08/02/2004-CC-Minutes-RegularMIlVUTES: CITY COUNCIL
August 2, 2004
PRESENT: Mayor Tommy Kincaid, Councilman Andy Garza, Councilman Mike Lawler,
Councilman Jimmy Evans, Councilman Joe Higgs, Councilman Glenn Ervin
OTHERS
PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez,
Administrative Assistant/Assistant City Secretary Samantha Renz, Water
Wastewater Superintendent Eddie Branham, Electric Superintendent Mike
Prater, Charlotte Summers, Steve Summers, Doris Garner, Robert Garner,
John Looper, Jan Looper, Nathan Ervin, Bobby Swan, William Brown, Wanda
Ervin, John Springer, Liz Springer
1. Mayor called Meeting to Order, Councilman Lawler led the Invocation, followed by the
Pledge of Allegiance.
CONSENT AGENDA
2. a) Minutes July 6, 2004
July 19, 2004
b) Disbursements
Councilman Ervin indicated they did not say they were almost flooded, they said they
had been flooded, on page 4 of the minutes.
Councilman Evans moved to approve the Consent Agenda as corrected. Councilman
Garza seconded. Motion carried unanimously.
3. Citizen's Input.
None.
4. Consider and Possible Action on Drainage Issues off of Rising Star Lane.
City Manager indicated there was a meeting setup with the Commissioner on
Thursday at 4:00 p.m., the Loopers and anyone else are welcome to come. They have
taken pictures of the area.
Ms. Looper indicated she spoke to the commissioner's secretary, who indicated they
were looking at it and going to schedule a meeting.
Councilman Ervin asked if the City staff was going to submit any recommendations.
City Manager indicated Lee Allison, the City Engineer, will meet with John Henderson
and anyone else who wants to meet with them.
Discussion regarding the issue.
Mayor indicated if toa much of the water is turned loose too quick, it will cause
problems down stream.
Discussed development that has impacted the drainage in the area.
Mayor indicated it cannot be fixed overnight, but the city is looking at the situation.
Councilman Ervin indicated they need to look seriously at cleaning the ditch out
behind the Looper's house.
Discussion continued regarding the drainage issue.
Mayor indicated we will find out Thursday what the County has to say, and go from
there.
Councilman Ervin requested this be on the next agenda.
Discussion continued.
Councilman Ervin indicated he felt the City should gather all of the engineering studies
from all of developments that are affecting the water flow into that creek, and take
them to the meeting.
S. Consider and Possible Action on Estimates for Repairs at 100 S. 8"` Street.
City Manager indicated the bids are in the packet.
Charlotte Summers,100 S. Sth, indicated she drove to the Carpet Outlet and did not
like the quality of the carpet they had . Smitty's did not have colors that would match.
She was happy with the quality of carpet from Specialty Floors.
Councilman Ervin asked if this was a sewer back up.
Charlotte Summers indicated it was storm water that backed up through the sewer
pipes.
Councilman Ervin asked if Home Owner's insurance would not cover this.
Ms. Summers indicated she did not know. She did not check into it after the City
Manager indicated the City may take care of it.
Councilman Ervin indicated he felt it should be between the home owner and the
contractor, rather than the City being involved.
Discussion continued.
Eddie Branham indicated the sewer pipe is in the ditch, the pipe was not replaced, the
only work done was on the water line and the street.
Councilman Evans indicated he felt since they already stated that the City would take
care of this, he felt they should.
Councilman Ervin indicated he had time to think about it and indicated he felt they
should go through their home owner's insurance, and that the City should not be
responsible for this.
Discussion.
Councilman Ervin asked if Ms. Summers had provided the tape that was requested.
Ms. Summers indicated she had not brought it in yet, but that she had it with her.
Discussion.
Councilman Higgs asked if it was ever determined whose problem it was.
Ms. Summers indicated it was too much volume backing up into their line. The only
way they could relieve it was to open the overflow.
Discussion regarding the sewer lines, and that the Summers' are tied into Willow Street
and not to Eight Street sewer service.
Councilman Higgs asked if any of the other residents had a problem.
Eddie Branham indicated he did not get any other complaints.
Discussion continued.
Councilman Lawler asked what TML had said about the situation.
City Secretary indicated TML stated the City was not liable, the City attorney also
indicated the City was not liable.
Councilman Lawler indicated that despite what the City Manager may have said, he
had a problem with the City paying for this and the Summers' not going through their
home owners insurance first. He was against it.
Councilman Evans moved to accept the lowest bid of $565.00. Councilman Garza
seconded.
b.
7.
Discussion.
Motion carried 3 to 2. Councilman Ervin and Councilman Lawler voted No.
Re -designate Walmart as an Investment Zone.
Councilman Evans moved to re- designate Walmart as an Investment Zone,
Councilman Garza seconded. Motion carried unanimously.
Consider and Possible Action on Resolution #07-12-04 -Regarding Smokeless
Tobacco in City Buildings.
Councilman Evans moved to approve Resolution #07-12-04. Councilman Lawler
seconded. Motion carried unanimously.
Discussion Regarding Trees on Fifth Street.
Councilman Lawler referenced the hackberry trees on Fifth Street, and indicated that
he wanted to know what the possibility was of getting the trees cut down and replacing
them with something else.
Mayor indicated at one time, the trees were all whitewashed.
John Springer indicated the history of Sanger shows that the trees were originally
planted through the whole town by the settlers.
Discussion.
Councilman Lawler felt they should take the unsightly trees down, and put something
else back.
Mayor indicated a live oak would hold up and would stay. They probably wouldn't
bother the lines.
Discussion.
Councilman Lawler asked if the City had the equipment to cut the trees down, or would
we have to contract it out.
Mayor indicated the company that trims the trees out of the lines would probably be
the best company to use.
Discussion continued regarding the trees.
Mayor asked about the grant from TXDOT.
Liz Springer indicated that Alice Madden is forming a committee to work with
TXDOT, and they have considered doing something on Fifth Street.
Discussion continued regarding the trees.
Mike Prater indicated he had increased his budget for tree trimming, and could utilize
some of that to take down some of the trees.
Mayor asked staff to see what it would cost per tree, to cut them down.
Discussion continued.
9. Meeting Adjourned.
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