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07/17/2000-CC-Minutes-RegularMINUTES: CITY COUNCIL July 17, 2000 PRESENT: Mayor Tommy Kincaid, Councilman Carrol McNeill, Councilman Joe Higgs, Councilman Andy Garza, Councilman Glenn Ervin, Councilman Craig Waggoner. OTHERS PRESENT: City Manager Jack Smith, City Secretary Rose Chavez, Chief of Police Curtis Amyx, Matt Lambert, Woodrow Barton, Fred and Sunny Yeates, Kim Lacey, Laurence W. Wood, Mike James, Martha Drake, Shelly Ruland, J.B. Haisler, Shirley Haisler, Roger D. Hebard Jr. 1. Mayor Tommy Kincaid called meeting to order, City Manager Jack Smith led invocation, which was followed by the pledge of allegiance. CONSENT AGENDA 2. a) Approve minutes b) Disbursements Motion was made by Councilman Glenn Ervin to approve consent agenda. Councilman Higgs seconded. Motion carried unanimously. 3. Citizens input: Mike James addressed City Council on the Bandstand at the park. Mr. James indicated he had worked with City Manger Jack Smith and they had put something together to go in the paper to allow citizens in the community to give their input. Mike James expressed that he had talked to various people, some are for the bandstand and some are against it. Mike James did request to place some survey flags and stake them at the park. This would allow citizens to visualize where this 20' X 40' building will be placed, which is in the corner. Discussion followed. City Council gave permission for Mr. James to place the survey flags at the park. Frank Ballard approached City Council and indicated he wanted to clear up any misconception anyone might have heard. The Board of Directors of the Chamber of Commerce is behind the bandstand. They realize downtown Sanger has problems. The bandstand in the park will allow the Chamber of Commerce to have events throughout the year that would draw people downtown. The Chamber of Commerce is behind it 100%. Frank Ballard added that he personally does not like the drawing that was in the paper. Mike James also agreed that it needed improvements. The petition that is being signed by certain citizens are those who are against the design that was in the paper. He expects that all parties whether they are for or against the bandstand are for Sanger, he thinks that everyone is just going at it different way. Frank Ballard indicated that he hopes they can come up with a possible solution. He also indicated he welcomes any ideas from the citizens who are against the bandstand. Woodrow Barton, 807 N. 7, Sanger, indicated he was one of the citizens who signed the petition against the bandstand at the one acre park. One of the last green spots in our growing city. People enjoy the park for outings, picnics, etc. He is not against the bandstand. He expressed the school district has places they can hold concerts and cultural events. The are four sites on the west side at the school complex. There is the football stadium, where they could have the biggest band concert and attract a lot of people, there was also a lot of advertisement. He feels the city should not rush with this. Mr. Barton indicated that the city has acquired and come into possession of property between the library and the Ye Olde Sweete Shoppe. That building can be remodeled or it can be demolished and the property goes all the way to the curb of the old Post Office. Mr. Barton indicated a 20' X 40' platform with a roof or canopy would be perfect for a bandstand and they could repair the road in front of the bandstand all the way to the State Highway, Mr. Barton suggested an alternative to pay for the bandstand would be for business or corporate members of the Chamber of Commerce to contribute $1000.00 a piece. Mr. Barton indicated as an individual he would contribute $100.00. The building would be used until the expansion was done to the library. At that time the city would be bigger and different and there may be other alternatives. City Secretary Rose Chavez advised the Council that there were other citizens who had expressed opposition against the bandstand; she advised them to come to the August 7"' meeting. i 4. Consider and Possible Action to Consider Sanger Chamber of Commerce Request for the Closing of Certain City Streets for the Sanger Sellabration. Frank Ballard addressed council for Chamber's request for the closing of City streets. Discussed. Item tabled to allow Frank Ballard, the President of the Chamber of Commerce time to submit a sketch drawing indicating the street closures. His request included closing Elm Street from 5`h Street to 3`d Street, Bolivar from 5`" Street to 3�d Street, from Cherry to Elm Street, from 3rd Street from Cherry to Elm , and from 2"d Street Cherry to Elm. 5. Consider and Possible Action to Consider Sanger Chamber of Commerce Request to Use Hotel/Motel Tax Funds for Advertisements in Regards to the Sanger Sellabration. Frank Ballard addressed Board and indicated last two years Chamber has used Hotel/Motel tax fund for advertisement to promote tourism in regard to the Sanger Sellabration. Brief discussion. Motion was made by Glenn Erwin to give up to $29000.00 to Chamber of Commerce of Hotel/Motel Tax Funds to be used for advertisement for the Sanger Sellabration. Carroll McNeill seconded. Motion Carried unanimously. 6. Consider and Possible Acton for Approval of Resolution of #07-09-00 for Submission of Application for the Telecommunications Infrastructure Grant. Vicky Elieson addressed City Council on a grant application for Telecommunications. She indicated that the Grant isnon-competitive and the Library would get this funding. The grant would cover computers and infrastructure. Ms. Elieson indicated that part of the grant is to cover cost for wiring at the library so when computers are added in the future it would be very easy. Ms. Elieson gave a brief report on the grant requirements, and also explained that the school district had given them the opportunity to tap into the Tone line for internet access. The benefit is high speed connection and things will download much faster and will be more attractive to the public. Ms. Elieson indicated one thing that may or may not be an advantage, is that the internet would be filtered at the router. There will not be a choice on whether or not it will be filtered. The school will not charge a monthly fee for internet access and cost presently is $40.00 per month for internet provider and phone line. Motion made by Carroll McNeill to adopt Resolution #07-10-00. Caption as follows: A RESOLUTION OF THE CITY OF SANGER, TEXAS, AUT'HORIZ][NG THE SANGER PUBLIC LIBRARY TO APPLY FOR A TELECOMMUNICATIONS INFRASTRUCTURE FUND BOARD GRANT. Councilman Andy Garza seconded. Motion Carried unanimously. 7. Consider and Possible Action on Resolution #06-06-00 -Authorizing Award of an Administrative Services Contract for the city's 2001-2003 TCDP Projects, Contingent upon Grant Award. Martha Drake, consultant for Grant Works, addressed City Council. She will be the person who will take over in writing the actual application for the Grant. This process is for the administrative side of the grant. There was only one proposal submitted, and that was Grant Works. Deadline to submit application is August 24, 2000. Discussion. Mayor read caption: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANGER, TEXAS, AUTHORIZING THE AWARD OF SERVICE PROVIDER CONTRACTS FOR THE TEXAS COMMUNITY DEVELOPMENT PROGRAM (TCDP) CONTINGENT UPON THE RECEIPT OF A PROGRAM YEAR 2001, 20029 OR 2003 TCDP GRANT. Motion was made by Councilman Carroll McNeill to approve Resolution #06-06-00 Councilman Glenn Erwin seconded. Motion Carried unanimously. 8. Consider and Possible Action on the Following Appointments: Member to the Beautification Board, Municipal Judge, Municipal Court Clerk, & City Attorney. Motion was made by Councilman Glenn Ervin to appoint Lavern Schertz to Beautification Board, Danny Spindle as Municipal Judge, and Christy Goode as Municipal Court Clerk, and on the City Attorney, to use attorneys representing the firm of Nichols, Dillard, Jackson, Hayer and Smith L.L.P. Seconded by Councilman Andy Garza. Motion Carried unanimously. 9. Consider and Possible Action for Approval of Resolution #07-11-00, Creation of Sanger Municipal Mud District #1. Roger Hebard Jr., 1724 Timber Road, Dallas, X. addressed City Council on the creation of a Municipal Utility District (MUD). Mr. Hebard indicated this may be a good thing for the City of Sanger, because it provides them a vehicle that does not impose any taxes on the City of Sanger and does not take away any from the County or the school district, but it does provide a vehicle where they might be able to be more supportive in building infrastructure, for example like a water tower, or things like that, that may not be so feasible to the surrounding areas. Mr. Hebard thinks this could be the biggest plus that they could offer, the other thing is it would give them the opportunity to provide bigger sewer capacity. There would also be an ad valorem tax on that area inside of the MUD that would eventually pay off any debt which is created, at which time Sanger could come in and annex the property and of course they wouldn't have any debt or very little debt. Mr. Hebard indicated that in that respect it would be very favorable for Sanger. Discussion regarding property not being able to be developed without the creation of districts of water, waste water and drainage facilities if public necessity exists. Councilman McNeill asked if it would be possible to develop it any other way. Councilman McNeill inquired as to who would be providing emergency assistance. Mr. Hebard indicated that the MUD would want to contract with the City for water, sewer, and fire and police protection. Discussion continued concerning property possibly being located in the Bolivar CNN. Discussion on the roads, the property and the tax benefits. Mayor Kincaid indicated that it is the responsibility of the developer to provide the water, the sewer, and the roads. He also indicated that this MUD district would not help the city because the city is going to come to the point where we have a MUD district or a housing addition and that is not going to save the city anything. Mayor also indicated the city would be losing connect fees, this would not benefit the city at all. Discussion continued. Motion made by Councilman Glenn Ervin to deny Resolution #07-11-00. Councilman Carroll McNeill seconded. Motion Carried unanimously. 10. Consider and Possible Action on Purchase of Church of Christ Building for Proposed City Hall Facility. City Manager Jack Smith indicated that architects Phillips and Woods did the drawing for the Church of Christ free of charge, showing what would be done if the City purchased the property. The property is appraised at $275,000.00 and the Church of Christ will sell it to the City at $250,000.00 in the hopes that their main time of using the parking lot is Wednesday night. Mayor Kincaid inquired if this would be indefinitely or just until they complete the parking lot. City Manager indicated until they complete their parking lot. City Manager indicated the building has some 6,800 square feet, which come to a cost of $37.00 per square foot. It also includes a full city block. Lawrence Woods gave presentation of what City Hall would look like by changing entrance and other alterations to the building. Discussion continued as to the alterations that would need to be done to the building. Carroll McNeill inquired as to how much more money Phillips and Woods would need to draw up more detailed plans. Mr. Woods stated that for $5,000.00 he could draw up some documents that would tell how much this job is going to cost. Councilman McNeill stated this is a great piece of property. He indicated his concerns as far as all the property that the city has. He also inquired if there were other options that the City may have. Discussion continued. Jack Smith indicated there are two things to think about, first the properties that the City owns, and secondly how prices are going to go up. He talked about when the school moves in the year 2002. He indicated the County Co-op building would be empty. He indicated the Church of Christ building had good parking and good exposure. Mayor Tommy Kincaid asked if there was any projection on the sales tax for the next six months to a year. Councilman McNeill indicated there was not. Council was in agreement that this building is a bargain. Councilman McNeill inquired if the City was in the position to allow Phillips &Woods to spend this $59000.00 to have a little better idea where the City might stand with the Church of Christ building and that would buy the city a little more time. Mr. Woods stated it would take about six weeks to come up with all the documents. Jack Smith indicated the problem about waiting is that the City has a Police department that is so crowded they are sitting on top of one another. Joe Higgs stated that they had the option of moving into the building next to the Library. Glenn Ervin suggested that the item be tabled and schedule a workshop on the item. Mayor agreed to scheduling a workshop but stated that Phillips and Woods should do the studies, then they should have the workshop. Discussion continued. Mr. Woods indicated that these documents that the City would get for the $5,000.00 would not be a set of plans, but would be documents itemizing what needed to be done to the building. At that point if the city decided to go with the plans then the $5,000.00 would be applied towards the final plans that would be drawn up. Discussion continued. Item #10 tabled. 11. Consider and Possible Action on Policy Procedures for Sanger Police department, Off - Duty Security Employment. Chief of Police Curtis Amyx addressed Council concerning Police Officers and their off -duty time. Chief Amyx presented policy and procedures to the council. Discussed what property belonging to the city that the officers would be allowed to use. Chief Amyx indicated that the officers could use the radios, uniforms, and the cars if it is inside the City Limits. He also stated that the Police officers have state wide jurisdiction. Discussion on the liabilities, policies, and procedures the officers would have when they are on duty for whatever company they are working for. Councilman Garza expressed concerns regarding jurisdiction, liabilities, and city property. Chief Amyx indicated he would not allow officers to take cars out of the city limits to work a second security job. Discussion. Councilman Higgs moved to adopt Policy Procedures for Sanger Police Department, Off -Duty Security Employment. Councilman McNeill Seconded. Motion Carried unanimously. 12. Consider and Possible Action on Resolution #-7-08-00 Setting Date, Time and Place of Proposed Annexations. A RESOLUTION SETTING A DATE, TIME AND PLACE ON PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF BANGER, AND AUTHORIZING AND DIRECTING THE PUBLICATION OF NOTICE OF SUCH PUBLIC HEARINGS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: That such Public Hearings will be held by the Governing Body of the City of Sanger, in the City Hall at 7*00 P.M. on August 7, 2000, and on August 21, 2000, for the purpose of considering annexation into the City limits of the following described property: INDIAN SPRINGS EST., BLOCK A, LOT 5 BEING ALL THAT CERTAIN TRACT OF LAND SURVEY, ABSTRACT 29, TRACT 113, AND SITUATED IN THE RUEBEN BEBEE BEING ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE SURVEY, ABSTRACT 29, TRACT 114, RUEBEN BEBEE PASSED AND APPROVED, this 17th day of July, 2000. Public Hearing Set 7:00 p.m. on August 7, 2000 and August 21, 2000. Joe Higgs moved to adopt Resolution #07-08-00 to Set Date, Time and Place of Public Hearing for Proposed Annexation. Councilman Ervin seconded. Motion carried unanimously. 13. Conduct Second Public Hearing on Proposed Annexations on Properties Legally Described as Follows. BEING ALL THAT TRACT OR PARCEL OF LAND WHICH SITUATED IN ABSTRACT 71, TEMM ONS, ON SURVEY, TRACT 27A, BEING 15 ACRES. PROPERTY IS LOCATED AT 1801 S. STEMM ABSTRACT 1241, HENRY TIERWESTER SURVEY, TRACT 45, BEING 2.50 ACRES. PROPERTY IS LOCATED AT 4799 BELZ ROAD. ABSTRACT 71A9 BURLESON SURVEY, TRACT 7, BEING 22.11 ACRES. PROPERTY IS LOCATED ON COWLING ROAD (OLD US HWY 77). ABSTRACT 71A9 BURLESON SURVEY, TRACT 269 BEING 29.331 ACRES, AND ABSTRACT 666A9 JOHNSON SURVEY, TRACT 3 & 89 BEING 35.036 ACRES, AND ABSTRACT 666, IN THE R.A. JOHNSON SURVEY, TRACT 49 BEING 43.694 ACRES. PROPERTY IS LOCATED ON STEMMONS RD (Eagle Farms), AND ONE MILE WEST ON BELZ ROAD, RIGHT OF WAY, AND ABSTRACT 071A, BURLESON, TRACT 61 BEING 4.0129 ACRES (HAISLER), AND ABSTRACT 940A MCKINNEY & WILLIAMS, TRACT 7 (HS), BEING 2.000 ACRES (HAISLER), AND ABSTRACT 940A, MCKINNEY & WILLIAMS, TRACT 7, BEING 42.91 ACRES (HAISLER), AND ABSTRACT "A BURLESON, TRACT 4 & 5 (PT), BEING 16.000 ACRES (HAISLER)9 AND ABSTRACT 664A9 F. JAIlVIE9 TRACT 319 BEING 9.61 ACRES (IIAISLER)9 AND ABSTRACT 666A9 JOHNSON9 TRACT 21 BEING 177.87 ACRES (HAISLER)9 AND ABSTRACT 29, R. BEBEE SURVEY, TRACT 109, BEING 4.1277 ACRES, (KT'S) AND, ABSTRACT 29, R. BEBEE SURVEY, TRACT 116, BEING 3.00 ACRES (BEARD'S), AND ABSTRACT 12415 HENRY TIERWESTER SURVEY, BEING PART OF A CALLED 66 ACRE TRACT II, BEING A TOTAL OF 26.1544 ACRES. TO BE KNOWN AS HERITAGE WEST ADDITION, AND INDIAN SPRINGS EST, BLOCK A, LOT 6, AND INDIAN SPRINGS EST, BLOCK A, LOT 2, AND INDIAN SPRINGS EST, BLOCK A, LOT 1. Mayor Kincaid declared public hearing open. J.B, Haider spoke in opposition of the annexation. Discussion. Mayor declared public hearing closed. 14. Any other such matters. a) City Manager reported that volunteer fireman Jeff Morris was injured while fighting a structure fire today. He does not know the status of his injuries. b) Councilman Waggoner indicated he was approached by a member of the Sanger Historical Society, and they were under the impression that a portion of the Hotel/Motel tax funds had been ear marked for renovation of the Old Presbyterian Church. Discussion regarding the project, and that it had been discussed at a previous meeting,,}��;�pairs and funding had been discussed; however, an amount had 15. Meeti �d°jour ATTET; :