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02/20/2007-CC-Minutes-RegularMINUTES: CITY COUNCIL FEBRUARY 20, 2007 PRESENT: Mayor Joe Higgs, Councilman Andy Garza, Councilman Glenn Ervin, Councilman Robert Patton, Councilman Mike Walker MEMBERS ABSENT: Councilman Mike James OTHERS PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez, Police Chief Curtis Amyx, Water/Wastewater Superintendent Eddie Branham, Fire Chief David Pennington, Maintenance Supervisor Kristian Lindberg, Jerry Jenkins, C.G. McNeill, Woodrow Barton, Joe Falls, Eddie Lane, Merrie Lou Abney, Ken Wilson, Russell Martin, Bill Fuller, Cora Harner, Max Lindsay, Rod Zielke, Lindall Mitchell 1. 2. 3. 4. 5. Mayor Joe Higgs called meeting to order, led Invocation, followed by Councilman Patton leading Pledge of Allegiance. a) Approve Minutes: b) Disbursements CONSENT AGENDA February 20, 2007 -Minutes Councilman Ervin moved to approve consent agenda as presented. Seconded by Councilman Garza. Motion carried unanimously. Citizen's Input: Citizens are allowed 3 minutes to speak. The City Council is unable to respond to or to discuss any issues that are brought up during this section. None Consider and Possible Action on Approving Audit for Fiscal Year End 2005/2006. a. Budget Amendments Item tabled for next City Council meeting. Consider and Possible Action on Resolution #R 02-04-07 from Bolivar Masonic Lodge No. 418 for Tax Exemptions. Motion made by Councilman Patton to approve Resolution #R 02-04-07 for Boli Mvar Masonic Lodge No. 418 for tax exemption status. Seconded by Councilman Ervin. Motion carried unanimously. 6. Consider and Possible Action on the Final Plat for Bubba's Ranch, Being 5.501 Acres in the R. Bebee Survey, Abstract #29, in the E.T.J. of the City of Sanger. City Manager addressed item and referenced the City Engineer's memo. This property is located on Union Hill Road and the City Engineer recommends approval. The Planning & Zoning board approved it at their regular scheduled meeting. Councilman Ervin moved to approve Final Plat for Bubba's Ranch being 5.501 acres in the R. Bebee survey Abstract #29. Seconded by Councilman Patton. Motion carried unanimously. 7. Conduct Public Hearing Regarding a Specific Use Permit for the Purpose of Building a Municipal Fire Station on Property Legally Described as Abstract 1241 H. Tierwester Survey, Tract 299, Being 3.212 Acres to be Known as Fire Station Addition. Mayor declared public hearing open. No one spoke for or against. Pdlayor declared public hearing closed. 8. Consider and Possible Action Regarding a Specific Use Permit for the Purpose of Building a Municipal Fire Station on Property Legally Described as Abstract 1241 H. Tierwester Survey, Tract 299, Being 3.212 Acres to be Known as Fire Station Addition. Discussed that this is City property. The property is on the south side of McReynolds and butts tip to Mr. Falls fence. The specific use permit is to comply with zoning regulations. Councilman Patton made the motion to approve a specific use permit for the purpose of building a municipal fire station. Seconded by Councilman Garza. Motion carried unanimously. 9. Consider and Possible Action on the Preliminary Plat for Fire Station Addition, Being 3.212 Acres in the City of Sanger. Property is Located on Willow Street (McReynolds Road). Motion made by Councilman Patton to approve Preliminary Plat for Fire Station Addition, being 3.212 acres in the City of Sanger, property is located on Willow Street (McReynolds Road). Seconded by Councilman Ervin. Motion carried unanimously. 10. Consider and Possible Action on Ordinance #02-06-07 on Establishing Usage Fees for Parks. Paul Edelman, Chairperson of the Parks Board, addressed the City Council concerning this item. He clarified that on item (b) and ©) in Ordinance #02-06-07 the wording "per tournament play" should be added. Mr. Edelman emphasized that the members of the Parks Board spend a lot of time researching before they bring any item to the City Council. They met and discussed the usage fee per child with the Sanger Summer League. They checked with other cities to see what fees they charged before the Parks Board considered any recommendation to the City Council. There was a concern that if they charged this additional fee, the child might not get to play sports. The fee helps offset park expenses as the City continues to grow. It was not the intent of the Board to diminish the ability for any child to be allowed to play any sports. Mr. Edelman continued and later introduced Cora Harner who reported that last year they had 407 players and 8 scholarships were given. This year they had 431 players, 9 scholarships, and two families on payment plans. Ms. Harner indicated when they came to the City Council meeting "Al January 159 20079 and the vote was taken the first time on this item, the Sanger Summer League did continue to collect the $10.00 usage fee from all the players. They have these funds and it is important to them to know what the Council is going to do in case they have to refund the 431 families. Councilman Walker advised that at the last City Council meeting that Councilman Garza and himself expressed concerns that they did not want to exclude any children from playing. He expressed that the Parks Board is correct and the City Council should have put the trust and faith in that Board. His concern at that time was whether the $10.00 would be detrimental to families that wanted their children to play sports. Councilman Garza also indicated he appreciated the work the Parks Board is doing. He just thinks the sign up fees the families continue to pay each year for their children keep getting higher and higher and then the additional $10.00 fee he felt was too much. He would personally like to see if the Parks Board would come before Council on what monies that is needed and possibly get the City to offset that cost. He expressed it is a burden to some people, but families do pay the fee so their children can play. Discussion continued with Paul Edelman emphasizing the cost to maintain parks. Councilman Garza emphasized that parks are for the children and if we can't allow them to play without it being burdensome to families, then they are not doing a very good social service. Councilman Ervin moved to adopt Ordinance #02-06-07 with changes to be inserted (b} and ©} as noted - "per tournament play." Seconded by Councilman Walker. Motion carried unanimously. 11. Discussion and Status Report from Waters Consulting Group on Search for New City Manager. Councilman Patton addressed this item and advised he was appointed as the communication person between Waters Consulting Group and the City in the search for a new City Manager. He advised the leg work has been done and the information is out on the internet and they have had a good response. The salary range posted on the internet was brought to their attention and that it should have come before the City Council for discussion prior to publishing the information. He contacted Chris Hartung of Waters Consulting Group and asked if he would gather information and data with similar growth patterns to cities similar in size and population to Sanger. Mr. Hartung then provided him with data information from similar cities that he obtained from TML and other resources. There were questions on whether to put the maximum salary range for the new City Manager in the advertisement. They didn't want it to be too high or too low, however, the information Mr. Hartung provided is reasonable and appropriate for the skill level they are seeking. Discussion on the information submitted concerning the salary ranges. Councilman Patton expressed that he would like the salary placed back in the advertisement. Councilman Ervin referenced the data report and asked if this is the base salary on what they start with or does it represent what they are making currently. Councilman Patton indicated that it represents the starting base salary and possibly is at a higher level presently. 12. Consider and Possible Action on Duck Creek Bridge Repairs. City Manager referred to the memo from Robert Wood's, City Engineer, that was included in the packet. He indicated that the County has hired an engineering firm, Dannenbaum Engineering Corp. ,which will work on the bridge and everything South down to Clear Creek. The other part of their contract does not include the ditch North to Mr. &Mrs. Cooper's house or the water shed to the North. The County will not involve themselves in correcting this problem. The City will utilize the engineer's report so the City can do something once we get the report from Dannenbaum Engineering (County's engineer) before something can be done. Councilman Ervin asked if the memo they had from Mr. Looper has been addressed by the County. City Manager indicated it has not been. Mayor asked City Manager if he could take care of that so that the County would get that information. 13. Consider and Possible Action on Hiring Petty &Associates as a Consultant and/or Appointing Petty &Associates to the Committee in Negotiating the Development of the 1,156.97 Acre Tract Owned by Land Advisors, Ltd. and Located in the City (Tomlin tract). Mayor expressed his concern as to the firm's relationship to the Tomlin Group. Since the Tomlin Group has agreed to pay for this service. Councilman Patton indicated if the City Council is going to vote on something that will impact the community for many years to come they need someone with expertise. Councilman Patton gave a brief narrative concerning Mr. Petty's experience when he attended a City Council workshop at the school concerning development districts. Mr. Petty is an interim City Manager at West Lake. He has a consultant business, Petty & Associates. At that meeting, Mr. Petty addressed issues concerning creative financing and discussed the different kinds of taxing districts. Patton indicated he is not for or against and he does not know the answer to the Mayor's question concerning Mr. Petty's involvement with the Tomlin Group. He continued by indicating he does not know if Rebecca or Bob work for them either. Councilman Patton would like for these people who are professionals to sit down and negotiate something that everyone can live with whether it is a yes or a no. When it comes down to an agreement, it will come to the City Council for approval. At that time it will or will not pass. Councilman Patton again emphasized he is not for or against. He is making decisions for people who have approached him. Councilman Patton also emphasized he would like to see the best of Sanger come about. Councilman Patton continued to explain that the City Council does not need to be telling developers "no" all the time. Developers need an opportunity to put their projects on the table. Mayor expressed that he was not indicating that Mr. Petty was not experienced. His concern is that there is already a consultant on the committee. Discussion on the fees for his service and is Tomlin going to agree to pay for Petty's services. Councilman Walker indicated he did not know how Mr. Petty showed up at the meeting at the school, but he seems to be very knowledgeable on both sides of the issue. .Discussion as to the rote he will have on the committee. Councilman Ervin inquired as to Abernathy Roeder Boyd & Joplin and who found them. Mayor advised he did and that the City Council voted on them. Councilman Ervin asked if Joe Smith recommended him. Mayor indicated he might have mentioned him, but he found him. Discussion as to who invited Mr. Petty. There were concerns as to whom he will represent in his role on this committee. Discussed that Mr. Petty could serve the role as an independent negotiator and to advise him that his primary role is to represent the City only. Discussion continued. Joe Falls advised that if the City needs a study, the City should pay for it and not get any developer to pay these fees. Someone from the audience started to address the Council. Mayor advised that they are not really supposed to let anyone speak unless the item on the agenda is a public hearing. Joe Falls called Point of Order and advised Mayor that any citizen is able to speak on any issue on the agenda if they have a concern. City Manager advised that the City Attorney disagrees with that statement. This is a City Council meeting not a public forum. These men are the City Council and they can exclude anyone. Councilman Ervin moved to hire Petty & Associates as the consultant to the committee in negotiating the development of 1,156.97 acre tract owned by Land Advisors, Ltd. and located in the City. Seconded by Councilman Walker. Motion carried 3-l. Councilman Garza voted no. 14. Consider and Possible Action to Approve the Pre -Development and Professional Services Agreement by and Between the City and the Land Advisors, Ltd. (1,156.97 Acre Tract - Tomlin) and Adopt Resolution R#02-05-07 Authorizing the Mayor to Execute the Same. Councilman Ervin moved to pass Resolution R#02-OS-07. Seconded by Councilman Patton. Motion carried 34. Councilman Garza voted no. City Secretary noted the new agreement would be corrected to include Petty &Associates on the committee as noted in the agreement that was inserted in the Council packet. 15. Executive Session: Pursuant to Open Meetings Act, Chapter 551, Texas Government Code, Section 551.072 Real Estate. (a) Deliberations regarding Real Property. Mayor convened City Council into Executive Session at 7:56 p.m.. 16. Reconvene: Into Regular Session and Consider Action, if any, on Items Discussed in Executive Session. Mayor reconvened City Council from Executive Session at 8:17 p.m.. No action taken. 17. Possible List of Future Agenda Items. (a.) Chief Pennington to give an update on the ambulance service. Ile explained that when the State came to do the inspection they had nine deficiencies. He anticipates having them corrected and completed by Friday. The turn around for them to get reinspected is about 15-30 days and he anticipates April 6'h as the date to be in service. (b.) Mayor advised that TXDOT has finished the bridge on FM 4559 but it didn't make the Railroad Crossing going across the bridge any wider. Mayor inquired if TXDOT could help. City Manager advised not yet; however, as growth continues they will have to eventually wWen FM 455. Mayor expressed a concern on possible accidents. CO) City Manager reported that Atmos will be moving their transfer station equipment out of the Ranger Creek bridge within the next week. (d.) Councilman Walker inquired as to the status on the foot bridge across Loop 238. City Manager advised that Buzz Elison has promised to put the walk bridge in, he just does not know when they will begin. (e.) Cecile Carson, Economic Development Director reported that MPRG will have their presentation to Planning & Zoning on March 15' and then it will come to the City Council by March 19t' for City Council approval. Steering Committee will meet again to review before City Council approves. Discussion. Brief update on Downtown Area. Ms. Carson advised that Kelly, Morgan, Allen Nelson Architects have started the layout for downtown improvements. Surveyors will complete their elevation reports within the next two weeks. They will meet with the City staff concerning utilities on the sidewalks. Their goal is to purchase the lights as soon as possible. Ms. Carson advised she will have a film crew here next Tuesday that will do some video spots that will go on the website. This is a free service that was obtained from Texas Municipal League for Economic Development to promote the City and tourism. 18. Meeting adjourned. ATTEST: Rosalie Chavez, City {►6111l11!// i ve Joe Higgs, M y' r