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MIN CC 11/15/2007Ir- CITY COUNCIL MEETING of NOVEMBER 15, 2007 BOOK "U" 74 INUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 15TH DAY OF NOVEMBER, 2007, IN THE ITY HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 11:30AW. he Council met in a special session with the following members present: OUNCILMEMBERS: J. Turner, Wayne Barrett, Jack Choate, Mickey S. Evans, Melissa Mahaffey, Jim Willett, and Dalene ender FFICERS: Kevin Evans, City Manager; Stephanie Brim, City Secretary; and Thomas A. Leeper, City Attorney BSENT: Clarence Griffin and Mac Woodward SPECIAL SESSION ALL TO ORDER (11:30am] Mayor Turner called the meeting to order. LEDGE OF ALLEGIANCE to US and TEXAS FLAGS, INVOCATION ouncilmember Barrett led the invocation. PRESENTATIONS 3. Proclamation No. 2007 -34, Home Health & Hospice Month, accepted by Sherri Ballard of Amedisys, Inc. 3. Proclamation No. 2007 -35, Marilyn Louther Day, accepted by Marilyn Louther. PUBLIC HEARING to receive comments on Ordinance 2007 -11 -15.1, to tax tangible personal property in transit, which would iherwise be exempt pursuant to Tax Code Section 11.253. o comments were received. PUBLIC COMMENTS (Agenda Items Only) an Philli s. Mr. Phillips commented on the proposed sale of City property located at 902, 906 and 908 Avenue H, requesting hat (1)restrictive covenants be changed to twenty years, (2) that the minimum square footage requirement for the homes to e built be eliminated; and (3) that the City waive the water and sewer tap fees for these properties. John Wa amon. Mr. Wagamon commented at length on the minutes of the April 24, 2007 meeting, specifically on the wording egarding Councilmember Woodward's abstention. ONSENTAGENDA i. Consider minutes of April 24, 2007. After discussion of several alternatives. Councilmember Choate moved to table approval of the minutes of April 24, 2007. and Councilmember Evans seconded the motion. The motion passed 6 -1 with Councilmember Mahaffey voting against. STATUTORY AGENDA 3. Approve Resolution 2007 -11 -15.1, canvassing the returns ofthe Election held on the 6th dayof November2007, forthe purpose of "the issuance of $2,150,000 in tax supported general obligation bonds for the construction, acquisition, improving and equipping a new fire station to serve the portion of the City east of Sam Houston Avenue," as presented by Stephanie Brim, City Secretary. Councilmember Zender moved to approve Resolution 2007 -11 -15.1 canvassing the returns of the Election held on the 6th day of November 2007 for the purpose of "the issuance of $2,150,000 in tax supported general obligation bonds for the construction, acquisition improving and equipping a new fire station to serve the portion of the City east of Sam Houston Avenue:' and Councilmember Mahaffey seconded the motion The motion passed 7 -0. Approve Ordinance 2007 -11 -15.1, to tax tangible personal property in transit which would otherwise be exempt pursuant to Tax Code Section 11.253, as presented by Winston Duke, Director of Finance. Presently, the City taxes for goods -in- transit as had been provided by established law. The 800 Texas legislature enacted HB 621 to take effect January 1, 2008 which added tax code Section 11.253 to exempt from taxation certain tangible personal property held temporarily at a location in this state for assembling, storing, manufacturing, processing, or fabricating purposes ( "goods -in- transit ") which property has been subject to taxation in the past. Tax Code Section 11.253 Q) as amended allows the governing body of a taxing unit, after conducting a public hearing, to provide for the continued taxation of such goods -in- transit. Per Chief Appraiser, approximately $500,000 is subject to be taxed; J CITY COUNCIL MEETING of NOVEMBER 15, 2007 BOOK "U" 75 however, total future impact is currently unknown. motion The motion passed 7 -0. C. Authorize the City Manager to execute the lnterlocal Cooperation Agreement for Services with Walker County Appraisal District and approve funding of the computer /software transition monies of $19,104 from budgeted funds, as presented by Winston Duke. Currently, the City owns and maintains two (2) personal computers and three (3) copies of GIS software for use by WCAD. This agreement will transfer all responsibilities concerning computers and software over to WCAD. The City will provide $19,104 of computer and software monies in order to help the transition of responsibilities over to WCAD. A detailed list of the computer equipment and software is shown within the attached agreement. Currently, the City is spending approximately $5,600 per year on software licensing and computer support. The agreement clarified language regarding the duties of the Tax Collector and publication of tax notices. This agreement was discussed with the Finance Committee on October 25, 2007. d. Authorize the City Manager to enter into a construction contractwith Doughtie Construction Company, Inc. in an amount not to exceed $23,521.11 for the construction of the Barnes Subdivision Sewer Project to be funded from budgeted project funds, as presented by Steve Stacy, P.E., Director of Public Works. This project was one of several considered forfunding through the Unserved /Underserved (U /U) program that has been a Council commitment to provide City utility services to all homes within the City limits. Currently, this is the only residence within the subdivision that does not have City wastewater service. The home that will be served has an on- site sewer system that does not function properly. Bids were received and opened on October 24, 2007, and are tabulated as follows: ' CONTRACTOR BID AMOUNT Doughtie Construction $23,521.11 Grisham Construction $29,529.74 SLC $79,613.39 Originally, $63,500 was budgeted for the project. Construction costs were estimated to be $45,387.50 and the remainder to be used for outside engineering consultant services. The project was instead designed by City staff and the original sewer route shortened due to the purchase of the Breston Property thatwas purchased as part of the TP &W grant project (for Eastham- Thomason Park). This allowed approximately 288 linear feet and 4 manholes to be eliminated from the project which resulted in a significant cost savings. passed 7 -0. e. Sale of City property located at 902, 906 and 908 Avenue H, as presented by Stan Hamrick, AICP, City Planner. In December 2001 the City purchased the above property for $18,000 to aid in an affordable homes project that never came to fruition. After a period of time, Council began discussing options for continuing the project. It was decided that the best option was to prepare the property and put it out for bid to build affordable housing. On City Council's directive a residential plat has been prepared for the subject property along with associated property restrictions and residential zoning. This process made the lots "ready" for residential development and helped to lessen the cost of building homes. Currently, the City has spent approximately $2,000 in time and expenses preparing the property for sale. Bid awards should be based on the offers that, "adds value to the property, provides affordable housing opportunities to citizens and is determined to be in the best interests of the City." Deed restrictions were made available to the Council for the meeting upon request by Council member Zander. f. Approve the purchase of four /,ton pickups and two' /. -ton pickups from Planet Ford in the amount of $85,160.00 and two % ton pickups from Philpott Motors in the amount of $32,063.64 from budgeted funds, as presented by Debby ' Mikulin, Purchasing Agent. ^ In the 2007 -08 fiscal budget, funds were approved to purchase six % -ton pickups and two' /. -ton pickups. All the vehicles except one % -ton truck were approved as replacement vehicles through the equipment replacement program. One % -ton truck is being purchased for a new position. Bids were received for these items. g. Approve the purchase of one solid waste live Floor trailer from Travis Body & Trailer in the amount of $49,775 including the trade -in of one 1994 McClain trailer, as presented by Debby Mikulin. CITY COUNCIL MEETING of NOVEMBER 15, 2007 BOOK "U" 76 Unit 724 which has been used as a back -up solid waste transfer trailer was placed into non - operational status ir May 2007 due to substantial fatigue and deterioration to major beam supports throughout the base of the trailer. It wa determined during budget workshops to purchase anew aluminum transfer trailer. A 1999 model trailer currentlybein used will move into back -up status for the transfer trailers. The expenditure fora new 48 -foot aluminum solid waste liv floor transfer trailer was approved in the 2007 -08 fiscal year budget. Bid solicitations were sent to thirteen prospective bidders. Four bids were received. Councilmember Mahaffey moved to approve the purchase of one solid waste live floor trailer from Travis Body Trailer in the amount of $49,775 including the trade -in of one 1994 McClain trailer, and Councilmember Zende seconded the motion. The motion passed 7 -0. Approve the purchase and installation of self priming centrifugal pumps for the Highway 190 and Brook Hollow li stations from Pump and Power not to exceed $35,409 to be purchased from budgeted funds, as presented by Billi Smith, Warehouse /Purchasing Buyer. During the FY 2007 -2008 budget discussion, the City Council was presented for their approval a supplementa request for replacement pumps for two lift stations. The current pumps have been in place for over seventeen (17) year and the casings of the pumps are worn and nonrepairable. With the replacement pumps being installed the probability o Sanitary Sewer Overflow (SSO) due to pump failure is reduced. The purchase of new pumps could reduce thi possibility. Should SSO occur subsequent fines from the Texas Commission on Environmental Quality (TCEQ) may b assessed. Sealed bid proposal requirements were established Councilmember Barrett moved to approve the purchase and installation of self priming centrifugal pumps for th Highway 190 and Brook Hollow lift stations from Pump and Power not to exceed $35,409 to be purchased fronr budgeted funds. and Councilmember Choate seconded the motion The motion passed 7 -0. Approve the purchase of five (5) police vehicles with required equipment and one (1) animal control truck with pro safet unit not to exceed $178,995.55 through H -GAC and Jennings Anderson Ford to be purchased with budgeted funds, a presented by Billie Smith. Pricing requests for the police patrol vehicles and SUV have been obtained from RFP Depot, 10 vehicl dealerships, and requested in the formal sealed bid process. Vehicles include four 2008 police patrol vehicles, one 200 full size SUV (all with police package upgrades), and the necessary equipment for police vehicles to operate in a saf manner. Pricing for a 2008 Ford F -250 Crew Cab with ProSafety Animal Control Unit was obtained from Housto Galveston Area Council ( °H- GAC "). The police patrol vehicles with equipment and the animal control truck are on th City of Huntsville vehicle replacement schedule with budgeted funds in the amount of $186,028. The animal control pr safety unit was presented in the Public Safety FY 2007 -08 budget. The full size SUV is an upgrade from a Crow Victoria to a sport utility vehicle as part of the 2007 fleet review in which vehicles were right sized. Pricing through H -GAC meets all competitive bidding regulations and guidelines as mandated by the State o Texas. Councilmember Choate moved to approve the purchase of five 5 olice vehicles with re cum a ui ment an one 1 animal control truck with pro safety unit not to exceed $178,995.55 through H -GAC and Jennin s Anderson For to be purchased with budgeted funds and Councilmember Evans seconded the motion. The motion passed 7 -0. Authorize the purchase of 800 MHz radios, amplifier with installation for the Huntsville Police Department consisting of Twenty -nine (29) vehicle radios and three (3) portable radios from Motorola not to exceed $103,663; and One (1) bi directional amplifier and hardware (including installation) from Texas Communications not to exceed $6,242.34; to b purchased and installed with budgeted funds, as presented by Billie Smith. Currently the Huntsville Police Department uses a VHF radio system. The current system consists of antiquate technology and the equipment's serviceability has raised concern. During the 2007 -2008 budget discussions, the Cit Council was presented and a supplemental package was funded in the amount of $108,782 to complete the conversio from VHF to 800 MHz radios to correct the inefficiencies of the VHF system. Purchasing 800 MHz radios would alto direct communications with the Walker County Sheriff's Office and EMS. Additionally this conversion would allow HPD t become part of the regional 800 MHz radio system network that would be critical to communications during a state regional or local emergency situation. During the field testing of the radios and based upon discussions with radi representatives, it was determined that a bi- directional amplifier would need to be installed at the police department t strengthen radio signal for clearer reception and transmission from inside the building. Councilmember Mahaffey moved to authorize the purchase of 800 MHz radios am lifer with installation for th Huntsville Police Department consisting of: Twenty-nine 29 vehicle radios and three 3 portable radiosfrom Motorol not to exceed $103,663; and One 1 bi- directional amplifier and hardware (including installation from Texa Communications not to exceed $6,242.34; to be purchased and installed with budgeted funds and Councilmembe Barrett seconded the motion. The motion passed 7 -0. I )R t CITY COUCILMEMBER ! CITY MANAGER REPORT Considerand /or take action on the appointments to the Library Feasibility Study Ad Hoc Committee, as presented b Mayor J. Turner. Council Representatives — Mayor J. Turner, Councilmembers Mac Woodward and Dalene Zander; and Community Representatives — Ben Aguilar, Sylvia Bell, Johnnie Jo Dickenson, Kay Douglas, Sharon Duke, Nanc Franklin, Ann Holder, Morris Johnson, Jane Monday, Gene Myrick, Sandra Ray, Dennis Reed, Phillip Rosenburger CITY COUNCIL MEETING of NOVEMBER 15, 2007 BOOK "U" 77 Jack Ross, Joyce Robinson, Al Smith, Rosa Valles, Robert Vann, Helen Watkins, and Julie Woods Councilmember Barrett moved to ratify the appointments to the Library Feasibility Stud Ad Hoc Committee an Councilmember Mahaffey seconded the motion. The motion passed 7 -0. b. Consider and /or take action on Annual Review of Charter Officer — City Attorney, as presented by Mayor J. Turner. This item was discussed in Executive Session as authorized below. C. Consider and /or take action on clarification ofthe Welter retirement agreement, as presented by Thomas A. Leeper, Ci Attorney. This item was discussed in Executive Session as authorized below. RECESS [1:02- 1:16pm] EXECUTIVE SESSION [1:17- 2:18pm] As authorized by Texas Government Code, Chapter 551, Section 551.074 — personnel matters regarding the appointment employment, evaluation, reassignment, duties, discipline, ordismissal of a public officer or employee; City Council discusse and clarified details of the Welter agreement and conducted an annual review of Charter Officer— City Attorney Thomas A Leeper. RECONVENE[2:18pm] Consider and /or take action on clarification of the Welter retirement agreement, as presented by Thomas A. Leeper, Cit Attorney. Councilmember Choate moved to direct the Finance Director to make payments to Mrs. Danna Welter in accordant with the agreement rref. COH contract no. 2007-371 to include ratification of information as provided by the Finance Director with respect to sick leave recalculation and addressing other deductions not specifically included in the contract and ordere that a check be issued the same day' and Councilmember Evans seconded the motion. The motion passed 7 -0. Councilmember Choate moved to clarify the prior motion to include City payment of Mrs. Welter's health insurance: an Councilmember Zander seconded the motion. The motion passed 7 -0. PUBLIC COMMENTS John Wagamon. Mr. Wagamon continued his comments on Councilmember Woodward's abstention and the minutes of Apri 24,2007. MEDIA INQUIRIES None. ADJOURNMENT [2:18pm] ep me A. im, City Secretary