CITY COUNCIL

April 5, 2005

7:00 p.m.

Mayor Chris Brown called the regular meeting of the Sulphur Springs City Council to order at 7:00 p.m.   The following council members and staff were present:

                                                Mayor Chris Brown

                                                Mayor Pro Tem Clay Walker

                                                Councilman Garry Jordan

                                                Councilman Joe Crouch

                                                Councilman Freddie Taylor

                                                Councilman Larry Powers

                                                Councilwoman Lydia Bryant

                                 :              Marc Maxwell, City Manager

                                                Gale Roberts, City Secretary

                                                Jim McLeroy, City Attorney

                                                Peter Karstens, Finance Director

                                                Johnny Vance, Dir. Community Development

Absent:                                   None

PLEDGE AND INVOCATION

Mayor Brown led in the pledge to the flag and the invocation. 

CAPITAL CONSTRUCTION –

CARTER STREET  - We began the Carter Street water/sewer/street project this month.  This is a small project between College and Jefferson.  New water lines and sewer lines have already been installed, and we are currently rebuilding the street with reinforced concrete.  You may recall that we replaced water lines and sewer lines in Carter Street in 2002, and then resurfaced the street with plant mix.  This section between College and Jefferson was not done in 2002.  This project should take care of the remaining water and sewer needs on Carter Street north of the KCS railroad tracks.

PACIFIC PARK SPRAY GROUND  - Materials for the spray ground are on order, and we have installed a water service to the facility.  We have also excavated the native soil and built a new pad for the site out of select fill material.

HOLIDAY DRIVE  - Construction has begun on Holiday Drive.  In 2003 the City received a grant from Texas Department of Agriculture (Texas Capital Fund) for the Lowe’s project.  Among other things, the grant provided $240,800 for the reconstruction of Holiday Drive from S.H. 154 to the new intersection with S.H. 11.  This is a project that we can accomplish in bits and pieces, so we will work on it in between other capital construction projects.  We are reconstructing the road with reinforced concrete.

ACCIDENTS AND CLAIMS  - We had no worker’s compensation claims in March, but we did receive 3 minor liability claims.  One for damages resulting from a sewer stoppage, one for damage to a vehicle which struck a collapsed trench line, and one for a vehicle which struck a piece of pipe that had fallen off of a City truck.

FINANCIAL REPORT  - Finance Director, Peter Karstens will give a summary of year to date revenues and expenditures.

The following items on the Consent Agenda were reviewed: Consider for approval: regular City Council minutes of March 1, 2005; Planning and Zoning Commission minutes of March 21, 2005; and the Zoning Board of Adjustments minutes of March 22, 2005.  Councilman Bryant moved to approve the items from the consent agenda as presented.  Councilman Powers seconded the motion and the vote was unanimous.

DISCUSSION/ACTION ON USE OF AMPLIFIED EQUIPMENT FOR RELAY FOR LIFE

Lonnie Fox, the American Cancer Society 2005 Logistics Chairman for the Relay For Life event, requested permission from the City Council to use amplified equipment after 10:00 p.m. on April 29^th.  Relay For Life will be a twelve-hour event beginning at 7:00 p.m. April 29^th and ending at 7:00 a.m. April 30^th.  There was no one else to speak to the issue.  Councilman Jordan made a motion to approve the request.  Councilman Taylor seconded the motion and the vote was unanimous.  

DISCUSSION/ACTION ON RESOLUTION NO. 883 ABATING SHOW-CAUSE AND ACCEPTING SETTLEMENT WITH TXU ELECTRIC DELIVERY

This resolution would settle the City’s case with TXU Electric Delivery.  August 10, 2004, the City Council passed Resolution No. 873 that challenged TXU Electric Delivery rates.  We required TXU to show cause why its rates should not be reduced.  TXU began negotiating with the Steering Committees of Cities served by TXU and a settlement was reached.  This agreement was somewhat controversial because it provides rate relief directly to the cities as opposed to the rate payers.  There was a great of discussion but the cities agreed this would be acceptable because 90% of all electric customers would not benefit from a direct rate reduction because they are still classified as “price to beat” customers.  Randy Loyd with TXU Electric Delivery addressed the City Council stating that regardless of the provider you will always have TXU Electric Delivery.  Attorney Betsy Todd reiterated the fact that most rate payers are on the “price to beat” and that in 2007 all customers will have to affirmatively choose a provider.  There was no one else to speak to the issue.  Councilman Jordan made a motion to approve Resolution No. 883 as presented.  Councilman Powers seconded the motion and the vote was unanimous.

DISCUSSION/ACTION ON ANNUAL REPORT REGARDING TRAFFIC STOPS AND ARRESTS

The Texas Code of Criminal Procedures requires each law enforcement agency in the State of Texas to enact policies prohibiting their officers from engaging in racial profiling.  In an effort to fully comply with the law each Sulphur Springs police officer has undergone specialized training designed to educate the officers on the issues related to racial profiling.   Police Chief Jim Bayuk presented the annual report regarding traffic stops and arrests for the period covering January 1 through December 31, 2004.  Councilman Jordan told Chief Bayuk that he appreciates all the work the officers do and their efforts to stop drug use/traffic in the City of Sulphur Springs.  Councilman Crouch asked the Chief if anyone else was notified of this report and Chief Bayuk explained that that these findings were reported to the City Council and no other agency.  Councilman Taylor asked Chief Bayuk about the percentages and Chief Bayuk stated these were anticipated results.  City manager Marc Maxwell added that the percentages are in line the population breakdown.  There was no one else to speak to the issue.  Councilman Jordan made a motion to accept the annual report as presented.  Councilwoman Bryant seconded and the vote was unanimous.

DISCUSSION/ACTION ON ABATEMENT PROCEEDINGS FOR CONDEMNED STRUCTURE LOCATED AT 221 MAIN STREET

January 2003 a notice of substandard structure was sent to the tax roll listed owner by regular and certified mail.  Mr. Smith submitted a plan of action but did not obtain a permit.  The spring of 2003 Mr. Smith stated he was working with two different asbestos companies.  July 2003 ERI Consultants sent a report stating there was no asbestos in the structure.  January 2005 Mr. Smith was notified the property would be going before the City Council at the April 5, 2005 meeting.  March 14, 2005 Dan Hamiter informed staff that he had acquired the property and was issued a demolition permit.  Mr. Hamiter addressed the City Council requesting more time to abate the structure.  Mr. Hamiter’s desire is to comply with the P & Z plan for downtown.  Johnny Vance, Director of Community Development, presented the staff report.  There was no one else to speak to the issue.  Councilwoman Bryant made a motion to table this item.  Councilman Powers seconded and the vote was unanimous. 

DISCUSSION/ACTION ON RESOLUTION NO. 886 MAKING APPLICATION FOR A HOME GRANT

Resolution No. 886 makes application for a HOME Grant.  If the grant is received it will be used to reconstruct nine (9) very low-income substandard houses for persons with disabilities.  City Manager Marc Maxwell commented that our chances of getting this grant are slim, about 10%.  Councilwoman Bryant made a motion to approve Resolution No. 886 as presented.  Councilman Taylor seconded and the vote was unanimous.

 VISITORS/PUBLIC FORUM

Mayor Chris Brown distributed a sheet given to him by Billie Ruth Stanbridge regarding the proposed use for the old Post Office/Library.   

Mayor Chris Brown also stated that he had received a call from a man regarding “jake brakes”.  City Manager Marc Maxwell gave a brief history on “jake brakes”.  He stated that he had run an ad in the newspaper, on the radio and television for anyone interested in “jake brakes” or for any comments and did not get a single reply.  The term “jake brakes” refers to the noise made by large trucks when they use the compression of the engine to slow their vehicles instead of the brakes.

ADJOURN

With all business complete the meeting adjourned at 8:00 p.m.