05/21/2007-CC-Minutes-RegularMINUTES: CITY COUNCIL
MAY 219 2007
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i PRESENT: Mayor Higgs, Councilman Muir, Councilman Walker, Councilman Ervin,
Councilman Patton, Councilman Garza
OTHERS
PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez, Jim
Williams, Marie Putt, Joyce Fuller, Annette Williams, Travis Underwood, Barbara
Martin, Kem Green, Russell Martin, Buster Kirkland, Malinda Kirkland, Robert
Welton, Joyce Welton, Linda Thaten, Mike Thaten, Lynelle Stroope, David Stroope,
Margaret Lange, Ann Miller
1. Call Meeting to Order, Invocation, Pledge of Allegiance.
Mayor Higgs called meeting to order, led Invocation, followed by Councilman Walker
leading the Pledge of Allegiance.
2. Canvass Votes from General Election held May 12, 2007.
a. Issue Certificates of Elections
Results from early voting and May 12, 2007 election:
Place Name Early Election Total
1 Thomas Muir 251 146 397
3 Mike Walker 154 99 253
Jimmy Evans 74 50 124
Kay Van Hauen 50 29 79
5 Joe Falls Al 34 76
Rusty Patton 161 94 255
Ken Wilson 84 49 133
Motion made by Councilman Garza to approve canvass of the votes. Seconded by
Councilman Ervin. Motion carried unanimously.
CONSENT AGENDA
3, a) Approve Minutes: May 7, 2007
b) Disbursements
Councilman Patton asked if staff could check the spelling on Cammie Patton.
Councilman Muir made a correction on page 7 - 4" paragraph to change "require" to
"acquire" and change "on" to "continued regarding".
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Councilman Ervin reviewed the billing from Nichols, Jackson & Dillard and questioned the
fees for the contract of the City Manager. Motion made by Councilman Ervin to approve
consent agenda. Seconded by Councilman Walker. Motion carried unanimously.
4. Citizens'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.
5. Conduct Public Hearing in Regards to the Adoption of a Local Safe Routes) to School Plan
and Submission of Application to Texas Department of Transportation.
Mayor declared Public Hearing open.
City Manager advised that Rob Woods was to address this item; however, his father was
in the hospital and he could not make it to the meeting.
City Secretary advised that this is a grant through the Texas Department of Transportation.
The deadline for submittal is May 25, 2007. The Sanger Independent School District is
supporting this grant. This grant will provide the development with pedestrian/bicycle
improvements including sidewalks, signage, and crossing upgrades within two miles of
Sanger schools.
Discussion continued and council requested that they would like more information.
Public Hearing closed.
6. Consider and Possible Action on Resolution #OS-09-07 that Adopts Local Safe Routes to
School Plan and Authorizes Submission of an Application to the Texas Department of
Transportation's Safe Routes to School Program for Funds to Construct Infrastructure
Improvements in the Areas of Sanger Schools.
Motion made by Councilman Patton to approve Resolution #05-09-07. Seconded by
Councilman Walker. Motion carried unanimously.
City Secretary advised that she will send the City Council all the information and plans
concerning this grant.
7. Consider and Possible Action on Resolution #0540-07 Authorizing and Approving
Publication of Notice of Intention to Issue Certificates of Obligation; and Providing for an
Effective Date.
Ted Christensen with Government Capital addressed the City Council concerning this item.
Mr. Christensen advised this is a twenty year obligation with a loan payment of
$131,000.00 a year which will start next budget year.
Councilman Walker made the motion to approve Resolution #0540-07 approving
Publication of Notice of Intent to issue Certificates of Obligation. Seconded by Councilman
Patton. Motion carried unanimously.
I Councilman Muir inquired on the fee structure for this bond issuance.
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Mr, Christensen indicated that the bond fees, Attorney General fees and Government
Capital will be under $30,000.00.
80 Consider and Possible Action for Use of the Park on the Square for Movies.
Russell Martin, President of the Sanger Downtown Association, addressed the City Council
regarding movies to be shown this summer in the downtown park.
Mr. Martin indicated all of the movies will be free. Two years ago this project went real
well. He indicated that they will serve some food. All the movies will be on Saturday and
some of the movies include Charlotte's Web, Sponge Bob, and Cheaper by the Dozen.
Motion was made by Councilman Muir to authorize the Sanger Downtown Association to
use the park on the square for movies in the park, Seconded by Councilman Garza.
Motion carried unanimously.
9. Consider Public Hearing to Consider a Concept Plan Relating to a Future Zoning Request
Change from AG (Agriculture) to PD (Planned Development) on Property Legally
Described as Abstract 103, P.S. Black Survey, Tract 18, Being 8.301 Acres. Property is
Located North of Indian Springs Subdivision and East of Choctaw Ridge Estates.
Motion made by Councilman Muir to table Item 9 & 10. Seconded by Councilman Ervin.
Motion carried unanimously.
10, Consider and Possible Action Regarding a Concept Plan Relating to a Future Zoning
Request Change from AG (Agriculture) to PD (Planned Development) on Property Legally
Described as Abstract 103, P.S. Black Survey, Tract 18, Being 8.301 Acres. Property is
Located North of Indian Springs Subdivision and East of Choctaw Ridge Estates.
See motion on Item 9.
1L Consider and Possible Action Regarding a Preliminary Plat for Indian Lane Elementary
School. Property is Located on Indian Lane, North of McReynolds Road, and South of
Sanger High School.
Bryan Waddey of Isbell Engineering advised that when the high school was built it was
never platted. The preliminary plat includes the three tracts that are affected by the
development,
Discussion on the three tracts.
Thomas Muir inquired if this plat would include a drainage study.
Bryan Waddey indicated that it would and advised that a detention pond is indicated on
the plat.
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Motion was made by Councilman Patton to approve preliminary plat for Indian Dane
Elementary school. Seconded by Councilman Garza. Motion carried unanimously.
12. Consider and Possible Action on 2007 Denton County Interlocal Agreement for Property
Tax Collection.
Council had a brief discussion on the contract.
Motion was made by Councilman Muir to approve the 2007 Denton County Interlocal
Agreement. Seconded by Councilman Patton. Motion carried unanimously.
13. Consider and Possible Action on Waiving Permit Fees for New Elementary School.
Mayor advised that this probably can't be done, but if we could take a percentage of
students outside the city limits versus those inside the City then a percentage could be
calculated on the waiver of the permit fees.
Councilman Ervin expressed that the City has laws just like the school that it has to follow
and referenced the email the City Attorney had sent regarding this matter.
Councilman Garza expressed that the City waives fees for non-profit organizations like
Habitat for Humanity and the school is a non-profit organization.
Discussion followed.
Kem Green, 1002 Keaton, asked if the City could charge the fees and donate them to the
Sanger Education Foundation.
City Manager advised that the City cannot give away public funds.
Councilman Muir expressed that all citizens pay their fair share of school taxes and waiving
the fees is placing a burden on taxpayers.
Discussion continued.
Councilman Patton made a motion for the waving of the permit fees far the new elementary
school. Seconded by Councilman Garza. Motion carried 3-2.
Councilman Ervin and Councilman Muir voted no.
14. Consider and Possible Action to Adopt Ordinance #054$-07 Amending Fiscal Year Budget
W07.
Councilman Ervin asked if the raises had been included in the budget.
City Manager advised that they were not included.
Discussion followed.
Councilman Muir advised that the letter from the City Attorney indicated that the City
Manager is also the budget officer. He also clarified on what can be done with the budgets
as long as it does not exceed appropriations that were budgeted.
Councilman Garza expressed that lie had a concern with the wording "unforeseen
requirements". He indicated that unforeseen is a broad statement.
Councilman Muir indicated in the same paragraph that it states, "the ordinance provides
that the City Manager is authorized to make intra and interdepartmental fund transfers
during the fiscal year as may be necessary in order to avoid depletion of funds in a
particular account.
Councilman Walker expressed that if the City has good people then it is warranted to keep
them.
Motion made by Councilman Ervin to adopt Ordinance #05-1$-07 amending fiscal year
budget 06-07. Seconded by Councilman Garza. Motion carried unanimously.
Caption as follows:
AN ORDINANCE OF TFIE CITY OF SANGER, TEXAS, AIVIENDING THE 2006-2007
FISCAL YEAR BUDGET, ORDINANCE N0. 0945-06, TO TRANSFERFUNDS AMONG
VARIOUS ACCOUNTS AS SHOWN IN EXHIBIT A ATTACHED TO PROVIDE FOR
SALARY INCREASES FOR EMPLOYEES THE CITY; AND PROVIDING FOR AN
EFFECTIVE DATE,
15. Consider and Possible Action to Appoint a Member to the Comprehensive Master Plan
Steering Committee.
Motion made by Councilman Patton to appoint Gary Bilyeu to the Master Plan Steering
Committee. Seconded by Councilman Muir. Motion carried unanimously.
16. Consider and Possible Action on Ordinance #0547-07 Amending Article $.300, Curfew
Declared on Public Property and Article 12.1100 Parking Regulations At Community
Center/Switzer Park, Kammie Patton Park and Any Future Community Park.
Council discussed the wording on Section I to remove "future" and "community" and to
insert "neighborhood" in the ordinance.
Motion made by Councilman Ervin to approve Ordinance #0547-07 with approved changes
as discussed. Seconded by Councilman Walker. Motion carried unanimously.
Caption as follows:
AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS,
AMENDING THE CODE OF ORDINANCES OF THE CITY OF SANGER BY
AMENDING ARTICLE 8.300 "CURFEW DECLARED ON PUBLIC PROPERTY" AND
ARTICLE 12.1100 "PARKING REGULATIONS AT COMMUNITY/SWITZER PARK"
TO INCLUDE KAMIVIIE PATTON PARK AND ANY FUTURE COMMUNITY PARK;
PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
17. Executive Session: Pursuant to Open Meetings Act, Chapter 551, Texas Government Code,
Subchapter D, Section 551.072, (Real Estate) Property Acquisition and 551.074 Personnel
Matters (City Manager Professional Service Agreement & Employment Agreement).
Mayor convened City Council into executive session at 8:29 p.m.
18. Reconvene: Into Regular Session and Consider Action, if any, on Items Discussed in
Executive Session.
Mayor reconvened City Council into regular session at 9:29 p.m.
Mayor indicated that City Council agreed to accept Jack Smith's resignation as of May 31,
2007 as City Manager and appoint Rose Chavez as interim City Manager until a new City
Manager is hired.
Mr. Dillard is to be contacted to draw up a contract for the purchase of two properties and
to proceed with paperwork on lease agreements on the two pieces of property.
Mayor asked for a motion on these items.
Councilman Muir made the motion to proceed with Mr. Dillard's law firm for the purchase
oI the two pieces of property with an interim lease agreement on both properties. Seconded
by Councilman Ervin. Motion carried unanimously.
Councilman Muir made the motion to accept Jack Smith's resignation as City Manager as
of May 31, 2007 as indicated on his letter dated November 3, 2006. Seconded by
Councilman Garza.
City Manager was thanked for his years of service to the City.
Motion carried unanimously.
Motion was made by Councilman Patton to appoint Rose Chavez as interim City Manager
to perform City Manager duties until such time that a new City Manager is hired.
Seconded by Councilman Garza. Motion carried unanimously.
19. Consider and Possible Action on Appointment of Member to Serve on Board of Directors -
Upper Trinity.
Councilman Ervin made the motion to appoint City Engineer, Rob Woods to serve on
Board of Directors - Upper Trinity. Seconded by Councilman Garza. Motion carried
unanimously.
20. Mayor adjourned meeting.
ATTEST:
Rose Chavez, City
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Joe Higgs, yor