08/07/2000-CC-Minutes-RegularMINUTES: CITY COUNCIL
AUGUST 7, 2000
PRESENT: Mayor Tommy Kincaid, Councilman Carroll McNeill, Councilman Joe Higgs,
Councilman Andy Garza, Councilman Glenn Ervin, Councilman Craig Waggoner
OTHERS
PRESENT: City Manager Jack Smith, City Secretary Rose Chavez, Administrative Assistant
Samantha Renz, City Attorney Louis Nichols, Electric Superintendent Jeff Morris,
Water/Wastewater Superintendent Eddie Branham, Police Chief Curtis Amyx, Vehicle
Mechanic Tommy Belcher, Lisa Hardy - Sanger Courier, Ralph Cain, Woodrow
Barton, Frank Ballard, Billye Hollingsworth, Hazel Pena, Pauline Bell, Ken Cornell,
Conrad Smith, J.B. Haisler, Mr. & Mrs. Joe Topper, Shelley Ruland, Frank Rodgers,
Kenny Ruland, Brenda James, Jane and Jack Richardson, Jack Biggerstaff, Art
Kramer, Delores Coker, Kim Lacey
1. N[ayor Called Meeting to Order, Councilman Waggoner led the Invocation, Councilman
Ervin led the Pledge of Allegiance.
CONSENT AGENDA
2. a) Approve Minutes: July 17, 2000
July 18, 2000 - Joint Meeting with SISD
bl Disbursements
Councilman Ervin had a few questions regarding expenditures to Water Products., and
Triangle Temporaries.
Discussion.
Councilman McNeill moved to approve the Consent Agenda. Councilman Ervin seconded.
Motion carried unanimously.
3. Citizen's Input.
None.
4. Consider and Possible Action Approving Resolution #08-10-00 - Authorizing Submission of
Texas Capital Fund Application on behalf of Wal-Mart, Inc.
Kim Lacey, Municipal Services, addressed the Council concerning this item, she indicated this
was the first of a few Resolutions for this project.
Councilman Higgs moved to adopt Resolution #0840-00. Councilman Waggoner seconded.
Motion carried unanimously.
N[ayor Read Caption as follows:
A RESOLUTION APPROVING AN APPLICATION FOR FUNDING THROUGH THE
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS TEXAS CAPITAL
FUND INFRASTRUCTURE GRANT PROGRAM
5. Consider and Possible Action to Approve Citizen Compliant Procedures for TCDP Projects.
Kim Lacey addressed this item and indicated this is a requirement of the Texas Capital Fund,
they want to establish procedures on how citizens can complain on how the grant is being
administered. This will go over into other grants as well.
Councilman Ervin moved to approve the Citizen Complaint Procedures for TCDP Projects.
Councilman Garza seconded. Motion carried unanimously.
6. Consider and Possible Action to Approve Resolution #0843-00 - Excessive Force Policy for the
City of Sanger.
Kim Lacey indicated this was another requirement of the State, and was always a part of the
acceptance in grant funds. This says the City will not use excessive force during a Civil Rights
demonstration.
N[ayor read Resolution:
A RESOLUTION ESTABLISHING RULES AND REGULATIONS REGARDING THE USE
OF EXCESSIVE FORCE DURING NONVIOLENT CIVIL RIGHTS DEMONSTRATION,
INCLUDING PHYSICALLY BARRING ENTRANCE TO A FACILITY OR LOCATION
AIHICH IS THE SUBJECT OF SUCH DEMONSTRATION, AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF , IN THE CITY OF SANGER, DENTON
COUNTY, STATE OF TEXAS, AS FOLLOWS:
ARTICLE I
Section 1: It is the policy of the City of Sanger to prohibit the use ol'excessive force by law
enforcement agencies within its jurisdiction against any individual engaged in
nonviolent civil rights demonstration. The City also prohibits the physical
barring of any entrance to, or exit from, such a facility within its jurisdiction.
ARTICLE 11
Section 1: It is the policy of the City to enforce this policy to the full extent allowed by law.
Kim Lacey indicated this would be supplemental to any policy the City might have.
Councilman Ervin moved to approve Resolution #08-13-00. Councilman McNeill seconded.
Motion carried unanimously.
Consider and Possible Action on Authorizing Award of an Administrative Services Contract
fc�r the City's Texas Capital Fund Project to Benefit Wal-Mart.
Kim Lacey indicated this needed to be done before the application process.
Discussion.
Councilman Higgs moved to authorize award of the Administrative Services Contract to
N[unicipal Services. Councilman Garza seconded. Motion carried unanimously.
Consider and Possible Action on Authorizing Award of an Engineering Services Contract
fcir the City's Texas Capital Fund Project to Benefit Wal-Mart.
Councilman McNeill moved to authorize award of the engineering services contract to Hunter
Associates. Councilman Higgs seconded. Motion carried unanimously.
9.(7.) Consider and Possible Action Regarding Request to Build a Bandstand in the City Park.
Frank Ballard, President of the Chamber of Commerce, indicated he was for the proposed
bandstand, and wanted to clear up a few misconceptions. He indicated the Flag and memorial
would not betaken down. He indicated he would like to challenge the citizens to come up with
ideas for the downtown area. Someone had suggested a portable bandstand, and he thought
that was a good idea. He indicated the City and Chamber should work together to help
promote downtown.
Ken Cornell spoke in opposition of the bandstand.
Councilman Garza moved to deny the request. Councilman Ervin seconded. Motion carried
unanimously.
10.(8) Consider and Possible Action on SISD Improvements to the New High School.
City Manager indicated at the workshop Council had decided to put this on an agenda so they
could decide what they wanted to do.
Jack Biggerstaff, Sanger ISD, indicated he would like to formally request to the Mayor and
Council consideration for provisions in regards to the water and sewer service for the new high
school project. There has been discussion in previous meetings in regards to roads and other
things. The County is going to help with the road. The City could most help the school with
making provisions for them in regards to water and sewer.
Councilman McNeill asked how many dollars are they talking about.
City Manager indicated the City Engineer had guessed about $300,000.00.
Discussion regarding the water and sewer lines, and how they will work into Mr. Sable's
concept plan.
[a nip
moved up item #17 for discussion before this item.
11.(17)Discuss Concept Plan on the Sable Property.
Art Kramer, Representing Sable Development Corporation, indicated they had been in several
oi'the meetings with the high school planning, and they dedicated approximately two acres of
land to facilitate ingress and egress for the school. He indicated also in the planning, it looked
l*Ike a good idea to designate three acres for a public park. Mr. Kramer indicated they had
received unanimous approval from the Planning and Zoning board.
Conrad Smith, Mesa Group, reviewed the concept plan with the Council. He indicated they
were asking for comments, so when the application comes through they will have addressed
most everything.
Discussion regarding proposed water line.
Councilman McNeill expressed concerns regarding water and sewer, and being able to service
all of the lots.
Councilman Ervin indicated he thought this was going to be needed, and he would like to see
it happen soon.
Vtloodrow Barton indicated they were going to have problems with storm water, and needed
to do engineering studies on infrastructure.
Mayor asked now long it would take to get studies on costs.
City Manager indicated two weeks.
N[r. Kramer indicated he would like a tentative approval.
Discussion.
Consensus of Council to give tentative approval of the concept plan.
Discussion continued on Item #8.
Councilman McNeill expressed concerns regarding where the money would come from to help
tree school.
N[ayor indicated they may need to do a bond package.
Discussion regarding cost of line.
Councilman McNeill indicated the Ordinances are very specific in stating the developer takes
the water and sewer to his project. He indicated until the money is found, his vote would be
no.
Councilman Higgs indicated they need to be progressive in order to grow.
Discussion.
Item tabled for next agenda.
Conduct First Public Hearing on Proposed Annexation of the Following Described Property:
[riDIAN SPRINGS EST., BLOCK A, LOT 5
B1EING ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE RUEBEN BEBEE SURVEY,
ABSTRACT 29, TRACT 113, AND
BIEING ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE RUE, BEN BEBEE SURVEY,
ABSTRACT 29, TRACT 114.
Public Hearing opened.
Joe Topper, Indian Springs, Block A, Lot 5 and 6, addressed the Council and asked if there
was any redress for him not to be annexed.
City Attorney indicated if he was in the ETJ, the City must provide a service plan, and can
annex him.
Discussion regarding pavement of the road and drainage problem in the area.
City Secretary explained that the County will not help fix the road, until the properties are in
the City Limits.
Public Hearing closed.
13.(10)C-onsider and Possible Action on Adoption of Ordinance #08-09-00 - Annexing Property
Legally Described As:
Tl[2AjCT 27ATHAT
B ING 1 5 ACRES. PROPERTY ICT OR PARCEL OF S LOCATED AT 1 OSITUATED IN ABSTRACT
S. S EMMONS ESON SURVEY,
ABSTRACT 1241, HENRY TIERWESTER SURVEY, TRACT 45, BEING 2.50 ACRES. PROPERTY IS
LOCATED AT 4799 BELZ ROAD.
ABSTRACT 71A, BURLESON SURVEY, TRACT 7, BEING 22.11 ACRES. PROPERTY IS LOCATED ON
CiDWLING ROAD (OLD US HWY 77).
ABSTRACT 71A, BURLESON SURVEY, TRACT 269 BEING 29.331 ACRES, AND
ABSTRACT 666A, JOHNSON SURVEY, TRACT 3 & 8, BEING 35.036 ACRES, AND
ABSTRACT 6669 IN THE R.A. JOHNSON SURVEY, TRACT 4, BEING 43.694 ACRES. PROPERTY IS
LOCATED ON STEMMONS RD (Eagle Farms), AND
ONE MILE WEST ON BELZ ROAD, RIGHT OF WAY, AND
ABSTRACT 071A, BURLESON, TRACT 6, BEING 4.0129 ACRES (HAISLER), AND
ABSTRACT 940A MCKINNEY & WILLIAMS, TRACT 7 (HS), BEING 2.000 ACRES (HAISLER), AND
ABSTRACT 940A, MCKINNEY & WILLIAMS, TRACT 79 BEING 42.91 ACRES (HAISLER), AND
ABSTRACT 93A BURLESON, TRACT 4 & 5 (PT), BEING 16.000 ACRES (HAISLER), AND
ABSTRACT 664A, F. JAME, TRACT 31, BEING 9.61 ACRES (HAISLER), AND
ABSTRACT 666A, JOHNSON, TRACT 2i BEING 177.87 ACRES (HAISLER), AND
ABSTRACT 299 R. BEBEE SURVEY, TRACT 1099 BEING 4.1277 ACRES, (KT'S) AND,
ABSTRACT 299 R. BEBEE SURVEY, TRACT 1169 BEING 3.00 ACRES (BEARD'S), AND
ABSTRACT 1241, HENRY TIERWESTER SURVEY, BEING PART OF A CALLED 66 ACRE TRACT H,
BEING A TOTAL OF 26.1544 ACRES. TO BE KNOWN AS HERITAGE WEST ADDITION, AND
VIDIAN SPRINGS EST, BLOCK A, LOT 61 AND
pjDIAN SPRINGS EST, BLOCK A, LOT 2, AND
DIDIAN SPRINGS EST, BLOCK A, LOT L
Discussion regarding Mr. Haisler's property, and the possibility of annexing four or five
hundred feet on each side of the road down Cowling.
City Attorney indicated they must have metes and bounds.
Lengthy Discussion regarding properties to be annexed.
Council agreed to wait on Millar and Haisler properties.
Councilman McNeill moved to adopt Ordinance #08-09-00 - annexing the properties legally
described as:
ABSTRACT 1241, HENRY TIERWESTER SURVEY, TRACT 45, BEING 2.50 ACRES. PROPERTY IS
OCATED AT 4799 BELZ ROAD, AND
ABSTRACT 71A, BURLESON SURVEY, TRACT 26, BEING 29.331 ACRES, AND
ABSTRACT 666, IN THE R.A. JOHNSON SURVEY, TRACT 4, BEING 43.694 ACRES. PROPERTY IS
LOCATED ON STEMMONS RD (Eagle Farms), AND
ONE MILE WEST ON BELZ ROAD, RIGHT OF WAY, AND
ABSTRACT 29, R. BEBEE SURVEY, TRACT 109, BEING 4.1277 ACRES, (KT'S) AND,
ABSTRACT 29, R. BEBEE SURVEY, TRACT 116, BEING 3.00 ACRES (BEARD'S), AND
ABSTRACT 1241, HENRY TIERWESTER SURVEY, BEING PART OF A CALLED 66 ACRE TRACT H,
BEEING A TOTAL OF 26.1544 ACRES. TO BE KNOWN AS HERITAGE WEST ADDITION, AND
I)`1DIAN SPRINGS EST, BLOCK A, LOT 6, AND
I>`tDIAN SPRINGS EST, BLOCK A, LOT 2, AND
Il�tDIAN SPRINGS EST, BLOCK A, LOT 1.
Councilman Ervin seconded. Motion carried unanimously.
14.(11)Consider and Possible Action to Confirm Appointments to Sullivan Center.
Appointments to be made:
N[r. Chester Wright, president
NIs. Margye Henerey, Secretary &Treasurer
Ida Bell Hammonds
Alyene Wells
Alendal Thomas
Councilman Ervin moved to approve the appointments. Councilman McNeill seconded.
Notion carried unanimously.
15.(12)Consider and Possible Action on Adoption of the following Resolutions #08-14-00, #08-15-00
acid #08-16-00 Authorizing the Financing of Funds.
City Manager indicated these were items that were in the budget, and GNB needs these
Resolutions for the loans.
Councilman McNeill moved to approve Resolution #08-14-fin , 08-15-00 and 08-16-00.
Councilman Garza seconded. Motion carried unanimously.
16.(13)Cons'der and Possible Action Regarding Overtime Compensation for Supervisory Personnel.
Discussion regarding Superintendents' overtime, and the FLSA that
Attorney
employees.
Discu re g
had made reference to. The chart shows Eddie and Jeff as non exempt
Discussion.
an Higgs moved to pay overtime compensation as long as they work more than fifty
Councilm gg
percent
of their work in the field. Councilman McNeill seconded. Motion Carrie
unanimously.
N[ayor skipped to item #16.
16 Consider and Possible Action the Library Board on Possible Lease
17.( Regarding Request from )
oi' City Building Located at 311 5th Street.
City Manager indicated Kim Green wants to lease the building a th the
f library
lease, they are
drawn up a rental agreement. The City Attorney has not draw p
requesting permission to lease the building.
Councilman Higgs moved to allow the Library Board to lease the building. Councilman Ervin
seconded. Motion carried unanimously.
N[ayor skipped to item #18.
18. 18 Consider and Possible Action on Ordinance #08-11-00 Regarding the Drought Contingency
( )
Plan for the City of Sanger.
City Manager indicated the City g
ets water from Upper Trinity through Denton, so both
entities guide when the water will slow down. TNRCC requires it, and it needs to be done.
Brief Discussion.
Councilman Higgs moved to adopt Ordinance #08-11-00. Councilman Garza seconded.
N[otion carried unanimously.
with Texas Government Code, Subchapter D, Section
19. 14 EXECUTIVE SESSION: In Accordance
551.071 (LEGAL) to Consult with Attorney:
1, To Consider Situation with Bolivar Supply Company.
Convened into Executive Session at 9:35 P.M.
20.(15)RECONVENE: into Regular Session and Consider Action, if Any, on Items Discussed in
Executive Session.
Reconvened into regular session at 9:48 P.M.
Councilman McNeill moved to write Bolivar Water a letter stipulating that we will give them
$1500.00 an acre for the 26 acres in Heritage West Estates, and the CCN be amended to delete
that area from Bolivar's certificated area and they participate and join in amending the City's
toy include that area. Councilman Ervin seconded. Motion carried unanimously.
21.(19)Any Other Such Matters.
A) Councilman Ervin indicated he received a complaint regarding the flags down on Bolivar,
they need to be replaced.
B) Councilman Garza indicated he received a complaint about speeding down Duck Creek
Road.
City Manager indicated he received the same complaint.
C) Discussion regarding putting a stop sign on Freese.
J�ick Smith indicated he had advised John Henderson to put Children at Play signs on
Benjamin, Laney and Brooke Streets.
D) Jeff Morris indicated he had a meeting with Brazos today and they will be installing a
second transformer at the sub station, and separate Co -Sere on one transformer and the City
on the other.
22.(20)Adjourn.
ATTEST:
Rosalie
7 ommy K
,Ulcaid, Mayor