CITY OF SULPHUR SPRINGS, TEXAS

REGULAR MEETING OF THE

CITY COUNCIL

 

FEBRUARY 7, 2006

7:00 p.m.

Mayor Clay Walker called the regular meeting of the Sulphur Springs City Council to order at 6:33 p.m.  Councilman Powers moved to adjourn to executive session in accordance with Texas Government Code 551.072, deliberations on real property.  Mayor Pro Tem Taylor 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

                                                Councilwoman Yolanda Williams

 

Absent:                                   Councilman Garry Jordan

                                                Councilman Chris Brown

 

Staff:                                       Marc Maxwell, City Manager

                                                Gale Roberts, City Secretary

                                                James Litzler – Acting City Attorney

                                                Johnny Vance, Dir. Community Development – 7:00 p.m.

                                                Peter Karstens, Finance Director

                                                Jim Bayuk, Chief of Police – 7:00 p.m.

                                                Robert Lee – Assistant Director of Utilities – 7:00 p.m.

                                                Gordon Frazier – Director Human Resources – 7:00 p.m.

                                                Joey Baker – Airport Manager

OPEN SESSION

Mayor Walker reconvened the meeting in open session at 7:02 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

Graph of DAILY Elevation above NGVD 1929, feetCOOPER LAKE – Cooper Lake is now at

427.47 feet above sea level, which is 12.53

feet low.  Last week, the North Texas

Municipal Water District opened the lower

gates on the intake tower in Cooper Lake.

 

In January, Utilities Department employees

made some modifications to our raw water

supply line from Lake Sulphur Springs that

would enable us to divert Cooper Lake water

into Lake Sulphur Springs.  Since we have some excess pumping capacity at Cooper Lake, we thought we could run the pumps at full power and divert the excess portion to Lake Sulphur Springs.  If we could use the excess to fill Lake Sulphur Springs, we would be in a much better position if the drought continues for an extended period.

 Upon further analysis, it does not appear that the benefit would justify the electrical cost    Lake Sulphur Springs evaporates an average of 7.2 million gallons per day (MGD).  Our excess pumping capacity in the winter months is 6 MGD, less in the summer.  The bottom line is that it would cost the City $120,000/yr and we wouldn’t even keep up with evaporation.

Both pumps running at full power will pump approximately 10.5 MGD.  We have water rights to pump approximately 13.5 MGD.  If we had larger pumps the additional capacity would allow us to actually fill the lake, although it would take years.

We may wish to begin voluntary conservation measures this spring.  I may recommend that the municipal pool remain closed.  The pool uses 18 million gallons each summer.

WHITWORTH REALIGNMENT – The Whitworth Street project is completed.  We have realigned Whitworth Street so that it will no longer cross the main KCS line.  Rather it crosses a spur which is used infrequently by trains. 

 

This was not a part of our capital improvements plan.  The project is the 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 was $235,046. 

 

TATE STREET  - The Tate Street project is also completed.  The City replaced 450 feet of Tate Street between League and Craig with reinforced concrete.  We installed an underground drainage system and performed some minor utility work.  This project has a budget of $101,300.  Invoices are still coming in, but it looks like we’ll come in under budget.

 

MARK STREET  - Construction on the Mark Street project has begun.  This project has a budget of $203,900 which includes water and sewer improvements and some drainage improvements.

 

CADI / MARIANNE STREET – work began this month on this reconstruction project.  We are reconstructing 600 feet of street with reinforced concrete.

 

ACCIDENTS AND CLAIMS  - We had no worker’s compensation claims this month, but we did have one liability claim.

A police officer was responding to a wreck, when he struck another vehicle.  There were no injuries.  Damages were just under $5,000.

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

MISCELLANEOUS – Elsewhere around the City, employees:

  • Responded to 295 animal control calls.
  • Picked up 50 dogs and cats; 17 were dropped off at the shelter; 16 were adopted.
  • Repaired runway lights at the airport
  • Performed maintenance on wastewater bar screen, sludge press and sludge basin.  Cleaned 39,600 feet of sewer lines.
  • Answered 114 sewer calls.
  • Replaced 79 water meters.
  • Repaired 27 water line ruptures.
  • Installed 2 new water taps.
  • Repaired 16 fire hydrants.
  • Treated wastewater to a daily average total suspended solids count of 3.99 mg/L.
  • Responded to 99 fire/rescue calls.
  • Conducted 32 fire inspections.
  • Tested and maintained 52 fire hydrants.
  • Extinguished 2 structure fires.
  • Received 5 new computers at the Library, courtesy of the Loan Star Library Grant program.
  • Checked out 4,949 books tapes, etc.
  • Served 2,702 meals to seniors.
  • Made 106 arrests, recorded 87 offenses, worked 33 accidents and wrote 520 tickets.
  • Attended police chief leadership training.
  • Seized $214,331 and 900 pounds of marijuana.
  • Wrecked a police car.
  • Cleaned water treatment filters.
  • Performed preventative maintenance of the spillway gates at Lake Sulphur Springs.
  • Made 18 street repairs.
  • Swept 50 city streets.
  • Erected stop signs in the new subdivision located on S.H. 11 west.
  • Conducted 38 health inspections and 70 nuisance inspections.
  • Conducted 35 building inspections, 37 electrical inspections, 47 plumbing inspections, 25 mechanical inspections and issued 14 building permits.
  • Demolished 4 substandard structures.
  • Repaired sidewalks on Davis and Connally.

 

CONSENT AGENDA

The following items on the Consent Agenda were reviewed: Consider for approval: regular City Council minutes of January 3, 2006; Planning and Zoning Commission minutes of January 17, 2006; Tourism and Promotion minutes of December 14, 2005, December 20, 2005 and January 11, 2006; and the Economic Development Corporation minutes of January 23, 2006.  Councilman Powers moved to approve the consent agenda as presented.  Mayor Pro Tem Taylor seconded the motion and the vote was unanimous.

 

DISCUSSION/ACTION ON PUBLIC HEARING FOR FIRST READING OF ORDINANCE NO. 2433 AMENDING CHAPTER 15, ARTICLE II, SECTION 15-13, WEEDS AND OTHER UNSIGHTLY VEGETATION

A public hearing was held for the first reading of Ordinance No. 2433.  This ordinance changes “and” to “or” for housekeeping purposes.  This change was recommended by the City Attorney’s office and James Litzler gave the staff report.  There was no one else present to speak to the issue.  Councilman Powers moved to approve the ordinance as presented.  Mayor Pro Tem Taylor seconded the motion and the vote was as follows:

Ayes:  Walker, Taylor, Powers, Williams

Nays:  Crouch

The motion carried.

DISCUSSION/ACTION ON PUBLIC HEARING FOR FIRST READING OF ORDINANCE NO. 2434 RELATING TO SHORT FORM PLATTING PROCEDURES

The City Council by Ordinance No. 2072 deleted Section 12, Article 2, pages 26, 27, and 28 of Ordinance No. 2049 regarding Short Form Platting Procedures on January 7, 1992.  Councilman Crouch has asked the City Council to consider reinstating Short Form Platting Procedures.  Ordinance No. 2434 contains new guidelines for the process of Short Form Platting or Minor Plats.  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 ordinance on the first reading as presented.  Mayor Pro Tem Taylor seconded the motion and the vote was unanimous.

 

DISCUSSION/ACTION ON RESOLUTION NO. 908 CALLING FOR ELECTION OF PLACES 1, 2, AND 3, NAMING ELECTIONS JUDGES AND SETTING DATES FOR EARLY VOTING

This resolution calls for a City Council election for places 1, 2, and 3 to be held Saturday, May 13, 2006.  The resolution also sets the dates for making application for a place on the ballot, for early voting and for mail ballot deadlines as well as naming the Early Voting Election clerk and voting judge.  A revised resolution was given to the City Council to include two days during early voting be from 7A to 7P.  There was no one to speak to the issue.  Councilman Powers moved to approve the revised resolution as presented.  Mayor Pro Tem Taylor seconded the motion and the vote was unanimous.  

 

DISCUSSION/ACTION ON RESOLUTION NO. 909 SUPPORTING THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS UTILIZING A LOTTERY TO AWARD GRANTS FOR THE HOME PROGRAM

Resolution No. 909 supports the proposal by the Texas Department of Housing and Community Affairs to award grants for the HOME Program by utilizing a lottery method.  This proposal will potentially allow communities that have never been able to be competitive in the past to compete for these grants.  There was no one else to speak to the issue.  Councilman Powers moved to approve the resolution as presented.  Mayor Pro Tem Taylor seconded the motion and the vote was unanimous.

 

DISCUSSION/ACTION ON FINAL PLAT OF R. E. PRATT ADDITION

Glen Eskew, Jr. has requested to replat property to reflect the right-of-way acquisition and appropriate building setbacks for property located on the east side of Magnolia Street, south of Ashcroft Street, being further described as Lot 15A of Block 8.  The City, through an agreement with TxDOT, closed the Magnolia Street railroad crossing and constructed a cul-de-sac turnaround.  This construction required the purchase of additional right-of-way on the east side of Magnolia Street.  This plat serves to show the right-of-way and associated new lot dimensions and setbacks.   Community Development Director Johnny Vance presented the staff report.  There was a general discussion about the structure being a non-conforming use and the impact on future development or use.  There was no one else to speak to the issue.  Mayor Pro Tem Taylor moved to approve the final plat.  Councilman Powers seconded the motion and the vote was as follows:

 

Ayes:  Walker, Taylor, Powers, Williams

Nays:  Crouch

 

The motion carried. 

 

DISCUSSION/ACTION ON CONTRACT WITH HOPKINS COUNTY APPRAISAL DISTRICT

This contract sets forth the provisions and services for tax assessment responsibilities.  Our current agreement expired December 31, 2005.  There are no substantive changes to this contract from the previous document.  There was no one to speak to the issue.  Councilman Powers moved to approve the contract as presented.  Mayor Pro Tem Taylor seconded and the vote was unanimous.

 

DISCUSSION/ACTION ON RESOLUTION NO. 910 TRANSFERRING THE CABLE FRANCHISE FROM COX COMMUNICATIONS TO CEBRIDGE ACQUISITION, L.P. D/B/A CEBRIDGE CONNECTIONS

This resolution is very similar to the resolution we approved in October 2003 when TCA transferred the franchise to Cox.  Resolution No. 910 approves a request to transfer the local franchise from Cox Communications, Inc. to Cebridge Connections.  Cox Communications Systems Manager Joe Suggs and Public Affairs Manager Gordon Tiner were available to answer questions.  There was no one else to speak to the issue.  Councilman Powers moved to approve Resolution No.910 as presented.  Mayor Pro Tem Taylor seconded and the vote was unanimous.      

 

DISCUSSION/ACTION ON INDEPENDENT AUDIT FOR THE CITY OF SULPHUR SPRINGS 2005

Randy Howard of Pingleton, Howard & Company made a presentation of the audit to the City Council.  The audit makes comparisons of how we ended financially as compared to the 2005 budget as well as the previous year.  The City of Sulphur Springs continues to be in excellent financial condition.  The audit becomes the foundation upon which the city staff will start to build the next budget.  There was no one to speak to the issue.  Councilman Powers moved to accept the audit as presented.  Councilwoman Williams seconded and the vote was unanimous.

 

DISCUSSION/ACTION ON RESOLUTION NO. 912 AUTHORIZING THE RENEWAL OF THE INTERLOCAL AGREEMENT FOR E911 SERVICE AND PUBLIC SAFETY ANSWERING POINT (PSAP) EQUIPMENT

This is a renewal contract with the Ark-Tex Council of Governments.  They have the responsibility, by state law, to install and maintain the 9-1-1 services to the local citizens.  This Interlocal Agreement will establish that the City of Sulphur Springs will provide a Public Safety Answering Point (PSAP) 24 hours a day, 365 days a years.  The ATCOG obligations are to provide an access line and E911 equipment, including Telecommunications Devices for the Deaf (TDD).  This contract shall remain in force for one full year and will be automatically renewed for an addition one-year term.  Chief of Police Jim Bayuk was available to answer questions.  There was no one else to speak to the issue.  Mayor Pro Tem Taylor moved to approve Resolution No. 912 as presented.  Councilman Powers seconded and the vote was unanimous.

 

DISCUSSION/ACTION ON SELECTION OF CONSULTANT FOR STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM (STEP) GRANT AS IT PERTAINS TO DOWNTOWN SIDEWALKS

Staff attended a TxDOT public workshop in Paris on December 13, 2005 to discuss the Statewide Transportation Enhancement Program (STEP).  The transportation enhancement program is a statewide competitive process.  All projects must demonstrate a relationship to the surface transportation system.  Projects undertaken with enhancement funds are eligible for reimbursement of up to 80% of allowable costs.  On January 4th and 7th staff advertised for Request For Proposals (RFP’s) for consultant services to prepare a STEP nomination form.  Staff received four proposals by the January 18th deadline. 

 

STEP nominations packages are due Aril 2006.  All project costs must be included in the itemized budget section of the nomination form for eligibility.  In addition to the actual grant application, some engineering services and project management will need to accompany this undertaking.  Staff recommends entering into an agreement with Traylor & Associates, Inc.  Their references were excellent and the completed project list was extensive.  There is no fee incurred unless the grant is awarded and the consultant’s fee is 4% of the awarded amount.  Director of Community Development Johnny Vance presented the staff report.  Gary Traylor was available to answer questions.  There was no one else to speak to the issue.  Councilman Powers moved to approve entering into an agreement with Traylor & Associates, Inc.  Councilwoman Williams seconded and the vote was unanimous.

 

DISCUSSION/ACTION ON RESOLUTION NO. 911 ABATING SHOW-CAUSE AND EXTENDING TERMS OF SETTLEMENT WITH TXU ELECTRIC DELIVERY

 

DISCUSSION/ACTION ON AGREEMENT TO RESOLVE OUTSTANDING FRANCHISE ISSUES WITH TXU ELECTRIC DELIVERY

 

The same motion by the City of Sulphur Springs City Council approves these two items.

 

This resolution would extend the settlement terms in the City’s case with TXU.  After some negotiations between TXU and the Steering Committee of Cities Served by TXU, both sides have agreed to an extension, subject to the following terms:

 

1)        TXU will be required to file a rate case in 2008, not 2010 as requested.

2)        TXU will continue to pay $8 million annually to the SCCSTXU cities until the rate case concludes at the TPUC.

3)        TXU will make an additional payment of $18 million to the SCCSTXU cities in two installments of $9 million each.  The first installment will be made as soon as all of the SCCSTXU cities agree to the settlement.  The second installment will be made in January 2007.

4)        The franchise fees paid by TXU to the SCCSTXU cities will increase by 5% over the next 4 years.

 

TXU Electric Delivery Sulphur Springs Operations Manager Randy Loyd was available to answer questions.  There was no one else to speak to the issue.  Mayor Pro Tem Taylor moved to approve the resolution as presented.  Councilwoman Williams seconded and the vote was as follows:

 

Ayes:        Walker, Taylor, Powers, Williams

Nays:        Crouch

 

The motion carried.        

 

DISCUSSION/ACTION ON BIDS AND AWARD OF CONTRACT FOR CONCRETE FOR MARK STREET

The City of Sulphur Springs received two bids for concrete for Mark Street.  Staff recommendation is to award the contract to Transit Mix as they have the lowest bid on the 3000 psi 5 sack mix w/FBR and this is the product that will be most used for this project.  Direct of Community Development Johnny Vance presented the staff report.  There was no one else to speak to the issue.  Councilman Powers moved to approve awarding the bid for concrete to Transit Mix.  Mayor Pro Tem Taylor seconded and the vote was unanimous.

 

DISCUSSION/ACTION ON BIDS AND AWARD OF CONTRACT FOR CONCRETE FOR WOODBRIDGE STREET

The City of Sulphur Springs received two bids for concrete for Woodbridge Street.  Staff recommendation is to award the contract to Transit Mix as they have the lowest bid on the 3000 psi 5 sack mix w/FBR and this is the product that will be most used for this project.  Direct of Community Development Johnny Vance presented the staff report.  There was no one else to speak to the issue.  Mayor Pro Tem Taylor moved to approve awarding the bid for concrete to Transit Mix.  Councilman Powers seconded and the vote was as follows:

 

Ayes:              Walker, Taylor, Powers, Williams

Nays:              None

Abstain:          Crouch

The motion carried.

DISCUSSION/ACTION ON APPROVAL OF EXECUTIVE SESSION ITEM REGARDING REAL PROPERTY CONTAINING APPROXIMATELY 11 ACRES AND DESCRIBED AS PART OF LOTS 2, 3, AND 4 OF BLOCK 116, TOWN OF SULPHUR SPRINGS

There was no one to speak to this issue.  Councilman Powers moved to authorize the City Manager to enter into a contract for purchase of the property with the provision that requires the environmental concerns to be satisfied as a condition of the sale.  Mayor Pro Tem Taylor seconded and the vote was unanimous.

 

VISITORS/PUBLIC FORUM

Terry Rowe addressed the City Council to inform them of the increasing rate of the gas company.  He had contacted the Railroad Commission and they told him to contact his local city government. 

ADJOURN

With all business complete the meeting adjourned at 8:307p.m.
     

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