01/18/2000-CC-Minutes-RegularMINUTES: CITY COUNCIL
JANUARY 18, 2000
PRESENT: Mayor Pro Tem Jerry Jenkins, Councilman Glenn Ervin, Councilman Joe
Higgs, Councilman Carroll McNeill, Councilman Andy Garza
ABSI�NT6 Mayor Tommy Kincaid
OTHERS
PRESENT: City Manager Jack Smith, City Secretary Rose Chavez. Police Chief Benny
Erwin, Water/Wastewater Superintendent Eddie Branham, City Mechanic
Tommy Belcher, Streets Supervisor John Henderson, Vince Villanueva, Ken
Cornell, Lisa Hardy, Woodrow Barton, Shelley Ruland, Tye DeBerry, Judge
Kirk Wilson, County Commissioner Jeff Krueger.
1. Mayor Pro Tem Called Meeting to Order, City Manager Jack Smith led the Invocation,
followed by the Mayor Pro Tem leading the Pledge of Allegiance.
CONSENT AGENDA
2. a) Approve Minutes: December 20, 1999 & January 10, 2000 - Workshop
b) Disbursements
Councilman McNeill indicated pages 4143 in the packet are not disbursements, but are
in the packet strictly for information.
City Manager did note a correction that the payment to Jeff Morris should be to
Lovelace Nursery.
Discussion regarding circumstances that led to the damages. The City Manager
indicated the damage was caused by City Employees while trying to repair a sewer ARE;
in the street. They could not locate the connection, and the crew apparently had to dig
on Mr. Morris' property in order to locate the connection.
Motion was made by Councilman Ervin to approve the Consent Agenda as presented.
Councilman McNeill seconded.
Motion Carried unanimously.
3. Citizen's Input.
None.
4. EXECUTIVE SESSION: In Accordance with Texas Government Code, Subchapter D,
Section 551.072 (DELIBERATION REGARDING REAL PROPERTY):
a. Three Hundred Acres of Commercial Property North of Lois Rd.
Between I-35 and Santa Fe Railroad,
Mayor to Tem indicated that City Council would not go into Executive Session
regarding this item due to the City Attorney not being present, and that this item was
not in nature to require an executive session. Therefore, proceed with discussion on
this item.
Mayor Pro Tem advised that County Commissioner Jeff Krueger and Judge Kirk
Wilson were present and could give City Council an update or knowledge on this item.
County Commissioner addressed City Council and indicated they wanted to approach
the City Council in executive session and are not prepared to make any statements
concerning this item in open session.
Mayor Pro Tem indicated that in the best interest of the City, this item should be
discussed in the presence of the City Attorney in executive session. He apologized for
any inconvenience this may have caused. He indicated also, that due to certain
circumstances in the past and by the advise of the City Attorney, it is necessary that he
be present.
Discussion to recess meeting and not adjourn.
County Commissioner stressed the importance of this item, and how it needs to be
approached in a timely manner.
Consensus of City Council to recess after the City Council meeting unti11:00 tomorrow.
5. RECONVENE into Regular Session and Consider Action, if Any, on Items Discussed
in Executive Session.
No Action Taken.
6. Consider and Possible Action on Resolution #Ol-Ol-00 -Authorizing Loan from GNB.
Mayor Pro Tem read Caption of Ordinance as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON
COUNTY, TEXAS, AUTHORIZING THE FINANCING OF FUNDS;
Councilman Higgs made a motion to approve Resolution #01-01-00 - Authorizing the
Loan from GNB.
Councilman McNeill seconded.
Motion Carried unanimously.
7. Consider and Possible Action on Payment of Real Estate Taxes on Chambers' Property
Donated to the City.
Councilman McNeill moved to approve payment of real estate taxes on Chambers'
Property,
Councilman Higgs seconded.
Motion Carried unanimously.
8. Appointment of Members to Parks Board.
Mayor Pro Tem made the following appointments to the Parks Board:
Patti Sliger
Jim Kastell
Penny Juarez
9. Consider and Possible Action to Appoint Alternate City Judge.
Councilman Ervin addressed this item and indicated that our Home Rule Charter
provides for an alternate judge and felt like the City Council should give this some
consideration.
City Manager indicated that Councilman Ervin had approached him about the
possibility of appointing an alternate judge since the Charter allows for one, he
indicated due to the juvenile cases and the workload of Judge Spindle he wanted the
Council to give this some consideration, not necessarily to take action, but to consider
at a future meeting.
Mayor Pro Tem indicated that this item has been discussed in the past for the necessity
of an alternate Municipal Court Judge. The remedy was that there were options
available from other municipalities, who could cover at times of emergencies or
necessity.
Councilman Ervin expressed the need for this appointment.
Mayor Pro Tem instructed City Manager to discuss this item with Judge Spindle, and
get any recommendations he might have on the direction the City Council might
proceed.
No Action taken, will put as future agenda item.
10. Consider and Possible Action Regarding the Addition to the Personnel Policy
Regarding Payment of Sick Leave at Retirement.
City Manager addressed this item in regards to section 3.04 Sick Leave of the personnel
policy relating to retirement. He indicated that by adding Item (H) it referenced that
any employee who retired from the City of Sanger and has eight (8) years of continuous
service with the City will be compensated for their accrued sick leave at their current
daily rate, not to exceed ninety (90) days. The method of payment shall be at the
discretion of the City.
Councilman Ervin expressed some concerns on this benefit and felt the city should
check with other cities and see how their benefits apply in regards to vacation and sick
leave .
City Manager to get the information and report back.
Discussed
Motion made by Councilman Garza to approve this addition to the personnel policy in
regards to sick leave at retirement.
Seconded by Councilman McNeill.
Motion Carried unanimously.
11. Consider and Possible Action on Awarding Vehicle Bid for Water/Wastewater
Department.
City Manager indicated this item was re published and no bids were received with the
utility bed.
Discussion followed concerning the previous bids received as follows:
Carl Klements $17,849.00
Glenn Polk/Gainesville $19,332.50
Bill Utter Ford $189063.00
James Wood $189643.72
Jim McNatt $189139900
HGAC $189985.99
City Manager made recommendation to award bid to Karl Klements.
Councilman Ervin made motion to award bid to Karl Klements in the amount of
$179849.00.
Councilman McNeill seconded.
Motion Carried unanimously.
12. EXECUTIVE SESSION: In Accordance with Texas Government Code, Subchapter
D, Section 551.074 (PERSONNEL):
a. Evaluation of City Manager
City Council convened into executive session at 7:53 P.M..In accordance with Texas
Government Code, Subchapter D, Section 551.074 (PERSONNEL):
13. RECONVENE into Regular Session and Consider Action, if Any, on Items Discussed
in Executive Session.
Reconvened at 8:24 P.M. from executive session.
Mayor Pro Tem indicated there were no items to discuss.
Reschedule for future meeting.
Form needs to be revised.
14. Any Other Such Matters.
a) Councilman Higgs addressed the problem concerning dogs running loose in town.
Discussion.
b) Councilman Higgs also addressed the problem regarding trash around Jack in the
Box.
Mayor Pro Tem asked whose responsibility it is to pick up trash around the
community.
City Manager indicated it is the City's responsibility if it is in the R.O.W.
Discussion followed.
c) Mayor Pro Tem thanked Vince Villanueva for taking care of the problem on Duck
Creek Rd. concerning a limb that was hanging out in the road.
Vince Villanueva indicated that when Councilman Jenkins approached him with the
problem, he called John Henderson and he immediately went and cut the limb.
Mayor Pro Tem again expressed appreciation.
d) Councilman Ervin asked when the City going to get started on annexation.
City Secretary indicated that it is on her list of things to do, and she will get it done
prior to January 1, 2001.
Discussion
15. Mayor Pro Tem recessed meeting for 1:00 tomorrow, January 19, 2000 to continue
action of City Council.
RECONVENE AT 1:00 ON JANUARY 19, 2000.
PRE;iENT: Mayor Tommy Kincaid, Councilman Jerry Jenkins, Councilman Andy Garza,
Councilman Glenn Ervin, Councilman Joe Higgs
ABSI�NT: Councilman Carroll McNeill
OTHERS
PRESENT: City Manager Jack Smith, City Secretary Rose Chavez, Judge Kirk Wilson,
City Attorney Louis Nichols
3. Continued Discussion, and it was addressed under Item #3..
Mayor Kincaid reconvened City Council meeting at 1:00 P.M. which was recessed
yesterday, January 18, 2000.
City Attorney advised City Council can only recess for 24 hours, and only one time.
City Attorney addressed City Council and Judge Wilson, he indicated that he
understood there was an item on the agenda for executive session that referenced the real
estate section of the Open Meetings Act that had to do with certain property located and
identified in general terms.
Mr. Nichols indicated that it is his understanding the property is not being purchased by the
City, but by the 4A Board.
Judge Wilson indicated the decision has not been made and City Council must meet under
executive session to make that decision.
Mr. Nichols indicated if the purpose of the item on the agenda was to approve the project for
the 4B (4A) Board it is not an item to be discussed in executive session; therefore, City
Council is not entitled to go into executive session to discuss this item. The fact that it
discloses a project that is being considered by the 4B (4A) Board or by some company is not
a sufficient basis to go into closed session.
Mr. Nichols proceeded to quote the law that referenced deliberation of real estate, "A
governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease
or value of property if their deliberation in an open meeting would have a detrimental effect
on the position of the governmental body in negotiation with a third person."
Mr. Nichols further explained what this statement implied in regards to executives session.
Mr. Nichols indicated that in executive session City Council does not negotiate with a third
person. The purpose is not to negotiate but for City Council to deliberate among themselves
on any plans and how far they want to proceed.
Mr.:vichols gave another brief example and explained that the notification in regards to
executive session on the agenda was pretty close to not being sufficient to put the public on
notice of what the City Council is considering.
City Council is really considering a project for the 4 A Board, and in his opinion City Council
can not go into executive session to consider a project for the 4A Board. In his opinion , if
the City Council needs to deliberate, then it needs to be in open session.
If thf� purpose of this item being on the agenda was for the City Council to approve this as
a project for the 4A Board, then it should have been put on the agenda as such. The public
would then be given notice and City Council can not go into executive session to consider it.
Mr. Nichols again reiterated that City Council can not go into executive session to deliberate
oI negotiate real estate with a third party.
Judge Wilson proceeded to address City Council in Public to communicate certain things with
City Council and allow them to meet with 4A Board at a future time with proper posting
done,, then communicate with Mayor and City Manager following the meeting.
Discussion concerning minutes and open records.
Judge Wilson referenced the prospective client for the 360 acres on Lois & Chisam Rd. The
sites have been narrowed to three sites and Sanger is still the number one site to be
considered.
Judge Wilson indicated they probably need o meet with both the 4A & 4B Boards. He also
indicated that they will probably know the prospective company's name within sixty days.
However, there is an option that has to be executed prior to the February 3, 2000 meeting,
and if the option is not executed, which is the 200 acres of land the company needs, Sanger
will be ruled out.
Discussion followed concerning the 200 acre option, the cost of the property, "JULd if the 4A
Board will commit to purchase the property.
Judge Wilson addressed other issues of impact fees, stubbing utilities, assistance with tax
incentives, an annexation table, and road improvements on frontage.
Judge Wilson indicated County Commissioner Krueger did have some figures on commitment
for roads.
Motion was made by Councilman Jenkins to adjourn.
Councilman Higgs seconded.
Motion Carried unanimously.
Toofnfy Kincaid, Mayor
ATTEST:
(u3c4ko�
Rosalie Chavez. itv Secreta