08/03/1998-CC-Minutes-RegularMINUTES: City Council Meeting
August 3, 1998
PRESENT: Mayor Tommy Kincaid, Councilwoman Alice Madden, Councilman Glenn Ervin,
Councilman Mike James, Councilman Jerry Jenkins, and Newly Appointed
Councilman Carroll McNeill
OTHERS
PRESENT: City Administrator Jack Smith, City Secretary Rosalie Chavez, Administrative
Secretary Samantha Renz, Water/Wastewater Superintendent Eddie Branham, Chief
of Police Benny Erwin, Electric Superintendent Jeff Morris, Joe Higgs, John
Bucklew, Woodrow Barton, Butch Langley, Fern butto, Mary Jo Stover, Doris
Garner, Robert Garner, Shelly Ruland, Eric Smith, MaryAnn Adcock, Kenneth
Adcock, Wanda Ervin, Nathan Ervin, Linda Hewlett, Ken Cornell, Dilana Mosley,
Frank Ballard, Helen Bounds, Andrew Foote, Frank Rodgers, Merrie Lou Abney,
Miriam Colderon, Janene Spratt, April Siver, Pam Harvey, Wynema Schertz, Joe
Frost, Diana Cruz, Timothy Piatt, Cheryl Nordie, Jeff Nordie, Beverly Drake, Jane
Valentine, Rick Fuller.
1. Mayor Pro-Tem Tommy Kincaid Called the Meeting to Order, Councilwoman Madden led
invocation, with Councilman Jenkins leading the Pledge of Allegiance.
2. Discuss and Possible Action to Fill Mayor's Position.
Councilman Jenkins Made motion to nominate Tommy Kincaid to fill vacancy as Mayor
by acclamation. Councilman Ervin seconded.
Motion Carried Unanimously.
3. Swear In of Mayor.
City Secretary Rose Chavez, proceeded to give Oath of Appointed Official to Mayor
Tommy Kincaid, and the Oath of Office.
4. Discuss and Possible Action to Fill Councilman's Position.
Councilman Jenkins indicated that in the last several weeks they had all discussed with
these people who they knew would fill capacity of Mayor, or City Council position. He
indicated some citizens had expressed it was their intention to sign for the election in May.
In considering a lot of the people, and in the previous way City Council has filled positions
of vacancy on the Council, and to keep from giving an unfair advantage to one or more
people he would like to nominate Carroll McNeill to fill the vacancy on the City Council
for the remaining 10 months.
Councilman James seconded
Motion Carried Unanimously,
5. Swear In of Councilman.
Mayor Kincaid proceeded to give Oath of Appointed Office, and Oath of Office to
Councilman McNeill.
CONSENT AGENDA
'" 6. a) Approve Minutes: May 20,1998 Workshop -May 26,1998 Special Called Meeting,
June 2, 1998, June 6, 1998 Special Called Meeting, June 15,1998, June 22, 1998,
June 27, 1998 Special Called Meeting, July 6, 1998, July 20, 1998 City Council
Meeting.
b) Disbursements
Motion was made by Councilman Jenkins to approve Consent Agenda with exception of
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July 20,1998 Minutes, and to add disbursements for Cherokee Painting, for the water tower
in the amount of $12,696.75.
Councilwoman Madden Seconded.
Motion Carried. - Councilman McNeill abstained due to he had not read all the minutes nor
heard them.
7. Citizen's Input.
Mr. Barton indicated he would like to speak on Item #11 before motion is made.
8. Conduct Public Hearing to Consider Replat of a Portion of Tract 52 and Tract 56, Henry
Tierwester Survey, Abstract 1241, now known as Kwik Kar Addition.
Mayor Kincaid declared Public Hearing Opened.
No one spoke for or against this Item.
Public Hearing Closed.
9. Consider and Possible Action Regarding Repiat of a Portion of Tract 52 and Tract 56,
Henry Tierwester Survey, Abstract 1241, now known as Kwik Kar Addition.
Councilman Jenkins asked if Hunter's Associates had made any recommendations.
City Secretary Rose Chavez, indicated there were a few items addressed by the engineer
that had to be corrected prior to construction.
Eric Smith, 4725 Nile Road - addressed City Council on the concerns expressed by Mark
Hill. In reference to the letter, all items had been met, with the exception of #7, and #8.
Mr. Smith said they had failed to indicate the iron rods on the Plat, and that will be
corrected. Mr. Hill's letter also indicated that the meets and bounds description must also
be listed.
On Item Number 8, in Mr. Hill's letter, the water, sewer and drainage plans for the
property had to be submitted to the City's engineer for review and his approval.
Councilman James expressed that in the last year they had pre approved replats, and made
a lot of assumptions. Many times there was no notification given to them stating that all
items had been corrected.
Councilman James felt that City Council needed to "crack down", and police things more
than they have been, and indicated they let too many things slide through the cracks.
Councilman Jenkins agreed the last two items always seem to come up in plats, and
indicated that possibly it was a lack of information not being given to the people.
City Administrator Jack Smith indicated that presently they were working on a packet to
give to a developer when they come in to plat or replat a piece of property.
Discussion.
Mayor Kincaid felt they should not make this gentleman suffer, because of their own
inequities.
Councilman James indicated that he did not want anyone to suffer, he simply made a
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comment, and City Council needed to address the concerns.
Councilman James indicated as long as the two last items on Mr. Hill's letter are met then
they need to proceed.
Councilman
Jenkins asked at what stage
were they as
far as getting started on the building.
He asked if
a two week delay would be
a problem.
Mr. Smith indicated
they were
still working on the
engineer's plans, and were
approximately a month
away from
starting on the building.
He indicated a two week delay
would hurt financially,
because he
is paying interest on the
property.
Councilwoman Madden moved to Replat a Portion of Tract 52 and Tract 56, Henry
Tierwester Survey, Abstract 1241, now known as Kwik Kar Addition contingent upon
receiving something from Hunter's Associates regarding Item #7 and Item #8.
Councilman James Seconded.
Motion Carried Unanimously.
10. Consider and Possible Action on Preliminary/Final Plat, Phase 1, Sable Development.
Mayor Kincaid read the letter of recommendation from the city's consulting engineer
regarding this plat.
City Secretary addressed City Council and indicated that the Planning and Zoning Board
met last Thursday and recommended that the Plat be approved contingent upon their
engineer filing all the final set of plans, and the plans being approved by the City's engineer
and with the easement being recorded.
City Secretary also indicated that the problem with the developer is they want to proceed,
then staff rushes to set up the required hearing; however, the time for the developer to get
all the paperwork to the City's Engineer for approval is not sufficient.
Mr. Platt, 4829 Belz Rd., Architect for the site, addressed City Council, and advised them
that the Engineer would have all plans by Monday or Tuesday of next week, and will
comply with all requirements. He indicated they were hoping to pour the foundation next
week.
Councilman Jenkins asked how they could pour without building lines.
Mr. Platt explained they did have building lines, what they did not have was the drainage
calculations, etc.
City Council expressed concern on this request, and indicated they needed to follow
procedure and discussion followed.
Councilman Jenkins made motion to deny the request.
Councilman McNeill Seconded
Motion Carried Unanimously.
At Councilman McNeill's request, the Mayor did ask that they come back to the next
meeting to try to get it approved again.
11. Consider and Possible Action to Approve Resolution Submitted by Citizen.
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Mr. Barton first congratulated the newly appointed members of City Council.
Mr. Barton indicated that since the 1980's Councilman Jenkins has been signing people who
owned property outside Sanger City Limits into Banger's ETJ (Extra Territorial
Jurisdiction). He indicated Councilman Jenkins had signed him in 1986 for property he
owned on McReynold's Road.
The purpose was to keep the City of Denton from encroaching the azea surrounding Sanger,
thus reserving this azea for future annexation into the City limits of Sanger.
Mr. Barton indicated that surely Jerry did not save them from the City of Denton to have
a 500 acre landfill in their midst. Mr. Barton indicated now is the time to save Sanger from
a major regional landfill. Mr. Barton read his Resolution:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANGER, TEXAS,
TO -WIT:
WHEREAS, the importance of the City of Banger's growth to the north is recognized by the
City Council of the City of Sanger, Texas; and,
WHEREAS, the City of Sanger, someday, may want to annex the land north of the current
City limits; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BANGER, TEXAS:
That the City Council of the City of Sanger opposes a landfill on the land north of the City
bounded by I-35 on the west, Lois Road on the North, Marion Road on the East, and F.M.
455 on the south.
Mr. Barton addressed those who feel IESI will go away, and reminded them of now Mayor,
Tommy Kincaid's statement at the meeting held June 2, 1998 at Chisohn Trail Elementary.
"By rescinding this contract, does not keep you from having a landfill. If we rescind this
contract, and do not sit down and try to negotiate to work this out through a committee
and IESI, then they can come in here, and build this any way they see fit, if they get the
permit. They could get the permit, and he personally did not want to call their bluff." Mr.
Barton indicated this concluded the Mayor's statement.
Mr. Barton expressed that they urged City Council to pass this Resolution in opposition of
the landfill.
Councilman McNeill indicated a Resolution against the landfill will serve the City well He
is opposed to the landfill in Sanger or in Banger's ETJ. Councilman McNeill feels they need
to cover a whole area instead of a small area.
Councilman Jenkins expressed concern for the wording of the Resolution. He has spoken
to Mr. Barton, and Mr. Barton has indicated the wording of the Resolution could be
changed. Councihman Jenkins felt that this could be accomplished if the wording was
different.
Discussion followed on the following:
a). Wording of the resolution.
b). What importance the resolution has, and can it keep the landfill out.
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Councihnan Ervin suggested Mr. Barton sit down with Councilman McNeill and
Councilman Jenkins and work up a resolution, he also indicated he would like more
information from the City Attorney regarding the Resolution.
Mr. Barton indicated the landfill will be a hindrance to the growth of Sanger, and to the
reputation and dignity of the citizens of Sanger. They are still asking City Council to
support this wording for this Resolution. Mr. Barton indicated if City Council wanted to
work something out later that is more broad and encompassing, he is all for it. He did not
think it was the job of the group opposing the landfill.
Discussion.
Councihnan Jenkins made motion to table the Resolution until they receive written advise
from the attorney as to why they should not pass the resolution, and how they could pass
it.
Seconded by Councihnan McNeill.
Motion Carried Unanimously.
12. Consider and Possible Action Regarding Sanger Cemetery.
Mayor Kincaid indicated there was another letter written from the attorney in regards to
the cemetery. At the last City Council meeting, the Council was not aware of this second
letter. Mayor Kincaid proceeded to read Mr. Nichol's letter. In summary, the letter
indicated there should he no problem with the police department locking and unlocking the
cemetery, as long as the City police department had the request in writing.
Councilwoman Madden indicated since the police department has been locking and
do it, unlocking the cemetery, and no not mind doing it, she would like to see them continue to
Councilwoman Madden moved that the police department continue locking and unlocking
gates at the cemetery.
Councilman James Seconded.
Motion Carried
13. Consider and Possible Action on Appointments to all the Boards.
Discussion,
City Council would like to see a list of all members coming off the Boards.
Staff was instructed to provide the list at the next meeting.
City Administrator indicated most of the boards have submitted their own
recommendations, and all the people for reappointment have been contacted.
Item postponed till next City Council meeting.
14. Consider and Possible Action on Awarding Bid on Sanitary Sewer Improvements, South
Stemmons Line.
Mr. Smith indicated Hunter Associates had faxed the low bid at $121,200.00 on the 18"
sewer line from Dickerson Construction Company of Celina, TX, completion in 60 calendar
days.
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Hunter Associates did recommend the low bid.
Mr. Smith indicated seven bids were received, and Mark Hill, City Engineer, did a
comparison on all bids received.
Councilman James made motion to award Sanitary Sewer Improvements, South Stemmons
Line to Dickerson Construction for the amount of $121,000.00 with completion date of 60
days.
Councilman Ervin Seconded.
Motion Carried Unanimously.
15. EXECUTIVE SESSION: In accordance with Chapter 551, Govt. Code, Vernon's Texas
Codes Annotated (Open Meetings Law), Section 551.074, Personnel Matters.
a). Electric Superintendent
Mayor convened City Council into Executive Session at 8:14P.M.
16. RECONVENE into Regular Session and Consider Action, If Any, on Items Discussed in
Executive Session.
Mayor Reconvened City Council from Executive Session at 8:44P.M.
Councilman Jenkins moved to authorize City Administrator to pay Department Head's
overtime at his discretion for necessity, and need for overtime, or compensation.
Councilwoman Madden Seconded.
Motion Carried Unanimously.
Councilman Jenkins indicated this was not intended to make it to where we give all the
overtime to the Department Heads, they need the Department Heads to help out.
17. Any Other Such Matters.
a). Mayor Kincaid asked Mr. Smith about the budget, and when the City Council will have
a workshop.
City Council scheduled a budget workshop for the following Monday.
b). Mr. Smith indicated Texas New Mexico Power called, and is scheduled to come in
Wednesday concerning the electric department.
City Council discussed that the electric system was not for sale, so why were they discussing
it.
Mayor Kincaid indicated the reason they were discussing it, was the concern of
deregulation, and to be able to get an idea as to the net worth of the system.
c). Eddie Branham indicated the City was on line with Upper Trinity for the water and
everything is good.
d). Jenkins indicated he had received a call regarding a driveway on Wood St.
Mr. Smith indicated he and John were going to look at it in the morning.
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e). Discussed the issue of water rationing.
Odd/Even is still in effect.
f). Discussed beautcation of City entrance around the sign.
Councilman James indicated at one point the state was going to beautify the walkway, and
asked what happened.
Discussion.
City Secretary indicated the person they needed to contact was Barry Heard at TX -DOT.
18. Meeting Adjourned.
ATTEST:
--I -- ------
Rosalie Chavez, City Secre
Tommy Kincaid ; Mayor