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05/16/2005-CC-Minutes-RegularMINUTES: CITY COUNCIL May 16, 2005 PRESENT: Mayor Tommy Kincaid, Councilman Glenn Ervin, Councilman Joe Higgs, Councilman Jimmy Evans, Councilman Andy Garza, Councilman Mike Lawler OTHERS PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez, Engineering Services Coordinator Samantha Renz, Water/Wastewater Superintendent Eddie Branham, Streets/Parks Superintendent John Henderson, Electrical Superintendent Michael Prater, Woodrow Barton, Ken Perry, Jerry Jenkins, Jan Looper, Liz Springer, John Springer, Johnny Looper, Kathy Floyd, Robert Patton, Stephanie Roberson, Mike Walker, Roy Lemons, Geraline Davis, C.G. McNeill. Richard Muir, Fred Yeatts, Wanda Ervin, Scott Gabriel, Vickie Jenkins, Karen Burt 1. Mayor called Meeting to Order, Councilman Joe Higgs led the invocation which was followed by Councilman Glenn Ervin leading the Pledge of Allegiance. 2. Canvass Votes from the Saturday, May 7, 2005 City Election. Mayor canvassed votes as follows: Place 1: Jimmy Evans 174 Mike James 243 Place 3: Mike Walker 134 Joe Higgs 287 Place 5: Andy Garza 210 Robert Patton 210 Councilman Ervin moved to accept the canvass of the election, Councilman Higgs seconded, Motion carried unanimously. A) Statement of Elected Official Mayor presented Statement of Elected Official to Councilman Joe Higgs and Councilman Mike James. 3. Consider and Possible Action to Order an Automatic Recount for Election held May 7, 20059 as Required by State Law. City Secretary explained that the re-count was set up for May 17, 2005 at 8:00 a.m. if Council approved. Councilman Higgs moved to orderthe automatic recount, Councilman Ervin seconded. Motion carried unanimously. 4. 5. 6. 7. a) Approve Minutes: b) Disbursements CONSENT AGENDA May 2, 2005 -Workshop May 22, 2005 Councilman Garza moved to approve the Consent Agenda as presented. Councilman Ervin seconded. Motion carrier unanimously. Citizen's Input. Roy Lemons addressed the Council. He indicated that Dan Thomas, representative of a development company in Dallas, had asked that the land East of town be structured so that he could develop the property. Mr. Lemons explained that this property is being considered for annexation, and he asked the Council to consider looking at the proposal. He indicated there was a similar project in Frisco that he was familiar with, and expressed that if these developments were good enough for other cities that they should be good enough for Sanger. He asked Council to look at the proposal. EXECUTIVE SESSION: In Accordance with Texas Government Code, Subchapter D, Section 551..071 (Consult with City Attorney): a. Edward Wolski v. Denton County, City of Sanger, Sanger Texas Industrial Development Corporation, and Wal-Mart Store East, Inc. Lawsuit Mayor convened into Executive session at 7:45 p.m. RECONVENE into Regular Session and Consider Action, if Any, on Items Discussed in Executive Session. Mayor reconvened into regular session at 7:45 p.m. Councilman Milce James moved that Council gives the authority to the 4A Board and Council to sign legal documents as presented by the attorney, and that the motion include the following two comments: The agreement was fully explained to each party of attorneys before such parties signed the agreement and each party acknowledges that such party fully understands the terms of the legal consequences of the agreements and understands that the parties release in Section 5 shall operate as full complete and official release of settlement in any and all claims, and in Section 8.1 Full Satisfaction the parties understand and agree that no party will receive any other sum of money or legal fees, cost, expenses, taxes, or any other purpose from the other party. Councilman Higgs seconded. Motion carried unanimously. Conduct First Public Hearing to Consider Proposed Annexation of the Following properties: A. ABSTRACT 1066A J.M.A. RUIZ SURVEY, TRACT 12, BEING 195.003 ACRES, AND Be SBSTRACT 1241 - HENRY TIERWESTER SURVEY, TRACT 1, BEING 29.808 ACRES, AND C. ABSTRACT 299 REUBEN BEBEE SURVEY, TRACT 569 BEING 200.828 ACRES. Mayor declared public hearing open. John Springer spoke regarding the subdivision proposal on one of these tracts, he indicated Council should re -consider the proposal, and questioned why both public hearings were in the same meeting. 4 f_nnciriPr and PnccihlP Aetinn nn nr�linance # OS-07-OS Amending the Planned Development Ordinance on Property Legally Described as Lakeridge Estates, Lots 1-22 Block C Phase I, Lots 12-22 Block D, Phase I, Lots 3-5 Block E Phase I, and all lots in future phases II and III. Item tabled. 10. Consider and Possible Action on Funding the Park Improvement Project. Discussed improvements to downtown park -lighting, parl�ing and sprinkler system. Councilman Higgs moved to accept the proposal. Councilman James seconded. Motion carried unanimously. 11. Conduct Second Public Hearing to Consider Proposed Annexation of the Following properties: (7:30 P.M.) A. ABSTRACT 1066A J.M.A. RUIZ SURVEY, TRACT 12, BEING 195.003 ACRES, AND B. ABSTRACT 1241 -HENRY TIERWESTER SURVEY, TRACT 1, BEING 29.808 ACRES, AND C. ABSTRACT 29, REUBEN BEBEE SURVEY, TRACT 56, BEING 200.828 ACRES. Mayor declared public hearing open. Woodrow Barton, 807 N. 7"', addressed the Council, he indicated these public hearings had been published two months ago, it was left off of the last agenda, and had to be republished. He explained that there are some people who want to form a water district, this is a way for them to get cheap money without risks, and without being brought into the City; however, they still want fire and police protection. This development would not be taxed by the City, but they will pay the city so much money for the police and fire. They do not want to follow city regulations, and they want to obligate future buyers to pay for the development. There are other developers taking the risk with their own money. He indicated that he felt the Council should represent the current citizens of Sanger, and not 12. 13. the people from outside the city. Public Hearing closed. Consider and Possible Action for 2005 Intel local Agreement for Property Tax Collection with the Denton County Tax Office, City Secretary explained that there is a ten cent increase per statement. They have not had an increase since they took over the tax collection. There are approximately 3400 statements. Councilman Ervin moved to accept the Interlocal Agreement, Councilman Garza seconded. Motion carries unanimously. Meeting adjourned. �am Rosalie Chavez, City Secr t iy °