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08/21/2006-CC-Minutes-RegularMINUTES: CITY COUNCIL AUGUST 21, 2006 PRESENT: Mayor Joe Higgs, Councilman Glenn Ervin, Councilman Robert Patton, Councilman Andy Garza, Councilman Mike Walker, Councilman Mike James OTHERS PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez, Police Chief Curtis Amyx, Electric Superintendent Mike Prater, Candace Murphree, Woodrow Barton, Jack Parsons, Jr., Bill Fuller, Staci Moore, Merrie Lou Abney, C.G. McNeill, Jerry Jenkins, Molly and Bret Chance, Nate Hight, Liz and John Springer, Beth and Lindall Mitchell, Joe Falls, Ryan Baker, Richard Sek, Jim Bolz, Linda Thaten, Nate Cottle, Brad Sims, Russell Martin, Paul Edelman, Karen and Mark Dill, Kim Cox, Debbie Grubbs, Rod Zielke, Jonathan Whitworth, Brian Hutcherson 1. Mayor Joe Higgs called meeting to order. Councilman Garza led Invocation followed by Councilman Ervin leading the Pledge of Allegiance. CONSENT AGENDA 2. (a) Approve Minutes: July 31, 2006 -Workshop August 7, 2006 Motion made by Councilman Ervin to approve Minutes as presented. Seconded by Councilman Garza. Motion Carried Unanimously. (b) Disbursements Motion made by Councilman James to approve disbursements. Seconded by Councilman Patton. Motion carried. 3. Citizen's Input: Merrie Lou Abney,11950Marion Road, addressed City Council regarding foreclosures in Denton County. There were 387 postings in September 2006, and there were 285 recorded in 2005. There has been a 25%increase from August of last year. There were 2846 residential foreclosures. This is up 23%from 2222 in 2005. Abney gave a brief summary of the available lots in subdivisi Ms. ons in Sanger. There are 144 available lots, which does not include Heritage West, Fall Meadow or SangerTrails. Presently there are 400-500lots available in Sanger with developers that have paid the infrastructure for these developments. Ms. Abney gave a brief summary of housing foreclosures in developments in the area. City Council possibly needs to get input from people who are in residential construction in this town before further action is taken. Ms. Abney indicated that amenities in these subdivisions do not bring commercial development. The commercial development is necessary to balance the difference in taxes on residential. Ms. Abney discussed that there were talks of commercial development coming to Aubrey to balance out the taxes and that has not happened. She cautioned City Council to be careful to avoid causing harm to the community of Sanger. There are several low end homes in this community and the demand is not there. She recommended City Council ask for input from others. (a) Woodrow Barton, 807 N. 7`h, indicated that if City Council is considering a Comprehensive Master Plan he suggested City Council have a moratorium on large developments until the master plan is completed. (b) City needs to pursue the building of a new City Hall. Bill Fuller, 18700, Creekview Road, addressed City Council and offered a few comments concerning the housing development. He addressed signs of a slowing economy, indicated interest rates are still low, retail purchases are slowing, corporations are failing to meet stock market analysis predictions and vehicle sales have slowed down. GMAC, Ford and Chrysler are continuously losing market shares. Cost of energy is a large part of peoples disposable income. He continued to explain there are retail ads with no down payments unti12008, families are waxed out on credit card debt and families are living on a financial edge. There's a similar development on Highway 380 East of Denton. These families are facing selling their homes and trying to get whatever equity or face foreclosures. These type of losses are a negative effect that disturb orderly growth of community and financial burden on property owners, lower property values and tarnish a community's reputation. Mr. Fuller summarized he is not against growth for the city, but is for a healthy, thought out growth. This type of growth can be addressed in a city's master plan. Mr. Fuller suggested holding off additional development until a program and policy is in place that will provide a blue print for quality development. 4. Consider and Possible Action on Proclamation #05-O5-06 Sanger Scout Day. Debbie Grubbs gave a brief report on their Boy Scout program. Their meetings are held at the First Baptist Church. Motion made by Councilman Garza to approve Proclamation 05-05-06. Seconded by Councilman James. Motion Carried Unanimously. 5. Consider and Possible Action on Resolution #08-15-06 -Concerning Placing Items on the Agenda. Issues of concern were emphasized as to the need to have a policy in place that dictates the manner on placing items on the agenda. Councilman Patton indicated he felt more information is needed. Councilman James indicated he felt the Mayor or City Manager can place any item on the agenda or two City Council members can place an item on the agenda. The information must be received by City Manager or City Secretary by close of business on Wednesday prior to the next scheduled City Council meeting. Councilman James indicated he felt it was not that complicated. Mayor emphasized he felt that the City Manager or Mayor needed to approve the items. Councilman Garza emphasized other towns do not have policies and they do not have problems. Cecile Carson indicated she called TML and they advised they had spoke to our City Attorney and their recommendation was that Hit is not in the Charter then Council has authority to set policy. She indicated the Attorney General opinion is 1/3 of City Council can be involved to place items on the agenda. TML advised City Council can have three members agree ,but their suggestion was that two members agree on an item to be placed on a Council Agenda. Discussion continued on this issue: a. Citizens request to City Council for item to be considered on agenda b. Setting a possible workshop c. Developments that request to be placed on agenda need to follow procedures of requirements of Planning and Zoning. Discussion. Councilman Walker made a motion to table for the next budget workshop meeting to be analyzed and Councilman James to write the document to get a running start. Seconded by Councilman Garza. Motion Carried Unanimously. 6. Consider and Possible Action on Ordinance #0842-06 - Ordering an Election on Proposed Amendments for the Home Rule Charter; Authorizing Contract with Denton County for Election Service and Repealing Ordinance #0840-06. City Manager advised that the November 7`h election date is Denton County's uniform election date. The County has advised that the City can enter into an Interlocal agreement with City Council approval for the Courts to conduct this election in their designated precinct. The school will also be having their bond election on this date and will also be conducted by the County. The amendments were sent to the City Attorney and after they were corrected by the City Attorney they were sent to the Charter Committee who reviewed the final draft. All three members approved the amendments. Motion made by Councilman James to approve ordinance #08-12-06. AN ORDINANCE OF THE CITY OF SANGER, TEXAS, ORDERING AN ELECTION ON PROPOSED AMENDMENTS FOR THE HOME RULE CHARTER OF THE CITY OF SANGER TO BE HELD ON NOVEMBER 7, 2006; PROVIDING FOR THE PUBLICATION AND POSTING OF NOTICE; AUTHORIZING THE CITY MANAGER AND CITY SECRETARY TO EXECUTE AN ELECTION AGREEMENT AND ELECTION SERVICES CONTRACT WITH DENTON COUNTY ELECTIONS DEPARTMENT; REPEALING ORDINANCE NUMBER 08- 10A6; AND PROVIDING AN EFFECTIVE DATE Seconded by Councilman Walker. Motion carried unanimously. 7. Consider and Possible Action on Approval of Municipal Resources Group Inc. As Planning Consultant for the Comprehensive Master Plan. Cecile Carson addressed the Board and advised that the Steering Committee appointed by the City Council interviewed four consultants on July 26, 2006 and on August 10, 2006 reviewed all the references. Elements of the plan included analysis of existing conditions and growth projections, preservation and aesthetic quality, transportation infrastructure, future land use planning, community utilities, economic development, parks and recreation, and environmental considerations. Ms. Carson advised the Steering Committee recommended Municipal Planning Resources Group, Inc. as the consultant. Discussion on request for bid proposals for professional services does not need to be bid. Councilman Garza wanted to make sure that on Page 7 of the contract it indicated the City may, from time to time, require changes in the scope of the services of MPRG, Inc., to be performed hereunder. Such changes, including any increase or decrease in the amount of MPRG's compensation, which are mutually agreed upon by and between the City and MPRG, shall be incorporated in written amendments to this agreement. Councilman Garza indicated he wants to make sure that everything is in line and that staff does not have to call these people to make changes. He addressed item (A) Direct Labor Charges (Page 9 of contract as follows). Municipal Planning Resources Group, Inc. will utilize the following labor rates for the I ollowing positions. Position Hourly Rate Principal Planner -President Principal Planner - Vice -President Senior Planner Certified Planner Project Planner Secretary/Typist Discussion. $125.00 $115.00 $ 85.00 $ 80.00 $ 75.00 $ 50.00 Motion made by Councilman Patton to approve Municipal Resource Group, Inc. as planning consultant for the comprehensive master plan. Seconded by Councilman Walker. Motion carried unanimously. 8. Consider and Possible Action on Approving Projects for Funding from the Sanger Texas Development Corporation for Parks Improvements, Historical Improvements, Downtown Improvements and Promotion Expenditure. Ms. Carson addressed this item and advised that on August 10, 2006, the Sanger Texas Development Corporation, 4B, had conducted their Public Hearing on Quail Run Park development, improvements to the Presbyterian Church, architectural and engineering plans for downtown area, and a retail study. Ms. Carson indicated that 413 recommended approval as follows: $135,000 Presbyterian Church $ 20,000 Downtown Plan $ 45,000 Retail Study Analysis Promotional $2249000 Quail Run Park (to be completed in 3 phases, 3" phase skate park) Ms. Carson indicated Phase II and Phase III are to be done after the master plan is completed. The cost on Phase I is $58,559. The total of all projects was $450,257. Discussion regarding that Phase I of Quail Run Park was targeted for 06/07 and Phase II for 06/08. There is a 10% pad to cover cost increase to allow for the future adjustment on project completion. Councilman Ervin indicated he would like to pursue completing Phase I and Phase H. He discussed the liability on skate parks. Councilman James indicated there is liability with any park. Bret Chance, 306 Deer Run, emphasized they are not against the skate park; however, the citizens in that community would like it located in a more centralized area that is supervised. He presented a petition of the citizens in that community who were against the skate park. He would like to see Phase I and II completed. Discussion on supervision of the skate park. Nate Cottle, 309 Deer Run, also addressed City Council and emphasized his concern regarding the liability of the skate park. He recommended more research be conducted. He would like to see Phase I and Phase II completed. Paul Edelman, Chairperson of Parks Board emphasized the importance of the skate park for the kids. He explained the long process that this has undertaken. Kids need a place to go for recreation. Paul Edelman asked if the citizens are afraid that "hoodlum" type kids will be using the park. Discussion *haft virlipW will always be a possibility. Kids in the community do not have anything to do. Kids can be forced to commit things that are illegal if areas like parks are not in place for them to go. Karen Dill expressed how she would like the skate park to be taken out of the Quail Run Project. Discussion continued on opposition. Councilman James agreed with Councilman Ervin to pursue with Phase I and II of the project and put a hold on the skate park. Councilman James also indicated that on the Presbyterian Church he felt that is a lot of money to be spent on an old building. Councilman James expressed he had problems approving an expenditure of $20,000 on a downtown plan and $45,000 on Buxton Marketing analysis. He would like 4B to pursue a project that land be purchased to have a nice park that would be in an area that has a centralized skate park and soccer complex and a sport center. He would like these funds earmarked for that type of project. Councilman James expressed his disapproval of most of the projects. Councilman Ervin moved to approve Phase I of 4B recommendations and Phase II of Quail Run Park project. Councilman Walker also expressed concerns regarding the amount of money allocated for the Presbyterian Church. He was concerned on the expense. Thomas Muir member of the 4B Board advised that their intent was not to spend the entire $135,000; however, they allocated these funds to assure completion. He spoke in favor of the Buxton analysis and gave a brief summary of what will be included. Discussion continued. John Springer addressed City Council as a member of 4B and indicated that the projects were carefully researched and he spoke in support of Ms. Carson's expertise in leading Council in the right direction. The money is available for these projects. Discussion continued with Councilman Walker and Councilman James objecting to the market analysis. Councilman Ervin's motion was seconded by Councilman Patton. Motion carried 4-1. Councilman James voted no. 9. Consider and Possible Action from Sanger Chamber Requesting Street Closings for Sanger Sellabration. Mayor indicated street closings as follows; Bolivar Street from Fifth to Second Street; Fourth between Bolivar and Elm Streets; Elm from Fourth to Fifth Street. Motion made by Councilman Walker to approve the street closures for Sanger Sellabration the evening of Sept. 8`h and 9`h. Seconded by Councilman James. Motion Carried Unanimously. 10. Consider and Possible Action on Ordinance #08-13-06 Regulations Concerning Fire Sprinklers. Cecile Carson addressed this item and indicated that there are a lot of technical, emotional, economical and community issues. Ms. Carson advised she has met with David Pennington and Pat Dunlap to discuss this from a fire prospective, building prospective and an economic development prospective. Research was conducted to gather consensus from other communities. Ms. Carson continued with the discussion on the square footage of the original ordinance. She advised that there were three building permits issued since November of 2004. There was a waiver given by Mayor Kinkaid waiving this requirement at 1002 Cowling, Ms. Carson briefed City Council on research and comments from different organizations on this issue. She indicated that in discussion with the Fire Chief and Building Inspector, they agreed and recommended that City Council approve the International Building Code for all buildings. She recommended that the Building Standard Board be assigned the task of reviewing and recommending the 2006 International Building Code. The recommendation from staff is that the City Council consider amending Article 5.200 to adopt the International Building Code of 2003. Discussion. Councilman Garza asked Ms. Carson if she had thought about what would happen if a building is built for a specific purpose and two years later they move out and an acetylene company moves in. Ms. Carson indicated that the City does have an ordinance with a provision for Certificate of Occupancy, which would be useful to track a change in use; however, the City may want to consider an ordinance for change in tenancy that looks at the use that regulates if additional fire protection is needed. This is an issue that a number of other communities are facing. Councilman Garza expressed concern in the building of any new construction where it jeopardizes any citizen of Sanger or his family or any firemen. There is nothing that could help them. If occupied during work hours and a fire occurs and if the store is crowded he would think casualties would happen. Councilman Garza discussed the time frame in which the fire gets out of control. He emphasized that we are asking the firemen to enter into a building without any protection in regards to sprinklers. Ms. Carson discussed that this is a challenge and that's why the International Building Code provides certain standards that the Council of Government has reviewed. Lengthy discussion and issues addressed: • safety issues • flash fires - sprinklers are useless • adequate exits • sprinkler systems confine fire to certain areas • square footage of buildings • value of lives of citizens and firemen • economic impact • Krum's proposal to have all buildings to have sprinklers • using NTCOG 6,000 sq. ft. • Pilot Point, Aubrey, Kruegerville uses IBC code • construction of building without a sprinkler system • there is not any sprinkler system in any business in Sanger • public input from audience to consider 6,000 sq. ft. • limitation of commercial development in Sanger • cost varies from $20,000 to $30,000 Discussion continued concerning the IBC and the square footage, guidelines and types of businesses addressed in the code. Chief Pennington addressed response time. He indicated the reduction in square footage was to allow response time for the fire department. Discussion. Councilman Patton made motion to adopt Ordinance #0843-06 for regulations concerning fire sprinklers. Seconded by Councilman Ervin. Councilman James advised there is not an ordinance in the packet. Ms. Carson advised she received the ordinance in the mail today from the City Attorney. Councilman Walker expressed a concern that he is not comfortable on adopting the ordinance without placing square footage. Motion failed. Discussion continued regarding square footage in the requirement of the IBC Code and the City Council to pursue to make a decision. Mr. Springer advised he is in process of building a building that is 4,097 sq. ft. Mr. Springer emphasized that since the last meeting when this item was discussed the cost of his material went up $3,300 and some odd dollars. He cannot get a bid in electric and plumbing that will last for more than a week. He discussed the cost of the tap, the size of the meter and the bore he has to undertake to pursue to build this building. Mr. Springer indicated that City Council had requested more time to study this issue advising that City Council is still not prepared to make a decision. Motion made by Councilman Patton to adopt Ordinance #0843-06 adopting IBC Code Fire Regulations with exception of 6,000 sq. ft. Seconded by Councilman Ervin. Councilman James voted no. Motion Carried 4-1. 11. Consider and Possible Action on Appointing Members in all Boards. Reappointments: Jerry Jenkins -Place 2 Gary Bilyeu - Place 4 Board of Adjustments Reappointments: Mark McNeal -Place 2 Bobbye Robison - Place 3 Polly Dwyer - Place 4 James Adams - Place 5 Joe Falls - Place 6 Johnny Looper - Place 7 Library Board Reappointments: Elizabeth Muir -Place 2 Parks Reappointments: Paul Edelman -Place 1 Stacey Moore, Place 4 Mark Price, Place 6 Councilman Walker motioned to reappoint all gentlemen and ladies that are up for reappointment on all the Boards. Seconded by Councilman James. Motion carried unanimously. Discussion on new appointments. Motion was made to appoint Russell Martin to Planning &Zoning. Seconded by Councilman Ervin. Motion Carried Unanimously 4-0. Councilman Patton had temporarily stepped out. Discussion on Library appointments. Motion was made by Councilman James to appoint Rosene Sebastian to the Library Board. Seconded by Councilman Walker. Motion carried unanimously. Discussion on Parks Board appointments. Motian was made by Councilman Patton to appoint Jarrod Link to the Parks Board. Seconded by Councilman James. Motion Carried Unanimously. City Secretary requested that on the Board of Adjustment if City Council would consider Tracy Murphree as a member. Motion made by Councilman Walker to appoint Tracy Murphree to the Board of Adjustments Board. Seconded by Councilman Patton. Motion Carried Unanimously. 12. Discussion Concerning Status Update on New Fire Station. City Manager reported he had a conversation with an architect this afternoon and will be meeting with him for preparation of a bid packet to pursue construction of a new fire station. 13. Consider and Possible Action on Service Agreement with Intermedix. Inc. Regarding Third Party Billing for EMS Services. City Manager advised that before ambulance services is put in line, a service of this nature needs to be in place. Fire Chief Pennington addressed City Council on this issue regarding the services of Intermedix Inc. The service this would provide to the fire department would include insurance billing, financial analysis, medical records management and medical reports services. They maintain medical records for 15 years and if at anytime the contract is broken they will send all records back to the fire department. *E.M.S. Billing; Services: *Base Rate *Collections Accounts *Denied Claim Appeals *Startup Fees/Expenses *TDSHS Trauma Registry Reporting *On -Line Medical Records Access *On -Line Billing Records Access *On -Line Patient Statistics Access *On -Line Patient Care Report Entry Discussion. 12.00% 33% (Total - includes the 12%) City has option to use or not use collection department Included in service Included in service Included in service Included in service Included in service Included in service Included in service Councilman Patton made a motion to accept Chief Pennington's recommendation to use Intermedix, Inc. for third party billing for EMS services. Seconded by Councilman Walker. Motion carried unanimously. 14. Discuss and Consider Setting Date and Time to Schedule Budget Workshop, Special Called Meeting August 30, 2006 and Reschedule the September 4, 2006 Meeting. Consensus to schedule dates for Budget Workshop for August 29, 2006, and August 30, 2006 Special Called Meeting, and reschedule September 4, 2006 meeting to September 5, 2006. 15. Consider and Possible Action on Future Process with Tomlin Investments. City Manager indicated he has visited with two or three City Council members and they have expressed that Council needs to give Tomlin some direction on this development. Councilman Glenn Ervin indicated he was responsible for this item to be placed on the agenda and discussed this with Councilman James and they both agreed that a decision needed to be made regarding this matter. Councilman Patton advised he is on the Steering Committee for the Comprehensive Master Plan and would like that plan to be in place before the City pursues this development. Councilman Garza indicated his biggest concern was lot sizes and fire protection in regards to a 2" water line. Councilman Ervin indicated he is not for or against this development, but would like City Council not to listen to coffee shop rumors and give the Tomlin or Centurion Group a chance. The final decision is up to City Council who considers what is in the best interest of the City. Councilman James indicated he would like to hear the facts in regards to CCN releases with Bolivar Water. If anyone provides these commitments then they can move in and develop. Some of the other issues that are concerns to Council need to be discussed with the Tomlin Group to arrive at some decision. Councilman James feels there are more positives in this type of development than negatives and agreed that a master plan is is to their development. Councilman Walker felt that the Tomlin Group does have their act together. It seems that they are putting all their infrastructure in place. He does not think this development affects the master plan. The water pressure is a concern. The foreclosures mentioned earlier in the meeting should be blamed on the bankers who financed these mortgages. He emphasized this is an opportunity for Sanger. The Mayor expressed that he would like Sanger to have the master plan in place. Citizen C.G. McNeil expressed a negative concern and his issues of concern were: • Development needs to follow the subdivision requirements that other developers have to follow • Financing of this development is a concern • Pay property taxes as everyone else does Rod Zielke addressed City Council two years ago concerning this development and advised they have worked on this project for two years and were encouraged to proceed. He emphasized City Council needed supplemental professional support. City needs to include professional engineering, an attorney, and a representative from City Council to put together a development agreement that will address all the issues to include the financing and Tomlin's participation in this financing process. Mr. Zielke included the following. • Process will take time • Agreed to put money in escrow fund to pay the city consultants • They are not welting approval, they just want an agreeable draft agreement • If they see that all the requirements that the City needs is something they cannot afford, they will step back from project It could be that all issues may be able to be solved without any problems. Mr. Zielke continued expressing the opportunity for the City and having this development in the master plan of the City will be a value to the City. Discussed thoroughfare planning including adequate water supply and Bolivar Water. Discussion on the plan that was submitted in January of last year. Planning &Zoning Chairperson Jerry Jenkins addressed City Council with concerns in the committee that Tomlin Investments is requesting. Discussion continued. Linda Thaten expressed her opinion on having professionals assisting City Council in this process and encouraging City Council to listen to their proposal. Mayor advised the development needs to follow the subdivision guidelines and present their proposal to Planning &Zoning. Discussion on the City's capability of providing sewer to the site, city can provide sewer to 400 lots and City will not have capacity on the next 400 lots. Discussion continued. Councilman Walker advised that Tomlin Investments needs an opportunity to create a plan for what they are trying to do. They have capability, history, and technology to do this. Councilman Walker emphasized Tomlin is willing to pay for the cost for professionals to study this and make recommendations to City Council on whether this will work for them or not. Councilman Walker made a motion to work with City Council on their nickel and establish a team to work with them and ultimately will lead to a development agreement. Seconded by Councilman James. Mayor asked for motion to be rephrased. Councilman Walker moved to go ahead to form a committee to work with Tomlin Group on their nickel. City Council will establish and define whatever team they need to put together that Tomlin would pay for to establish a plan to go forward. Seconded by Councilman James. Motion Carried 3-2; Councilman James, Councilman Walker, Councilman Ervin for and Councilman Patton and Councilman Garza against. Citizen Joe Falls spoke in opposition of this type of development. He spoke concerning upside down financing and strongly against this development. Discussion followed. 16. Possible List of Future Agenda Items. None. 17. Meeting Adjourned. ATTEST: Rosalie Chavez, City rrrrrf'oi }�Won / - Do It i )( A S rrrrr;insi�����o r oe Higgs, ld a r