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09/05/2006-CC-Minutes-RegularMINUTES: CITY COUNCIL SEPTEMBER 5, 2006 PRESENT: Mayor Joe Higgs, Councilman Glenn Ervin, Councilman Robert Patton, Councilman Andy Garza, Councilman Mike James OTHERS PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manger Rose Chavez, Economic Development Director Cecile Carson, Library Director Vicky Elieson, Electric Superintendent Mike Prater, Water/Waste Water Superintendent Eddie Branham, City Engineer Lee Allison, Candace Murphree, C.G. McNeill, Jerry Jenkins, Bill Fuller, Russell Martin, Lindall Mitchell, Earlene Price, Kem Green, Beth Mitchell, Liz Springer, Kim Cox, Brian Hutcheson, Brad Sims, Linda Thaten, Diana Garcia, Rod Zielke, Barbara Martin, Jarrod Link, Eddie Lane 1. Mayor Joe Higgs called meeting to order, led invocation followed by Councilman Patton leading Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes: August 21, 2006 Motion made by Councilman Patton to approve minutes with one correction noted Item 11, paragraph 5, correction to read Motion carried 4-0. Seconded by Councilman Garza. Motion carried unanimously. a) Approve Minutes: August 29, 2006 -Budget Workshop Motion made by Councilman James to approve minutes as presented. Seconded by Councilman Patton. Motion carried 4-1. Councilman Walker abstained. He advised he was not present at that meeting. a) Approve Minutes: August 30, 2006 - Special Called Meeting Motion made by Councilman Patton to approve minutes as presented. Seconded by Councilman Walker. Motion carried unanimously. b) Disbursements Motion was made by Councilman James to approve disbursements. Seconded by Councilman Ervin. Motion carried unanimously. 3. Citizen's Input: Citizens are allowed 3 minutes to speak. The City Council is unable to respond to or to discuss any issues that are brought up during this section. Lindall Mitchell, 7083 Falcon, addressed City Council concerning issues that he addressed at the last meeting and the effect on the school system. Since then he has visited with school superintendent, Mr. Biggerstaff, who gave him the true cost of the school system. It takes a little over $7,400 as operating costs per student. Some funds come from taxes and some from state and federal funding. Based on five years ago, where 50% was coming from outside sources, now it is 30%. The tax payers make up the difference. Mr. Mitchell emphasized to City Council that whatever decision the Council made in the future to take into consideration the effect it has on the school system. This is what he wanted conveyed at the last City Council meeting. Mr. Mitchell continued to discuss the importance of the education of the children and invited everyone to please attend the Sanger Sellabration. Diana Garcia, 611 Bolivar, addressed the City Council and indicated she does support the skate park in Sanger. She also requested that all ordinances be available online, and consideration by Council to allow competition on utilities and phone service. Ms. Garcia emphasized that the use of City property, included but not limited to vehicles, office equipment, and heavy equipment, not be used for personal use. She expressed that the City should amend ordinances, fines, and fees to be enforced formally without prejudices. 4. Consider and Possible Action on Library TexShare Policy. Library Director, Vicky Elieson, addressed this item and advised that this is a state program and this service is to allow responsible Sanger Library patrons to borrow materials from libraries they wouldn't ordinarily be able to use. In return, the Sanger Library then lends materials to responsible patrons that have a TexShare card. Mrs. Elieson discussed the use of the TexShare card. The state policy of the TexShare pA ogram makes the issuing library responsible for the Sanger library materials that are checked out by TexShare cardholders. She indicated this is almost a reciprocal borrowing agreement; however, this is a state-wide program. Discussion concerning restrictions on materials that are checked out at the library. The risks which are involved are minimal, patrons have to establish a credit record before the card is issued. Motion made by Councilman James to approve the Library TexShare Policy. Seconded by Councilman Ervin. Motion carried unanimously. 5. Discuss Tax Rate; Take Record Vote and Schedule Public Hearing. Discussion on last year's tax rate of 0.57083 and this year's proposed rate of 0.59046. Councilmen Walker, James and Patton voted for the tax increase and Councilmen Ervin and Garza voted against. Public hearing scheduled for September 18, 2006. 6. Consider and Possible Action on Change Order No. 1 & 2 Utility Relocations for TXDOT bridges. City Manager addressed this item and advised there were two bridges; one on FM 4S5 and the other one on Willow Street. The City is responsible for the relocation of the utilities. On FM 455, Change Order No. 1, the City is replacing a 2 inch line with a 12 inch water line. City Engineer Lee Allison discussed that the difference in cost from an 8 inch to 12 inch line is not that significant. The original contract was the Marion Road water line that goes in front of the high school and up Marion Road and that line is 12 inches. The change order is a new 12 inch water line at a different location. The change orders are for the water line. The sewer lines do not need adjustment. This is a force main on McReynolds Road that has to be adjusted. The City is in discussion with Atmos Energy in relocating that meter station. Councilman Walker made a motion to approve Change Order No. 1 and 2 involving utility relocation for TXDOT bridges. Seconded by Councilman Patton. Councilman James expressed concern on how this project would be funded. Staff replied that the funds will be taken from the water capital reserve. Motion carried unanimously. 7. Consider and Possible Action to Award Sidewalk Sid for I-35 & 5"' Street. City Manager addressed this item and advised that this sidewalk will run from Freese Drive to the I-35 bridge West from I-35 to Keaton and then it will turn South and go to Clear Creek Elementary. City Manager advised that after the sidewalks are put in, TXDOT has assured the City that it will hang a $250,000 crosswalk over for the children North of the bridge. Councilman Garza asked if this would be done before the widening of I-35. City Manager indicated that he has visited with local people and district people and they have assured us that this will be done. Discussion. Councilman Ervin asked if the owners of the car wash have been contacted and will they pay for their portion of the sidewalk and is it included in the bid. City Engineer Lee Allison advised the total cost of the sidewalk did include the cost of the car wash. The City Manager advised that they will get cost per running foot and have the owner pay for it. Discussion. Motion made by Councilman James to award sidewalk bid to Reliable Paving in the amount of $60,527.50. Seconded by Councilman Ervin. Motion carried unanimously. S. Consider and Possible Action on Professional Services Agreement with R&B Associates and an Agreement with Abernathy, Roeder, Boyd and Joplin. City Manager advised that Abernathy, Roeder, Boyd and Joplin is the law firm that will represent the City in legal matters regarding Tomlin Investments. R&B is the engineering firm that has dealt with many development districts for various cities. City Manager indicated these two agreements for professional services will be funded by Tomlin Investments. Councilman James expressed a concern that both agreements reference the City of Sanger as paying for all charges. His concern is that these are legally binding documents and if the City does not have a legal document with the Tomlin Group to cover the charges, he feels the City will be responsible. City Manager advised that R&B will not proceed to do anything with the City until Abernathy creates the service agreement with Tomlin Investments and the Council reviews it. Discussion. Motion made by Councilman Ervin to approve the professional service agreements with R&B Associates and Abernathy, Roeder, Boyd and Joplin (law firm). Seconded by Councilman Patton. Motion carried unanimously. Councilman Garza and Councilman James both indicated they will both vote on this with an open mind. Discussion from audience concerni Ding time frame. 9. Meeting adjourned. ATTEST: oe Higgs, May Rosalie Chavez