CITY OF SULPHUR SPRINGS, TEXAS

REGULAR MEETING OF THE

CITY COUNCIL

 

MARCH 1, 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

                                                Councilman Garry Jordan

                                                Councilman Joe Crouch

                                                Councilman Freddie Taylor

                                                Councilman Larry Powers

                                                Councilwoman Lydia Bryant

 

Staff:                                        Marc Maxwell, City Manager

                                                Gale Roberts, City Secretary

                                                Jim Litzler, City Attorney

                                                Peter Karstens, Finance Director

                                                Johnny Vance, Dir. Community Development

 

Absent:                                   Mayor Pro Tem Clay Walker

 

PLEDGE AND INVOCATION

Mayor Brown led in the pledge to the flag and Councilman Joe Crouch led the invocation. 

 

MANAGER’S REPORT

 

CAPITAL CONSTRUCTION DIVISION – 

 

CRAIG STREET - The Craig Street reconstruction project is nearing completion.  Capital Construction crews have replaced 380’ of water main, have constructed 390’ of storm water drains and reconstructed nearly 620’ of Craig Street in reinforced concrete.   We should be done soon.

 

IMAGINATION MOUNTAIN RESTROOMS Work is finished on the new restrooms at Imagination Mountain in Coleman ParkThe Council set a $35,000 budget for the project.  The Kiwanis Club will present a $10,000 to the City tomorrow at 12:30 pm, and we will unveil the new “Kiwanis Falls” sign.  The $10,000 donation is included in the $35,000 budget.

 

WOODBRIDGE   - Work on the Northwood and Amberwood cul-de-sacs is nearing completion.  In fact, Northwood is completed, and we lack 1 or 2 pours on Amberwood.  The CIP Program calls for an additional $47,200 in improvements on “various segments” in the Woodbridge addition.  We will most likely finish Ramblewood with that money.  We will likely need to budget for some additional road work in the Woodbridge Addition next year.

 

ACCIDENTS AND CLAIMS  - We had 2 minor liability claims in January.  Both were for damages caused when sewer backed up into private residences.  No Worker’s Compensation claims were submitted in January.

 

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

 

PITCHED ROOF PROJECT  - Construction continues on the roof at City Hall.  The Council budgeted $355,742 to construct pitched roofs on City Hall, the Water Treatment Plant and the Wastewater Treatment Plant. Of that budget, $107,501 comes from our property insurer, TML. You may recall that we submitted a claim in the summer of 2003 for hail damage.  I am hopeful that this project will conclude before the next City Council meeting.

 

PACIFIC PARK SPRAY GROUND  - The Capital Construction Division should begin work on the spray ground this month.

 

CONSENT AGENDA

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

 

DISCUSSION/ACTION ON PUBLIC HEARING OF SECOND AND FINAL READING OF ORDINANCE 2414, A REZONING OF 1272 TEXAS STREET

A public hearing, second and final reading, was held for Ordinance No. 2414, a city initiated rezoning for property located at 1272 Texas Street, being further described as Lot 16-12 of Block 218 from Single Family (SF-6) to Heavy Commercial (HC.  There was no one present to speak to the issue.  Councilman Powers moved to approve the ordinance on second and final reading.  Councilman Crouch seconded and the vote was unanimous.

 

DISCUSSION/ACTION ON PUBLIC HEARING OF SECOND AND FINAL READING OF ORDINANCE 2415, A REZONING OF 1275 AND 1281 TEXAS STREET

A public hearing, second and final reading, was held for Ordinance No. 2415, a city initiated rezoning for property located at 1275 Texas Street, being further described as Lot 2 of Block 218 from Single Family (SF-6) to Heavy Commercial (HC) and property located at 1281 Texas Street, being further described as Lot 20 of Block 218 from Single Family (SF-6) to Heavy Commercial (HC).  There was no one to speak to the issue.  Councilman Taylor moved to approve the ordinance on second and final reading.  Councilwoman Bryant seconded and the vote was unanimous.

 

DISCUSSION/ACTION ON FIRST READING OF ORDINANCE 2416, PROVIDING FOR THE ISSUANCE OF COMBINATION TAX AND REVENUE REFUNDING BONDS FOR 2005

The ordinance provides for the issuance of City of Sulphur Springs, Texas, Combination Tax and Revenue Refunding Bonds; Series 2005.  This is the first reading of the Ordinance which establishes the refunding bonds.  We are refunding three old issues:  Two that date from 1995 and one from 1992.  Total bond issue is $6,370,000.  Peter Karstens, Finance Director, presented a staff report to the City Council.  Dan Almon, Southwest Securities, made a presentation to the City Council and made the followings points: (1) Future value debt service savings of $906,558 with a Present Value calculated at 3.459% of $697,048 (after expenses); (2) Repayment period on Bonds remains unchanged (2006 through 2020); (3) Bonds are bank qualified (“BQ”); (4) Proposal to buy Bonds at a True Interest Cost (“TIC”) of 3.576%; (5) Bonds sold at negotiated sale with First Southwest Company acting as underwriter; (6) U.S. Treasury book entry State and Local Government Securities (“SLGS”) used to fund the required escrow; (7) All of the calculations regarding escrow sufficiency have been verified by McGladrey & Pullen, LLP, an independent C.P.A. firm; and (8) Certification by the Financial Advisor that the proposal from the Underwriter is consistent with existing market conditions and a recommendation that it be accepted.  Leroy Grawunder, Jr. of McCall, Parkhurst & Horton, L.L.P., was also in attendance.  There was no one else to speak to the issue.  Councilman Taylor moved to approve the ordinance on first reading.  Councilwoman Bryant seconded the motion and the vote was unanimous.

DISCUSSION/ACTION ON FINAL PLAT OF LOT 18R, BLOCK 205-2, PARK CIRCLE ADDITION

Owner Lydia Bryant has requested to replat property located on the south side of Radio Road, east of Tennessee Street, being further described as Lots 18 and 19 of Block 205-2 of Park Circle Addition, into one lot.  Johnny Vance, Director of Community Development, presented the staff report.  The Planning and Zoning Commission recommends approval.  There was no one to speak on the issue.  Councilman Taylor moved to approve the replat.  Councilman Powers seconded and the vote was unanimous with the exception of that Councilwoman Bryant abstained from voting.

 

Ayes:              Taylor, Powers, Jordan, Crouch, Brown,

Nays:              None

Abstain:          Bryant

 

The motion carried.          

 

DISCUSSION/ACTION ON FINAL PLAT OF MCMILLAN ADDITION

Owners Larry and Evelyn McMillan would like to subdivide property located on the north side of Weaver Drive and east of Foscue, being further described as Lot 9-B of Block 57-1, into two lots.  There are currently two houses on this lot and this plat will create a property line between the two houses.  Johnny Vance, Director of Community Development, presented the staff report.  The Planning and Zoning Commission recommends approval.  There was no one else to speak to the issue.  Councilman Powers made a motion to approve the final plat.  Councilman Taylor seconded the motion and the vote was unanimous.

 

DISCUSSION/ACTION ON FINAL PLAT PHASE II STONE BRIAR ADDITION

Owner Matthew Hanna has submitted the final plat for Phase II of the Stone Briar Addition, being further described as Lot 1 of Block 607, to develop Single Family housing for approval.  Johnny Vance, Director of Community Development, presented the staff report.  Staff and the Planning and Zoning Commission recommend approval contingent upon approval of final engineering and the execution of a community facilities contract to include construction access from Lover’s Lane. Ken Goggans, Hanna Construction, addressed the City Council and expressed that he anticipated issues to be resolved within the next week.  There was no one else to speak to the issue.  Councilman Crouch made a motion to approve the final plat contingent upon approval of the final engineering and the execution of a community facilities contract to include construction access from Lover’s Lane.  Councilman Jordan seconded the motion and the vote was unanimous.  

  

DISCUSSION/ACTION ON PRELIMINARY PLAT/PARK SPRINGS ESTATES

Owner/developer Louis Ardis has submitted the preliminary plat for property located on Park Springs Road to develop into Single Family housing for approval.  Johnny Vance, Director of Community Development, presented the staff report.  Staff and the Planning and Zoning Commission recommend approval contingent upon the water being looped to Hwy. 154 and an emergency access is provided.  There was no one else to speak to the issue.  Councilman Powers made a motion to approve the preliminary plat contingent upon the water being looped to Hwy. 154 and an emergency access is provided.  Councilwoman Bryant seconded the motion and the vote was unanimous.

 

DISCUSSION/ACTION ON ABATEMENT PROCEEDINGS FOR CONDEMNED STRUCTURE LOCATED AT 219 CALVERT STREET

A notice of substandard structure was sent to the tax roll listed owners by regular and certified mail. There was no response to the notifications.   No one has submitted a plan of action to abate the property.  Annie Wilkerson addressed the City Council requesting an extension of time to address this issue.  Johnny Vance, Director of Community Development, presented the staff report.  There was no one else to speak to the issue.  Councilman Jordan made a motion to declare the property a public nuisance and order abatement by rehabilitation or demolition within 90 days.  Councilman Taylor seconded and the vote was unanimous.

 

DISCUSSION/ACTION ON ABATEMENT PROCEEDINGS FOR CONDEMNED STRUCTURE LOCATED AT 501 CARTER STREET

A notice of substandard structure was sent to the tax roll listed owner by regular and certified mail.  Mr. Amir Rahman submitted a proposal for rehabilitation and was issued a permit September 24, 1998.  September 1, 2001 Mr. Rahman was notified that the permit had been cancelled.  No work or inspections had been done.  Mr. Rahman obtained an extension on the building permit and July 10, 2002 the permit was again cancelled for the same reason.  In 2003 Mr. Ed Rosamond purchased the property at 501 Carter Street.  Mr. Rosamond was notified of the possible condemnation on January 13, 2005.  Mr. Rosamond submitted a proposal for abating the structure on February 4, 2005 but it was rejected because it was incomplete. A notice of the public hearing and a copy of the inspection were mailed to the owners, Mr. & Mrs. Rosamond, by certified and regular mail.  Mr. Rosamond addressed the City Council requesting more time to abate the structure.  Johnny Vance, Director of Community Development, presented the staff report and stated the structure was in too poor and hazardous condition to permit for rehabilitation.  There was no one else to speak to the issue.  Councilman Jordan made a motion to declare the property a public nuisance and order abatement by rehabilitation or demolition within 60 days.  Councilman Taylor seconded and the vote was as follows:

 

Ayes:              Jordan, Crouch, Taylor, Brown, Bryant

Nays:              None

Abstain:          Powers

 

The motion carried.

 

DISCUSSION/ACTION ON WHETHER OR NOT TO INTERVENE IN COX COMMUNICATIONS FILING FOR DETERMINATION OF EFFECTIVE COMPETITION WITH THE FEDERAL COMMUNICATIONS COMMISSION (FCC)

Councilman Powers made a motion to table this item until the next City Council meeting (April 5, 2005).  Councilman Jordan seconded and the vote was as follows:

 

Ayes:              Powers, Jordan, Brown, Taylor

Nays:              Bryant, Crouch 

 

The motion carried.

 

DISCUSSION/ACTION ON RESOLUTION NO. 884 DIRECTING THE PLANNING AND ZONING COMMISSION TO CREATE A DRAFT PLAN FOR THE REVITALIZATION OF THE DOWNTOWN AREA

Councilman Jordan made a motion to approve Resolution No. 884 as presented.  Councilman Taylor seconded and the vote was unanimous.

 

VISITORS/PUBLIC FORUM

None.

 

ADJOURN

With all business complete the meeting adjourned at 8:45 p.m.

     

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