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07/20/1998-CC-Minutes-RegularMINUTES: City Council July 20, 1998 PRESENT: Councilwoman Alice Madden, Councilman Mike James, Councilman Glenn Ervin, Councilman Jerry Jenkins ABSENT: Mayor Pro-Tem Tommy Kincaid OTHERS PRESENT: City Administrator Jack Smith, City Secretary Rosalie Chavez, Street Superintendent Chuck Tucker, Water/Wastewater Superintendent Eddie Branham, Chief of Police Benny Erwin, Electric Superintendent Jeff Morris, Linda Piatt, Woodrow Barton, C. G. McNeill, John Bucklew, Doris Garner, Robert Garner, Shelly Ruland, Frank Rodgers, Ken Cornell, Joe Falls, Patty Falls, Dilana Moseley, Wayne Moseley, Ed Farmer, Doug Johnson, Vickie Jenkins, Wanda Ervin, Thomas Holland, Joe Higgs, Bev Branch, Julia Beavers, Brad Martin, Beverly Drake, Dennis Wozniak, Diana Cruz, Joey Copeland, Andrew Foote, Rick Fuller, Frank Ballard 1. Call Meeting to Order, Invocation and Pledge of Allegiance. Councilwoman Madden led Invocation, Councilman Ervin followed with the Pledge of Allegiance. 2. Consent Agenda a. Minutes: May 20,1998 Workshop - May 26, 1998 Special Called Meeting, June 2, 1998 - June 6, 1998 Special Called Meeting June 15, 1998, June 22, 1998 and June 27, 1998 Special Called Meeting b. Disbursements Motion was made by Councilwoman Madden to approve consent agenda with exception of minutes. Seconded by Councilman Ervin. Councilman James mentioned that there was a mistake on the May 20th minutes on page 22, that the motion was seconded by Councilman Ervin. Motion Carried. 3. Citizens Input. Woodrow Barton addressed Council and indicated that on May 26th that five hundred and forty five citizens of Sanger, and five hundred and eighty two citizens surrounding the Sanger area had signed petitions that were submitted to the City asking the City of Sanger to join in opposition of the landfill. On June 2nd, the Council rescinded the contract with IESI, on June 8, the Council rescinded the committee to study the contract. Mr. Barton indicated that the next step was the passing a Resolution in opposition of the landfill. He urged the council to pass the Resolution, and added that N someone was holding the Council or the citizens hostage, with threat of a lawsuit, the citizens would like to know. 4. Conduct Public Hearing on Replat of Tract 52 and Tract 56, H. Tierwester, Abstract 1241 now known as Foodmaker Addition. Public Hearing Opened. Dennis Wozniak, 7700 Bent Branch, Irving, Construction Manager for Jack in the Box -addressed Mark Hill's letter and indicated they had responded to all items, and provided copies of all necessary items to satisfy engineering requirements. Public Hearing Closed. 5. Consider and Possible Action on Replat of Tract 52 and Tract 56, H. Tierwester Abstract 1241 now known as Foodmaker Addition. Councilman Jenkins indicated there were a few items not completed, per a fax received by Jack Smith. CC MINUTES PAGE 2 Mr. Wozniak indicated he had closed escrow on the property and the documents had gone in for recordation, so they did not physically have that item available. He requested they approve the Replat contingent on submittal of those documents the following day. Motion made by Councilman James to approve Replat of Tract 52 and Tract 569 H. Tierwester Abstract 1241 now known as Foodmaker Addition contingent upon submittal of all final documents. Seconded by Councilwoman Madden. Motion carried. 6. Conduct Public Hearing on Grant Application to the Texas Parks and Wildlife. Kim Lacey addressed City Council and indicated this was the final step, before submitting grant application to Texas Parks & Wildlife. The application must be submitted by July 31st. She indicated Julia Beavers was there to answer any questions. Julia Beavers indicated they had some fields that were built by citizens, donations, and city crew. She indicated it would be wheelchair accessible, have fitness stations, small playground, Tennis and Basketball courts, and other sport facilities. She indicated they were accepting donations throughout the 6 month process. Discussion. Ms. Lacy indicated they would start after the grant is approved. Councilman James asked if six hundred and fifty thousand dollars would complete the project. Kim Lacy indicated that it would. Discussion. Public Hearing Closed. 7. Consider and Possible Action to Approve Resolution R07-98 Supporting the submittal of grant application to Texas Parks and Wildlife Department for Railroad Park. Motion made by Councilwoman Madden to Approve Resolution R07-98 Supporting the submittal of grant application to Texas Parks and Wildlife Department for Railroad Park. Seconded by Councilman Ervin. A RESOLUTION OF THE CITY OF SANGER, TEXAS HEREINAFTER REFERRED TO AS "APPLICANT", DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE "APPLICANT" IN DEALING WITH THE TEXAS PARKS & WILDLIFE DEPARTMENT, HEREINAFTER REFERRED TO AS "DEPARTMENT", FOR THE PURPOSE OF PARTICIPATING IN THE TEXAS RECREATION & PARKS ACCOUNT GRANT PROGRAM, HEREINAFTER REFERRED TO AS THE "PROGRAM". CERTIFYING THAT THE "APPLICANT" IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE, CERTIFYING THAT THE "APPLICANT" MATCHING SHARE IS READILY AVAILABLE, AND DEDICATING THE PROPOSED SITE FOR PERMANENT PUBLIC PARK AND RECREATIONAL USES. Motion Carried. 8. Consider and Possible Action to Approve Resolution R08-98 Amending City's Comprehensive Plan. CC MINUTES PAGE 3 Ms. Lacey indicated that the Parks & Wildlife Department wanted the City to submit a plan showing that the items they were requesting funds for, were of highest priority. She indicated the plan was 98% complete, and they needed more information from the City and the Chamber of Commerce. Motion was made by Councilman James to Approve Resolution R0&98 Amending City's Comprehensive Plan, contingent upon receiving final documents from Austin. Seconded by Councilwoman Madden. Councilman Jenkins read the Resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS, APPROVING THE AMENDMENT TO THE CITY'S COMPREHENSIVE PLAN. WHEREAS, the City of Sanger has made numerous improvements to parks throughout the community; and WHEREAS, the City of Sanger wishes to continue to improve all of it's parks; and WHEREAS, the City of Sanger wishes to update it's comprehensive plan to include proposed projects for the future. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS, that: The city of Sanger's Comprehensive Plan is amended to include the attached information. Motion Carried. 9. Consider and Possible Action Regarding Request from Chamber of Commerce for Annual Sellabration: a) Closing Bolivar Street from 5th Street to 2nd Street b) Hanging Banners c) Police Protection Vickie Jenkins 2507 Chippewa, and Frank Banter 7303 Rector Rd. Ms. Jenkins wanted to discuss the 20th Annual "Sellabration", and indicated it was the major fund raiser for the Chamber, and it also brought visitors to the community. She indicated they needed volunteers to help with clean up. The Chamber had submitted a request to close 5th street to the state. They are requesting to close Bolivar Street from 2nd to 5th, and would like to close the road Friday, September llth at 5:00 till Saturday September 12th, approximately 6:00. Ms. Jenkins indicated they would have volunteers to help with security, but would like to ask for a little extra police protection. Ms. Jenkins asked to use the Old Presbyterian Church for an Antique Show/Sale. Frank Bauler indicated he would like the City's help with hanging signs. He indicated he wanted one sign hung on 5th Street between Willow and the square, another sign hung on 455 between 5th Street and I-35, and the third banner to be hung in a place visible from I-35. Councilman Ervin questioned whether the Presbyterian Church was safe. He indicated the Fire Marshall had recommended not to have many people inside. Councihnan James indicated he would fix the floor. Motion made by Councilman James to support Chamber's requests. Seconded by Councilwoman Madden. CC MINUTES PAGE 5 Motion Carried. 10. Consider and Possible Action on Sanger Police Dept. being Responsible for Cemetery being secured at night. Mr. Smith addressed a letter from the City Attorneys office to one of the city previous City Managers. The letter was in reference to securing the cemetery that is not owned by the City, but owned by the Cemetery Association. The attorney's suggestion was to notify the Cemetery Association that the City was prohibited by law to comply with the request of securing their cemetery. Mr. Smith indicated that municipality could not give away a service, and that would constitute giving away a service. Discussion. Councilwoman Madden indicated it was best to follow the advise of the City's Attorney. Councilman Ervin indicated he agreed with Councilwoman Madden, and it could be a big liability for the City. Consensus of Council to return any keys back where they need to go, and relieve the City of every responsibility. 11. Consider and Possible Action to Approve Resolution submitted by Citizen. Councilman Jenkins indicated Council had spoken with the citizen who submitted the Resolution, and asked if they could wait till the August 3 rd meeting, when a full Council will be seated, and at that time the Resolution will be on the Agenda. Motion made by Councilman Ervin to reschedule Agenda Item #11. Seconded by Councilman James. Motion Carried. 12. Consider and Possible Action to Authorize City Administrator and City Secretary to Execute Certificate Upper Trinity Water District. Mr. Smith explained the agreement with Upper Trinity Water District. Discussion. Councilman Jenkins indicated that the title on the cert�cate for Jack Smith needed to be changed from "City Manager" to "City Administrator" Motion made by Councilman James. Seconded by Councilwoman Madden. Motion Carried. 13. Any Other Such Matters. a). Councilman Ervin indicated on the next agenda they should appoint all boards that are vacant, he indicated council needed to move forward. He asked if a workshop could be set up before the next Council meeting to discuss several items. b). Councilman Ervin went to a workshop in College Station and brought back tapes and a video on City Councils. They will review these. c). Eddie Branham gave status of storage tank, he put 24,000 gallons of water in the take for disinfection purposes. He indicated they should be on line by Monday. d). Andrew Foote asked how the process would go for appointing Council. CC MINUTES PAGE 6 Councilman Jenkins indicated a motion would be made to appoint the Mayor position, and then to appoint a council member if the position of Mayor is filled by a Council member. Discussion on how long appointed positions will last. e). Citizen had a question about water and storage. Discussion on water rationing. Mr. Branham indicated it was processed, treated water. f). Councilman Ervin asked how sewer and electric line bids were doing. Sewer line bids had been sent out on the 15th, and were expected back in two weeks. There were no bids on electric. g�. Diana Cruz thanked the Council for putting the Resolution in the Agenda, and indicated she was more afraid than most, because of building a new business, with a possible landfill behind it. 14. Meeting Adjourned. —�—�✓-r�— �`%rtir�Gi� Tommy Kincaid Mayor ATTEST: Rosa ie Chavez, City Secretary