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01/03/2005-CC-Minutes-RegularMINUTES: CITY COUNCIL. January 3, 2005 PRESENT: Mayor Tommy Kincaid, Councilman Joe Higgs, Councilman Glenn Ervin, Councilman Mike Lawler, Councilman Jimmy Evans ABSENT: Councilman Andy Garza OTHERS PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez, Paula Morales Office Supervisor, Administrative Secretary Geraline Davis, Electric Superintendent Mike Prater, Street Superintendent John Henderson, Water/Waste Water Superintendent Eddie Branham, Chief of Police Curtis Amyx, Don W. McClure, Jan M. Looper, Johnnie R. Looper, Johnny Looper, Bill Fuller, Joyce Fuller, Jerry Jenkins, Liz Springer, John Springer, Lindall Mitchell, Ken Perry, Rich Moran, Robert Patton, Woodrow Barton, Roger Otwell, Shelley Ruland, Greg Edwards, Terri Patton, Mike Boswell 1. Mayor Called Meeting to Order and led the Invocation, followed by the Pledge of Allegiance 2. EXECUTIVE SESSION: In Accordance with Texas Government Code, Subchapter D, Section 551.071(Consult with City Attorney): a. Edward Wolski v. Denton County, City of Sanger, Sanger Texas Industrial Development Corporation, and Wal-Mart Store East, Inc. Lawsuit Mayor convened council into Executive Session at 7:02pm. 3. RECONVENE into Regular Session and Consider Action, if Any, on Items Discussed in Executive Session. Mayor Kincaid and Council reconvened from Executive Session at 7:24pm. Motion was made by Councilman Higgs to accept Counsel's Recommendation on Settlement Agreement 2004. Seconded by Councilman Jimmy Evans. 4. a) Approve Minutes: December 20, 2004 b) Disbursements Motion was made by Councilman Ervin to approve Minutes and Disbursements. Motion Seconded by Councilman Evans, 5. Citizen's Input. Liz Springer addressed the City Council and donated a tape recorder for taping of City Council meetings. Liz Springer discussed attributes that she felt City Council members should have. Mrs. Springer continued to address Council concerning discrepancies in the minutes and agendas from the December meetings. She brought to their attention the Open Meeting Act Pamphlet Sect. 551.141. Mrs. Springer discussed the former issue of Resignations of both Mayor Kincaid and Councilman Ervin from the 4B Board. Lindall Mitchell discussed imglementing an Economic Development Plan. 6. Consider and Possible Action on a Final Plat for Brooke Hill Village, Being 30 Lotslot Acres in the Henry Tierwester Survey, Abstract No.1241. Property is Located between Stemmons Freeway and Keaton Road, South of Holt Road. Greg Edwards, Engineer for the project, addressed the Council concerning drainage issues from Laney to Duck Creek on Keaton. Councilman Ervin asked if a drainage study would be conducted for the area downstream and indicated he would not support the project if the drainage issues were not taken care of. John Springer asked if it would help if the culvert that crossed Duck Creek was replaced and enlarged. Mayor Kincaid indicated it would, but the situation is more complicated than that. The County is in the process of surveying that area. John Springer indicated that if the City of Sanger owns the North end of the road, can the City address the problems on their end. Discussion Continued regarding drainage study, Keaton Rd. and drainage issues in that area. Councilman Evans moved to accept the Final Plat Co Brooke Hill Village, Being 30 Lots,14.7 Acres in the Henry Tierwester Survey, Abstract No.12419 Seconded by Councilman Higgs. Mayor broke the tie and motion carried 3-2. Voting against were Councilmen Ervin and Lawler. 7. Consider and Possible Action on Rising Star Drainage/Flooding Issues. City Manager indicated that the Denton County Commissioner has approved funding of Duck Creek, and Denton County will perform the survey. Councilman Ervin asked what the City intends to do about improving drainage issues. City Manager indicated he would get with the County to see what can be done. He expressed that the County can only take care of the 100 year flood downstream. Councilman Ervin moved to table item for 30 days, then take action. Seconded by Councilman Higgs. Motion carried unanimously. 8. Consider and Possible Action on Appointing two Library Board Members and a Parks Board Member. Mayor Kincaid nominated Rusty Patton for the Parks Board. Councilman Evans moved to appoint Rusty Patton to the Parks Board, and Don McClure and Elizabeth T. Muir to the Library Board. Seconded by Councilman Higgs. Motion carried unanimously. 9. Consider and Possible Action on Resolution #01-Ol-OS - Accepting a Regional Study Report Concerning Wastewater Treatment Services. Caption as follows: A RESOLUTION OF THE CITY COUNCIL, CITY OF SANGER ACCEPTING, FOR PLANNING PURPOSES, A REGIONAL STUDY REPORT CONCERNING WASTEWATER TREATMENT SERVICES. Motioned by Councilman Evans to accept. Seconded by Councilman Higgs. Motion carried unanimously. 100 EXECUTIVE SESSION: In Accordance with Texas Government Code, Subchapter D, Section 551.074 Personnel Matters a. City Manager Evaluation Councilman Evans motioned Item be Tabled until next meeting. Seconded by Councilman Higgs. Mayor broke the tie and motion carried 3-20 Voting against were Councilmen Ervin and Lawler. 11. RECONVENE into Regular Session and Consider Action, if Any, on Items Discussed in Executive Session. 12. Meeting Adjourned. ATTES OlLb Rosalie Chavez, Cii cretar.