10/18/2004-CC-Minutes-RegularMINUTES: CITY COUNCIL,
OCTOBER 189 2004
PRESENT: Mayor- Tommy Kincaid, Councilman Andy Garza, Councilman Jimmy Evans,
Councilman Joe Higgs, Councilman Glenn Ervin, Councilman Mike Lawler
OTHERS
PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez,
Secretary Opal Nubine, Curtis Stringfellow, Greg Edwards, Johnny Looper,
Hilt Smith, Brande Serner, WastelWastewater Superintendent Eddie Branham,
Mike Prater, John Springer, Liz Springer, David Pennington, Rick Moran
1. Mayor Called Meeting to Order and Councilman Lawler led the Invocation, followed
by Councilman Evans leading the Pledge of Allegiance.
CONSENT AGENDA
2. a) Approve Minutes:
b� Disbursements
Motion made by Councilman Evans to approve Consent Agenda. Seconded by
Councilman Higgs. Motion carried unanimously.
3. Citizen's Input.
None,
4. Discussion with Osage Aggregates on Street Construction Project.
Curtis Stringfellow addressed City Council regarding the sewer line on Mr.
Minhinnett's .property. He indicated Osage put those sewer lines as marked by the
surveyor. He expressed that there have been some misunderstandings regarding this
project. He wanted the council to know that they did the work as indicated by the
survey.
Mayor proceeded to discuss the current street project and indicated that when Texas
Electric and Osage took the contracts, all they were provided with were aerial photos.
The contractorshad no way of knowing what to expect in regards to utility lines and_
drainage.
Councilman Ervin indicated that it was his understanding that the engineer did
everything in-house.
Councilman Evans expressed his opinion on how the majority of the people that
complained do not live in the area where the streets are done.
Mayor indicated that the council agreed to do this per instructions given by the City
Engineer at the time, Mark Owens. Council was advised at that time that the city
could get more streets done if the project did not have all the technical engineering fees.
The council all agreed. Both Texas Electric and Osage have done the best that they
could with what was provided. The Mayor indicated that he recommends that
drawings be acquired for Phases 2 and 3; it will make Osage's job much easier.
City Manager indicated that as long as we do not exceed 25% of the project cost a
change order request can be done.
Councilman Ervin indicated he felt that if the City was going to spend that kind of
money on the project then it needs to done right the first time.
Mayor closed discussion.
5. Consider and Possible Action to Approve Change Order for- Phase III of StreetlWater
Waste Water Project.
Jack addressed this City Council on this item. He advised council that they needed to
decide whether they wanted to advertise Phase HI of the street construction project or
to bid it out. The existing contract with Osage had to have some adjustments due to
fuel and material costs. The City Attorney has advised that Phase III can be extended
frith the existing contractor by issuing a change order. city Manager advised that if
they did decide to bid this out that the staff could prepare the bid package, there would
be cost involved; but staff could pursue in that direction if so. instructed. The change
order would not exceed 25% of the original project cost of Phase H.
Councilman Evans asked if there would be curb and gutter on some of the streets.
City Ntanager advised that some might have curb anti gutter.
Curtis String%llow with -Osage Aggregates advised council that some of the streets
would need to be replaced with curb and gutter to improve the drainage.
Councilman Ervin asked what information had been provided on the third phase.
Discussion followed regarding the streets that were being considered on Phase ffi.
City Secretary advised that staff had prepared a list and prioritized it according to the
funds available. Eddie Branham and John Henderson agreed on the priority of the list.
Council expressed the need to curb and gutter those streets. Mr. Stringfellow advised
that possibly they could do one street. at.a_ time._ He advised that_ the cost to d_o all of the
streets with curb and gutter could possibly reduce the number of streets that could be
done in the project.
Other issues discussed and addressed: drainage, funds, surveying and engineering,
priority of the streets. there were concerns as to the cost of the surveying. The more
in depth, the less monies available for the project. The engineer would walk the street
and determine if a topographical survey would have to bedone in regards to drainage
to eliminate any problems that may occur. The contractors would complete each street
before they move to the next street. This would keep tighter control on the funds. The
total cost of the change order would not exceed 25% of the original contract amount,
which is $1.1 million. The cost will not exceed $275,000.00.
The change order for the project was discussed. The streets in order of priority were
as follows: 7t` Street from Locust to Bolivar Street, 8`� Street from Willow to Cherry
Street, 9"' Street from Willow to Cherry Street, Wayne Street from Is to 3r Street, and
Utility Road. Osage will not begin another street unless advised by staff to proceed.
Staff and the Engineer will walk the streets to determine drainage needs; and surveys
will be performed. Funds will be monitored each time a street is completed.
i
Motion made by Councilman Evans to proceed with the Change Order with Osage in
the order of the priority list, as indicated by the Streets/Parks Superintendent and the
Water/Wastewater Superintendent. Seconded by Councilman Higgs. Motion carried
4 to 1 with Councilman Ervin voting no.
6. Consider and Possible Action on Bill Smith's Request for Sewer Tap on 807 Keaton.
Bill Smith, 425 Ashley Lane, Roanoke, Texas, addressed the council regarding the
sewer tap request at 807 Keaton Rd. Mr. Smith indicated that in 1995 he was annexed
into the city limits. He was asking council to consider the fee for the sewer tap at the
oid rate of s"s00.00 verses 552000.00 which is what the City charges at this time.
Discussion followed in regards to the sewer line that apparently Mr. Smith thought
had been eoineeMed to his property .
Motion. made by Councilman- Evans. far. Mr. Smith. to -pay the City the $3.00.00. for- the
sewer tap. Seconded by Councilman Ervin. Motion carried unanimously.
7. Consider and Possible Action on Agreement on Administrative Consultant Services
with Grant Works for the Park Grant.
City rXICtuly advised that the fee was not for Grant Works getting the Park Grant,
but for their -administrative and 'set-up fees.
Motion made. by Councilman Evans to approve. the.administrativeconsultant-services.
with Grant Works for the Park Grant. Seconded by Councilman Ervin. Motion
carried unanimously.
8. Consider and Possible Action Regarding Possible Changes to Ordinance #06-07-04 Fire
Alarms and Sprinklers for Commercial Buildings.
Fire Chief, David Pennington, addressed council concerning commercial buildings.
He indicated that he would like the ordinance to reflect that commercial buildings
500 square feet or larger must have a. sprinkler system throughout the attic_._ Fire
Chief indicated that only if the square footage is over 5000, is it required to have
sprinklers dropping down from the ceiling.
Motion made by Councilman Evans to approve the change in Ordinance #06-07-04 Fire
Alarms and Sprinklers for Commercial Buildings. Seconded by Councilman Lawler.
Motion carried unanimously.
9. Consider and Possible Action Regarding Possible Changes to Ordinance #02-03-04
Metal Buildings
Discussion
Motion .made by C".oUncilman Ervin to deny the request to make changes t0 Ordinance
#02-03-04 Metal Buildings. Seconded by Councilman Evans. Motion carried
unanimously.
10. Consider and Possible Action on a Preliminary Plat for Brooke Hill Village, being 14.7
'acres in the Henry Tierwester Survey. P-roperty is I+oeated South of Holt Road between
Keaton Road and the Service Road.
City Secretary advised that the Planning and Zoning Commission had approved this
item contingent open the stye-ets conforming with the subdivision regulations of 31 feet
back to back, all detention/retention issues be addressed to the City Engineer's
satisfaction, all downstream and drainage improvements comply with drainage plan and
meet City Engineer's requirements, and that both engineers work with
retention/detention issues on Lots 16. and 17 to- where there will be maintenance
supervision whether by deed restrictions or an agreed upon plan, and whether water
and sewer utilities needed to be under the street pavement.
Greg Edwards,_ 1621 Amanda Court,- Powder} Texas} addressed Council on all the issues.
indicated above.
The following issues were discussed: retention/detention ponds, private storm facility,
street aec�ssibility, and 1a�dsca.pe._ Coun&il discnssed fhat, the trees_ needed_ t�o, be tali�n
out from the curb and the sidewalk and that the utility lines be placed behind the curb.
Gregg Edwards advised that what they are anticipating to provide is a private storm
management facility or detention pond. The developer will maintain the facility.
Mayor indicated this needed to be in writing.
Mr. Edwards indicated that the drainage study is almost complete and will be
submitted with the final plat.
Lengthy discussion followed.
Motion was made by Councilman Higgs to approve the Preliminary Plat for Brooke Hill
Village, being 14.7 acres in the Henry Tierwester Survey with the following stipulations
that were discussed: streets to conform with our subdivision regulations 31 feet back
back, that the drainage study address all issues concerning private storm facility or
detention pond, the developer to provide an agreement concerning the maintenance of
the private storm facility or detention pond, that the trees be taken out from behind
the curb and sidewalk and that the utility lines be paced behind the curb. Seconded by
Councilman Lawler. Motion carried 3 to 2. Councilman Ervin and Councilman Evans
voted no.
11. Consider and Possible Action on Preliminary Plat for Copperfield Estates, Being 44.156
Acres in the J P.B. January Survey, Abstract #658. Property is Located off of F.M. 455.
Motion was made by Councilman Evans to deny the Preliminary Plat for Copperfield
Estates, Being 44.156 acres in the J.P.B. January Survey, Abstract #658. Seconded by
Councilman Lawler. Motion carried unanimously.
12. Consider and Possible Action on Nomination for Appraisal Review Board.
Motion was made by Councilman Evans to appoint Shirley Haisler to the Appraisal
Review Board. Seconded by Councilman Lawler. Motion carried unanimously.
13. Adjourn.
ATTES�:4 Zoe
Mayor mmy Kincaid
Rosalie Chavez. City