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11.12.1996 Town Council Minutes223 REGULAR CITY COUNCIL MEETING TUESDAY, NOVEMBER 12, 1996 CITY HALL - 109 S. MAIN STREET 7:00 P.M. THOSE PRESENT: MAYOR COFFMAN: COUNCILMEMBERS; JIM DUNMIRE, BILL NISEWANGER, RALPH BOYER, AND GRADY SMOTHERMON. CALL TO ORDER: MAYOR COFFMAN CALLED THE MEETING TO ORDER. CITIZENS COMMENTS: PAT CANGELOSI OF EAGLE COUNTRY ESTATES IN CELINA'S ETJ MET WITH THE COUNCIL ABOUT THE CONCERN HE HAD AFTER TALKING TO CELINA' S CITY MANAGER LARRY BARTLETT. LARRY INFORMED MR CANGELOSI THAT THE CITY HAD INTENTIONS TO ANNEX EAGLE COUNTRY ESTATES WITHIN THE NEXT SIX (6) MONTHS. PAT TALKED TO PROSPER'S CITY ATTORNEY, KAY WOODS, AND WAS TOLD THERE WERE PROVISIONS TO PREVENT THE ANNEXATION AND EVEN MOVE PROSPER'S E.T.J. LINES WHERE THEY ARE IN PROSPER'S JURISDICTION NOT CELINA. MAYOR COFFMAN TOLD MR CANGELOSI THE CITY WOULD CONVERSE WITH OUR ATTORNEY AND GET BACK WITH HIM. ACTION ON APPROVAL OF CONSENT ITEMS: MOTION BY BILL NISWANGER AND SECONDED BY JIM DUNMIRE TO APPROVE CONSENT ITEMS. MOTION CARRIED. ACTION ON APPOINTMENT OF COUNCILMEMBER PLACE 2: JIM DUNMIRE NOMINATED LARRY TRACY TO FILL THIS POSITION UNTIL MAY, 1997 ELECTION. GRADY SMOTHERMON MADE A MOTIONTO CEASE NOMINATIONS AND APPOINT LARRY TRACY BY ACCLAMATION, SECONDED BY RALPH BOYER. MOTION CARRIED. TOM PINGLETON. CITY AUDITOR - PRESENTATION OF CITY AUDIT FOR 1996: TABLED UNTIL THE DECEMBER, 1996 MEETING. PHIL COOPER - REPORT ON PROGRESS OF LOWERING SPEED LIMIT THRU PROSPER: PHIL. MET WITH THE COUNCIL ON A LETTER HE HAS WRITTEN ABOUT LOWERING SPEED LIMIT ON SH289 THRU PROSPER THE SCHOOL, P.T.O., AND SEVERAL BUSINESSES ARE WRITING LETTERS TO STATE REPRESENTATIVES REQUESTING ACTION ON THIS ISSUE. PHIL IS � ASKING THE CITY TO PARTICIPATE ALSO. RADEAN HERRON, TAX AIC - REPORT ON COLLECTIONS: RADEAN WAS PRESENT AND GAVE HER REPORT. REPORTED THAT CURRENT AND DELINQUENT ARE BOTH COMING IN GOOD. MOTION BY BILL NISWANGER AND SECONDED BY GRADY SMOTHERMON TO ACCEPT THE REPORT. MOTION CARRIED. ACTION ON REQUEST FROM PRESBYTERIAN CHURCH TO PLAY MUSIC ON OUTSIDE PA SYSTEM: CHRISTA DIXON, MINISTER OF THE PRESBYTERIAN CHURCH, ASKED THE COUNCIL FOR PERMISSION TO PLAY HYMNS ON OUTSIDE P.A. SYSTEM BEFORE WORSHIP AND ON SPECIAL OCCASIONS. THE CITY HAS NO PROBLEM WITH THIS REQUEST. ACTION ON APPROVAL OF ORDINANCE ESTABLISHING THE EDC: MOTION BY JIM DUNMIRE AND SECONDED BY BILL NISWANGER TO APPROVE THE ORDINANCE. MOTION CARRIED. (96-26) 224 ACTION ON APPROVAL OF ACCEPTING THE EDC BYLAWS: MOTION BY BILL NISWANGER AND SECONDED BY JIM DUNMIRE TO ACCEPT THE RESOLUTION ON THE EDC BYLAWS. MOTION CARRIED. RONNIE TUCKER -FIRE MARSHALL: A. ACTION ON APPROVAL 01� MUTUAL AID AGREEMENT WITH DENTON COUNTY: MOTION BY JIM DUNMIRE AND SECONDED BY BILL NISWANGER TO APPROVE AGREEMENT. MOTION CARRIED. B. ACTION ON DOWN PAYMENT OF FIRE TRUCK: MOTION BY RALPH BOYER AND SECONDED BY BILL NISWANGER TO PAY THE $40,000.00 DOWN PAYMENT ON THE FIRE TRUCK NOW. MAYOR COFFMAN WILL GET WITH RONNIE TUCKER AND DO THIS. MOTION CARRIED, DON WILLEY, BUILDING INSPE CTOR: DON GAVE A REPORT TO THE COUNCIL ON HIS MEETING WITH THE U.T.M. W.D. - DON FEELS THE CITY SHOULD PUT NO MORE MONEY IN AT THIS TIME FOR WHAT WE ARE GEI1 LNG. HE I "KS PROSPEK SHOULD NOT BEWME A PARTICIPATING MEMBER. COST OF THIS IS APPROXIMATELY $1500.00 YEARLY VERSUS $400.00 WE ARE NOW PAYING. DON REPORTED A PROPERTY OWNER IN RHEA MILLS ESTATES WANTS TO ERRECT A DETACHED BUILDING WITH DOORS OPENING TOWARD THE STREET. MAYOR TOLD BUILDING INSPECTOR TO TRY AND CHANGE THE DIRECTIONS OF THE DOORS ON THE BUILDING. ACTION ON APPROVAL OF THE PHONE AT SEWER PLANT: MOTION BY JIM DUNMIRE AND SECONDED BY GRADY SMOTHERMON TO HAVE PHONE INSTALLED IN LAB FOR LOCAL CALLS ONLY. ANY LONG DISTANCE CALLS ARE TO BE MADE FROM THE CITY HALL. TIM MORRIS - CITY ENGINEER: A ACTION ON APPROVAL OF AUTHORIZATION TO ADVERTISE FOR BIDS ON THE ELEVATED TANK, WATER LINES, AND NORTH SEWER LINE. THE BIDDING WILL BE DONE ON DECEMBER 4, 1990. MOTION BY BILL NISWANGER AND SECONDED BY JIM DUNMIRE TO AUTHORIZE ALL THREE (3) BIDS. MOTION CARRIED, B. NAME AND/OR LOGO ON ELEVATED TANK: TABLED. C. DISCUSSION ON CITY WATER & SEWER UTILITIES: TABLED. ` PHIL JOBE - STONE CREEK DEVELOPMENT: PHIL JOBE AND HIS ENGINEER MET WITH THE COUNCIL ON SOME THREE POINTS THEY CANNOT COME TO TERMS WITH THE CITY ENGINEER ON. I": MR. JOBE WANTS TO PUT THE UTILITY LINES UNDER THE CONCRETE STREET, NOT IN THE UTILITY EASEMENTS WHERE THE CITY ENGINEER WANTS THEM. THE COUNCIL TOLD MR. JOBE HE WOULD HAVE TO PUT THE LINES IN UTILITY EASEMENTS. 2': MR. JOBE WANTS TO POUR 5" CONCRETE STREETS VERSUS THE 6" OUR ORDINANCE CALLS FOR . THE COUNCIL TOLD MR JOBE HE WOULD HAVE TO POUR 6" CONCRETE STREETS. MR JOBE ALSO DOES NOT WANT TO USE LIME STABILIZATION ON THE STREETS. THE COUNCIL TOLD MR. JOBE HE WOULD HAVE TO USE LIME STABILIZATION. 225 3"': MR- JOBE WANTS TO PROVIDE THE COUNCIL WITH A SET ASIDE LETTER VERSUS A BOND, COUNCIL AGREED WITH THIS REQUEST. COUNCIL WENT INTO EXECUTIVE SESSION AT 8:50 P.M. COUNCIL CAME OUT OF EXECUTIVE SESSION AT 9:50 P.M. MOTION BY BILL NISWANGER AND SECONDED BY RALPH BOYER TO HAVE ATTORNEY WRITE A LETTER TO V.C. SPRADLEY ON THE CHARGES FILED AGAINST HIM BY JUDY MIDKIFF. MOTION CARRIED. ADJOURNMENT: MOTION BY RALPH BOYER AND SECONDED BY BILL NISWANGER TO ADJOURN. CARRIED. MAYOR CITY SECRETARY,� I,