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03/21/2005-CC-Minutes-RegularMINUTES: CITY COUNCIL March 21, 2005 PRESENT: Mayor Tommy Kincaid, Councilman Andy Garza, Councilman Mike Lawler, -Councilman Jimmy Evans, Councilman Joe Riggs, Councilman GIenn Ervin OTHERS PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez, Administrative Secretary Geraline Davis, Streets/Parks Superintendent John Henderson, Electrical Superintendent Michael Prater, John Springer, Liz Springer, Michael Davis, Mark Hill, Jan Looper, Johnny Looper, Kathy Floyd, Nel Armstrong, Ken Perry, Joyce Fuller, Bill Fuller, Rusty Patton, Chase Johnson, Cynthia White, Chris Steubing, Eddie Dane, Mike Walker, Patti Walker, Gayland 1T�._71 A" d"l Lff.XT_277 t1U�VCit, l..ls. lYll:l\CtU, LQV1U l�U1C�rilG L Mayor called Meeting to Order, Councilman Garza led Invocation which was followed by Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes: March 7, 2005 b) Disbursements Councilman Ervin moved to accept the Consent Agenda. Councilman Lawler seconded. Motion carried unanimously. 3. Citizen's Input. None. 4. Consider and Possible Action Regarding Budget Amendments to the FY 2003/2004 Budget as Presented by Bill Spore. Bill Spore addressed the' Council regarding Budget Amendments as discussed in the workshop. Councilman Garza moved *to accept the Budget Amendments. Motion was seconded by Councilman Evans. Motion carried unanimously. 5. Consider and Possible Action Regarding Approval of the Fiscal Year 2003/2004 Audit as Presented by Bill Spore. Councilman Evans moved to approve the Fiscal Year Audit as presented. Motion was secondeA by Councilman Garza.. Motion carried unanimously. Consider and Possible Action on Appointment of Auditor for Fiscal Year 2004/2005. Councilman Biggs moved to appoint Bill Spore as City Auditor for Fiscal Year 2004/2005. Motion was seconded by Councilman Evans. Motion carried unanimously. 7. Consider and Passible Action on Rising Star Drainage/FloodingIssnes. Commissioner Cynthia White addressed the Councilwil an apology for the length of time it has taken to evaluate this situation. She indicated that Jack Dyer (County Engineer at that time) and herself had met with the Looper's in June of2004 in regards to flooding and to see if the culvert on Duck Creek could be contributing to the problem. Commissioner White did express that the County had jurisdiction at the right-of-way and the drainage ditches along Duck Creek. Commissioner White then introduced Denton County's new Director of Public Works, Chris Steubing, to address the Council on this matter. Mr. Steubing indicated that he took approximately 1000 acres, drainage and water shed numbers to find what rate the water crosses' on Duck Creek. He indicated the rate is 2600 cubic feet a second in a 100 year event. Chris Steubing indicated concern on channel improvements upstream and downstream. His analysis indicated there is no easy way to fig the problem. It would cost the County more than $160,000.00 for (8),8 ft by 5 ft box culverts to fix a problem that would not change the Looper's situation at all and would lower water elevation by %z ft. The numbers were run at 2 year and all the way up to a 100-year event. Discussion regarding the following issues continued. a. The County can clean out the ditches b. Survey needs to be conducted further downstream. c. Looper's house by FEMA map is in the flood plain. d. Clearing the channel and how it would effect the Looper's property. City Manager indicated that possibly the City of Sanger and the County could make a joint effort by City of Sanger to widen the ditches upstream. The County could then put 8x 5 concrete boxes under the road and widen the ditch downstream. This would allow for a better flow and possible alleviate the problem. Chris Steubing indicated that he believed it would make a difference. Commissioner White indicated she would be more apt to assist and spend $160,000.00 if the City of Sanger would make a joint effort to correct the problem. Discussion. Chris Steubing suggested the City get a hydraulic analysis. Discussion. Councilman Evans indicated he would like for staff to gather -and have something for Council to consider by the next Council meeting. Councilman Higgs moved that staff find out how much it cast for a hydraulic analysis and for it to be brought back before City Council for approval. Motion was seconded by Councilman Evans. Motion carried unanimously. 8. Consider and Possible Action Regarding the Utilization of the Texas Forest Grant and the Decision on Matching Procurement. Fire Chief Pennington addressed the Council concerning this Grant. The Fire Department received a Grant for $108,000.00 from the Texas Forest Service for the purchase of a tanker. The estimated cost for this equipment was $238,000.00. This equipment would raise the ISO by two credit ratings. Mr. Pennington indicated the $108,000.00 will be the down payment and the City would not have a payment until October 2006. Discussion. Councilman Evans moved to approve the $238,000.00 truck. Councilman Garza. Discussion. Motion carried unanimously. Motion seconded by 9. Consider and Possible Action Regarding Hiring an Additional Fire Department Employee. David Pennington, Fire Chief indicated the Fire Department had received a second grant from Homeland Securities Preparedness. Chief Pennington indicated in this year's budget there were allocations made for the purchase of bumper gear, radios ° and a thermal imager. This grant will pay for those expenses and allow the monies to be used toward salaries to hire a full time employee. Discussion. Councilman Evans moved to hire a new employee for the Fire Department. Motion was seconded by Councilman Ervin. Motion carried unanimously. 10. Consider and Possible Action to Reconsider Bid from TektOn Building and Development for Phase I Restoration of the. Old Sanger Presbyterian Church. NeIArmstrong, Chairman of the Sanger Area Historical Society, addressed the board indicating this project has been put out for bid on 23 separate occasions and each time we only received one bid. She indicated she spoke with Brad Patterson with Texas Historical Commission, and he agreed that changes could be made to the architectural specs. The City Manager and Nel met with the architect, Arthur Weiman and -Mike James, contractor, to discuss the changes. The bid of $92,546.00, must be approved pending negotiations to lower his bid. Discussion. City Secretary indicated a change orderwould be negotiated and then itwould be brought before the Council again for fmal approval. Discussion. Councilman Ervin moved to accept the bid of $92,546.00 contingent upon negotiating a change order to lower the cost of the bid, then it is to be brought back to City Council for evaluation and final approval of the change order. Motion was seconded by Councilman Higgs. Motion carried 44. Councilman Lawler voted no. ll. Consider and Possible Action Regarding Professional Services Agreement with Carter Burgess. City Manager indicated this is a standard professional agreement and does not commit the City of Sanger for these services. Mark Hill with Carter Burgess addressed the Council indicating the document was a general services contract which contains hourly rates for small projects. Discussion. Councilman Evans moved to accept agreement. Motion was seconded by Councilman Garza. Motion carried unanimously. 12. Consider and Possible Action on the City Maintaining Water and Sewer for Sanger Mobile Home Park. Councilman Garza expressed concern as to why this item was on the agenda. City Manager indicated a Councilman requested this item to be on the agenda for consideration. Councilman Lawler indicated he needed clear answers on why our city employees are working on private property. David ZuleWe, owner of the mobile home park, addressed the Council indicating that an easement has been granted to the City and the agreement has been in place since 1,989. He indicated there is not a difference in servicing his mobile homes and servicing homes with alleys. Mayor. indicated that our city attorney, advised that it is illegal for us to be on private property City Manager continued by reading a letter that was sent to the City by an attorney with TML. City Secretary indicates she sent the easements to Mr. Dillard for review. He indicated the easements gave us the right to be on the property; however, it still was not legal. Mr. Discussion on the bid and the name of the company. This company is on site installing the infrastructure for Sable Creek. Councilman Ervin inquired as to now many feet of the line needs to be moved. Mr. Smith addressed the Council indicating there would be 460 ft. of line to connect into the existing sewer line and removal of 180 ft. of existing line underneath the lots. Councilman Ervin expressed concerns regarding the need for council t dio nave this information in the packet. Councilman Higgs inquired if the line would be removed and a new line installed for $24,900. City Manager and WaterLWastewater Superintendent both stated the removal.of. _ the old line and installation of the new line would be covered for the agreed amount. Councilman Lawler asked if the line could be flushed. and capped. Mr. Joe Smith, developer of this property, indicated this line could not be flushed. Mr. Smith stated he has contacted the EPA, County Engineers; etc., but they all say the line must be removed. Discussion on statue of limitations; the line has been there for over 20 years.. City Manager indicated. he would allow the city an easement,. if needed,, once the line has been moved, if part of the Iine is on his property. Councilman Evans moved to accept the $24,900.OQ for the installation of the new line and removal of the old line. Seconded by Councilman Higgs. Motion carried unanimously. Be Meeting adjourned.