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08/01/2005-CC-Minutes-RegularMINUTES: CITY COUNCIL August 1, 2005 PRESENT: Mayor Tommy Kincaid, Councilman Michael James, Councilman Mike Lawler, Councilman Robert Patton, Councilman Glenn Ervin, Councilman Joe Higgs OTHERS PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez, Secretary Tina Walker, Electric Superintendent Mike Prater, Larry Klein, Helen Johnson, Mae Jones, Bill Coleman, Kenneth Yazel, Jerry Jenkins, Merrie Lou Abney, Roger Orwell, Ken Perry, Eddie Branham, Kathy Floyd, Greg Edwards, Bill Fuller, Liz Springer, John Springer, Scott Caruthers, Jonathan Wang, Jan M. Looper, Johnny A T %lnnvo"IQ Vnvnl Milrn W•allror 1. Mayor called Meeting to Older, Councilman Lawler led Invocation which was followed by the Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes: July 2'7, 2005 b) Disbursements Councilman Patton moved to accept Consent Agenda with correction to Page 2 to correct statement to read as follows. Before the Mayor adjourned the meeting Councilman Lawler requested if we can get estimates for additional sidewalks. City Manager indicated he would get cost estimates per running foot. Motion was seconded by Councilman Lawler. Motion carried unanimously. 3. Citizen's Input. Larry Kline, 116 S. 7t" Street, addressed concerns and his disappointment on the street improvements on 7t" street and the way the yards look. He hopes the construction will end soon and the yards put back to normal. 4. Consider and Possible Action on Sanger Trails Phase III Final Plat, Being 118 Residential Lots, in the Rueben Bebee Survey, Sanger Texas. Greg Edwards addressed City Council concerning Sanger Trails Phase III. He indicated that they have been through the review process to approve Final Plat at Sanger Trails Phase III Being 118 Residential Lots, in the Rueben Bebee Survey, Sanger, Texas. This plat was unanimously approved by Planning and Zoning. Motion made by Councilman Patton to approve Final Plat on Sanger Trails Phase III. Seconded by Councilman Ervin. Motion carried unanimously. 5. Consider and Possible Action on a Final Plat for Quail Run, Phase III, Being 21.043 Acres, and 109 Residential Lots in the W. Hudson Survey and the F. Jamie Survey, Sanger, Texas. Scott Carruthers, 5225 Village Creek Drive, Plano, Texas addressed City Council concerning this item. Discussion. This plat was unanimously approved by the Planning and Zoning Commission. Councilman James made motion to approve final plat for Quail Run, Phase III. Seconded by f nnnrilman Pottnn Mntinn carried nnnnimmisly. 6. Consider and Possible Action on the Final Plat for Johnson Addition, Block A, Lot 1, Being .172 Acres in the Tierwester Survey, Sanger, Texas. Bill Coleman addressed City Council concerning this item. Discussion continued concerning the items addressed by the City Engineer and staff s response as follows. The property is located off of the gravel road going east off of Railroad Avenue. The lot is on the left hand side of the road where there is an existing concrete slab. There was a home on this lot at one time, and it has been torn down. This gravel road is currently a filed ingress/egress easement which has been filed on record since 1994. The utilities are located in this easement as well, and the surveyor is currently working on the documentation to make this a utility easement as well. This will be a separate instrument from the plat. Staff does not recommend this road being dedicated as a public right of way. It has been a private drive for many years and serves access to about three homes. If we accept this as public right of way the City will have to take over maintenance of the road. The only improvement we would be able to enforce would be with this plat and it would be a portion of the private drive, and only up to this lot at this point. The expense would make it near impossible for Ms. Johnson to re -build her home. Previously, there was a home on this lot, and drainage was not nor has it been an issue; therefore, we do not anticipate any drainage issues due to the construction of a new home. Although we do not anticipate any issues, it is still stated and the developer has been made aware that they will be responsible for any drainage problems that arise due to this project. Eddie Branham and I (Samantha Renz) have looked at the property and the plat, and he has indicated that the water and sewer service lines will not be an issue. The pre-existing home was connected to City services. Councilman Higgs made the motion to approve the Final Plat for Johnson Addition. Councilman James seconded. Motion carried unanimously. 7. Consider and Possible Action on a Final Plat for Conley Addition, Lot 1, Block A, Being 3.921 Acres in the Rueben Bebee Survey, Sanger, Texas. Jack Smith addressed this item to City Council and indicated that the foundation slab has already been poured due to the fact Mr. Conley had pulled a Building Permit several years ago. City Council is concerned that the sewer line located on Mr. Conley's adjacent property to this property apparently is not located in the designated easement. Discussion. Motion was made by Councilman Higgs to approve final plat for Conley Addition, Lot 1, Block A, Being 3.921 Acres in the Rueben Bebee Survey, Sanger, Texas. Seconded by Councilman Patton. Motion carried unanimously. 8. Consider and Possible Action Regarding Presentation by Kirk Wilson, Centurion Development. City Manager indicated that this item should be tabled to the next City Council meeting since Kirk Wilson did not make his presentation in the workshop, and the way this item is worded on the agenda the action was to be based on his presentation. Mayor asked for a motion for this item to be brought back at the next City Council meeting. Motion was made by Councilman James. Seconded by Councilman Ervin. Motion failed 3-2. Voted yes -James and Ervin. Voted against -Patton, Higgs, Lawler Discussion continued regarding the motion and Council concluded this item was not to be brought back to the next meeting. 9. Consider and Possible Action Regarding Alternate Appointments to the Board of Adjustments. Councilman Patton made motion to appoint Shelley Ruland and Polly Dwyer to serve as alternates on the Board of Adjustments. Seconded by Councilman Higgs. Motion carried. 10. Consider and Possible Action Regarding Current Legal Representation and other Possible Alternatives. Councilman James expressed that City Council should look into other alternatives for Legal Representation. He expressed city council needs to have legal representation in all city council meetings. Discussion. 11. 12. 13. 14. ATT Councilman James made a motion that staff do some investigation concerning legal representation and fees, check with other cities on what they are currently paying and get proposals for the next city council meeting. Seconded by Councilman Lawler. Motion carried. Consider and Possible Action on Awarding Bid for Construction of Building at Santa Fe Yard. Discussion concerning the bids. There were concerns regarding the foundation. Motion was made by Councilman Ervin to table this item and rebid. Seconded by Councilman Lawler. Motion carried unanimously. Discuss Board Member Attendance Requirements. Discussion. Discuss Items for Future Agenda. 1. Legal Representation. 2. Sidewalk Bids. 3. Status Report on the Restoration of the Historical Building, 4. Report on the Thoroughfare Plan, 5. Report on cost to Out source Mowing. 6. Who takes care of lot at Willow and First. Adjourn. TOAAA