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02/17/1986-CC-Minutes-RegularMINUTES: City Council February 17, 1986 MEMBERS PRESENT: Mayor Nel Armstrong, Danny Spindle, Freddy Inman, Carolyn Adkins, and Harvey W. Thomas. Councilman Jerry Jenkins arrived late. OTHERS PRESENT: Stephen Shutt, Mary Jo Stover, Don Waddell, Richard Brown, Benny C. Erwin, B. McMurray, Buddy Norville, Lille Belle Horst, Esta Lou Morgan, and Rev. Dickie Amyx. 214. 1. Mayor Armstrong called the meeting to order. Reverend Dickie Amyx with the First Baptist Church of Bolivar gave the invocation. Mayor Armstrong led the pledge to the flag. 2. The minutes of the February 3, 1986 meeting were approved with one correction. Item #13, (e) Should read: Updated council regarding the 3 acres adjoining the sewer treatment plant site. 3. Council requested clarification of various items on the disburse- ments schedule. Freddy Inman instructed Don Waddell to get his suppliers to designate what they are shipping on their invoices in order to help accounting. After clarification Harvey W. Thomas made the motion to approve the disbursements in the amount of $112,713.97. Freddy Inman gave the second. Voted unan. 4. Mayor Armstrong declared the public hearing open on the proposed annexation of 12.185 acres in the H. Tierwester Survey belonging to Burl Bourland. There was no opposition and no one to speak in favor of the petition. Mayor Armstrong declared the public hearing closed. 5. Mayor Armstrong declared the public hearing open regarding the city's application for Planning/Capacity building application to submit to the State of Texas. Mayor Armstrong stated the City was working with Dr. Love.Johnson and Bishop College, that they were helping the city make application for a planning grant which will total $25,000. This grant will help the city to do certain things or plan needs in certain areas of town. The Mayor called on the City Manager to explain the proposed needs. Shutt handed out two reports and a map to council. Shutt addressed the map which had been outlined in yellow. He stated that at the original meeting with Dr. Johnson a needs assessment was drawn up. He stated that an area defined primarily being the east city Limits and the railroad tracks from Bolivar Street south was selected. He stated that the original area was much smaller and about half the area depicted on the map. He stated that by the time he had time to resurvey the area and before he could get the information compiled that the secretary had already gotten the notice into the paper for publication. So he talked with Mr. Johnson and asked him if it would be possible to expand the area at the public hearing by a single motion and Johnson had stated yes. Shutt stated that it was not necessary to hold a second public hearing to expand the area that the public hearing would address both issues. Shutt stated that he was recommending the expanded areas for a number of reasons. One which sorta' gets it all (Called council's attention to the map to the area representing primarily the city's eastern threshold). He stated this area represents probably the highest concentration of blight or unused and unorganized land in the City. Shutt proposed with the Ray Roberts Lake developing and with Sanger rearranging its E.T.J. that this was going to be a major direction and an important direction for growth. One of the things he stated he would like to see this grant tackle would be the upgrading of this area so that the threshold to which the city must go in order to grow would not deteriorate where we would want to go around and isolate it. Shutt stated that he had listed a legal description of the area on the front page and the second page gave an eight (8) point direction of needs for the area. They are as follows: 1. Study and provide method of improving the existing housing stock in this area. 2. Study and provide method of utilization of vacant lots to create additional moderate and low-income housing. 3. Study and provide method of clean up of litter, trash and other health hazards. 4. Study and provide method of developing neighborhood park or other recreational facilities. 5. Study and provide method of developing utilities into and through this area for overall community growth. (Water, Sewage, Electric) 215. 6. Study and provide method of developing and improving of storm drainage into and through this area. 7. Study and provide method of improving existing streets and providing new streets where needed to comply with major street plan. 8. Study and provide method of economic development to create new jobs and tax base. Mayor Armstrong asked if anyone had any comments regarding the area of what the grant would do. Carolyn Adkins asked Steve if the study would be on all eight points or part of them. Shutt stated the grant was for $25,000 and would cover all data of all points. He stated the information data derived would then be used to apply for action grants. Could be used for separate grants. Adkins asked if there was a priority? Answer was no. Stated there was a potential order. Discussion. Shutt stated the only priority would be the availability of grants which the studies could be used for. Mayor Armstrong declared the public hearing closed and called for a motion to extend the area of this plan. Carolyn Adkins made the motion that the area be extended. Freddy Inman questioned the motion since the item was scheduled only for a public hearing. Discussion. Shutt stated he simply needed the minutes to reflect instructions to extend the area. Adkins rescinded her motion. Mayor Armstrong instructed staff to extend the area that was originally stated in the legal notice. Council agreed. 6. Motion was made by Harvey Thomas to adopt Ordinance No. 86-5 annexing 12.185 acres into the city. Carolyn Adkins gave the second. Voted unan. AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF BANGER, TEXAS; BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND THAT IS SITUATED IN THE H. TIERWESTER SURVEY, ABSTRACT 1241, DENTON COUNTY, TEXAS, BEING A ALL OF A (CALLED) 12.185 ACRE TRACT DEEDED BY ERMA M. JAXON DUNN TO WILLIAM B. DUNN ON THE 27TH DAY OF OCTOBER, 1983 AND RECORDED IN VOLUME 1282 PAGE 614 REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS R-11 SINGLE FAMILY DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. 7: Council considered Ordinance No. 86-6 establishing certain warrant fees. Mayor ARmstrong read aloud Section I and II o= the proposed Ordinance. Section I. A warrant fee of $25.00 as provided for by State Law is hereby established and to be collected for each warrant issued by the Municipal Court for the City of Sanger, Texas. Section II. Police Officers and Police Reserves of the Sanger Police Depart- ment may receive for the cost. and serving of said warrants a fee, not to exceed $15.00 provided said service is on off duty time. The Mayor then called on Chief Benny Erwin to speak regarding this ordinance. Erwin stated the only thing council might not under- stand would be the service on off -duty time. He gave an example, "if Mike Riley was off at 7:00 o'clock this morning he might want to spend four or five hours serving outside the city limits. The warrants will be issued according to priority by 2:00 and would be issued on city time. Anytime after that they would be moved to a different file to be issued at a later date. Only stuff done off duty would be done out-of-town. I wouldn't have an officer on duty running out of town trying to serve a warrant." Nel, "An officer drives down our streets about five times a day, 216. he has a warrant for someone in he's going to stop. They're not town when they have other things patrolmag they will issue those on duty." our town, one of the five times going to be chasing all over to do because when they are warrants in town while they are Discussion. Erwin - We will pay them the $15 warrant fee instead of overtime. In otherwords, if he serves 2, 3, or 4 at $15 a piece he can make money at this time. The officer will not receive any money at all. He may be picking this subject up and no money is paid to the city. Nel - In other - words, if he comes in and doesn't have the money and he says I'll go to jail, Erwin - I'm going to check a little further, we picked up three with warrants. The way I understand it we take them to county jail, whether he lays out or not, its a $25 warrant fee as by the state. Fee will be paid whether he lays out or not. Nel - If you have somebody with 3 offenses do you issue 3 warrants or just the one? Erwin - 3 warrants which would be $75. Mary Jo - Benny are you going to let your patrolman volunteer for warrant service or is it going to be a mandatory thing? Erwin - It's going to be more or less kinda' a mandatory deal. I'm going to reissue all the warrants - say Paul got 60 warrants, Mike got 40, Ron gets 20, in otherwords, Ron served what he had issued on what had not paid, until he gets them served up its out of town. Nel - Then it's each officers duty to serve their own warrants on the tickets they have issued that have not been paid. Mary Jo - With the new FLSA regulations he is requir- ing them to work. I don't know how thats going to effect over- time. Benny - They are not going to be required as far as coming in. Say your off duty hours--- Shutt - Your not going to be required to come in from 4 to 6 when they are off duty. Nel - They can do it at their leisure. Shutt - They're your warrants, you're going to have to follow through. If you have a $15 potential fee out there, you're going to get something done. The biggest point of this ordinance is the incentive to get some $30,000 worth of warrants out of that office in there and in the bank. Mary Jo - I have not objection to that, I'm just saying how do the new rules and regulations that FLSA are putting on us effect this particular type thing we are going to do. We're requiring them to work. Discussion. Freddy Inman stated that Mary Jo had a valid point. Discussion. Shutt - from a legal standpoint it is probably a contractual arrange- ment. Erwin - He will be making off -duty money instead of being paid by the hour. Otherwords, he might serve 3 warrants in an hour, all 3 of them live on one street, otherwords, he made more in that one hour than he would make in overtime. Inman - Did we not discuss this thing before and our draw back then was the Reserves? Erwin - It was discussed one night. Discussion. Carolyn Adkins - Benny right now all your officers like your plan and the money. If they get mad at you or get mad at the council are they under this other law, have a case to sue us? Mary Jo - I'm going to check into this tomorrow morning. Discussion. Carolyn - Awhile ago, Benny, you said if one of your officers gave 60 tickets (that was the words you Al and they did not take care of those then they would be responsible for serving the warrants on those 60 tickets they issued. Nel - What he was saying was if they had a choice and if they want to be responsible for all their tickets, and they say, Carolyn - What I understood him to say was it was their responsibility to carry through that ticket to the end. Shutt - You can't make them work overtime and the thing about it is you can't round up reserves but you can make your police officers or any employee work overtime. It can be mandatory. Inman - But you must pay them. Discussion. Mayor - But if you are paying them $15 a warrant, thats going to be more than they would be making in overtime. Inman - No Mayor. Shutt - Not quite. Mary Jo - I think we might be involved with both of them. You have your Ordinance saying you're going to pay them $15 for the warrant .issue and you've got your FLSA regulations saying you're going to pay them overtime because you have required them to work. Inman - That's exactly right. Shutt - But what we're saying is, if our employees work by the hour, we're not saying we're going 217. to require you to volunteer to go out and issue a warrant. Mary Jo - I understand, I'm just saying I will have to check it, I don't know. Shutt - If you issue 50 tickets, what he's going to do is look at them and if that officer has 10 of them in terms of warrants he's going to look at that officer to take care of his warrants, but if he doesn't want them, another officer will do it, but that officer is going to have first shot at cleaning up his own warrants. Is that what you're trying to say Chief? Inman - But what you said two minutes ago was that you can force a person to work overtime. You can force a person to work over- time, but if you're delivering milk trucks down here for $10 an hour and someone tells you your going to go down and pick up six for delivery, you are working over five hours a day, they are going to pay you $50 plus whatever, plus each truck. One does not erase the other. Shutt - We didn't intend for it to. Just merely making the statement that the supervisor can, if an emergency or necessity to perform the task require overtime for which you're paid overtime. Thats entirely different than what we're talking about. We're talking about an incentive to serve warrants. Nel - We're not requiring them to serve warrants. Erwin - I may have one officer serve six times more warrants than another officer. Nel - Because he wants to? Erwin - Because its his choice. What I was saying awhile ago, trying to say, Paul issues 60, Mike 40, and Ron 20, thats 120 warrants I've got set and what I want to do is break them down by town, they're not going to walk in and say I want this one or I want this one, they'll be broke down into towns and then whoever wants, can come in and pick up a packet of warrants. Shutt - Maybe there will be a couple of officers near the Sherman -Denison area that might have as many as 21 up in that area. The officers might decide to take the weekend and go up there and serve them. Nel - It's strictly a voluntary thing? Erwin - It's all voluntary. All my officers and reserves know its voluntary. Shutt - Our problem is caused by the fact that we don't have a computer system. We can't get our warrants in the computer system in Denton or Gainesville and someone else winds up picking them up for us. Someday we will be at that point, right now our warrants are relatively unknown. Shutt stated when he first came to Sanger, that he and the Chief figured up over $20,000 in warrants which its closer to $30,000 now. Shutt - I think part of our problem is from a historical standpoint. The position taken in Sanger is if you just sorta' are stubborn enough or its long enough and you can go hide somewhere that its just never going to catch up with you and I think once you get a good program going and these warrants do catch up with you that we are going to have less and less of the warrant problems. Erwin stated that some could be served by phone calls. Discussion. Carolyn Adkins made the motion to adopt Ordinance No. 86-6. Danny Spindle gave the second. Voting for were: Adkins, Spindle, and Thomas. Voting against was Inman. Motion carried 3-1. ORDINANCE NO. 86-6 AN ORDINANCE ESTABLISHING CERTAIN WARRANT FEES TO BE PAID TO THE CITY OF BANGER, TEXAS ESTABLISHING A CERTAIN WARRANT SERVTCEFEE AND DECLARING AN EFFECTIVE DATE. 8. Motion was made by Freddy Inman to approve the single lot sub- division plat of lots 2A and 2B, Block 56, Original Town for Frank Millar. Harvey Thomas gave the second. Voted unan. 9. Council considered the final subdivision plat of the Indian Springs Phase II for Benny Parrent. Shutt informed council that Benny Parrent had a water school to attend and since he had gotten everything together had asked Steve to present the final plat. Shutt recommended a quick motion on the plat. Stated Parrent had done everything required of him. Shutt stated that there was one error on the milar and that he and Benny had corrected it and both initialed all copies. 218. Mayor Armstrong stated that the plat was correct and that it did have all the requirements, the main ones were No. 6 and 7. #6-County specifications according to paving, #7-Developer agrees to post with county a Bond or letter of credit as required by county to affect Item 6. Said escrow or bond to revert to City of Sanger at the end of 5 years if paving is not completed. Freddy Inman made the motion the city accept the final sub- division plat of the Indian Springs Phase II for Benny Parrent. Harvey Thomas gave the second. Voted unan. 10. Motion was made by Carolyn Adkins that Billye Hollingsworth be appointed Election Judge and Wynema Schertz, Alternate Judge, for a single election term and that the number of clerks be set at two. Harvey Thomas gave the second. Voted unan. 11. Mayor Armstrong advised council that the Uniform Building Code which the city had adopted provides for a Building Board of Appeals. She stated that council had been requested to appoint such a board consisting of 5 members. It was noted that the city council could serve as this board. Discussion. Mayor Armstrong stated that she and Steve had talked and there really is a need to do the newsletter to citizens and make them aware of the new building code and exactly what it does contain and that inspections will be done, etc. Discussion. Motion was made by Carolyn Adkins to appoint the city council to serve as the Building Board of Appeals. Freddy Inman gave the second. Voted unan. 12. Staff requested the purchase of 3-Two Way Radios to be installed in the City Manager's Car, Don Waddell's car, and Richard Skipworth's truck. Inman stated that he wouldn't feel comfortable in putting a radio in a private vehicle (Shutt's). Discussion. Mayor Armstrong pointed out the fact that the city was paying car allowance for the use of Shutt's vehicle. Shutt stated when he was on duty his vehicle was a public vehicle. - He stated he needed some means of communication. Mayor Armstrong stated she definitely felt the city manager should have some means to be contacted stating she had come to the office on several occasions and he couldn't be reached. Discussion. Radio brands, radio bands, portables and cost was discussed. The Midland brand to be installed at Lewisville would cost $641.00 each and the Motorola band to be installed at Denton would cost $677.00 each. Mayor Armstrong stated with regard to payment of the radio that $5,000 was budgeted under capital improvements in Revenue Sharing to the electric department and $5,000 to the water department for machinery and equipment. Radios could be paid out of these accounts. Motion was made by Carolyn Adkins. to approve the purchase of 3- Two way Radios. Harvey Thomas gave the second. Discussion. Danny Spindle stated he would go along with the purchase of the 3 radios but would prefer to wait on the one for the city manager's vehicle and get a price on the portable. Felt it might be more practical. The motion and second were amended. Carolyn Adkins restated her motion to purchase 2-Two Way Radios, one for the electric and one for the water department and make further inquiries on the purchase of a portable for the administrative depart- ment. Harvey Thomas gave the second. Voted unan. 13. Citizen Input - None 14. City Manager's Report: (a) Steve briefed council on the letter regarding the congestion at the Middle School. Stated he had talked with Terry Garland and had also looked at the situation with the Chief. Shutt stated that patroling in front of the school would be impossible. Stated there needs to be a different arrangement for employees parking so that a better means of dropping off and picking up students could be made possible. Shutt stated he planned to talk further with 219. school officials about the problem within the next 10 days. 15. & 16. Items were omitted. 17. Council discussed the sewer line proposal for the southwest area of the city. Mayor Armstrong stated the city engineers were to be at the meeting but had a conflict in the schedule and could not attend. Shutt stated that expected information that he had requested from the engineers had been delayed due to the holiday. Shutt distributed a page and a half report with a map. Mayor Armstrong called a four minute recess. After the meeting was reconvened, Shutt explained his materials given to council. Lift stations, force mains, oversizing of lines, development and cost factors were discussed with the Snider development as the key area. Shutt stated that the city would have the potential of saving $160,000 and this money could be put into the existing infrastructure of the city. After much discussion, Mayor Armstrong suggested since council would be calling a meeting on Wednesday night to go over the same subject to not continue and go over it twice. She requested staff to post notice of Special Called Meeting for Wednesday, February 19, 1986 at 7:00 p.m. and invite the Utility Board to the meeting. 18. Street lighting for the southwest area of the city was discussed. Shutt stated he wanted to set up a 3 year program and go through the city in some organized fashion starting with the dark areas, and adding lights the first year then come back the second year and convert the old system .(mercury vapor) to the new system (sodium pressure) with the objective in.mind as long as the monies are available to completely convert the city in 3 years to sodium pressure. Mayor Armstrong went over the following proposal: i SOUTH PARK 175 vVatt Mercury Vapor Sodium Pressure 9 Ea. 30' Poles $731.60 30' Poles $487.74 Duplex Wire 181.05 Duplex Wire 135.00 Lights 9 Ea. 301.00 Lights 12 Ea. 786.00 $11213.65 $1,408.74 Rock Holes $480.00 ----------------------------------------------------------------- FREESE DRIVE 2 Ea. 30' Poles 162.60 2 Ea. 30' Poles 162.60 425' Duplex Wire 63.75 425' Duplex Wire 63.75 3 Ea. Lights 100.50 3 Ea. Lights 196.50 $326.85 $422.85 Rock Holes $100.00 ----------------------------------------------------------------- DIANE DRIVE 30' Pole 82.29 1 Ea. 30' Pole 82.29 125 Duplex 18.75 125 Duplex 18.75 Light MV 33.50 Sodium Light 65.50 $134.54 $166.54 Rock Holes$60.00Fiberglass_Pole $300.00 ------------------------------ EAST ACCESS ROAD 3 Ea. Poles 30' 246.87 3 Ea. 30' Poles 246.87 Duplex 800' 120.00 800' Wire 120.00 Lights MV 3 Ea. 100.50 3 Ea. Sodium Lights 196.50 $467.37 $563.37 3 Rock Holes $120.00 ----------------------------------------------------------------- 220. 19. Mayor Armstrong advised council what they needed to do at this time would be to authorize what the department had proposed to do or reject it. She stated then if the council.wants to adopt a three year plan, the staff would need to give council a plan showing exactly what will be done each year and how it will be budgeted for that year. Waddell brought out that the city had approximately 300 lights. Discussion. Motion was made by Freddy Inman that the city approve the pro- posed plan and purchase 15 new light poles (sodium pressure) at an approximate cost of $3300 to $3500. Harvey Thomas gave the second. Voted unan. Other Such Matters: (a) Mayor Armstrong advised council of a P. & Z. Workshop for small cities to be held in Farmersville on March 4, 1986, starting at 6:00 p.m. Urged council to attend, stating P. & Z. members would be invited to go. (b) Mayor Armstrong stated that Eunice Gray.had requested that she issue a proclamation proclaiming 1986 as Read A Texas Book A Month year and that she planned to make this proclamation in conjunction with the Sesquicentennial year. (c) Carolyn Adkins stated that the Cable T.V. Company was doing hook-ups faster and giving a little better service now. (d) Mayor Armstrong asked the City Manager if he had received a list of all the poles the cable company is using? Shutt stated no but they would have to do this to come up to the specifications of the franchise and in addition he stated he wanted them to provide a Channel for community access. Discussion. With no other business to come before council, Freddy Inman made the motion to adjourn. Harvey Thomas gave the second. Voted unan. City Secretary Mayor MINUTES: City Council " Special Called Meeting February 19,1986 MEMBERS PRESENT: Mayor Armstrong, H. W. Thomas, Freddy Inman, and Jerry Jenkins MEMBERS ABSENT: Carolyn Adkins and Danny Spindle OTHERS PRESENT: Stephen Shutt, Mary Jo Stover, Travis Roberts, Thomas Strange, Rick Brown, B. McMurray, and Jack Burkholder 1. Mayor Armstrong called the meeting to order, gave the invocation, and the pledge to the flag. 2. Mayor Armstrong addressed the second item on the agenda to consider action concerning the Sewer Line Proposal for the southwest area of the city. Shutt spoke about the letter he had written to the Mayor and City Council regarding the Southwest Sewer Project.