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09/19/2005-CC-Minutes-RegularMINUTES: CITY COUNCIL September 19, 2005 PRESENT: Mayor Tommy Kincaid, Councilman Michael James, Councilman Mike Lawler, Councilman Glenn Ervin, Councilman Joe Higgs, Councilman Robert Patton OTHERS PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez, Administrative Secretary, Tina Walker, Mike Prater, Curtis Amyx, Ken Perry, Eddie Branham, Donna Park, Bill Park, Kathy Floyd, Johnny Looper, Andy Garza 1. Mayor called meeting to order. Councilman Patton led Invocation and Councilman Ervin led the Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes: September 6, 2005 b) Disbursements Councilman Ervin moved to accept Consent Agenda as presented. Motion was seconded by Councilman James. Motion carried unanimously. 3. Citizen's Input. None. 4. Conduct Public Hearing on Fiscal Year Budget 2005-2006. Mayor declared Public Hearing Opened. No one spoke for or against. Mayor declared Public Hearing Closed. 5. Consider and Possible Action on Ordinance No.#09-14-OS-Adopting Fiscal Year Budget for 2005-2006. ORDINANCE #0944-05 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, ADOPTING THE BUDGET FOR THE CITY OF SANGER, TEXAS FOR THE FISCAL YEAR BEGINNING OCTOBER I, 2005 AND ENDING SEPTEMBER 30, 2006 PROVIDING FOR THE INTRA AND INTER DEPARTMENT AND FUND TRANSFERS; AND DECLARING AN EFFECTIVE DATE. Councilman Patton moved to adopt Ordinance #09-14-O2) Fiscal Year Budget 2005-2006 as written. Seconded by Councilman James. Motion carried unanimously. Seconded by Councilman James. Motion carried unanimously. 6. Consider and Possible Action on Adoption of Ordinance No.#09-15-05-Adopting Tax Rate. ORDINANCE #09-15-OS AN ORDINANCE OF THE CITY OF SANGER LEVYING THE AD VALOREM TAXES FOR THE YEAR 2005 (FISCAL Year 2005-2006) AT A RATE OF $0.57083 PER ONE HUNDRED DOLLARS ($100) ASSESSED VALUATION ON e r_.r_. T e x A BL F PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITYyOF SANGER AS OF JANUARY 1, 20069 TO PROVIDE REVENUE FOR THE PAYMENT OF CURRENT EXPENSES; PROVIDING FOR AN INTEREST AND SINKING FUND FOR ALL OUTSTANDING DEBT OF THE CITY OF SANGER; PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND INTEREST; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Discussion about tax rate. Mayor indicated that tax rate was lower. This was due to the decrease in the debt rate. Motion was made by Councilman James to adopt Ordinance #0945-05 Adopting Tax Rate. Seconded by Councilman Ervin. Motion carried unanimously. 7. Consider and Possible Action on Expense Reimbursement. City Manager addressed this item and addressed that the IRS adopted $041.5 last year. The City of Sanger has been at a rate of $0.32 for several years. ORDINANCE #09-16-OS THAT CHAPTER 9, ARTICLE 9.200, "PERSONNEL POLICIES ADOPTED" (7.7 EXPENSE REIMBURSEMENT IN "EXHIBIT A"); OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, IS HEREBY AMENDED; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City Manager addressed this item and addressed that the IRS adopted $041.5 last year. The City of Sanger has been at a rate of $0.32 for several years. Discussion. Motion was made by Councilman Lawler to accept Ordinance #0946-05 Amending Expense Reimbursement. Seconded by Councilman James. Motion carried unanimously. 8. Consider and Possible Action on a Final Plat for Lot 1, Block A, Smith Addition. Property is located at 603 Walnut St. Discussion concerning the setback requirements and possibly a variance would be required on the setbacks. Motion made by Councilman James to accept Final Plat for Lot 19 Block A, Smith Addition located at 603 Walnut St. Seconded by Councilman Patton. Motion carried unanimously. 9. Consider and Possible Action on a Final Plat for Elk River Addition, Lots 1, 2, & 3, Block 1. Property is located on the Southwest Corner of Church and 10' Streets. Discussion about setback for back yards. The setback is 25 ft. in the front and should be 25 ft. in the back. The property faces 10" Street. Councilman James indicated that he wants the plat to reflect 25 ft. setback in the back yard. Councilman Ervin moved to accept final flat on Elk River Addition, Lots 1, 2, & 3 Block 1. Seconded by Councilman Higgs. Motion failed. After this motion failed this item was again discussed and concerns were expressed about the address of Lot 2. Councilman James made motion to approve Elk River Addition, Lots 1, 2, and 3 with the correction of the rear setbacks on lots 1, 2, and 3 to reflect a 25 setback. Motion seconded by Councilman Ervin. Motion carried unanimously. 10. Consider and Possible Action on Nominations for Denton CAD Board of Directors. Discussion about nominees. Councilman Higgs made motion to recommended Richard Muir (if he would serve) to the DCAD. Seconded by Mike James. Motion carried. 11. Consider and Possible Action on Resolution #0947-05 Utility Metering System. Discussion and concerns regarding the wording of the Resolution. Lengthy Discussion. Councilman Ervin moved to accept Resolution 09-07-OS with the exception of Jack Smith name be removed and changing it to City Manager. Councilman Patton seconded. Motion passed unanimously. 12 13 14. n Consider and Possible Action for Legal Representation for the City of Sanger. City Manager addressed this item and indicated he did check with other cities and those larger than Sanger have in house attorneys. Most cities our size use a local attorney within their city limits who have been with their cities for many years. City Manager indicated that the hourly rate is not that substantial and feels hours which will be billed will be greater than what is being billed run by our attorney. Mayor expressed a concern in changing attorneys and felt it is not a wise decision. City Manager indicated that the hourly rate is not that substantial and feels that the hours which will be billed will be greater than what is being billed with our attorney. Discussion. Councilman Patton indicated that it would be nice to have local legal representation and if they can also bring to the table the knowledge we currently have. Councilman James moved to table item. Seconded by Councilman Lawler. Motion carried unanimously. Discuss Items for Future Agenda. Duck Creek - Mr. Looper Drainage problems. Sidewalk Safety Sidewalk Bids Downtown Sidewalks Adjourn. X Chavez i i