CITY OF SULPHUR SPRINGS, TEXAS

REGULAR MEETING OF THE

CITY COUNCIL

 

DECEMBER 6, 2005

7:00 p.m.

 

 

 Mayor Clay Walker called the regular meeting of the Sulphur Springs City Council to order at 6:31 p.m.  Mayor Pro Tem Freddie Taylor moved to adjourn to executive session in accordance with Texas Government Code 551.072, deliberations on real property.  Councilman Larry Powers seconded the motion.  There was no one present to speak to the issue.  The vote was unanimous.  The following council members and staff were present:

 

                                                Mayor Clay Walker

                                                Mayor Pro Tem Freddie Taylor

                                                Councilman Joe Crouch

                                                Councilman Larry Powers

                                                Councilman Chris Brown

                                                Councilwoman Yolanda Williams

 

                                                Staff:                                       Marc Maxwell, City Manager

                                                Gale Roberts, City Secretary

                                    Jim McLeroy - City Attorney

                                                Johnny Vance, Dir. Community Development

                                    Peter Karstens, Finance Director – 7:00 p.m.

                                    Craig Vaughn, Director of Utilities

                                                Gordon Frazier – Assistant to the City Manager

 

OPEN SESSION

Mayor Walker reconvened the meeting in open session at 7:10 p.m.

 

PLEDGE AND INVOCATION

Mayor Walker led in the pledge to the flag and Mayor Pro Tem Taylor led the invocation. 

 

MANAGER’S REPORT

COOPER LAKE - As you know, we announced a major bass fishing tournament to be held next spring at Cooper Lake.  The success of the tournament presupposes that there will be enough water in Cooper Lake to launch a boat.

The National Weather Service has forecast a warmer but wetter than usual winter for Northeast Texas.  I continue to pray for divine providence and I maintain a positive outlook for the prospects of rain.  At the same time I must acknowledge that Cooper Lake is more than 10 feet low.  If we do not receive significant rainfall by February we will need to start preparing to implement our Drought Contingency Plan.

Graph of DAILY Elevation above NGVD 1929, feet

ANNEXATION  - The Planning and Zoning Commission began the process of evaluating potential areas for annexation last month.  At their November 28th meeting, the Commission discussed the possibility of annexing the area between South Broadway and Arbala road in advance of the construction of the Highway 11 by-pass.  It was suggested by some of the members of the commission that the City should consider extending the annexation out to Highway 19.  That thought was echoed by the only local resident to address the commission on the subject.

The EDC discussed the impact of annexation on five industrial tracts at its November 28th meeting.  They have requested that the City not annex the Pioneer Business Park and the Heritage Business Park.  The EDC did not object to annexation of the remaining 3 tracts.

WHITWORTH REALIGNMENT - Work continues on the Whitworth Street project.  We are realigning Whitworth Street so that it will no longer cross the main KCS line.  Rather it will cross a spur which is used infrequently by trains.  Whitworth is now closed to through traffic.

This is not a part of our capital improvements plan.  The project is a result of a prior agreement between the City, the Texas Department of Transportation (TXDOT) and Kansas City Southern (KCS).  Under the agreement, the City would close Magnolia Street and realign Whitworth Street.  TXDOT and KCS would reimburse the City for the cost of the Magnolia Street, and Whitworth Street projects, and they would install crossing arms at the remaining crossings in town.

The estimated cost of the Whitworth Street project is $235,046.  The Magnolia Street project was completed last summer.

The completion of these projects along with the new crossing arms should significantly reduce the number of train crossing casualties over time.

STATE  STREET  -  Work has begun on this street replacement and utilities project.  The City is replacing 450 feet of Tate between League and Craig with reinforced concrete.  We are also installing an underground drainage system and performing some minor utility work.  The drainage work is completed, and the Capital Construction Division is presently working on the road base.  This project has a budget of $101,300.

AIRPORT TAXIWAYS AND SEWER  - The Capital Construction Division is also constructing 375 feet of new taxiway and 550 feet of new sewer improvements at the Municipal Airport.  The total cost of this project is budgeted at $36,500.  A TXDOT grant will pay for 50% of the project.

MARK STREET  - Next up will be a complete reconstruction (reinforced concrete) of Mark Street.  This project has a budget of $203,900 which includes water and sewer improvements and some drainage improvements.

ACCIDENTS AND CLAIMS  - As you know, we had a serious accident this month when a trench collapsed on an employee, Vaya Buckland.  Fortunately Mr. Buckland was not seriously injured or killed.  In fact, he returned to work only 10 work days later.  I am so thankful that this was not the tragedy it could have been.  It’s good to see V.J. back at work.

In response, staff is performing a full review of our safety procedures.  To date, my staff has proposed a written trench safety plan as well as a confined space entry plan.  We will also be stepping up safety training to ensure that this does not happen again.

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

MISCELLANEOUS – Elsewhere around the City, employees:

  • Served 2,685 meals to senior citizens, and 1,431 seniors attended other functions at the Senior Citizen Building.
  • Performed preventative maintenance on wastewater lift stations on Highway 11 and behind the hospital.
  • Repaired 43 water breaks.
  • Replaced 21 water meters.
  • Performed preventative maintenance on wastewater clarifiers, chlorinators and sludge tank.
  • Treated wastewater to a daily average T.S.S. count of 1.93mg/L. (1/5th of the maximum limitation.
  • Repaired 30-inch raw water transmission line from Cooper Lake.
  • Flushed 46 dead-end water mains.
  • Drained, cleaned and inspected all 5 water treatment clarifiers.
  • Received emergency generator for Water Treatment Plant.
  • Responded to 100 fire/rescue calls, including 5 structure fires.
  • Conducted 37 fire inspections.
  • Received new bunker gear (funded by a grant)
  • Treated 144 million gallons of drinking water.
  • Responded to 51 accidents, made 98 arrests, wrote 449 citations and recorded 91 offenses.
  • Sent police officers to emergency driving school and survival skills training.
  • Assisted Rains County Sheriff on a hostage situation. (SWAT)
  • Seized 260 pounds of marijuana, 4.4 pounds of cocaine and 1 vehicle resulting in 2 felony arrests.
  • Responded to 286 animal control calls.
  • Received 59 dogs and cats at the animal shelter, released 2 to their owners and found homes for 13 resulting in a 22% adoption rate.
  • Unstopped 68 sewer mains, made 36 sewer repairs and 1 new sewer tap.
  • Repaired 71 fire hydrants.
  • Made 17 street repairs and swept 15 streets.
  • Conducted 27 health inspections and 51 public nuisance inspections.
  • Conducted 39 building inspections, 43 electrical inspections, 51 plumbing inspections, 28 mechanical inspections, and issued 25 building permits.
  • Made 6 curb & gutter/driveway/sidewalk concrete repairs.
  • Removed dead trees at Coleman Park.
  • Winterized bathrooms at parks.
  • Processed 520 citations including 1 trial by jury.

 

CONSENT AGENDA

The following items on the Consent Agenda were reviewed: Consider for approval: regular City Council minutes of November 1, 2005; Special City Council minutes of November 8, 2005; Planning and Zoning Commission minutes of November 21, 2005; and the Economic Development Corporation minutes of November 28, 2005.  Councilman Powers moved to approve the consent agenda as presented.  Councilman Brown seconded the motion and the vote was unanimous.

 

DISCUSSION/ACTION ON PUBLIC HEARING FOR FIRST READING OF ORDINANCE NO. 2429 PROPOSING TO ANNEX 3.432 ACRES OF LAND CONTAINING SEVEN LOTS THAT ADJOIN THE STONEBRIAR PHASE II ADDITION

A public hearing was held for the first reading of Ordinance No. 2429 which annexes 3.432 acres of land containing seven lots that adjoin the Stonebriar Addition Phase II.  This property has been divided into seven lots and these lots are a part of the approved plat.  The property is contiguous and within the extra territorial jurisdiction of the City of Sulphur Springs, Texas.  This ordinance extends the boundaries of said city so as to include the described property within the city limits, and granting to said territory and all future inhabitants of said property all of the rights and privileges of other citizens and binding future inhabitants by all of the acts and ordinances of the said city, as requested by petition of the property owner.  There was no one present to speak to the annexation.  Councilman Powers moved to approve the ordinance on first reading as presented.  Mayor Pro Tem Freddie Taylor seconded the motion and the vote was unanimous.

 

DISCUSSION/ACTION ON PUBLIC HEARING FOR THE FIRST READING OF ORDINANCE NO. 2431 REZONING PROPERTY LOCATED AT 203 RADIO ROAD

Jay McClendon has requested to rezone property located at 203 Radio Road, being further described as Lot 12 of Block 204-1 from Multiple Family (MF) to Light Commercial (LC).  Community Development Director Johnny Vance presented the staff report.  There was no one else to speak to the issue. Councilman Powers moved to approve the ordinance on the first reading as presented.  Councilman Brown seconded the motion and the vote as follows:

 

Ayes:              Crouch, Taylor, Powers, Brown, and Williams

Nays:              None.

Abstain:          Walker

The motion carried.

 

DISCUSSION/ACTION ON PUBLIC HEARING FOR THE FIRST READING OF ORDINANCE NO. 2430 UPDATING SERVICE CREDITS FOR CITY EMPLOYEES AND RETIREES

This ordinance removes the statutory maximum contribution rate limit which is imposed on the state limit so we can continue to fully fund the retirement benefit.  There was no one to speak to the issue.  Councilman Powers moved to approve the ordinance on the first reading as presented.  Councilman Brown seconded the motion and the vote was unanimous.          

 

DISCUSSION/ACTION ON FINAL REPLAT OF ANNIE’S PLACE ADDITION

Anne Gregg has requested to replat property located on the west side of Craig Street and north of Booker Street, being further described as Lots 15C and 15D of Block 23-2.  The owner is replatting two large, deep lots into two new separate properties so that the existing structure located at 405 Craig may be sold with a small yard and the remainder of the lot ill be combined with 410 Craig which is reserved and not approved for development.  Community Development Director Johnny Vance presented the staff report.  There was no one else to speak to the issue.  Councilman Crouch moved to approve the final replat.  Mayor Pro Tem Taylor seconded the motion and the vote was unanimous.

 

DISCUSSION/ACTION ON ABATEMENT PROCEEDINGS FOR CONDEMNED STRUCTURE LOCATED AT 707 JEFFERSON STREET

Community Development Director Johnny Vance presented the staff report and also stated that this is the structure James McBrayer brought to the attention of the City Council at the November 1, 2005 meeting.  There was no one else to speak to the issue.  Councilman Crouch moved to declare the property a public nuisance and order abatement by demolition within 30 days.  Mayor Pro Tem Taylor seconded the motion and the vote was as follows: 

 

Ayes:              Walker, Crouch, Taylor, Brown, and Williams

Nays:              None

Abstain:          Powers

The motion carried.

 

DISCUSSION/ACTION ON ABATEMENT PROCEEDINGS FOR CONDEMNED STRUCTURE LOCATED AT 904 PUTMAN STREET

Community Development Director Johnny Vance presented the staff report.  There was no one to speak to the issue.  Councilman Brown moved to declare the property a public nuisance and order abatement by demolition within 30 days.  Mayor Pro Tem Taylor seconded and the vote was as follows:

Ayes:              Walker, Crouch, Taylor, Brown, and Williams

Nays:              None

Abstain:          Powers

The motion carried.

 

DISCUSSION/ACTION ON ABATEMENT PROCEEDINGS FOR CONDEMNED STRUCTURE LOCATED AT 1018 NORTH DAVIS STREET

Community Development Director Johnny Vance presented the staff report.  There was no one to speak to the issue.  Mayor Pro Tem Taylor moved to declare the property a public nuisance and order abatement by demolition within 30 days.  Councilwoman Williams seconded and the vote was as follows:

Ayes:              Walker, Crouch, Taylor, Brown, and Williams

Nays:              None

Abstain:          Powers

The motion carried.

 

DISCUSSION/ACTION ON ABATEMENT PROCEEDINGS FOR CONDEMNED STRUCTURE LOCATED AT 426 EAST ROSS STREET

Director of Community Development Johnny Vance presented the staff report.  Councilman Crouch moved to declare the property a public nuisance and order abatement by demolition within 30 days.  Mayor Pro Tem Taylor seconded the motion.  Carl Williams asked the City Council to consider giving him more time to abate or demolish the structure because he planned to sign the property over to his two sons.  This property has been in the system since August 2002. Councilman Crouch explained there is not enough resources to police this area regularly and this is not the kind of structure one would want in their neighborhood.  There was no one to speak to the issue.  Mayor Pro Tem Taylor moved to declare the property a public nuisance and order abatement by demolition within 90 days.  Councilman Brown seconded and the vote was as follows:

 

Ayes:              Walker, Crouch, Taylor, Brown, and Williams

Nays:              None

Abstain:          Powers

The motion carried.

 

DISCUSSION/ACTION ON ABATEMENT PROCEEDINGS FOR CONDEMNED STRUCTURE LOCATED AT 124 RANDOLPH STREET

Director of Community Development Johnny Vance presented the staff report stating the owner wishes to demolish the structure.  There was no one to speak to the issue.  Councilman Brown moved to declare the property a public nuisance and order abatement by demolition within 60 days.  Councilwoman Williams seconded and the vote was as follows:

 

Ayes:              Walker, Crouch, Taylor, Brown, and Williams

Nays:              None

Abstain:          Powers

The motion carried.

 

DISCUSSION/ACTION ON ASSET FORFEITURE BUDGET FOR THE POLICE DEPARTMENT

Asset forfeiture money is acquired from and liquidation of forfeited property from narcotic related activities.  Police Chief Jim Bayuk presented the staff report.  There was no one else to speak to the issue.  Mayor Pro Tem Taylor moved to approve the asset forfeiture budget as presented.  Councilman Powers seconded and the vote was unanimous.

 

DISCUSSION/ACTION ON RESOLUTION NO. 905 AMENDING THE PERSONNEL POLICY TO INCLUDE MARTIN LUTHER KING’S BIRTHDAY AS A HOLIDAY

Mayor Clay Walker stated that economics should factor in the decision making process for this resolution.  Lavelle Hendricks of East Caney Baptist Church spoke in favor of the resolution.  County Judge Cletis Millsap said the county observes Marthin Luther King’s birthday.  There was a general discussion regarding this issue.  There was no one to speak to the issue.  Councilman Crouch moved to approve the resolution as presented.  Councilman Powers seconded and the vote was as follows:

Ayes:              Crouch, Taylor, Powers, Brown, and Williams

Nays:             Walker

Abstain:          None

The motion carried.

 

DISCUSSION/ACTION ON BIDS AND AWARD OF CONTRACT FOR TURNTABLE FOR #2 SLUDGE HOLDING BASIN AT THE WASTE WATER PLANT

The City of Sulphur Springs opened bids for (1) Cage Drive Unit commonly referred to as a turntable for the #2 sludge holding basin.  This drive is to replace the existing unit which has become irreparable and currently has the basin out of service.  Utilities Director Craig Vaughn presented the staff report.  There was no one else to speak to the issue.  Councilman Powers moved to accept the low bid and award the contract to WesTech with a bid amount of $38,302.00.  Mayor Pro Tem Taylor seconded the motion and the vote was unanimous.

 

DISCUSSION/ACTION ON BIDS AND AWARD OF CONTRACT FOR CONCRETE FOR WHITWORTH RAILROAD CROSSING PROJECT

The City of Sulphur Springs opened bids for concrete for the Whitworth Railroad Crossing project.  Director of Community Development Johnny Vance presented the staff report.  There was no one else to speak to the issue.  Councilman Powers moved to accept the low bid and award the contract to Bell Concrete.  Councilman Brown seconded the motion and the vote was unanimous.

 

DISCUSSION/ACTION ON OLD LIBRARY BUILDING NEGOTIATIONS WITH HOPKINS COUNTY

County Judge Cletis Millsap addressed the City Council stating that the county had an interest in the old library building.  The county plans to meet with an architectural firm to discuss the feasibility of repairing and restoring the old library.  There was a general discussion regarding this issue.  There was no one else to speak to the issue.  No action was taken regarding this item

 

DISCUSSION/ACTION ON EXECUTIVE SESSION REGARDING DELIBERATIONS ON REAL PROPERTY

No action was taken.

 

VISITORS/PUBLIC FORUM

Pastor Lavelle Hendricks stated he was appreciative that the city would be observing Martin Luther King Jr. day as a holiday.  There will be an annual celebration at which Chancellor Robert McTeer of the A&M system will be the guest speaker.  Channels 4, 5, 7, 11, and 12 have consented they will be present and C-SPAN has also been contacted.  The City of Sulphur Springs will be recognized at this event as well as Lieutenant Rex Morgan as MLK Man of the Year.  Mr. Hendricks questioned the Mayor’s opposing vote for the Martin Luther King Jr. holiday. 

Mr. Hendricks also requested that the City Council explore the idea of utilizing the old library as a Northeast Texas Cultural Center.

 

ADJOURN

With all business complete the meeting adjourned at 8:16 p.m.

     

Hopkins County on the Web Sulphur Springs Tourism and Visitor's Bureau Hopkins County Chamber of Commerce Genealogical Society
Hopkins County Civic Center Independent School District Sulphur Springs Public Library Northeast Texas Regional Arts
Sulphur Springs Airport Northeast Texas Choral Society Lodging