08/20/2007-CC-Minutes-RegularMINUTES: CITY COUNCIL
August 20, 2007
PRESENT: Mayor Higgs, Councilman Muir, Councilman Walker, Councilman Patton,
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Councilman Ervin, Councilman Garza
OTHERS
PRESENT: City Manager Mike Brice, City Secretary/Assistant City Manager Rose Chavez,
Administrative Secretary Tani Taber, City Engineer Rob Woods, Economic
Development Director Cecile Carson, Liz Springer, John Springer, Bobby Swan
1. Call Meeting to Order, Invocation, Pledge of Allegiance.
Mayor called meeting to order, led the Invocation followed by Councilman Muir
leading the Pledge of Allegiance.
CONSENT AGENDA
2. a) Approve Minutes: August 6, 2007 -City Council
b) Disbursements
c) Approve Lease on 803 N. 5`" for Temporary Public Works Facility
d) Approve Parks Board Appointment
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e) Approve Resolution #0842-07 "Preserve America Community Designation.
f) Approve Soliciting a Request for Qualifications on Architecture and
Engineering for the Construction of a new Public Works Facility.
Councilman Ervin moved to approve consent agenda as presented. Seconded by
Councilman Patton. Motion carried unanimously.
3. Citizen's Input:
Citizens are allowed 3 â–ºninutes to speak. The City Council is unable to respond to or to discuss any issues
that are brought up during this section.
4. Consider and Possible Action on Ordinance #08-34-07 - BuybackProvision with TMRS
City Manager explained that the TIVIRS buyback provision allows employees to buy
back their time if they have been employed by another municipality in Texas. The cost
would be approximately $1,000 month over what we are paying now into the
retirement system, assuming that all those employees bought their time back. There
are about ten employees eligible for the buy back.
Councilman Garza inquired as to why it should cost the City instead of the employee.
City Manager explained that the employee does have to pay the money back with
interest and penalties during that time.
Councilman Patton advised that this is usual and customary for most municipalities.
City Manager agreed that a lot of municipalities have this in place.
Councilman Muir made a motion to approve Ordinance #08-34-07 Councilman Ervin
seconded. Motion carried unanimously.
Caption as follows:
AN ORDINANCE ALLOWING CERTAIN EMPLOYEES OF THE CITY WHO
HAVE TERMINATED PREVIOUS MEMBERSHIPS IN THE TEXAS MUNICIPAL
RETIREMENT SYSTEM, TO DEPOSIT THE SUMS SO WITHDRAWN, PLUS
ANNUAL WITHDRAWAL CHARGES, AND ALLOWING AND UNDERTAKING
THE COST OF ALLOWING ANY SUCH EMPLOYEE CREDIT IN SUCH SYSTEM
FOR ALL SERVICE TO WHICH SUCH EMPLOYEE HAD BEEN ENTITLED AT
DATE OF SUCH WITHDRAWAL, WITH LIKE EFFECT AS IF ALL SUCH
SERVICE HAD BEEN PERFORMED AS AN EMPLOYEE OF THIS CITY.
5. Consider and Possible Action to Award Bid for Audit Services for Fiscal Year End
2007.
City Manager advised that we had received two bids for audit services. One from
Hankins, Eastup, Deaton, Tonn and Seay for $12,720, and one from John Baines for
$27,000. City Manager reviewed both of these firms proposals with the City Secretary.
Councilman Muir stated that based on his knowledge in this area, that Hankins,
Eastup, Deaton, Tonn and Seay are set up for municipalities and independent school
districts.
Councilman Walker asked what firm was doing the previous audits.
City Secretary advised Bill Spore and that he did not submit a bid this time.
Councilman Patton advised that he has been the auditor for the last eleven to twelve
years and that it is good business practice to change auditors every three to four years.
Brief discussion.
Councilman Muir made motion to award the bid to Hankins, Eastup, Deaton, Tonn
and Seay for the amount of $12,720. Councilman Patton seconded. Motion carried
unanimously.
6. Consider and Possible Action on Indian Springs Drainage.
City Manager indicated that this was discussed in the work session prior to the Council
meeting, and staff recommendation to council was that we don't do any drainage
work in Indian Springs at this time.
Bobby Swan , 207 Osage, addressed the Council that this has been an ongoing problem
and does not believe that the homeowners want the City to have to pay $250,000 to
$300,000. The neighborhood has been promised a new street and drainage work which
has been brought up in past Council meetings. He stated that when he bought his
house on Osage, he had knowledge of the drainage issues and that it flooded in that
area. He indicated he didn't have knowledge of the easements which were not
recorded. The ditch is next to his property, not on his property. Currently there is an
18" culvert and up the street there is a 12" culvert and what is being recommended is
two 36" culverts underneath those driveways. Mr. Swan expressed to the Council that
they do not spend that kind of money but to take some measure to protect them as
homeowners.
City Manager stated that he understood Mr. Swan's situation; however, we have an
engineer that prepared the analysis and if we ask the to do this, then that would create
a liability for the City.
Discussion.
Councilman Ervin moved to go with staff s recommendation to deny. Seconded by
Councilman Patton.
Garza - no
Walker - no
Motion carried 3-2.
7. Conduct Public Hearing to Consider a Specific Use Permit for a Communications
Tower on Property Legally Described as OT Sanger, Block 22. Property is Located on
5`h Street. (Sanger Government Center)
Public Hearing opened.
City Manager explained that this is the County's tower at the Constable's office and
it is currently a 78' tower and they want to replace this with a 100' tower.
No one spoke for or against.
Public Hearing closed.
8. Consider and Possible Action on Ordinance #08-35-07 - Regarding a Specific Use
Permit for a Communications Tower on Property Legally Described as OT Sanger,
Block 22. Property is Located on 5' Street. (Sanger Government Center)
Councilman Ervin moved to approve Ordinance #08-35-07. Seconded by Councilman
Garza. Motion carried unanimously.
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AN ORDINANCE OF THE CITY OF SANGER, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF
SANGER, AS HERETOFORE AMENDED, BY GRANTING A SPECIFIC USE
PERMIT FOR A COMMUNICATIONS TOWER ON PROPERTY LEGALLY
DESCRIBED AS OT SANGER, BLOCK 22, LOTS 1 & 4; PROVIDING SPECIAL
CONDITIONS; PROVIDING FOR A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
9. Conduct Public Hearing to Consider a Zoning Request Change from B-1 (Business-1)
to B-2 (Business-2) on Properties Legally Described as Follows.
A) Original Town Sanger, Block 77, Lot 1(N53.3') - 807 4`" Street
B) Original Town Sanger, Block 77, Lot 2,3 (N44') - 800-808 N. 5t' Street
C) Original Town Sanger, Block 78, Lot 3, (W50' of S81') - 511 Plum
D) Original Town Sanger, Block 78, Lot 1,2 (all) 3,4 (North part) 805 N. 5"
E) Towne North (Sanger ISD) Lot 1- 807 N. 51"
F) Towne North (Sanger ISD) Lot 2A - 809 N. 5'"
G) Towne North (Sanger ISD) Lot 211 - 801 N. 6'
H) Towne North (Sanger ISD) Lot 3 - 808 N. 6"
Public Hearing opened.
No one spoke for or against.
Public Hearing closed.
10. Consider and Possible Action Regarding a Zoning Request Change from B-1(Business-
1) to B-2 (Business-2) on Properties Legally Described as Follows:
Al
Original Town Sanger, Block 77, at 1(N53.3') - 807 4'" Street
B) Original Town Sanger, Block 77, Lot 2,3 (N44') - 800-808 N. 5'" Street
C) Original Town Sanger, Block 78, Lot 3, (W50' of S81') - 511 Plum
D) Original Town Sanger, Block 78, Lot 1,2 (all) 3,4 (North part) 805 N. 5'"
E) Towne North (Sanger ISD) Lot 1- 807 N. 5t"
F) Towne North (Sanger ISD) Lot 2A - 809 N. 5'"
G) Towne North (Sanger ISD) Lot 211 - 801 N. 6'"
H) Towne North (Sanger ISD) Lot 3 - 808 N. 61"
Councilman Patton made a motion to approve. Seconded by Councilman Ervin.
Motion carried unanimously.
11. Possible List of Future Agenda Items.
None
12. Meeting adjourned.
ATTEST:
V
Rose Chavez, City S
Foe Higgs, r