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04/20/1998-CC-Minutes-RegularMINUTES: City Council April 20, 1998 PRESENT: Mayor John Coker, Councilman Tommy Kincaid, Councilwoman Mace Madden, Councilman Mike James, Councilman Jerry Jenkins ABSENT: Councilman Jimmy Frazier OTFIERS PRESENT: City Secretary Rosalie Chavez, Street Superintendent Chuck Tucker, Water/Wastewater Superintendent Eddie Branham, Chief of Police Benny Erwin, Electric Superintendent Jeff Morris, Kim Lacy - Municipal Development Services, John Porter Jr., Glenn Ervin, Richard Derryberry, Joy Testa, Rick Carter 1. Call Meeting to Order, Invocation, Pledge of Allegiance Mayor Coker Called the Meeting to Order. Councilwoman Madden led the Invocation followed by Councilman James leading the Pledge of Allegiance. 2. Executive Session pursuant to the Open Meetings Law, Chapter 551, Govt. Code, Vernon's Texas Codes Annotated, in accordance with the authority contained in Govt. Code Section 551.074 Personnel Matters. a) Consider and Possible Action to Appoint City Manager. Mayor Coker Convened Council into Executive Session at 7:00 p.m. 3. Reconvene into Regular Session and Consider Appropriate Action, if any, as a result of item discussed in Executive Session. Mayor Coker Reconvened Council into Regular Session at 7:10 p.m. Mayor Coker indicated the City had received 25 applications for the position of City Administrator. Motion was made by Councilman James to offer the City Administrator position to Jack Smith. Seconded by Councilman Jenkins. Motion Carried unanimously. CONSENT AGENDA 4. a) Approve Minutes b) Disbursements Motion was made by Councilman Jenkins to Approve Consent Agenda. Seconded by Councilman James. Motion Carried unanimously. 5. Citizens Input. None. Consider and Possible Action Regarding Request/Letter from Joy Testa. Mrs. Joy Testa, Rt 19 BoxSanger, addressed Council on this item. She referred to the letter she had written to Council regarding the lot that was donated to the City from the Catholac Dioceses which she had purchased from the City. Mrs. Testa was requesting Council's assistance to clear the title. She also indicated that the City is taking the position that she knew there was a "cloud" on the title. She reminded Council of the advertisement and presented a copy. The CCM 04/20/98 PAGE 2 advertisement on the sale of this property was not indicated as is only no closing cost to the City". Mrs. Testa continued to elaborate and provide correspondence regarding the property, and the fact that she had never been informed of the "cloud" on the title. There was a lengthy discussion that followed. Mayor did inform Mrs. Testa that Mr. Keesler had told Rose and himself that she -- had been informed that there was a "cloud" on the title when she was trying to buy the property, and that she would be buying the property "as is". Mayor indicated then Joy Testa came back with a letter dated March 20, 1998 requesting the City to take the property and file the suit to clear the title. At that time he instructed Rose to forward this to the City Attorney which his correspondence was in last Council Packet with his recommendation. Mrs. Testa continued to express that she was never informed of the cloud on the title prior to her bidding on the property, and there is an added expense to cure the title. Mrs. Testa continued and asked why the City did not file adverse possession at the time the property had been donated by the Catholic Diocese. She indicated that in February of this year she returned the Special Warranty Deed back to the City Administrator Mr. Keesler since it was never filed. She also wrote a letter requesting the City to take back the property and "clear" the title, and then reissue it back to her. Mrs. Testa indicated that in her letter she stated she would pay for that expense; however, at that time she was advised by City Secretary that City Council was not interested in pursuing this. Discussion followed and Mrs. Testa was asked if she still wanted her property. Mrs. Testa indicated she no longer wanted the property. The Mayor also indicated that he personally does not feel the City should sue the Catholic Diocese to clear the title, and again the Mayor advised Mrs. Testa that she was told there was a "cloud" on the title. Discussion. Motion was made by Councilman Jenkins to return the amount of money paid to the City by Mrs. Testa for the property legally described as Lot 2, Block 46, Original Town of Sanger. Seconded by Councilman Kincaid. Motion Carried unanimously. 7. Consider and Possible Action to Approve Request from Church of Christ to Close Locust Street between Fifth Street and Fourth Street. Mayor Coker indicated that the Church of Christ is requesting that the City close Locust Street between Fifth and Fourth Streets. Their intent is to consolidate the - two lots for the purpose of the construction of a new building on the south lot. Councilman Kincaid indicated that Ronny Beard, one of the elders of the church had contacted him. Mr. Beard had indicated the church wanted the street closed to utilize the easement for parking. 1€e also indicated the members would be going back and forth between the two buildings and were concerned as to the traffic on that street. Mayor Coker stated he could not see how Council could close a street that is traveled daily by the residents. CCM 04/20/98 PAGE 3 Councilman Kincaid asked Council to table this item until the Church could present some plans. Tony Krauska with Hunter's Associates cautioned the Council about closing a street without consulting the City Attorney. Mr. Krauska stated a City could get into some litigation since there are procedures required by State law. Item postponed. 6 (8). Consider and Possible Action to Approve Resolution No. 04-98 for Funding through the Texas Dept. of Housing and Community Affairs Texas Capital Fund Infrastructure Grant Program for Gravity Enterprises. Kim Lacy, Municipal Development Services, addressed Council to pass two resolutions and a procedural guide for citizens who have a complaint about grant applications. Kim Lacy indicated one of the grant applications is for Gravity Enterprises. They will move to Sth Street and Interstate 35. They need some infrastructure in the form of water, road improvements and drainage improvements. The estimates for these improvements are about $616,000 with administrative funds of $35,000 over a 3 year period. The total application is for $651,000. The water system improvements will loop the water systems in the area in order to provide fire protection in the industrial part of that development. The other application is far IESI. They are needing improvements on Utility Road for water, sewer, and street. Their improvements will be in the amount of $610,000 with an administrative fee of $50,000 to be administered over a 3 year period of time, making their total application $660,000, Kim continued to explain the resolutions are only in support for tfie busnnesses to apply for the funds. This does not obligate the City in any way. At the time applications are approved the City will be given a contract to sign which will detail the items and the special conditions that will be placed on the City and what the responsibilities are for the City and the business. Gravity Enterprises will employ around 32 jobs, and IESI is looking at 33 jobs. Kim briefly discussed the complaint procedure which is required in the application process. Motion was made by Councilman Kincaid to Adopt Resolution No. 04-98. RESOLUTION No. 04-98 A RESOLUTION APPROVING AN APPLICATION FOR FUNDING THROUGH THE TEXAS DEPARTMENT OF H®USING AND COMMUNITY AFFAIRS TEXAS CAPITAL FUND INFRASTRUCTURE GRANT PROGRAM. The infrastructure grant funds to benefit Gravity Enterprises is in the amount of $616,000, and the administrative grant is $35,000 which is a total of $651,000. Seconded by Councilwoman Madden. Motion Carried unanimously. Consider and Possible Action to Approve Citizen Complaint Procedures for the Texas Community Development Program. CCM 04/20/98 f7[eix! Motion was made by Councimman Jenkins to Approve Citizens Complaint Procedure as presented with changes that were noted. Seconded by Councilman Kincaid. Motion Carried unanimously. *Item to change was the word City Manager to City Administrator. 8 (10) Consider and Possible Action to Approve Resolution No. OCr98 for Funding through the Texas Dept. of Housing and Community Affairs Texas Capital Fund - Infrastructure Grant Program for Improvement and Upgrading Utility Road. Motion was made by Councilwoman Madden to Adopt Resolution No. 06-98. RESOLUTION No. 06-98 A RESOLUTION APPROVING AN APPLICATION FOR FUNDING THROUGH THE TEXAS DEPARTMENT OF ECONOMIC DEVELOPMENT -TEXAS CAPITAL FUND The infrastructure grant funds to benefit IESI for water, sewer, and street improvements to Utility Road is in the amount of $610,000, and the administrative grant is $50,000 which is a total of $660,000. Seconded by Motion Carried unanimously. 11. Consider and Possible Action to Approve Resolution No. 05-98 for Low Income Housing Tax Credit Program. Item discussed in great length. The property Mr. Lynch referred to is located west of GNB Bank. Mr. Lynch addressed Council on this item. The Federal government allocates tax credits of 1.25 per capita for each state annually which is then administered by the Texas Department of Housing and Community Affairs (TDHCA). The tax credit program is a means of directing private capital towards creation of high quality, affordable rental housing. These credits provide developers of this housing with a means of raising capital by selling credits to larger corporations for use against their federal tax liability in exchange for the capital to be used in the production of this type housing. Mr. Lynch indicated the important aspect of this project is completion of the application. Discussed at length was the designation of the PID (Public Improvement District). Upon designation of the PID by the City, the developer will score 5 points on the application. The City in designating the PID will not in any way make the City liable to any state agency. The City's only liability will be their contribution in conjunction with the PID which has to be $5,000 or greater. Mr. Lynch gave examples of contributions; ie., waiving first year property taxer, waiving building permits, water and sewer taps. The development will consist of 64 units. Tlae units will be 2 or 3 bedrooms ranging from 1200 to 1387 sq. ft. living area. Each unit will have a garage attached. CCM 04/20/98 PAGE 5 Mayor Coker indicated that a sewer line would have to be run to the property. Mr. Porter, owner of the property, is willing to pay for boring under Interstate 35 to tie in to a sewer line on the east side of I-35, and furnishing the pipe for the sewer line. The City staff has discussed digging the trench for the pipe from the north line, and Mr. Porter then will pay for the expense to bore under I-35 and take the sewer line across. Lengthy discussion continued regarding the sewer line. Motion was made by Councilman Kincaid to Approve Resolution No. 05-98 with the boundaries from I-35 Service Road to 455 to extend to the City limits to the west and to the north. Seconded by Councilman James. Motion Carried unanimously. Mr. Porter did indicate there will be an plat submitted later. Mr. Lynch stated they would also come back and request proper zoning for the development. 12. Issue Proclamation No. P03-98 Declaring the week of May 17, 1998 as National Safe Boating Week. Motion was made by Councilman Kincaid to issue Proclamation P03-98. Seconded by Councilman Jenkins. Motion Carried unanimously. 13. Consider and Possible Action to Approve Ordinance No. 04-98 Amending Animal Control Chapter 2, Article 2.100 Definitions and Article 2.300 Dangerous Dogs. Sr. Animal Control Officer Eddie Branham addressed this item to amend our existing ordinance in regards to "dangerous dogs". The only change in the ordinance would be dangerous dogs attacking other animals. Discussed. Motion was made by Councilman Jenkins to Approve Ordinance No. 04-98 Amending Animal Control Chapter 2, Article 2.100 Definitions and Article 2.300 Dangerous Dogs. Seconded by Councilman James. CITY OF BANGER ORDINANCE No. 04-98 AN ORDINANCE OF THE CITY OF BANGER, DENTON COUNTY, TEXAS, AMENDING ANIMAL CONTROL CHAPTER 2, ARTICLE 2.100 DEFINITIONS, AND ARTICLE 2.300 DANGEROUS DOGS OF THE SANGER CODE OF ORDINANCES; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Motion Carried unanimously. 14. Consider and Possible Action to Appoint Board Members to Various Boards. Mayor Coker indicated there are two vacancies, one is on the Board of Adjustment, and one is on the Parks Board. The Mayor has asked Sam Burrus to serve on the Board of Adjustment, and Beverly Branch would like to serve on the Parks Board. Motion was made by Councilman Kincaid to Appoint Sam Burrns to Board of Adjustment and Beverly Branch to the Parks Board. Seconded by Councilwoman Madden. CCM 04/20/98 Motion Carried unanimously. 15. Any Other Such Matters. PAGE 6 a) or Coker indicated the City Administrator will begin working on Monday, and possibly he may come earlier. Mayor asked if Council would consider asking the Chamber of Commerce to have coffee, punch, at the City's expense to introduce Mr. Smith and his wife to the citizens of Sanger. Consensus of Council to proceed in contacting Mrs. Jenkins or Jimmy Lou to make the necessary arrangements at the expense of the City. b) Mayor Coker informed Council that there was a letter of correspondence from Mr. Wulliman, Gada Construction Co. Inc. indicating what he understood as far as the City's requirements on the size of lines and at whose expense, not the City's, dated April 16. c) Police Chief Benny Erwin has also submitted a memo in regards to utilizing the Inmate Work Program from Denton County. The City would need to furnish one employee (detention officer) and a van. Mayor Coker indicated there would not be any liability to the City. The inmates that would be sent would be minimum security - insufficient checks, DWI's. Mayor Coker stated he would like Council to think about this program and keep it on their minds. d) Jeff Morris and Eddie Branham reported on the new handhelds. Jeff stated there were some problems, and hopefully it will get better as they get used to the handheld and loading the routes. Mayor also informed Council that the staff has discussed the possibility of contracting the meter readings to another utility such as Lone Star Gas. They are just gathering cost information and no action has been taken. e) Councilman Jenkins reminded City Secretary to be sure to send letters to all applicants who applied for City Administrator's position. f) Councilman Jenkins also indicated that Friendship Cable needs to be placed on the agenda again. Mayor Coker advised he has visited with them; however, he requested from them to put everything in writing as to their intentions regarding equipment and customer service. g) Jeff Morris reported they have gotten approved by the Department of Labor for their 4 year training program. h) Mayor Coker reported Eddie and some of his crew have received some more licenses that the City needed for Wastewater. Mayor and Council gave their congratulations. i) Tommy Belcher has been working with the Chevrolet house in repairing a transmissian in one of the police cars. j) Benny Erwin reported he attended school in McKinney all last week. k) Chuck Tucker reported two of his employees have received their CDL License. CCM 04/20/98 PAGE 7 Chuck also reported the ball park has all the Iights up. t) The Mayor informed Council that the Electric Dept. had to lease a ditcher to finish a project north of town to be able to dig through the rock. The City will need to consider upgrading the ditcher in the near future. m) Mayor Coker stated Rose's department has been in turmoil. First, there were two weeks of training on the new program, and today employees started on the computer handhelds. However, Mr. Smith will be able to assist since he is very knowledgeable on the software. n) Councilman Kincaid 'enquired if the sewer disposal at the Park is chemical or underground since he had received complaints about a "smell" and they thought it was from th sewer disposal at the park. Chuck Tucker stated it is tied to the sewer line, and it goes to the wastewater plant. He indicated it possibly was the sewer plant if the wind was blowing right. o) Mayor also stated Eddie and his crew have been walking the sewer line on the east side of the 1-35, and getting ready to do Joe Falls property. They walked all of the west side. There were several problems found in the area, and every problem was addressed and corrected. They are getting estimates for the bore under the freeway, and the crew is now working on the east side. p) Councilman James asked when the downtown street would be repaired. The Mayor advised that the contractor has already acknawledged he did a poor job, and he will be coming back in May. The Mayor stated if they do not come back in May, then they will contact Mark HUI, with Hunter Associates. It will start in May and go through July. Mayor also informed Council that the County is widening Keaton Road going to the school. They are going to widen the corner to make a bigger turn area, and straighten the road to the south to the new school. The County has indicated they are willing to work with the City on at least 1'/z miles. They have requested the City designate their streets, and then they will come in with coated black rock. 16. Meeting Adjourned. Coker III; Mayor ATTEST: Ros ie Chavez, City Secre