CITY OF SULPHUR SPRINGS, TEXAS

REGULAR MEETING OF THE

CITY COUNCIL

DECEMBER 7, 2004

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

                                                Council Member Joe Crouch

                                                Council Member Freddie Taylor

                                                Council Member Garry Jordan

                        Council Member Lydia Bryant

                                                Council Member Larry Powers

Staff:                                       Marc Maxwell, City Manager

                                                Sharon Ricketson, City Secretary

                                                Gale Roberts, City Secretary Trainee

                                                Johnny Vance, Dir. Community Development

                                                James Litzler, City Attorney

                                                Peter Karstens, Finance Director

PLEDGE AND INVOCATION

Mayor Brown led in the pledge to the flag and Councilman Freddie Taylor led the invocation.

ADMINISTER OATH OF OFFICE TO CITY SECRETARY

City Secretary Sharon Ricketson administered the Oath of Office of City Secretary to Gale Roberts.  Mrs. Ricketson will be retiring at the end of December 2004.  After the Oath of Office was administered Mrs. Ricketson addressed the City Council.

MANAGER’S REPORT

CAPITAL CONSTRUCTION DIVISION – 

ARDIS STREET - The Ardis Street project is progressing well.  The Capital Construction Division has constructed roughly half of the 866’ street segment in reinforced concrete.  You might recall that we just finished replacing water and sewer lines on Ardis.  The entire project (including water and sewer) is budgeted at $159,956.

BOOKER STREET  - The Booker Street reconstruction project is also progressing well.  The Capital Construction Division has replaced 620’ of water main and has constructed 570’ of underground drainage.  The Division has begun reconstructing 620’ of Booker Street in reinforced concrete.  The project is budgeted at $124,282 for water, sewer and street improvements.  Booker Street dead-ends into Craig Street which is also slated for street, water and drainage improvements.  Together these 2 projects will give the area a major facelift and solve a real drainage problem.

CRAIG STREET  - The Craig Street reconstruction project is underway.  Capital Construction crews have replaced 380’ of water main, have constructed 390’ of storm water drains, and will reconstruct 620’ of Craig Street when they finish with Booker Street.

IMAGINATION MOUNTAIN RESTROOMS  - Work is progressing well on the new Imagination Mountain restroom at Coleman Park.  The block walls have been erected.  The building looks a bit strange now, but it will look much different with a roof on it.  The Council set a $35,000 budget for the project.  The Kiwanis Club is donating $10,000 toward the effort.  The $10,000 donation is included in the $35,000 budget.

WOODBRIDGE   - Work has begun on the Northwood and Amberwood cul-de-sacs.  The Woodbridge projects will progress slowly but surely throughout the winter.

HOME GRANT – Construction of the new HOME Grant homes is progressing quickly.   We have signed 4 of the 9 houses over to their owners, and we are set to turn over 4 more this week. Leaving one to go.  We should finish the last house next week.  This project was funded by a $500,000 grant from the Texas Department of Housing and Community Affairs.

ACCIDENTS AND CLAIMS   - We had one worker’s compensation claim for an employee who injured his back while lifting a drum. He has had surgery, and will be recovering for some time.

We had one liability claim from a homeowner who had sewage back up into the house.  That claim was denied by TML.

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

PITCHED ROOF PROJECT  - Construction on the pitched metal roof for the Wastewater Treatment Plant is 99.99% completed.  The Contractor, Hefner Roofing, should start putting the sheet metal on the roof at the Water Treatment Plant this week.  Work has begun on the roof at City Hall.  The Council budgeted $355,742 for the project, of which $107,501 comes from our property insurer, TML. You may recall that we submitted a claim in the summer of 2003 for hail damage.

MISCELLANEOUS - Received an $11,000 refund from the Texas Municipal League property risk pool.  This is why we insure through a risk pool.

CONSENT AGENDA

The following items on the Consent Agenda were reviewed: Consider for approval: regular City Council minutes of November 2, 2004; Planning and Zoning Commission minutes of October 18, 2004; Planning and Zoning Commission minutes of November 15, 2004; Zoning Board of Adjustment minutes of November 16, 2004; Economic Development Corporation minutes of October 25, 2004; and the Tourism & Promotion budget for 2005.  Councilman Jordan 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, SECOND AND FINAL READING OF ORDINANCE NO. 2411 REZONING LOT 3 OF BLOCK 210-300

A public hearing, second and final reading was held on Ordinance No. 2411, a request from property owner Gregg Price to rezone property located at 1505 Mockingbird Lane, described as Lot 3 of Block 210-300, from Single Family (SF-6) to Single Family Attached (SF-A).   The owner is proposing to enhance this location by building garden homes and town homes for senior citizens.  There was no one present to speak to the issue.  Councilman Powers 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 NO. 2410 AMENDING ZONING ORDINANCE NO. 2050, ARTICLE 15, SECTION 15.201

The Planning and Zoning Commission, at the request of the City Council, revisited Article 15, Section 15.201 of Zoning Ordinance No. 2050.  The Planning and Zoning Commission conducted a public hearing to determine whether or not to change the current term “adjacent to” to “within fifty feet”.  The Planning and Zoning Commission recommended denial of Ordinance No. 2410.  Planning and Zoning member Gary Spraggins addressed the City Council stating the amendment, as presented, would weaken the existing ordinance.  City Attorney James Litzler informed the City Council that the verbiage could be modified to include non-adjacent property within fifty feet as well as adjacent residential property.  Councilman Powers made a motion to approve Ordinance No. 2410 as presented.  Councilman Taylor seconded the motion.  Upon further discussion Councilman Powers amended his motion to include verbiage recommended by the City Attorney.  Councilman Taylor seconded and the vote was unanimous.

DISCUSSION/ACTION ON 622 OAK AVENUE

The City Council discussed whether or not to rescind the plat approved June 1, 2004 or amend the budget $15,000 to $29,000 to incur cost to build a masonry fence and approve an easement to build the fence.  Mike Gilmer thanked the City Council for their assistance regarding this matter and Mayor Chris Brown thanked Mr. Gilmer for his patience.  Councilman Powers made a motion to amend the plat, amend the budget, approve the easements and build a fence on the interior lot.  Councilman Taylor seconded the motion and the vote was unanimous.

DISCUSSION/ACTION ON FINAL PLAT OF HOPKINS COUNTY INTER-MODAL FACILITY ADDITION

Hopkins County is requesting to replat property located on the east side of Texas Street, south side of I-30, being further described as Lot 16-13 of Block 218 into one lot.  The Planning and Zoning Commission conducted a public hearing and recommends approval contingent upon entering into a Community Facilities Contract for installation of the sanitary sewer service.  Councilman Powers made a motion to approve the replat contingent upon entering into a Community Facilities Contract for sanitary sewer service.  Councilman Joe Crouch seconded the motion and the vote was unanimous.

DISCUSSION/ACTION ON FIRST READING OF ORDINANCE NO. 2412 A REQUEST TO REZONE PROPERTY LOCATED ON THE EAST SIDE OF TEXAS STREET, SOUTH OF I-30 FROM SINGLE FAMILY TO HEAVY COMMERCIAL

Ordinance No. 2412 was heard on first reading, a request by Hopkins County to rezone their property from Multiple Family to Heavy Commercial to accommodate the proposed Inter-Modal facility.  The adjacent properties are zoned Heavy and Light Commercial while properties across the street are zoned Single Family.  The Planning and Zoning Commission conducted a public hearing and recommends approval.  Councilman Crouch made a motion to approve the zone change.  Councilman Walker seconded the motion and the vote was unanimous.  

DISCUSSION/ACTION ON FIRST READING OF ORDINANCE NO. 2413 A CITY INITIATED REQUEST TO REZONE PROPERTY   LOCATED ON THE NORTH SIDE OF MEDICAL PLAZA, SOUTH SIDE OF MEDICAL CIRCLE AND EAST SIDE OF MEDICAL DRIVE AND CHURCH STREET

Ordinance No. 2413 was heard on first reading, a city initiated rezoning for property located on the north side of Medical Plaza, south side of Medical Circle and east side of Medical Drive and Church Street from Multiple Family to Professional Office.  The Planning and Zoning Commission conducted a public hearing and recommends approval.  Councilwoman Bryant made a motion to approve the zone change.  Councilman Walker seconded the motion and the vote was unanimous.

DISCUSSION/ACTION ON ABATEMENT PROCEEDINGS FOR CONDEMNED STRUCTURE LOCATED AT 220 FULLER STREET

Pastor Gatlin made a presentation to the City Council requesting the City of Sulphur Springs to tear down the structure at 220 Fuller Street.  He also thanked Director of Community Development Johnny Vance for all his assistance.  Councilman Crouch thanked Pastor Gatlin for his patience.  Councilman Jordan made a motion to declare this property a public nuisance and order abatement by demolition.  Councilman Taylor seconded the motion and the vote was unanimous.

DISCUSSION/ACTION ON ABATEMENT PROCEEDINGS FOR CONDEMNED STRUCTURE LOCATED AT 300 JEFFERSON STREET

Director of Community Development Johnny Vance presented the staff report.  Councilman Jordan made a motion to declare this property a public nuisance and order abatement by demolition.  Councilman Taylor seconded the motion and the vote was unanimous with the exception that Councilman Powers abstained from voting.

DISCUSSION/ACTION ON ABATEMENT PROCEEDINGS FOR CONDEMNED STRUCTURE LOCATED AT 602 MAIN STREET

Director of Community Development Johnny Vance presented the staff report.  Councilman Taylor made a motion to declare this property a public nuisance and order abatement by demolition.  Councilwoman Bryant seconded the motion and the vote was unanimous with the exception that Councilman Powers abstained from voting.

DISCUSSION/ACTION ON INTERLOCAL MUTUAL AID AGREEMENT WITH HOPKINS COUNTY

Councilwoman Bryant made a motion to enter into the agreement with Hopkins County.  Councilman Jordan seconded the motion and the vote was unanimous. 

DISCUSSION/ACTION TO CONSIDER BIDS AND AWARD OF CONTRACT FOR A GENERATOR FOR THE WATER TREATMENT PLANT

The City is purchasing this generator with a Homeland Security grant that was approved by City Council August 3, 2004.  We received four bids but none of them included the cost of installation.  The Homeland Security grant will cover the cost of installation only if it is included in the bid.  Councilman Jordan made a motion to reject all the bids and re-bid with installation included in the project.  Councilman Taylor seconded the motion and the vote was unanimous.

VISITORS/PUBLIC FORUM

Mayor Chris Brown mentioned creating a historical district and he also mentioned the time capsule that will be buried if anyone is interested in participating.

ADJOURN

With all business complete the meeting adjourned at 8:23 p.m.