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 °