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02/06/2006-CC-Minutes-RegularMINUTES: CITY COUNCIL February 6,2006 MEMBERS PRESENT: Mayor Joe Higgs, Councilman Mike James, Councilman Mike Lawler, Councilman Robert Patton, Councilman Mike Walker, Councilman Glenn Ervin OTHERS PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez, Administrative Secretary Tina Walker, Engineering Coordinator Samantha Renz, Electric Superintendent Mike Prater, Water Superintendent Eddie Branham, Streets Supervisor John Henderson, City Attorney Mr. Robert Dillard, Kevin Lerner, Jimmy Evans, Liz Springer, John Springer, Kathy Flovd. Candace Murphree, Paula Morales, Sheri Reynolds -Knowles, Curtis Amyx, Glenda Guyton 1. Mayor Joe Higgs called meeting to order. Councilman Patton led Invocation, Councilman Mike Walker led the Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes: January 23, 2006 b) Disbursements Councilman James moved to accept the Consent Agenda as presented. Motion seconded by Councilman Lawler. Motion carried unanimously. 3. Citizen's Input. None. 4. Issue Election Order for the May 13, 2006 Election. Councilman Lawler made motion to Issue the Election Order for the May 13, 2006 Election. Seconded by Councilman James. Motion Carried Unanimously. 5. Consider and Possible Action on Ordinance #02-01-06 Setting Rate Increase for Sanitation Services. City Manager explained that this Ordinance will make the increase effective after publication. Councilman Ervin made motion to accept Ordinance #02-01-06 -Setting Rate Increase for Sanitation Services. Seconded by Councilman Patton. Motion Carried Unanimously. 6. Consider and Possible Action on Settlement Offer for SESCO Site Case. City Manager indicated back in 1980 City of Sanger contracted with SESCO to dispose of transformers, etc. Since then, they have been approached by TCEQ and EPA and now there is a lawsuit. Contesting this lawsuit would incur numerous attorney fees. The City Attorney has reviewed this law suit and is recommending the $3500 be paid to settle the suit. The Council also needs to authorize Mayor to sign documents settling the lawsuit, and approving payment. Councilman Patton made motion to approve the settlement with SESCO. Seconded by Councilman Ervin, Councilman James asked about the amount of dollars versus the number of defendants. He indicated if all cities settled, they would receive more funds than needed, he asked what they would do with excess funds. Mr. Dillard explained that they are trying to get rid of small players, then large companies end up paying the rest. There is a sophisticated formula in documents based on the number of transformers and other equipment. In 1980, this was the only time the City contracted to do this. There cannot be a precise number until this is done. They estimated as best they can the City's share of the cost to clean this up. Discussion followed. Councilman James asked if this would release the City from any other lawsuits. Mr. Dillard indicated that the City would be 100% released from further responsibility. Motion carried unanimously. 7. Consider and Possible Action on approval of Resolution #02-01-06 Lease Purchase Agreement with Government Capital #4052 for Purchase of Fire Truck. City Manager indicated that David Pennington, Fire Chief, is working on a grant for the Fire Truck, and until we have the grant funds this is to approve Government Capital to fund the vehicle. City Secretary advised that the grant funds had been awarded to the City for $1085000.00 Councilman Patton made motion to approve Resolution #02-01-06. Seconded by Councilman Ervin. Motion carried unanimously. 8. Consider and Possible Action on approval of #02-02-06 Lease Purchase Agreement with Government Capital for Purchase of 2006 F550 Bucket Truck. City Manager indicated that this purchase has been budgeted and the Vehicle is for the Electric Department. Councilman Ervin moved to approve Resolution #02-02-06 for the Lease Purchase Agreement with Government Capital for Purchase of 2006 F550 Bucket Truck. Seconded by Councilman James. Motion carried unanimously. 9. Consider and Possible Action to award bid on Marion Road Water Line. City Manager explained that this line will come from the tower at Walmart and loop back into the system by the high school This was approved in 2004 with funding to come out of Water Capital Reserves. At that time the project was approved with changes; however, so much time has passed that the project had to rebid. The new bids were received and the low bid is $141,037.70. Mayor Higgs inquired as to the big margin between the bidders. Lee Allison indicated he could only speculate and possibly the low bidder is a new contractor trying to get business. The other bidders possibly bid high for business purposes to see what others may bid on this type of job, and possibly the high bidders didn't really want the job and were hoping to be the only bidder. Mayor Higgs asked if specifications were all the same. Lee Allison indicated they were. Staff recommends approval. Councilman James moved to award bid on Marion Road Water Line to Stampede Construction in the amount of D 141,03 7.70. Seconded by Councilman Patton. Motion carried unanimously. 10. EXECUTIVE SESSION: In Accordance with Texas Government Code, Subchapter D, Section 551.071 (Consult with City Attorney): A. Privileged Communication with City Attorney about Agenda Items and ON Charter. Mayor convened into Executive Session at 7:21 P.M. 11. RECONVENE into Regular Session and Consider Action, if Any, on Items Discussed in Executive Session. City Council reconvened into Executive Session at 8:12 P.M. Mayor indicated they would like to instruct the City Attorney to review the City Charter in regards to quorums for Planning and Zoning. 12. EXECUTIVE SESSION: In Accordance with Texas Government Code, Subchapter V. Section 551.074 Personnel Matters A. City Manager Evaluation Mayor convened into Executive Session 8:14P.M. 13. RECONVENE into Regular Session and Consider Action, if Any, on Items Discussed in Executive Session. City Council reconvened into Executive Session at 8:50 P.M. Councilman Lawler moved to set future date for Goal Setting of the City Manager on February 16, 2006 at 7*00 P.M. Councilman Walker seconded. Motion carried unanimously. 14. List of Possible Future Agenda Items. Appoint a three person committee to review charter and have City Manager review it. Open Meeting training as a body. Planning and Zoning and Board of Adjustment are invited as well. 15. Meeting Adjourned. ATTEST: Rosalie Chavez, City .r 14'ayor Joe Higgs