11/06/1995-CC-Minutes-Regular11ZINUTES: city council
November 6, 1995
PRESENT: Mayor Nel Armstrong, Councilwoman Marjorie Braxton, Councilman Joe
Bell, Councilman Tommy Kincaid, Councilman Jack Richardson, Councilman
Glenn Erviu
OTHERS
PRESENT: City Secretary Rosalie Chavez, Electric Superintendent Larry Yoast, Chief
of Police Benny Erwin, Public Works Superintendent Chuck Tucker, City
Attorney Louis Nichols, Darwin Sargent, Russell Madden, Lisa Hardy, Pam
Stephans, Randy Stephans, Keith Newton, Sharon Wilkerson, Wanda Ervin,
Richard Muir, Steve Hollingsworth, Jane Richardson, John Hamilton and his
attorney Stephen Colbert
1. Mayor Armstrong Called Meeting to Order. Councilman Bell led Invocation which
was followed by the Pledge of Allegiance.
CONSENT AGENDA
a) Approve Minutes
b) Disbursement s
Motion was made by Councilman Erwin to pay disbursements {which included} XIT
payment of $ 87.446.00 . Seconded by Councilman Bell.
Motion Carried unanimously.
2. Citizens Input.
(1) Keith Newton, resident of Sanger, addressed Council concerning certain issues
involving the City Manager's position. He expressed his support of Mr.
Hamilton and all of his accomplishments.
3. Consider and Possible Action Regarding Dorwin Sargent's Plat far Sargent Addition
Phase III Lots 8-16 Block A.
Mr. Sargent indicated he had asked Mr. Hamilton for a postponement on filing this
plat until after January 1, 1996. Mr. Hamilton advised Mr. Sargent at the time of
his request that it would not be a problem to wait until after January 1.
Motion was made by Councilman Ervin to wait until January 2 to file plat.
Seconded by Councilman Bell.
Motion Carried unanimously.
Mr. Sargent also addressed another issue concerning this plat which . he : indicated
was approved by Planning and Zoning, City Council, and City Engineer_;Onfiis plat
the construction lines had been indicated. At the time his-contracto `.;Gar .'I ill, got
ready to lay the sewer line and tie in to the existing sewer line `as` z c ir teii oil,: the
map it was not there. . ' . a -
Mr. Sargent indicated he felt he should not be responsible; for, an error t. e City
Engineer failed to indicate. - t , -
Mayor Armstrong did indicate to Mr. Sargent that his engineer should have caught
it also. On the original sewer maps located in staff room it indicates exactly where
the break was on the sewer line.
Mr. Sargent's final request was for the city to bear the cost that he has encountered
far laying the sewer line. Discussion continued. Council decided to postpone this
item for two weeks to get a cost before any decision could be made.
4. Consider and Possible Action Regarding ETJ Plat -Muir Switzer Addition.
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Discussed
Item was postponed and delayed in order to proceed with Public Hearings before
Planning &Zoning and City Council to approve plat.
5. Conduct Public Hearing to Consider Zoning Request Change from Agricultural to
SF4A on Abstract 1241, Tract 215, 5.0 Acres.
Mayor Armstrong declared Public Hearing opened No one spoke for or against.
Mayor Armstrong declared Public Hearing closed
6. Consider and Possible Action Regarding Zoning Request Change from Agricultural
to SF4A on Abstract 1241, Tract 215, 5.0 Acres.
Discussed
Motion was made by Councilman Richardson that this zoning request change be
denied. Seconded by Councilman Ervin.
Motion Carried unanimous.
7. Conduct First Public Hearing to Consider Annexation of the following properties:
a) Abstract 1241, H. Tierwester Survey and Abstract 1024, R. Prather Survey,
being all of the 1.001 Acre Tract located on Duck Creek Road.
b) Abstract 1241A, Henry Tierwester Survey, Tract 61A consisting of 19.2388
acres located on Beaton Road.
c) Abstract 1241A, Henry Tierwester Survey, Tract 65B consisting of 8.9403
acres located on Beaton Road
No one spoke for or against.
Mayor Armstrong declared Public Hearing closed
8. Consider and possible action Regarding Resolution No. 17-95 Designating the
Authorized Signatories for Drawdown Requests from the Texas Department of
Housing and Community Affairs.
Motion was made by Councilman Bell to approve Resolution No. 17-95 providing
designation of authorized signatories for drawdown requests. Seconded by
Councilman Kincaid.
Motion Carried unanimously.
9. Conduct Public Hearing for Consideration of Ordinance Adopting Changes relating
to Eligibility of City Employee to Retire (20 Year Any Age) and Participate in the
Texas Municipal Retirement System.
Mayor Armstrong declared Public Hearing opened.
No one spoke for or against .
Mayor Armstrong declared Public Hearing closed.
10. Consider and Possible Action for Adoption of Ordinance 18-95 Relating to
Eligibility of City Employee to Retire 20 year any age -TMRS.
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Motion was made by Councilman Richardson to adopt Ordinance No. 18-95.
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Seconded by Councilwoman Braxton.
Motion Carried unanimously.
11. Consider and Possible Action Adopting Ordinance No. 19-95 Allowing Certain
City Employees to Receive Military Service Credit with the Texas Municipal
Retirement System.
Motion was made by Councilman Kincaid to adopt Ordinance No. 19-95.
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`" "" Motion Carried unanimously.
12. Consider and Possible Action Regarding 1994 HOME Program Contract #534221
Contract Reconstruction Guidelines.
Motion was made by Councilman Kincaid to approve 1994 Home Program Contract
#534221 Reconstruction Guidelines. Seconded by Councilman Richardson.
Motion Carried unanimously.
13. Consider and Possible Action Regarding 1994 HOME Program Contract #534221
for Professional Services.
Motion was made by Councilman Bell to approve 1994 HOME Program Contract
#534221 for Professional Services. Seconded by Councilwoman Braxton.
Motion Carried unanimously.
14. Consider and Possible Action Regarding Interlocal Ambulance Agreement between
the City of Denton and the City of Sanger.
Motion was made by Councilman Richardson to approve Interlocal Agreement
between the City of Denton Fire Department and the City of Sanger for Ambulance
Service to the City of Sanger. Seconded by Councilman Kincaid.
Motion Carried unanimously.
15. Consider and Possible Action Regarding Sanger Summer League's use of the
Community Center.
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Motion was made by Councilman Bell to allow Sanger Summer League to use
Community Center on the tentative dates Nov. 9, Dec. 7, Jan. 27, Feb. 3 and Feb. 10
and possibly a day in March at no charge. Seconded by Councilman Richardson.
Motion Carried unanimously.
16. Consider and Possible Action regarding Election %J Candidate to Board of Directors
of Denton Central Appraisal District.
Motion was made by Councilman Kincaid to support Bill Wood for election to the
Board of Directors of Denton Central Appraisal District. Seconded by Councilman
Ervin.
Motion Carried unanimously.
17(18}Consider and Possible Action concerning storage of City Records.
Discussed.
Council discussed construction a building to store the records or using a refrigerated
trailer.
18(19)Administrative Report.
1) Mayor Armstrong briefed City Council concerning the properties that the city
leases from Atchison, Topke & Sante Fe Railroad. She advised that the
railroad is willing to sell these properties. She has contacted Joh1 Springer
who advised that the selling price the Railroad is asking is ar�asonable
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amount. Will be placed on Council agenda at a later date..
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2) Mayor Armstrong reported she has tried to get in touch eiWe-A Bovines,
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President of Bolivar Water Supply and his father recently pasted away and
she has not been able to speak with him. She did talk 'to a .member of
Bolivar Association who advised he could not speak for the Board, however,
he indicated he would be in favor to meet with the City to discuss this.
3) Mayor Armstrong briefly discussed her letter to Khosrow concerning his
mobile home park that he owns in the city. Mayor Armstrong stated that
Public Works Superintendent Chuck Tucker indicated to her that he felt that
since the city maintains the main line to the meters that it would be much
easier for the meters to be read individually and all the city could be
accepting would be the water meters. Mr. Khosrow was advised in the letter
that if he was interested, to write Council a letter and it would be placed on
the agenda for Council action.
19(17)Consider and Possible Action Regarding City Administrator's Position.
Motion was made by Councilman Kincaid that by the counter offer, be is assuming
Mr. Hamilton has refused Council's offer and based on that and what was initially
discussed at that time if it was not accepted, then he would be dismissed with
vacation pay. The reason for dismissal was that Council had lost confidence.
Seconded by Councilman Bell.
Voting for: Councilman Bell
Councilman Kincaid
No verbal vote, therefore it was
Abstention on the following:
Councilman Ervin
Councilman Richardson
Councilwoman Braxton
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Therefore it was a unanimous vote.
Mr. Colbert, attorney representing Mr. Hamilton, did address the issue of Mr.
Hamilton's termination as City Administrator.
Mayor Armstrong indicated that Council had received a counter proposal regarding
Mr. Hamilton's position as a consultant to the city. It was noted that with this in
mind Mr. Hamilton has refused Council's original proposal.
20. Any Other Such Matters.
21. Adjournment.
Nel Armstrong, Mayor
ATTEST:
Rosalie Chavez, City