CITY OF SULPHUR SPRINGS, TEXAS

REGULAR MEETING OF THE

CITY COUNCIL

JANUARY 4, 2005

7:00 p.m.

Mayor Chris Brown called the regular meeting of the Sulphur Springs City Council to order at 6:32 p.m.  Councilwoman Lydia Bryant moved to adjourn to executive session in accordance with Texas Government Code 551.074, personnel matters specifically relating to the Economic Development Corporation relating to the executive director position.  Councilman Freddie 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 Chris Brown

                                                Mayor Pro Tem Clay Walker

                                                Councilman Joe Crouch

                                                Councilman Freddie Taylor

                                                Councilman Larry Powers

                                                Councilwoman Lydia Bryant

 staff:                                       Marc Maxwell, City Manager

                                                Gale Roberts, City Secretary

                                                James Litzler, City Attorney

                                                Peter Karstens, Finance Director – 7:01 p.m.

                                                Johnny Vance, Dir. Community Development – 7:01 p.m.

Absent:                                   Councilman Garry Jordan

OPEN SESSION

Mayor Brown reconvened the meeting in open session at 7:01 p.m.

PLEDGE AND INVOCATION

Mayor Brown led in the pledge to the flag and Councilman Freddie Taylor led the invocation.  Mayor Brown also welcomed and recognized the Leadership Class of 2005.

MANAGER’S REPORT

CAPITAL CONSTRUCTION DIVISION 

ARDIS STREET - The Ardis Street project is finished.  The Capital Construction Division has reconstructed 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) was budgeted at $159,956.

BOOKER STREET  - The Booker Street reconstruction project is finished.  The Capital Construction Division has replaced 620’ of water main, 570’ of underground drainage, and reconstructed 620’ of Booker Street in reinforced concrete.  The project was 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.

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.  We will reconstruct 620’ of Craig Street in reinforced concrete when weather permits.

IMAGINATION MOUNTAIN RESTROOMS - Work is nearly finished on the new Imagination Mountain restroom at Coleman Park.  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 continues on the Northwood and Amberwood cul-de-sacs.  The Woodbridge projects will progress slowly but surely throughout the winter. We will usually put the Capital Construction Division to work in Woodbridge during rainy weather since the other projects are more sensitive to weather.

HOME GRANT – Construction of the new HOME Grant homes has concluded.   In all, we built 9 homes for low-income seniors.  This project was funded by a $500,000 grant from the Texas Department of Housing and Community Affairs.

ACCIDENTS AND CLAIMS   - A Water & Sewer Division employee on his way to get a cherry limeade, struck the newly constructed awning at Sonic.  Apparently the truck was a bit too tall for the awning.  This employee has received disciplinary action.  The claim has been submitted to TML.

We received to other liability claims in December, one for sewer under a home, and one for a motorist who says she struck an open manhole.  Those claims are also pending at TML.

We had no worker’s compensation claims in December.

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

PITCHED ROOF PROJECT  - Construction has begun 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.

WASTEWATER TREATMENT PLANT  - The Wastewater Treatment Plant had a tough month in December.  We violated one of the parameters on our TCEQ permit.  Specifically, our permit requires our effluent to have a dissolved oxygen content of not less than 6mg/L.  Our monthly average came in at 5.8 mg/L.  To say it another way, our affluent was clean enough, but it did not have enough oxygen.

The problem was caused by one of our local industries, a food processor that experienced difficulties during the month.  That company violated their permit, resulting in surcharges and fines of nearly $78,000.  I have been told that this was a mechanical problem, that a pump failed; however, this company recently underwent an expansion.  Only time will tell whether this was an anomaly or a sign of problems ahead.

December’s problems do not mean that TCEQ will be undertaking any enforcement action against the City.  You must violate the permit 3 consecutive months for that.  Just the same, we take this very seriously, and we will monitor the situation closely.

CONSENT AGENDA

The following items on the Consent Agenda were reviewed: Consider for approval: regular City Council minutes of December 7, 2004; Planning and Zoning Commission minutes of December 20, 2004; Planning and Zoning Commission minutes of December 27, 2004; Zoning Board of Adjustment minutes of December 28, 2004; Parks and Recreation meeting minutes of December 14, 2004; Economic Development Corporation minutes of November 22, 2004. Councilwoman Lydia Bryant 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. 2410 AMENDING ZONING ORDINANCE NO. 2050, ARTICLE 15, SECTION 15.201

A public hearing, second and final reading, was held for Ordinance No. 2410 amending the Zoning Ordinance No. 2050, Article 15, Section 15.201 regarding masonry fence requirements.  City Attorney James Litzler modified the ordinance after the first reading to include non-adjacent property within fifty feet as well as adjacent residential property.  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, SECOND AND FINAL 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 (SF-6) TO HEAVY COMMERCIAL (HC)

A public hearing, second and final reading, was held for Ordinance No.2412, a request by Hopkins County to rezone property located on the east side of Texas Street, South of I-30, being further described as Lot 16-13 of Block 218, from Single Family (SF-6) to Heavy Commercial (HC).  There was no one present to speak to the issue.  Councilman Taylor made a motion to approve Ordinance No. 2412 as presented.  Councilwoman Bryant seconded the motion and the vote was unanimous.

DISCUSSION/ACTION ON PUBLIC HEARING, SECOND AND FINAL 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

A public hearing, second and final reading, was held for Ordinance No. 2413, 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.  There was no one present to speak to the issue.  Councilman Taylor made a motion to approve Ordinance No. 2413 as presented.  Councilman Powers seconded the motion and the vote was unanimous.

DISCUSSION/ACTION ON CITY INITIATED REPLAT OF PROPERTY LOCATED BETWEEN BOOKER AND HULL STREETS, BEING FURTHER DESCRIBED AS LOT 28 OF BLOCK 23-3

The City of Sulphur Springs is requesting to replat property located between Booker and Hull Streets, being further described as Lot 28 of Block 23-3.  Director of Community Development Johnny Vance presented a staff report stating this replat complies with subdivision ordinance #2049 and will reflect the recently acquired right-of-way for street improvements underway on Booker and Craig Streets.  There was no one to speak to the issue.  Councilman Powers made a motion to approve the replat.  Councilwoman Bryant seconded the motion and the vote was unanimous.

DISCUSSION/ACTION ON TO APPROVE RESOLUTION NO. 877 AUTHORIZING INVESTMENTS IN TEXPOOL

Director of Finance Peter Karstens presented a staff report to the City Council stating that

TexPool is a local government investment pool created to serve local government.  The State Comptroller of Public Accounts oversees TexPool.  Periodically we check alternative investment vehicles for our “overnight” funds.  When interest rates were going down, TexPool went down faster than BSC treasury money market.  Over the last three months TexPool has been moving faster than BSC.  So, right now it would be a better investment than BSC.  If that changes we will then be already set up with a choice.  There was no one else to speak to the issue.  Councilwoman Bryant made a motion to approve the resolution.  Mayor Brown seconded the motion and the vote was unanimous.  

DISCUSSION/ACTION ON INDEPENDENT AUDIT FOR THE CITY OF SULPHUR SPRINGS 2004

Randy Howard of Pingleton, Howard & Company made a presentation of the audit to the City Council.  In summary the financial statements show that the city is financially healthy and has at its disposal numerous resources available to fulfill City Council directives as set forth in this and future budgets.  There was no one else to speak to the issue.  Councilman Taylor made a motion to approve the audit as presented.  Councilwoman Bryant seconded the motion and the vote was unanimous.

DISCUSSION/ACTION ON RENEWAL OF LEASE AGREEMENT WITH CITY NATIONAL BANK FOR THE MUNICIPAL COURT OFFICE

The City of Sulphur Springs approved a lease agreement with City National Bank for the Municipal Court office at the January 8, 2002 meeting.  The lease agreement was approved for a three-year term and will expire February 1, 2005.  The only change to the lease agreement is the term and City National Bank requested that the term be for one year.  There was no one to speak to the issue.  Councilwoman Bryant made a motion to approve the one-year lease as presented.  Councilman Taylor 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 of Sulphur Springs advertised for bids for a 400 KW Portable Diesel Powered Generator with two 1200 amp manual transfer switches including installation to provide emergency power for the Water Treatment Plant and the Cooper Lake Pump Station.  (This item was previously bid but did not include installation and had to be bid again.)  We received the following bids:  Bentley Electric at $86,500; East Texas Power at $92,884; and H & H Electrical at $129,500.  The amount remaining from the Homeland Security Grant is $81,500.54.  If the City Council awards the contract to the apparent low bidder the city will not be reimbursed for the amount of $4,999.46.  Councilwoman Bryant made a motion to accept the apparent low bid from Bentley Electric in the amount of $86,500.  Councilman Taylor seconded the motion and the vote was unanimous.

DISCUSSION/ACTION ON AUTHORIZING THE ECONOMIC DEVELOPMENT CORPORATION TO EXTEND AN OFFER OF EMPLOYMENT FOR EXECUTIVE DIRECTOR

Councilman Taylor made a motion to authorize the Economic Development Corporation to extend a contract for employment for the Executive Director’s position.  Councilwoman Bryant seconded the motion and the vote was unanimous.

VISITORS/PUBLIC FORUM

Pat Chase introduced himself as a member of Ralph Hall’s staff.  They will maintain a local office effective January 20, 2005.

 John Odom, 1202 Lemon, is a local pastor and want to inquire as to what the City of Sulphur Springs’ vision for the future.  Mayor Brown explained to Mr. Odom that he should contact Johnny Vance, Director of Community Development, and review the Comprehensive Development Plan that outlines the current plan for future projects.

 ADJOURN

With all business complete the meeting adjourned at 7:40 p.m.