06/17/2002-CC-Minutes-RegularMINUTES: CITY COUNCIL,
June 17, 2002
P
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PRESENT: Mayor Tommy Kincaid, Councilman Jimmy Evans, Councilman Joe Higgs,
Councilman Andy Garza, Councilman Glenn Ervin, Councilman Mike James
OTHERS
PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez,
Assistant City Secretary Samantha Renz, Electric Superintendent Mike Prater,
Shelley Ruland, Carol Martin -Roberts, Ralph Cain, Dale Keith Roberts, Jack
Richardson, Jane Richardson, Norman Williams, Jack Cannon, Roger Hebard
1. Mayor called meeting to order, Councilman Garza led the Invocation, Councilman
Higgs led the Pledge of Allegiance.
CONSENT AGENDA
2. a) Approve Minutes: June 3, 2002
b) Disbursements
Councilman Garza moved to approve the Consent Agenda, Councilman Higgs
seconded. Motion carried unanimously.
3. Citizen's Input.
None.
4. Appoint Mayor Pro-Tem.
Councilman Higgs moved to nominate Andy Garza, Councilman Evans seconded,
Motion carried unanimously.
5. Appoint Board Members to All City Boards and Commissions.
Councilman Ervin asked why JackRichardson was being removed from Planning and
Zoning.
City Secretary indicated she would like to discuss it with him after the meeting.
Councilman Ervin also asked the it Manager.
City Manager explained that staff had been asked to place it on the agenda.
Mayor indicated he asked for him to be removed.
Councilman Ervin asked that Jack Richardson be put back in place 6, in place of Tracy
Murphree.
Mayor explained that in the past when an individual has gone against the City,
Woodrow Barton for example, that person has been removed from the boards.
Councilman it indicated that Mr. Barton had filed a lawsuit against the City and
asked if Mr. Richardson had done so.
Mayor indicated in his opinion, Mr. Richardson had every right to his opinion
regarding the pending lawsuit, but he signed an affidavit that was very damaging to the
City.
Discussion continued regarding the appointment.
Councilman Garza indicated he felt he was not aware of the situation and felt it
shouldn't be discussed if it is regarding current litigation. He felt he should have
received more information.
Councilman Ervin moved to postpone the board appointments.
City Secretary asked the Mayor to at least appoint Gail Goodner to replace Mark
Bulger, we need to get one more member on the board, because we have not been able
to get a quorum.
Councilman Higgs moved to put Mike Lawler in her place.
Both motions died for lack of seconds.
Councilman Higgs indicated Janeice Newton and Helen Giese were both recommended
by the Beautification Board the last time there was an opening. He felt Janeice Newton
should be appointed instead of Jennifer Noah.
Discussion.
Mike James moved to approve the appointments with the following changes, that on the
Beautification Board, Janeice Newton be appointed instead of Jennifer Noah and to
appoint only one Planning and Zoning member and that it be Gail Goodner.
Motion died for lack of second.
Councilman James moved to table this until the next meeting. Seconded by Councilman
Ervin.
City Manager asked that they at least appoint one member to the Planning and Zoning
Commission.
Discussion.
JackRichardson indicated as Chairman of the Planning and Zoning he was aware there
was a need for another member and requested that they appoint at least one member
to the planning and zoning commission.
Motion failed unanimously.
Councilman Garza moved to approve everything with the change to the Beautification
Board and the exception of Place 6 on Planning and Zoning, and discuss it at a later
date. Councilman James seconded. Motion failed 3 to 2. Councilman Ervin, Higgs and
Evans voted No.
Councilman Higgs moved to go as planned except Mike Lawler instead of Gail Goodner
and Janeice Newton instead of Jennifer Noah, and leave Place 6 as is until next time.
Motion died for lack of second.
Councilman Evans asked Jack Richardson if he wanted an answer tonight.
Mr. Richardson indicated it didn't matter to him.
��'' Shelley Ruland, member of the Planning and Zoning Commission, 206 Tejas, indicated
Jack Richardson does a good job on P & Z, he does his homework, shows up for the
meetings, and makes good decisions. He was nominated and each of the Council voted
for him when he was appointed. She felt if they did not reappoint him it should take a
motion out in the open.
Mayor recommended each nomination be voted on individually.
Councilman Garza moved to appoint Ginger Burt to Place 2 on the Planning and
Zoning Commission, Councilman James seconded. Motion carried unanimously.
Councilman Garza moved to appoint Gail Goodner to Place 3, on the Planning and
Zoning Commission, Councilman James seconded. Motion carried 4 to 1, Councilman
Higgs voted no.
Mayor asked for a vote on Tracy Murphree in Place 6 on the Planning and Zoning.
A motion was not made.
Councilman Ervin asked that Jack Richardson be put back in Place 6.
Mayor indicated Jack Richardson was already there.
Councilman Ervin asked if Jack Richardson would stay in Place 6.
Mayor indicated he would.
Councilman Garza moved to appoint place 2, 49 and 6 as recommended on the Board
of Adjustments, Councilman James seconded. Motion carried unanimously.
Jay Parr -Place 2
Charles Fenoglio - Place 4
Joe Falls - Place 6
Councilman James moved to appoint Rene Escobedo, Place 2 and Reappoint Penny
Juarez, Place 4, on the Parks Board, Councilman Garza seconded, Motion carried
unanimously.
Councilman Higgs moved to appoint Janeice Newton, Place 2 and Reappoint all other
members to the Beautification Board. Councilman Evans seconded. Motion carried
unanimously.
Councilman Higgs moved to reappoint Francille Sullivan, Beverly Howard, and John
Springer to the Library Board. Councilman Evans seconded. Motion carried
unanimously.
Councilman Higgs moved to reappoint all of the Sullivan Center Board Members,
Councilman Evans seconded, Motion carried unanimously.
Mayor advised Jack Richardson was still on the board.
6. Consider and Possible Action on Final Plat for Eagle Park, Phase II. Property is
Located on F.M. 455.
Item Tabled.
7. Consider and Possible Action on the Preliminary Plat for Quail Run, Being 380
Residential Lots and 2 Open Spaces out of 82.43 Acres Located off of Cowling Road.
Item Tabled,
8. Consider and Possible Action on Ordinance #06-15-02 - De -Annexing Property Legally
Described as A1024 R. Prather, Tract 2, Being 12.25 Acres. Property is Located on
F.M. 455.
City Manager indicated the Trusty's came and wanted to put in a subdivision. This is
in Bolivar's CCN, and they have gone to Bolivar and the expense is to great for them
to develop. They have requested to be de -annexed.
Councilman Higgs indicated someone should explain to her that she will not get water
if she is de -annexed.
City Secretary explained that she will be de -annexed eventually. The city cannot
j provide her service. She can get it de -annexed if she brings in a petition, she was
voluntarily annexed.
Councilman Higgs asked again that someone speak with her regarding the water
service and advise that there is a better chance of her receiving service if she is in the
city limits.
Discussion.
Item tabled.
9. Consider and Possible Action on Ordinance #06-16-02 -Amending Plat Review Fees
and Establishing a Fee for Review of Construction Plans.
Mayor indicated this was the Engineer's costs, this will cover his review fees.
Councilman Evans moved to adopt Ordinance #06-16-02, Councilman Higgs seconded,
Motion carried unanimously.
10. Consider and Possible Action on Ordinance #06-17-02 -Regulating Portable Buildings.
Councilman James moved to adopt Ordinance #06-17-02. Councilman Evans seconded.
Councilman Ervin indicated he would like to have the City Attorney look at it.
Motion amended to have City Attorney approval, Councilman Evans seconded.
Motion carried unanimously.
11. Consider and Possible Action Regarding the Sewer Easement on Ray Stevens Property.
City Manager indicated instead of $105,000 it calculates to about $77,000.fin . He visited
with Mr. Stevens and Mr. Stevens' feeling was that $1059000.00 was a reasonable
figure. Mr. Smith indicated that he had called a person that does condemnation work
for another Governmental entity, he said the attorney fees and court fees, along with
the appraisal would be $109000.00 and he felt that 1.4 acres would probably settle at
$10,000.00 for a total cost of about $20,000.00.
Councilman Evans indicated they should offer him $12,500.00.
Councilman Garza indicated if you offer him $15,000.00 the City will still save
$s,0oo.00.
Discussion among the Council.
Roger Hebard, indicated he liked the idea of giving Mr. Stevens $15,000.00 or a figure.
He was amazed that Mr. Stevens was reluctant to let the sewer 1ine go 0n. They would
like them to make a motion to offer him the money, but that if he does not take it to go
ahead and proceed with condemnation.
Discussion.
Councilman James asked what the engineer's recommendation was on the best way to
sewer the property.
City Manager indicated the planned line is the engineer's recommendation.
Discussion
Councilman Evans moved to offer Mr. Stevens $121500.00 and if he doesn't accept it,
to start the Condemnation. Councilman James seconded. Motion carried 4 to 1,
Councilman Higgs voted no.
12. Consider and Possible Action Regarding an Agreement for Electric Service From Wal-
Mart to the Elevated Storage Tank.
Councilman James moved to accept it, Councilman Evans seconded. Motion carried
unanimously.
13. Meeting Adjourned.
ayor T,Xnmy Kincaid