City Council July The regular meeting of the Mayor

Document Sample
City Council July The regular meeting of the Mayor Powered By Docstoc
					City Council
July 19,2004

The regular meeting of the Mayor and City Council of the City of Waxahache was held on
Monday, July 19, 2004 at 7:OO p.m. in the Council Chamber at City Hall, 401 South Rogers,
Waxahachie, Texas.

               Members Present:    Joe Jenkins, Mayor
                                   Jay Barksdale, Mayor Pro Tem
                                   Chuck Beatty, Councilman
                                   Ron Ansell, Councilman
                                   Ron Wilkinson, Councilman

               Others Present:     Robert W. Sokoll, City Manager
                                   Paul Stevens, Assistant City Manager
                                   Nancy Ross, City Secretary
                                   Steve Chapman, City Attorney



Mayor Joe Jenkins called the meeting to order and Councilman Chuck Beatty gave the
invocation.



CONSENT AGENDA:

       a.      Minutes of regular City Council meeting of July 6,2004
       b.      Minutes of regular Planning & Zoning Commission meeting of July 14,2004
       C.      Minutes of Tax Increment Financing Reinvestment Zone meeting of July 1,2004
       d.      Monthly Violation Activity Statistics for June 2004
       e.      Police Monthly Activity Report for June 2004
       f#      Building Report for June 2004
       g.      Financial Report for June 2004
       h.      Set City Council meeting dates in September for September 7 and September 20,
               2004

Mayor Joe Jenkins explained the July 6,2004 City Council minutes reflect h s niece fiom Austin
being present at the meeting and should have been his daughter, Merrimac Jenkins.

Mavor Pro Tem Jay Barksdale moved approval of Items a. thru h. on the Consent Agenda as
listed above with the change to the Julv 6’h Citv Council minutes as stated above. Councilman
Chuck Beatty seconded, All Aves.



Mayor Joe Jenkins read the following Proclamation proclaiming August 3, 2004 as ‘‘National
Night Out”:

                                     PROCLAMA TION

               WHEREAS, the National Association of Town Watch (NATW) is
       sponsoring a unique, nationwide crime, drug and violence prevention program on
       August 3, 2004 entitled “National Night Out”; and
               WHEREAS, the “21st Annual National Night Out” provides a unique
       opportunity for Waxahachie to join forces with thousands of other communities
       across the country in promoting cooperative, police cornunity crime prevention
       efforts; and
               WHEREAS, it is essential that all citizens of Waxahachie be aware of the
       importance of crime prevention programs and the impact their participation can
       be on reducing crime, drugs, and violence in Waxahachie; and
               WHEREAS, police community partnerships, neighborhood safety,
       awareness and cooperation are important themes of the “National Night Out”
       program;
City Council
July 19,2004
Page 2

              NOW, THEREFORE, I do hereby call upon all citizens of Waxahachie to
       join the City of Waxahachie and the National Association of Town Watch in
       supporting the “21st Annual National Night Out” on August 3,2004.
              FURTHER, LET IT BE RESOLVED THAT, I do hereby proclaim
       Tuesday, August 3,2004 as
                                “NATIONAL NIGHT OUT”
       in the City of Waxahachie.

Police Chief Bobby Whitmire stated we want the City of Waxahachie to grow; however, we do
not want the crime rate to grow. One way we can prevent that from happening is to get citizens
and merchants involved.

Mayor Joe Jenkins read a letter from Alfred and Jackie Mims commending the work of Chief
Whitmire and Police Staff for the department’s attention to their neighborhood. It was noted
within the past six months they had seen a drastic difference in the time a unit responds to a call.
They expressed appreciation to the department for keeping Waxahachie a safe place to live.



Mayor Joe Jenkins opened the Public Hearing on Zoning Amendment Request No. 2004-31, a
request by Tony Martin, AFM Realty, to change the zoning on a total of 136.597 acres in the
A.W. Brown, Henri Sange and James Starrett Surveys on Tract 1 (31.125 acres) fkom Single
family-1 (SF-1) to General Retail (GR) and Tract 2 (105.445 acres) from Single family-1 (SF-1)
to Single family-2 (SF-2), located East of North Highway 77 and South of Grove Creek Road.
(ZA2004-31)

Mr. Tony Martin, 5 13 Sycamore Street, representing Waxahachie Joint Venture, explained
having the zoning in place would allow them to continue with future planning of this area. He
noted they proposed the highway fi-ontage to be General Retail with the property behind it being
Single family-2.

Councilman Ron Ansell asked how the Single family-2 would help his future planning. Mr.
Martin explained there is no market for SF-1 lot sizes and land costs are rising tremendously in
this area.

There being no others to speak for or against the zoning request Mayor Joe Jenkins declared the
Public Hearing closed.

Councilman Ron Ansell stated he understood the City should facilitate in helping these
developers, however, we normally see a plan for the area. He expressed concerns with giving up
the SF-1 zoning and not being able to go back to it. Councilman Wilkinson stated he concurred
and when a plan is in place, the City could proceed with considering the plan and the zoning at
that time.

Mr. Sanford Smith pointed out because of the power lines and easement this is not as desirable as
some areas for single-family housing.

Councilman Ron Wilkinson asked if the studies that were conducted were available for review.
Mr. Martin explained studies were done by contacting various builders and compiling
information. He noted the reason for not submitting a land plan is because they needed the
zoning in place before preparing a land plan since they would need to know the size of lots.

There being no others to speak for or against the zoning request Mayor Joe Jenkins declared the
Public Hearing closed.

City Attorney Steve Chapman read proposed Ordinance No. 225 1.

                                     ORDINANCE NO. 2251

        AN ORDINANCE CHANGING THE ZONING ON 136.597 ACRES
        LOCATED EAST OF NORTH HIGHWAY 77 AND SOUTH OF GROVE
        CREEK ROAD IN THE A.W. B R O m , HENRI SANGE AND JAMES
        STARRETT SURVEYS, CITY OF W W I U C H I E , ELLIS COUNTY, TEXAS,
City Council
July 19,2004
Page 3

       FROM SINGLE FAMILY-1 (SF-1) TO GENERAL RETAIL (31.125 AC.)
       AND FROM SINGLE FAMILY-1 (SF-1) TO SINGLE FAMILY-2 (105.445),
       FOR RESIDENTDL AND GENERAL RETAIL USES, AND BEING
       FURTHER DESCRIBED ON EXHIBIT “A”, AND ORDERING THE
       CHANGING OF THE ZONING MAP THEREOF IN ACCORDANCE WITH
       SAID CHANGE.

Councilman Chuck Beattv moved approval o f Ordinance No. 2251 as read. Mayor Pro Tern
Jay Barksdale seconded. The vote was as follows:

                      Ayes                   Joe Jenkins, Mayor
                                             Jay Barksdale, Mayor Pro Tern
                                             Chuck Beatty, Councilman

                      Noes                   Ron Ansell, Councilman
                                             Ron Wilkinson, Councilman

                      Abstaining      :      None

The motion carried.



Mr. Jerry Potter, 632 Grove Creek Road, explained he owned 32 acres in the City’s
extraterritorial jurisdiction and he was requesting approval of the Preliminary Plat to subdivide
the 65.014 acres into four (4) lots. The County considers his lot a flag lot and they are requesting
his driveway be dedicated as a public County road.

Afler a brief discussion, Councilman Ron Ansell moved approval o f the Preliminarv Plat o f
Dawn Estates, being 65.014 acres in the E. R. Balch Survev, located North and East o f
Broadhead Road at 1070 Broadhead Road in the Citv’s ETJ owned bv Jerrv R. Potter
fPLM2004-42) subject to comvliance with stipulations o f Planning & Zoning Commission
meeting o f Julv 14,2004. Councilman Ron Wilkinson seconded, All Aves.



Fire Chief David Hudgins explained East Texas Medical Center Emergency Medical Services is
requesting an increase in the subsidy for the next contract year based on changes in the
Consumer Price Index. In a letter fiom East Texas EMS, the most recent CPI level published by
the Bureau of Labor Statistics for May 2004 is 189.1 which represents a 3.1% increase for the
12-month period then ended. He noted this amount is included in the budget with an annual
increase fiom $95,965.00 to $98,940.00.

Councilman Chuck Beattv moved approval o f the request from East Texas Medical Services
for an increase in subsidv as called for in the EMS Contract. Mayor Pro Tem Jay Barksdale
seconded, All Aves.



Fire Chief David Hudgins reported only one (1) bid was received from Storm Sirens, Inc. in the
amount of $56,925.00 for the purchase of five (5) additional warning sirens for the City to be
paid for with bond funds. The sirens will be placed at the Sports Complex, Butcher
RoadShackelford Elementary, South side of Lake Waxahachie, Scout Cabin in Chapman Park
(replacement) and YMCA Drive & Highway 77 North.

Councilman Ron Ansell moved approval o f awarding the bid for warning sirens for
Emergencv Management to Storm Sirens, Inc. in the amount of $56925.00. Councilman Ron
Wilkinson seconded, All Aves.



Mi-. David Bailey, Director of Utilities, presented the following bids received for the 2004 Water
Line Improvements:
City Council
July 19,2004
Page 4


       BIDDER                                              AMOUNT OF BID
       Circle H Contractors, LP                              $343,174.25
       JS Constructors, Inc.                                 $473,925.00
       Patco Utilities, Inc.                                 $568,546.88
       Battson Contracting Co., Inc.                         $639,187.00

Mr. Bailey explained the water line improvements would be included in the following streets:

       1.      Dunn Street - Marvin to Center
       2.      Martha Street - Kirven to East University
       3.      Highway 77 - Center to Lynn
       4.      Ross Street - Cynisca to East University

Mavor Pro Tem Jav Barksdale moved the bid for the 2004 Water Line Improvements be
awarded to Circle H Contractors LP in the amount of $343.1 74.25. Councilman Ron Ansell
seconded, All Aves.



City Attorney Steve Chapman discussed with the Council a proposed contract for improvements
to the Waxahachie Youth Baseball Field on the Optimist Club land. He explained youth baseball
has been operating on the Optimist Club fields for a number of years and they are requesting the
City help with much needed improvements. He pointed out the State Statutes does prohibit
public funds being used for non-profit groups such as the Optimist Club, however, services
rendered could be an option. Mr. Chapman stated that he would normally want the City to give a
certain amount per year, but they are requesting the work be done right now. City Manager
Sokoll stated he felt the City would want to stay with an amount of a $250,000 range to spend on
the improvements.

Mr. Scott Allred, 1206 North Sharpshire, noted the way the agreement is worded they had no
problems with it and hopefidly they could grow and expand the facilities someday.

Mr. Rick Keeler, 102 S u e r Lane, stated he felt the $250,000 would be adequate to bring the
fields up to standard. This amount would mitigate the responsibility to add more fields within
the 10-year contract time.

Mr. John David Smith asked who would be conducting the bidding process. City Manager
Sokoll stated it would be better for the City to do the bidding since it is taxpayers’ money,
however, they would be getting input fiom the Optimist group to see what they want. It was
requested that John Smith proceed forward with the details and place this item on the next City
Council agenda for consideration and formal action.



Mr. Sonny Wilson, Director of Environmental Health, discussed the following changes proposed
in the Animal Control Ordinance:

                    The following outlines the proposed changes in the animal control
       ordinance. The sections were reorganized to make the ordinance easier to follow.
       Additions:   Section 6-4. Females animals in heat
                    Section 6-6. Disposition of injured or ill animals
                    Section 6-9. Animals which cause annoyance (added meowing)
                    Section 6-16b & c. Dogs running at large prohibited (added
                    requirements for sick and injured animals running at large and re-
                    vaccination requirements)
                     Section 6-18. Defecation of dogs on public and private property
                     Section 6-33. Multiple ownership of dogs and cats
                     Section 6-43. Livestock (added pennit requirements, at no cost,
                     for registration purposes)
City Council
July 19,2004
Page 5

       Changes:

                                         Current Ord.                 Proposed Ord.
       Section 6-33 Multiple ownership   Limits # of dogs to 4        Limits # of dogs/
                                         No limit on cats             cats to 4 any combination
                                                                      on lots less than 1 acre;
                                                                      limits # of dogslcats to 7
                                                                      any combination on lots
                                                                      more than 1 acre

       Section 6-34 Kennels              Permit Fee - $5.00           Permit Fee - $50.00

       Section 6-48 Fowl and Rabbits     1. Less than 10 fowl to      1. Less than 2 fowl or
                                         25 feet from adjacent        rabbits to 25 feet from
                                         property                     adjacent property
                                         2. 10 or more fowl to        2.2 OT more fowl or
                                         100 feet from adjacent       rabbits to 75 feet from
                                         Property                     adjacent property

       Section 6-76 Keeping of Swine     Miniature pig not included   Will include miniature pig

       Section 6-78 Wild animals and     1. Only covers certain       1. Will include venomous
               Venomous Reptiles         prohibited wild animals      reptiles along with wild
                                         2. Does not cover tailed     animals
                                         monkeys                      2. Will include spider
                                                                      monkeys and lemurs

       Section 6-83 Adoption Fees        Puppies - $10.00             Puppies - $15.OO
                                         Adult Dogs - $20.00          Adult Dogs - $25.00
                                         Cats & Kittens - NIA         Cats & Kittens - $15.00
                                         Rabies Vaccine - $8.00       Rabies Vaccine - $12.00

       Section 6-84 Impound Fees         Board per day - $4.00        Board per day - $5.00

After a brief Iscussion, it was the consensus of the Council to place this item on the next City
Council meeting for consideration.



Mayor Joe Jenkins explained a number of downtown merchants had called requesting some
regulations on skate boarding due to safety and damage to property. Mr. Michael Scott,
Downtown Executive Director, presented a sample ordinance fi-om the City of Denton
prohibiting skateboarding, roller skating and roller blading in specific areas in the business
district and other areas that were posted.

Mr. John Smith stated various cities in the area are going with skate parks both public and
private. Councilman Ron Ansell asked Mr. Smith if he had any figures on what the cost of a
skate park would be. Mr. Smith noted a skate park would be somewhere in the range of
$100,000 to $150,000. A speech teacher in attendance stated students give their speeches on not
having a place to skate board and she felt the City should support these children by providing
them a place to skate.

Councilman Ron Wilkinson stated he felt the City should proceed with preparing an ordinance
for the downtown area since skateboarding is such a danger.

Mrs. Shirley Williams, Central Presbyterian Church, commented they had problems with
skateboarding and would like to post a sign to keep off the property.

After further discussion, it was the consensus of the Council to proceed further on preparing an
ordinance prohibiting skateboarding, roller skating and roller blading.



City Manager Bob Sokoll reported he, Mayor Joe Jenkins and Councilman Ron Ansell had met
on July 13th for the purpose of discussing the American Centurion proposal to form Public
Improvement and Tax Increment Financing Districts on a 500-acre tract of land located East of
U.S. Highway 287 Bypass. It was the unanimous recommendation to deny the request to form a
Tax Increment Financing District (TIF) and to allow American Centurion to form a Planned
City Council
July 19,2004
Page 6

Development District (PID) if they so wished. The PID would pay for swimming pools, tennis
courts, etc. Mayor Jenkins pointed out the three of them were not representing the entire City
Council on this issue.



Mr. Carl Wessels, Director of Finance, stated each of the Council had received a copy of the
proposed budget for the fiscal year 2004-2005. The City Charter requires the City Manager to
prepare a budget for Council consideration. He requested the Council set a date to have a
worksession on the budget. After the worksession is held, a Public Hearing on the tax rate would
be held. Mr. Wessels stated information on the rollback amount would be available next
Monday.

It was the consensus of the Council to hold the worksession on the budget on Monday, August 2,
2004 at 5:30 p.m.



CITIZENS’ PETITIONS & REOUESTS

Mr. Earl Wheaton, 115 Elder, requested sidewalks on Aiken and Munchus Streets. City
Manager Sokoll explained the City does not have funds in the plans for additional sidewalks at
the present time. Mr. Wheaton pointed out they were having a lot of problems with mosquitoes
on the East side of the City. Mr. Sonny Wilson noted his department is spraying in six (6)
quadrants of the City to help in the control of mosquitoes.

Mr. Sanford Smith, Building & Development Director, advised that Ernest Doyon, owner of the
building proposed for the Triple XXX business has advised his realtor to list the building and
property for sale for him, therefore, there will not be a business of this type at the location on
I35E.



Mr. Paul Stevens, Assistant City Manager, announced a meeting of the Regional Rail Corridor
Study Committee will be held on Tuesday, August 3,2004 in the Council Chamber at City Hall
and encouraged those interested citizens to attend.

Councilman Ron Ansell commented it was good to have so many concerned citizens in
attendance at the City Council meeting.

Councilman Ron Wilkinson commented he was happy to see people interested in youth baseball.
He stated it was his feelings the City needs to concentrate on building a Senior Citizens Center.



Mayor Joe Jenkins entertained a motion for adjournment. Councilman Ron Ansell moved the
meeting adjourn at 8 5 7 p.m. Councilman Ron Wilkinson seconded, All Aves.

Respectfully submitted,

Nancy Ross
City Secretary