society.
Nel Armstrong, 21ti Diane Dr., President of Sanger Area Historical Society, indicated
she wanted a letter of permission to apply for a grant to pay for an Engineer and an
Architect to look at the old church building to see what needs to be done, it is a
matching funds grant; however they do have the funds to match the grant. The Texas
Historical Group has been very cooperative, and they want to see the building reserved.
The City will have to give the Historical Society a letter to proceed because the City
owns the building. She reiterated that they are not asking for money, only asking for
a letter of support.
Councilman Hil;gs irioved to write a letter for the Historical Society to obtain a grant
from the National Trust for Preservation. Jimmy Evans seconded, Motion carried
unanimously. (Councilman Ervin absent during this motion.)
5. Conduct Public Hearing Regarding a Zoning Request Change from B1 (Business 1)
to SF7G (Single Family 7G)on property legally described as Original Town, Block 77,
Lot 4R. Property is located at the corner of Plum and Fourth Streets.
Public Hearing ope�eed.
No Discussion.
Public Hearing closed.
6. Consider and Possible Action Regarding a honing Request Change from B1 (Business
1) to SF7G (Single Family 7G)on property legally described as Original Town, Block
77, Lot 4R. Property is located at the corner of Plum and Fourth Streets.
Councilman Ev�ins nrtoved to appa•ove the request, Councilman Higgs seconded. Motion
carried unanimously. (Councilman Ervin absent during this motion.)
7. Conduct Public :l�eariaig Regarding a Replat on property legally described as Original
Town, Block 77, Lot 3 Sr 4. Property is located at the corner of Plum and Fourth
Streets.
Public Hearing ope�i.
Brief Discussion.
Public Hearing closed.
8. Consider and Possii�le Action Regarding a Replat on property legally described as
Original Town, block '17, Lot 3 4. Property is located at the corner of Plum and
Fourth Streets.
Councilman Evans irtx►ved to approve the plat, Councilman Higgs seconded. Motion
carried unanimously. (Councilman Ervin Absent during this motion.)
9. Consider and Possible Action on Change Order Request on the Sanger Lois Road
Water Well Project.
City Manager in dir.ated they were boring a larger area hole so they can get more water
out of the well.
Discussion regarding the progress of the well.
City Manager indicated the change order is to increase the size of the screens from a
10" to a 16".
Mayor indicated they need to decide where the funds would come from.
City Secretary indac�ttecl this was a loan, and it would not cover this change.
Councilman Garza asked if this change order was unexpected or how did this happen
since they had bid a certain price.
City Secretary indicated it was not expected,
Eddie,Branham indicted they didn°t know this would happen until they drilled. This
needs to be done in order to get the volume needed.
Councilman Higgs asked how much was completed.
City Manager indicated the casing is already set.
Eddie indicated he was waiting for the pump set.
Discussion.
Discussed status of the well, and what the penalty is if its not completed in time.
City Secretary i;ndicated it was 5%, or $98�9.00.
Mayor indicated there has been discussion about invoking the penalty clause, but it has
never been done. He would like to see the clause involved this time.
Mayor indicated the work it has 1,s done already, so they don't have a choice but to
approve it.
Discussed progress, dclie indicated they have not been working on it.
Councilman Garza asked how much the contractor has been paid.
City Secretary indicated about $84,000.00.
Mayor asked if :it could be added to the existing note a t the bank.
10.
11.
12.
13.
City Secretary indicat€:d she felt it could be if necessary but first would look to see what
was left at the em of this budget year.
Councilman Garza indicated he did not understand why this was done before the City
Council had approved it, and apparently the City Manager had signed the change
City Manger indicate the bid was for 10" and they put16".
Eddie Branham indicated he would try to find out and excused himself to call the City
Engineer for an ansivvE31
.
Mayor moved to ��1.0.
Conduct Public Hearing on Tax Increase; Schedule and Announce Meeting to Adopt
Tax Rate.
Public Hearing opefl�ecl.
Council discussed if the ad was published and if there was any feed back.
City Secretary i;t�clicart�ed she had not he�nrd any comments from citizens.
Public Hearing closed.,
Conduct Public 13fear i��ng on Proposed Budget for Fiscal Year 2001/2002.
Public Hearing openeecl.
No Discussion.
Public Hearing clost��l„
Consider and Possible Action on Appointment to the Library Board.
Councilman Ervin nnoved to appoiant Aline Madden to the Library Board, Councilman
Evans seconded. Notion carried unanimously. (Councilman Enwin Absent during this
motion.)
Consider and Possible Action on Ordinance #09-20-01 - Adopting a New Personnel
Policy for the City of �►annger.
City Secretary indicated this has been in the works for a while. The City Attorney has
reviewed it and approved it. She indicated there was a seetion added referencing
complaints and appeals.
Councilman Ervin indicated he did not receive the personnel policy.
Item tabled for Further review.
Mayor moved back to 0,
9. Eddie indicated after visiting with Mark Hill, the City Engineer, on the phone, that the
Engineer made the determination that it needed to be bigger.
Councilman Waggoner indicated he felt they needed to make sure the contractor was
going to finish the job. He felt that a bid is a bid, and the City should not be
responsible for the difference.
Councilman Garza indicated he showed the City Manager approved it a month ago.
City Manager irrdic<ttc�cl drat was his signature, and he did approve it.
Councilman Gatea indicated this should have been brought before the City Council
before it was approved by the City Manager last month.
Discussion.
Councilman Waggoner asked why this was on the agenda if it had already been
approved.
Councilman Evans indicated it was for staff to get direction as to where to get the
funds.
Councilman Evans rcte►ved to allow City Secretary to get the funds anywhere she can
or from the bank and to not pay it until its complete. Councilman Waggoner
seconded. Motion carried 4 to 1. Councilman Ervin voted no.
14. Consider and Possible ,fiction on Rental of the Chambers' Building.
Mayor indicated 1,lris was a request to rent the building on a monthly basis for $350 /
month.
Councilman Evans proved to rent the building for $350.00 a month to Jeff Duncan.
Councilman Waggoner• seconded.
Councilman Ervin i►u;dicated he would like to see the building cleaned up and painted.
Vickie Elieson indicated that Jeff Duncan indicated he would clean up the building.
Motion carried unanimously.
15. Consider and Possibiie Action on Ordinance #09-21-01- Amending the Metal Building
Ordinance,
Ken Wilson, Cout e Enforcenment Officer/ Building itnspector, indicated he wanted to take
out the other masonry materials. The Hardy Board is masonry but they did not want
to allow that.
City Secretary indicated also they made it clear that all sides visible from the
designated street will need to be bricked or comply with the ordinance.
Discussion regardixr�;l2onriie Beard's building.
Councilman Evans am�oved to adopt Ordinance 09-21-01, Councilman Waggoner
seconded. Motion carried unanimously.
16. Consider and Pc�ssik�le Action on Ordinance #09-22-01 - Amending the Building and
Construction Fees, Inspection Fees, Plumbing Permit Fees for Sprinkler Systems, and
adding,a Permit forReplacement of Water and Sewer Lines, Driveways, or Existing
Structures,
City Secretary inrlicatetl they alavays had the reinspection and some of the other fees
at $15.00; however, they were not being utilized.
Ken Wilson indic.at�ed last week he was called out for a gas inspection at 5:00 P.M., he
had to dig up the line and inspect it. The sewer people had to look at, John had to look
at it and there were no fees charged. The sprinkler system permit was raised to
$25.00. Also a fence permit was added, because they need to be inspected to make sure
they are not in the easements.
Councilman Evaras gnawed to adopt O�•dinance 09-22-01, Councilman Higgs seconded.
Motion cara•ied utza��i�noiesly.
17. Consider and Possible Action on Detention of Two Municipal Judges for Fiscal Year
2001/2002.
City Manager iti�dicated he wrote Judge Spindle a letter. Mr. Spindle came in and
reminded him that tine Judge is not under the City Manager but under the City
Council. He indicated he had received some complaints from the Police Department,
and also had comments about people calling the judge at home, and Judge Spindle
would make the decision and call it in to the court.
Councilman Garza asked if the problem was discussed with the Judge.
City Manager Indic nt��d there was a dismissal that had been done and at that time he
spoke with Danny reg�nrding the situation and dismissal of other cases. He felt it was
putting an unfair burden on him when he is making the decisions and being called at
home.
i
Councilman Evans in
ddicated he had a problem with this. He felt that when the Police
Officer wrote a ticket his job was done, and when the attorney loses the case he should
walk away. He felt they should allow him to serve out his term and see what happens.
Danny Spindle, Mugaicito Judge, indicated he was not sure where all this was coming
from. There is a difference between a dismissal or being found not guilty. He indicated
that with any case that comes before him the burden of proof is on the State. He
indicated there were guidelines to be followed, and the burden of proof was on the
state, and if all the elements are not met, then they are found not guilty. He indicated
that if someone felt that he was finding too many people not guilty, then he was sorry,
but he did not feel that: was the case. You are innocent until proven guilty, if the state
does not prove it, he will not find the person guilty.
He indicated he had been honored to serve as the Judge, and felt he had done a good
job.
Councilman Waggoner asked if there were some instances when people called him at
home, or contacted him in a place other than a courtroom.
Mr. Spindle indicated some times he is approached about a ticket and asked what they
can do, and he will tell them to go to the court and he will give them their options. He
does not give legal advice, but gives them their options.
Councilman Waggoner asked wouldn't be easiest for him to just tell people to call the
court.
Mr. Spindle indicated that would be easy, and agreed to do it.
Councilman Evans asked ii'Mr. Spindle should have received copies of the information
in the packet regarding this.
City Secretary inclicat�ed he could request it.
Mr. Spindle indica#etd he did request a copy of the letter; however, he never received
it.
Discussion regarding court procedures.
Councilman Ervin asked Mr. Spindle if he considered sidewalks to be a public place.
Mr. Spindle indicated he did; however, the ownership of the sidewalk was not
addressed.
Councilman Higgs asked what the other Judge was hired for.
City Secretary ijidM6tited she thought he was hired to handle the adult court, and Mr.
Spindle was goilrig to hie moved to the Juvenile court.
Councilman Evans in€Heated there was something brought up about the salaries.
Discussion regaIrding the position and responsibility of each judge.
Councilman Evans ink o get rid of him, icated they voted to hire the other judge to help Mr. Spindle not
t
Mr. Spindle indacata.cl the reason the fines have increased is because the offieers are
out writing more tickets and the court clerk stays on top of everything,
o n de an -
gs
Councilman Waggoner asked if he could be directed to have the people call the court
instead of him.
Motion carried u�.ear�i�rcoa�sly, Councilman Ervin abstained.
18. Consider and Possillvle Action on Interiocal Agreement with the City of Denton for
Ambulance Services,
Councilman Diggs arnno�red to approve the tnterlocal Agreement for Ambulance Services.
Councilman Higgs seconded.
Councilman Ert.�i€a indicated he thought the population was over 5,000.
City Secretary ixidicated the official census was lower, and this is based on that.
Motion carried una€1krtoidsly.
20. Considea• and Po�.sii�le Action on Iotominees to the Denton Central Appraisal District
>3oard of Directors.
Discussion regan•ding; possible nominations.
Council decided to nominate J.B. 1=Iaisler, Shirley �aisler, and Fred Yeatts.
Councilman El rrvin moved, Councilman Waggoner seconded. Motion carried
unanimously.
21. Any Other Such Matters.
a) Councilman %3iggs asked if there was anything on the updated City limits yet.
City Manager indicated he should have it by the end of the month.
b) City Manager indicated Mr. Hebard wanted to know if the City would consider
leasing a part of the landfill to him for a batch plant. He will be putting in a lot of
streets, and tills would save him some money.
Discussion regarding existing batch plant.
c) Councilman Er �i�� salted. about driveway repairs on Hillcrest, is the city responsible
for approaches.
Ken Wilson indicate.�i �:heu°e were 5 new driveways on Hillcrest, and the city did not pay
for them.
Councilman Evans asked when the curb is broken who repairs it.
Ken Wilson indicated the home owner should pay for it unless the City did the damage.
Discussion regarding whose responsibility the repairs will be.
John Henderson indicated he was not sure of the proper procedure, he has called other
cities to see how it they do it.
d) Councilman l��°vin a�slced how they cauld get stripes put on the street on Bolivar so
people will know now to park, and how can we get the street sweeper back in.
e) Doris Garner asked when the City comes to fix a leak in the street, how long does it
take for them to conic back to fix the street.
John Henderson ina:licated it depends, and expressed that he is shorthanded, but a
work order° will be put in and he will try to get to it as soon as he can.
22. Meeting Adjourned.
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