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CITY OF SULPHUR SPRINGS, TEXAS REGULAR MEETING OF THE CITY COUNCIL
AUGUST 2, 2005 7:00 p.m.
Mayor Clay Walker called the regular meeting of the Sulphur Springs City Council to order at 6:17 p.m. Councilman Larry Powers moved to adjourn to executive session in accordance with Texas Government Code 551.072, deliberations on real property. Councilman Chris Brown 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 Garry Jordan 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. Absent: None OPEN SESSION Mayor Walker reconvened the meeting in open session at 7:04 p.m. PLEDGE AND INVOCATION Mayor Walker led in the pledge to the flag and Councilman Jordan led the invocation. PROCLAMATION PRESENTED TO DERECK HATLEYMayor Walker read and presented a proclamation to eleven-year old Dereck Hatley for his role in saving dog bite victim Anthony Daley. MANAGER’S REPORTBELLVIEW / KYLE – This project is finally completed just in time for the school year. The project replaced 600 feet of water line and 2,200’ of sewer line. The intersection of Kyle and Davis has been reconstructed in reinforced concrete and Kyle, Bellview and Davis have all received a new plant-mix overlay. The project was budgeted at $160,981 excluding the overlay. 
PLANT-MIX OVERLAY - Our Contractor, Drake Construction, is finished placing a plant-mix overlay on streets we previously identified, namely: S. Davis, Austin, Parkins, Forrest Lane, N. Moore, Moore, Nicholson, Ingram, Ashcroft, Goodman, Debord, Seventh, California, Milligan, Colorado, Fleming, Pollard, Calvert, Alabama, Lundy, Patton, Stacy, Phyllis, Beckham, Alamo, Bowie, Elm, Brinker, Craig, Bellview, Kyle, Kimberly and Michel. This project was budgeted at $400,000. COMO STREET - This street received a full 2” asphalt overlay this month at a cost of approximately $89,000. HIGHLAND SEWER – The contractor for this sewer replacement project is on site and has begun some preliminary work on the project, such as inspecting the lines, etc. I expect the project to begin in earnest this month. The project will replace 2 sewer lines which pass through the backyards of homes on Hillcrest, Highland and Woodcrest. The contractor will utilize “trenchless” technology to minimize the impact to homeowners. The project has a budget of $181,597. ACCIDENTS AND CLAIMS - Lt. Sewell gets the Homer Simpson award for rear-ending another vehicle on the square. There were no injuries. Damage to both vehicles was very minor. A homeowner claims that the City caused minor damage to his plumbing while cleaning the sewer main. Damages claimed are approximately $300. We had no Worker’s Compensation claims in August. REMAINING CIP PROJECTS - The following table shows the progress of our CIP program year-to-date. Items highlighted in yellow are completed.
FINANCIAL REPORT - Due to computer problems, we will be unable to give a month-end summary of revenue and expenditures. CONSENT AGENDA The following items on the Consent Agenda were reviewed: Consider for approval: regular City Council minutes of July 5, 2005; Planning and Zoning Commission minutes of July 18, 2005; Zoning Board of Adjustments minutes of July 19, 2005; Economic Development Corporation minutes of June 27, 2005; and the 2006 Adopted Appraisal District Budget. Councilman Taylor moved to approve the consent agenda excluding the 2006 Adopted Appraisal District Budget. Councilman Brown seconded the motion and the vote was as follows: Ayes: Taylor, Brown, Jordan, Walker, Crouch, and Williams Nays: None Abstain: Powers
The motion carried. DISCUSSION/ACTION ON PUBLIC HEARING OF SECOND AND FINAL READING OF ORDINANCE NO. 2420 A public hearing, second and final reading, was held for Ordinance No. 2420, a request by property owner David E. Black to rezone property located at 2019 South Broadway, being further described as Lot 4-01 if Block 600, from Single Family (SF-6) to Light Commercial (LC). Community Development Director SEQ CHAPTER \h \r 1Johnny Vance presented the staff report. There was no one present to speak to the issue. Councilman Powers moved to approve the ordinance on second and final reading. Councilman Taylor seconded and the vote was unanimous. DISCUSSION/ACTION ON PUBLIC HEARING OF SECOND AND FINAL READING OF ORDINANCE NO. 2421 The National Incident Management Systems (NIMS) is a crisis management system. The goal is to have a common crisis management system nationwide so in crisis events, that several agencies are participating in, they will function under the same crisis management system. The Department of Homeland Security is requiring local, state and federal agencies to adopt NIMS by the government body in the form of an ordinance. There was no one present to speak to the issue. Councilman Powers moved to approve the ordinance on second and final reading. Councilman Jordan seconded the motion and the vote was unanimous. DISCUSSION/ACTION ON RESOLUTION NO. 893 DENYING ATMOS ENERGY GRIP RATE INCREASE On December 17, 2004, Atmos Energy Corp., Mid-Tex Division (the “Company”), formerly known as TXU Gas, filed with the City of Sulphur Springs (the “City”) a request for an annual gas reliability infrastructure program (GRIP) rate increase for customers on the Company’s statewide gas utility system. The City timely acted to suspend the effective date of Atmos’s proposed rate increase and joined other cities in a coalition known as Atmos Cities Steering Committee (“ACSC”) Counsel for ACSC has reviewed the Company’s filing, and after consultation with various consultants, has recommended denying the Company’s GRIP rate increase as it is unjustified, unreasonable, and non-compliant with the GRIP statute. There was no one present to speak to the issue. Councilman Powers moved to approve the resolution as presented. Councilman Jordan seconded the motion and the vote was unanimous. DISCUSSION/ACTION ON RESOLUTION NO. 894 APPROVING AN APPLICATION FOR FUNDING THROUGH THE TEXAS DEPARTMENT OF AGRICULTURE DOWNTOWN REVITALIZATION PROGRAM This resolution approves the application through the Texas Capital Fund for downtown sidewalk renovation on Main Street from Davis to Gilmer. Community Development Director Johnny Vance presented the staff report and a power point presentation. Kim Lacey of Municipal Development Services was also available to answer any questions. There was no one else to speak to the issue. Councilman Jordan made a motion to approve the resolution as presented. Councilman Taylor seconded the motion and the vote was unanimous. DISCUSSION/ACTION ON CERTIFICATIONS SUPPORTING RESOLUTION NO. 894 These are certifications for compliance with the Civil Rights Act of 1964, the Fair Housing Act, and Title 31 US Code for the grant application. Community Development Director Johnny Vance presented the staff report. Kim Lacey with Municipal Development Services was also available to answer any questions. There was no one else to speak to the issue. Councilman Crouch made a motion to approve the certifications as presented. Councilman Jordan seconded the motion and the vote was unanimous. DISCUSSION/ACTION ON RESOLUTION NO. 895 APPROVING AN ECONOMIC DEVELOPMENT PROJECT The economic development project is to locate a new company to the community. The company will warehouse tires and locate in the old HON building on Hillcrest Street. The company will employ 16 people and add 2 million dollars to the tax base in equipment and inventory. The EDC approved an amount of $150,000 to assist in upgrading the fire sprinkler system. The company is headquartered in Long Beach California and operates warehouse locations across the United States. The smallest tire that they will have in the warehouse is 4 inch and fits a wheelchair and the largest will be used on off road heavy equipment. The majority of the tires will be used on passenger vehicles and on trailers. Their principal market is discount tire centers in the Metroplex and the trailer manufacturers. Annual sales for the company exceed $190 million dollars per year. Economic Development Director Roger Feagley was available to answer questions. There was no one else to speak to the issue. Councilman Jordan made a motion to approve the resolution as presented. Councilman Taylor seconded the motion and the vote was unanimous. DISCUSSION/ACTION ON SPECIFIC USE PERMIT FOR CHINA HOUSE Jimmy Tsai, manager of China House, made application for a Specific Use permit. The facility is located at 472 West Shannon Road and is zoned Heavy Commercial (HC) which meets the requirements to apply for a Specific Use Permit. Jimmy Tsai was available to answer questions. There was no one else to speak to the issue. Councilman Powers made a motion to approve the Specific Use Permit. Councilman Brown seconded the motion and the vote was as follows: Ayes: Powers, Brown, Walker, Crouch, Taylor, Williams Nayes: Jordan The motion carried. DISCUSSION/ACTION ON FINAL PLAT OF PARK SPRINGS ESTATES The owner requested to postpone this item to a later date. DISCUSSION/ACTION ON ORDINANCE NO. 2422 AMENDING THE CITY OF SULPHUR SPRINGS CODE OF ORDINANCES, CHAPTER 5, ANIMAL CONTROL AND PROTECTION, ARTICLE I, SECTION 5-4, KEEPING OF LIVESTOCK TO EXCLUDE ALPACAS Currently the ordinance contains criteria for the keeping of livestock and this ordinance would exclude alpacas from being considered as livestock. Bobby Brown, 1013 Texas Street, opposes this ordinance amendment as well as Al Shirley, 621 Rasure Circle. Betty Mitchell, 626 Bellview Street, approves of the ordinance amendment as well as Carla Buck, 1004 Westbrook, and Don Courtney, 504 CR 3640. City Manager Marc Maxwell explained that City Attorney Jim McLeroy modified the ordinance from the one in the packet and recommended the City Council consider the ordinance presented by the City Attorney as opposed to the one in their packets. Councilman Taylor made a motion to approve the ordinance submitted by the City Attorney on the first reading. Councilman Brown seconded the motion and the vote was as follows: Ayes: Taylor, Brown, Jordan, Walker, Crouch, Brown, and Williams Nayes: Powers The motion carried. DISCUSSION/ACTION ON BID FOR HEALTH INSURANCE FOR CITY EMPLOYEES Financial Director Peter Karstens presented the staff report stating that the lowest potential maximum this year is Trustmark for a maximum worst case cost of $608,921 at a $50,000 Specific Stop Loss. However, the $40,000 Specific is only $1,595 more for $10,000 more of Specific coverage. Staff recommends Trustmark at a $40,000 Specific Stop Loss with a maximum cost of $610,516. Staff also recommends lowering the dependent costs by 8% while leaving the employee funding by each department to the internal services fund the same. Councilman Jordan made a motion to approve awarding the contract to Trustmark. Councilman Taylor seconded the motion and the vote was unanimous. DISCUSSION/ACTION ON BID FOR LIFE INSURANCE Finance director Peter Karstens presented the staff report stating that over the last four years we have had four employees pass away. This benefit has been very helpful in covering the immediate costs of the funeral, etc. It always is a process which involves many different city workers, indeed, the city itself. We would like to increase the amount to $20,000. We received two bids for $10,000, $20,000, and $30,000 benefit limits, one from Dearborn and one from Trustmark. Total annual cost to the city fir the benefit for 137 employees:
Dearborn Trustmark Difference $10,000 $3,616 $3,781 $165 $20,000 $6,904 $7,562 $658 $30,000 $9,864 $11,343 $1,479
The low bid for each of the categories is Dearborn. Staff recommends Dearborn at $20,000. Councilman Jordan made a motion to approve awarding the contract to Dearborn. Councilman Taylor seconded the motion and the vote was unanimous. DISCUSSION/ACTION ON GAP (SUPPLEMENTAL) INSURANCE FOR CITY EMPLOYEES Financial Director Peter Karstens presented the staff report stating that the Gap Plan is a critical part of our Health Insurance Program. It has allowed the city to stabilize the city’s reinsurance program by spread some the cost over a larger group. First we want to change the deductible on the gap from $100 to $250 for each use in the hospital at 24 hours apart. That will decrease the cost increase from 34% to 19% lowering the overall increase to $20,000 saving $16,000. Then we want to take these funds and assist those employees who choose to participate with a one for one match up to $300 of city contribution in flexible spending account. Staff recommends that we renew the gap plan at $4,000 inpatient, $2,000 outpatient benefit, go with the $250 deductible and authorize payment of $300 matched dollar by dollar ($1:$1) to the flexible reimbursement accounts. Councilman Crouch made a motion to approve the Gap Plan as presented. Councilman Taylor seconded the motion and the vote was unanimous. VISITORS/PUBLIC FORUM Kerry Craig, President of Golden K Kiwanis Club, addressed the City Council praising the Sulphur Springs Public Library for the summer reading program. The Golden K Kiwanis sponsor the summer reading program and wanted to share with the City Council what a great job Library Director Kathryn St. Clair and her staff have done each year for the summer reading program. There was one little girl that read over two hundred books. It was also noted that Ms. St. Claire had done a remarkable job managing the funds as well as the program. Mr. Craig also stated the old Library could use some maintenance on the grass and shrubbery. Mary McCorkle thanked the city for trying to find grant funding for the downtown revitalization program and hopes the city is approved for the grant. Bobby Brown verified with the city council that ordinances required a second reading. Don Courtney reiterated that alpacas were harmless and Mr. Murray had an incredible reputation rescuing over 300 lives in the Coast Guard. ADJOURN With all business complete the meeting adjourned at 8:13 p.m |
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