10/15/2007-CC-Minutes-RegularMINUTES: City Council Meeting
October 15, 2007
PRESENT: Mayor Joe Higgs, Councilman Glenn Ervin, Councilman Andy Garza,
Councilman Robert Patton, Councilman Mike Walker, Councilman Thomas
Muir
OTHERS
PRESENT: City Manager Mike Brice, City Secretary/Asst. City Manager Rose Chavez,
Economic Development Director Cecile Carson, Tami Taber, Shannon Graves,
Matt & Barbara Sonmezler
1. Call Meeting to Order, Invocation, Pledge of Allegiance.
Mayor called meeting to order, and led the invocation, followed by Councilman Garza
leading the Pledge of Allegiance.
2. Citizens Input:
Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any items
that are brought up during this section.
There was not any czen's in
put.
nput.
3. Consent Agenda
a) Approve Minutes: October 1, 2007
b) Disbursements
c) Appoint Representatives to the North Texas Regional Library System (NTRLS)
d) Approve Interlocal Cooperation Agreement for Library Services
Motion was made by Councilman Ervin to approve the Consent Agenda as presented.
Seconded by Councilman Muir.
Councilman Walker expressed a concern on the tremendous amount of vehicle
maintenance bills.
City Secretary advised that some of the bills are more than 30 days old due to the fund
allocations. The expenses are divided among multiple departments, whether it is parts
or for a designated vehicle.
City Manager advised that a Purchase Order for any vendor is for one or two weeks.
This process will eliminate issuance of a purchase order for each time he makes a
purchase.
Motion carried unanimously.
4. Consider any Items Removed from Consent Agenda.
There was none.
5. First Reading of Resolution #10-15-07 -Approving use of Sanger Development
Corporation (411) Funding for Infrastructure Improvements.
Resolution #10-15-07
WHEREAS, the residents of Sanger approved the 4B economic development sales tax and
creation of the Sanger Development Corporation to promote economic development and
improve quality of life in Sanger; and
WHEREAS, the goals of economic development include identifying and recruiting
businesses which contribute to Sanger's economic well-being by broadening and
diversifying the tax base and creating quality employment opportunities, while maintaining
quality of life, and encouraging the local economy through a business re -development
program that focuses on stimulating new investments in the downtown area; and
WHEREAS, preserving downtown received a 88% favorable response during the Master
Plan Citizen Survey in 2007; and
WHEREAS, infrastructure in the downtown area has deteriorated and makes in difficult to
retain and promote the creation of primary jobs in the area; now therefore be it
RESOLVED, that the City of Sanger City Council will authorize the use of funds
recommended by the Sanger Development Corporation for downtown improvements
including road, sidewalk, utility and drainage improvements and landscaping;
6. Second Reading of Resolution #10-15-07 -Approving use of Sanger Development
Corporation (4B) Funding for Infrastructure Improvements.
Mayor read the resolution in its entirety as read in item 5.
7. Consider and Possible Action on Resolution #10-15-07 -Approving use of Sanger
Development Corporation (4B) Funding for Infrastructure Improvements.
Cecile Carson, Economic Development Director, advised that the funds are available
from 4B. They also have an option to consider issuing bonds to pay for those
improvements.
The funds currently available are estimated at $800,000.00 and projected cost is
around $400,000.00 to $500,000.00 for the project.
Motion was made by Councilman Ervin to approve Resolution #10-15-07. Seconded
by Councilman Patton.
Councilman Muir made a correction to the resolution, changing " in to " it" on the 4"'
paragraph lst sentence.
Motion carried unanimously.
8. Conduct First Public Hearing to Consider Proposed Annexation of the Following
Properties:
A. ABSTRACT 1241, H TIERWESTER SURVEY, TRACT 35, BEING 2.2251 ACRES
B. ABSTRACT 1241, H TIERWESTER SURVEY, TRACT 9, BEING 37.760 ACRES
C. ABSTRACT 801 WM. MASON SURVEY, TRACT 29, 30, BEING 15.08 ACRES
D. MARION POINT ACRES, BLOCK A, LOT 5
E. MARION POINT ACRES, BLOCK A. LOT 6
F. MARION POINT ACRES, BLOCK A, LOT 7
Mayor declared Public Hearing Opened.
Matt Sonmezler,12933 Cash Mill Road, Sanger, indicated he is not too concerned with
the annexation; however, he had some questions. Mr. Sonmezler inquired on the first
list that was presented and where was it.
City Manager advised that the original list had some properties, existing houses, or
structures and those people were not inclined to be annexed.
Mrs. Sonmezler inquired on whether the City had a master plan and what does the City
plan to do with this property.
City Manager advised tha# the City presented a master plan earlier and he would be
glad to show them the plan.
Mayor discussed the importance of the City's CCN in regards to water.
Discussion followed concerning Bolivar Water Supply's inability to supply fire
protection on property that is in their CCN.
Mayor declared Public Hearing closed.
9. Conduct Public Hearing on Ordinance #10-41-07 - To Tax Tangible Personal Property
in Transit Which Would Otherwise be Exempt Pursuant to Texas Tax Code, Section
11153.
Mayor declared Public Hearing opened.
City Manager advised Council that there was some legislation passed at the last session
that was passed for one company in EL Paso and it went into effect state wide. The
law states that if a distribution center that is owned by a 3" party and if the goods are
not there more than 270 days they are not taxable. After the legislation passed, there
were some loopholes in this law. If you owned a distribution center, it could be sold to
a 3"' party and qualify for the tax reduction. The state law specifies that the City has
to conduct a public hearing to opt out of this to keep collecting those taxes. This has
to be done every year.
City Manager indicated this could be a big liability for the City of Sanger.
Mayor declared public hearing closed.
10. Consider and Possible Action on Ordinance #10-41-07 - To Tax Tangible Personal
Property in Transit Which Would Otherwise be Exempt Pursuant to Texas Tax Code,
Section 11.253.
Motion was made by Councilman Walker to accept this Ordinance 10-41-07 to tax
tangible personal property in transit. Seconded Councilman Ervin.
Motion carried unanimously.
Caption read as follows:
AN ORDINANCE OF THE CITY OF SANGER TO TAX TANGIBLE PERSONAL
PROPERTY IN TRANSIT WHICH COULD OTHERWISE BE EXEMPT
PURSUANT TO TEXAS TAX CODE, SECTION 11.253
11. Consider and Possible Action on Ordinance #10-42-07 - To Deny ATMOS Energy
General Service Rates Including Rate Adjustment Provisions and Miscellaneous
Service Charges.
Motion was made by Councilman Garza to approve Ordinance #10-42-07. Seconded
by Councilman Ervin. Motion carried unanimously.
Caption as follows:
AN ORDINANCE DENYING THE RATE INCREASE PROPOSED BY THE ATMOS
ENERGY CORPORATION, MID-TEX DIVISION; AUTHORIZING
PARTICIPATION IN A COALITION OF CITIES KNOWN AS ATMOS TEXAS
MUNICIPALITIES (64ATM91), AUTHORIZING THE HIRING OF LAWYERS AND
RATE EXPERTS; REQUIRING THE REIMBURSEMENT OF MUNICIPAL RATE
CASE EXPENSES, FINDING THAT THE MEETING COMPLIED WITH THE
OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE
12. Consider and Possible Action to Award to on Employees Health Insurance.
Councilman Patton made the motion to award the bid proposal for employee's health
insurance as presented by City Manager which is Blue Cross & Blue Shield. Seconded
by Councilman Muir. Motion carried unanimously.
13. Meeting Adjourned.
Mayor declared meeting adjourned.
Jde Higgs,
ATTEST:
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Rose Chaff, �ity �et�r�3