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05.10.1994 Town Council Minutes121 REGULAR CITY COUNCIL MEETING TUESDAY MAY 10, 1994 CITY HALL - 109 SOUTH MAIN STREET 7:05 P.M. THOSE PRESENT: MAYOR SMOTHERMON: COUNCILMEMBERS; MIKE DALTON, DON BROWN, BILL CROSSWHITE AND RALPH BOYER. CHARLES BELL WAS ABSENT. CALL TO ORDER: MAYOR SMOTHERMON CALLED THE MEETING TO ORDER APPROVAL OF MINUTES: MOTION BY RALPH BOYER AND SECONDED BY DON BROWN TO APPROVE THE MINUTES FROM THE APRIL, 1994 MEETING AS WRITTEN. MOTION CARRIED. APPROVAL OF FINANCIAL REPORT & BILLS: MOTION BY RALPH BOYER AND SECONDED BY BILL CROSSWHITE TO APPROVE THE FINANCIAL REPORT FOR THE MONTH ENDING APRIL 30, 1994 AND APPROVE THE BILLS FOR PAYMENT. MOTION CARRIED. RADEAN HERRON, TAX A/C - REPORT OF TAX COLLECTIONS FOR MONTH ENDING APRIL 30, 1994; RADEAN WAS PRESENT FOR THE MEETING AND GAVE HER REPORT TO THE COUNCIL. SHE HAS COLLECTED APPROXIMATELY 95% OF THE CURRENT YEAR TAXES. CONSIDERATION AND POSSIBLE ACCEPTANCE OF "RAEWOOD ON PRESTON" SUBDIVISION: TIM MORRIS, CITY ENGINEER, REPORTED TO THE COUNCIL THAT HE HAD INSPECTED THE SUBDIVISION AND THAT IT VIRTUALLY CONFORMED TO OUR ORDINANCE. RICHARD ABERNATHY, CITY ATTORNEY, WAS PRESENT AND APPROVED THE ESCROW AGREEMENT AND INDEMNITY AND THE CERTIFICATE OF DEDICATION. HOWEVER, THE MAINTENANCE BOND WAS ONLY A COPY AND HE REQUESTED AN ORIGINAL, SIGNED WITH SOME RE -WORDING. MOTION BY RALPH BOYER AND SECONDED BY MIKE DALTON TO ACCEPT "RAEWOOD ON PRESTON" SUBJECT TO ORIGINAL BOND BEING SIGNED AND SOME REWORDING AND APPROVED BY CITY ATTORNEY. MOTION CARRIED. DISCUSSION & POSSIBLE ACTION ON CITY BUILDING LOCATED AT 113 WEST BROADWAY: NO ACTION WAS TAKEN ON THIS AGENDA ITEM. CITY ATTORNEY WILL WRITE A LETTER TO THE CITY TELLING US PROCEDURE TO FOLLOW. OPENING OF BIDS ON CITY OWNED LOT LOCATED AT 509 EAST EIGHTH STREET: THE CITY RECEIVED ONE (1) BID ON THE LOT OPENED BY MAYOR SMOTHERMON. THE BID WAS FROM TRENT LOWRANCE AT $9,500.00 WITH THREE (3) STIPULATIONS 1. PRIOR TO THE ACTUAL SALE OF THE PROPERTY, THE LOT BE CLEANED U4 AND REMOVE CONCRETE AT THE REAR OF THE LOT. CITY RESPONSIBILITY. 2. ALL RESTRAINTS, LIMITATIONS, AND CONDITIONS FOR PROPERTY IMPROVEMENTS BE REMOVED WITH THE EXCEPTION OF NORMAL EASEMENTS AS REQUIRED BY CITY. 3. AFFIRMATION THAT THE LOT IS ZONED FOR RESIDENTIAL USE. MOTION BY RALPH BOYER AND SECONDED BY DON BROWN TO ACCEPT THE BID AND USE THE MONEY TOWARD THE PURCHASE OF LAND FOR AN OVERHEAD STORAGE TANK. MOTION CARRIED. CONSIDERATION AND POSSIBLE ACTION ON ORDINANCE APPROVING REZONING FOR DAVID BARNES: MOTION BY BILL CROSSWHITE AND SECONDED BY MIKE DALTON TO APPROVE ORDINANCE #94-05 GRANTING THE REZONING. MOTION CARRIED. LEE LAWRENCE WITH SOUTHWEST CONSULTANTS: MR. LAWRENCE MET WITH THE COUNCIL ON THE POSSIBILITY OF APPLYING FOR A GRANT FOR THE CITY TO BUILD AN OVERHEAD STORAGE TANK. THE FIRST STEP OF THIS PROCESS IS TO DO A SURVEY OF THE CITY TO SEE IF WE QUALIFY TO APPLY FOR THE GRANT. MOTION BY MIKE DALTON AND SECONDED BY RALPH BOYER TO HIRE MR. LAWRENCE AT A FEE NOT TO EXCEED $600.00 TO DO THE SURVEY ON LOW TO MODERATE INCOME FIGURES. CARRIED. PAGE 2 JAMES HARRINGTON WITH HARRINGTON ENGINEERS - CONSIDERATION AND ACTION ON REQUEST FOR STREET WIDTH REDUCTION ON SUBDIVISION WITHIN CITY'S ETJ: MR. HARRINGTON WAS TOLD BY THE COUNCIL, THE CITY ENGINEER AND THE CITY ATTORNEY THAT THE SUBDIVISION WOULD HAVE TO CONFORM TO COUNTY & CITY REQUIREMENTS. THEY MUST FOLLOW PROVED- URES FROM THE ORDINANCE BOOK AND WORK WITH OUR CITY ENGINEER. NO ACTION WAS TAKEN BY THE COUNCIL. DISCUSSION AND ACTION ON FURNITURE FOR COUNCIL MEETING ROOM: NO ACTION WAS TAKEN BY COUNCIL. CITY SECRETARY WAS TOLD BY COUNCIL TO PICK OUT AND PURCHASE THE FURNITURE. REPORT FROM COMMITTEE APPOINTED BY MAYOR ON LAND USE REQUEST FROM BUDDY ARCHER AT APRIL, 1994 MEETING: AT THE APRIL, 1994 MEETING THE MAYOR HAD APPOINTED A ('OMMTTTEF OF THREE ( 3i Tn DECIDE ON THE RFQiTFST FROM RTTTITIY ARrHF.R , THE COMM- ITTEE REPORTED BACK TO THE MAYOR THAT IF MR. ARCHER DEVELOPES OR SELLS OFF THE LAND HE WILL HAVE TO CONFORM TO OUR SUBDIVISON ORDINANCE AND WORK WITH OUR CITY ENGINEER, MR. TIM MORRIS. DISCUSSION AND ACTION ON REPLACEMENT OF SEWER LINE ON WEST SECOND STREET: THE SEWER LINE ON WEST SECOND FROM COLEMAN TO CROCKETT BEING APPROXIMATELY 700 FEET WILL COST ABOUT $14.50 PER FOOT TO REPLACE. MOTION BY MIKE DALTON AND SECONDED BY RALPH BOYER TO PUT IT OUT FOR BIDS. MOTION CARRIED. CANVASS VOTES FROM MAY 7th, 1994 GENERAL CITY ELECTION: THE TALLY SHEETS WERE GONE OVER BY THE MAYOR AND COUNCIL, THE RESULTS ARE AS FOLLOWS: MIKE DALTON 93 VOTES RALPH BOYER 95 VOTES STEPHEN COFFMAN 90 VOTES V.C. SPRADLEY 83 VOTES DON BROWN 93 VOTES MOTION BY DON BROWN AND SECONDED BY BILL CROSSWHITE TO ACCEPT VOTES AS COUNTED. MOTION CARRIED. ASCOT CUSTOM HOMES -REQUEST FOR SIDE SET BACK VARIANCE IN NORTHCHASE ESTATES: MOTION BY RALPH BOYER AND SECONDED BY DON BROWN TO GIVE A VARIANCE TO USE 10% INSTEAD OF 10 FOOT SIDE SET BACK ON THE REMAINING LOTS IN NORTHCHASE OWNED BY ASCOT CUSTOM HOMES. MOTION CARRIED. ADJOURNMENT: MOTION BY RALPH BOYER AND SECONDED BY MIKE DALTON TO ADJOUR. MOTION CARRIED. CIT SECRE RY